April 08, 2011
A brief overview of planning considerations.
Localism Bill
The Government’s Localism Bill is due to be implemented in Spring 2012 and is currently still being debated by Parliament.
New Homes Bonus
The Government’s New Homes Bonus scheme has now been published and is currently being implemented. This is designed to provide an incentive for local authorities to provide more housing developments by giving them a six year Government grant equal to the national average for the council tax band on each additional property built. The grant is increased for empty houses that are brought back into use and for creating affordable homes.
Village Greens
At present, members of the public who want to prevent a landowner from developing their land can apply to have it protected by registration as a village green. This status may be given to land that is used by the public for recreational or community purposes. However, in order to retain the development opportunity for their land, many landowners are preventing the public from using or walking over it. The recent case of Barratt Homes v Spooner [2011], has assisted landowners in this regard where the land is owned or used to be owned by a local authority. Here, the land in question was recommended for registration as a village green but the Court stated that if such registration were obtained, a housing development could still be built on the land.
Community Infrastructure Levy (CIL)
The Community Infrastructure Levy Regulations 2010 came into force on 6 April 2010 and introduced the power for local authorities to raise a levy on new infrastructure developments. The Regulations have been amended by the current Government, with the draft Amendment Regulations now having been published. The Regulations as amended include provisions allowing payment of the CIL by installments and through making payments in kind of over £50,000.
Land auctions
Proposals are being considered to implement a system for the approval of planning permission by way of land auctions. The aim is again to encourage development. Landowners would put forward their land for development at a stated price and the local authority would then decide what the land should be used for and invite bids from developers for it. Any difference between the chosen developer’s bid and the land owner’s offer would be retained by the local authority.
However, the practicalities of the system are as yet unclear and it would be necessary to somehow ensure that councils remain unbiased when choosing which land should be developed so that they make any decision in the interests of proper planning rather than to maximise their own profits.
