A raft of changes were introduced to our much maligned planning application system earlier this year, all affecting the way we must now play that system.

After years of waiting, the new ‘1APP’ form – a one form fits all approach - was eventually introduced by Government. As from 6th April it became the only method of submitting planning applications across England and a similar approach will be introduced in Wales by the end of the year.

Prior to this, each local planning authority had its own specific forms. Some  authorities asked for pretty basic information and the forms were straight forward. Others asked for more information and at times their forms were incomprehensible. The 1APP also covers Conservation Area consent or Listed Building permission and so removes the need for duplicate applications.

Some anomalies remain – such as the need to statutorily confirm that land is not part of an agricultural holding – a throw back to the 1947 Planning Act and a different era.
Well it wouldn’t be the planning system without some odd quirks would it? But in general terms, the form is a marked improvement on the vagaries and inconsistencies
experienced previously.

The Planning Portal has been in existence for some time but there is now very strong encouragement to make all submissions electronically. The days of rushing down to a planning department to get a scheme in, before they break up for a long bank holiday, have gone. While this in theory is a sustainable move forward, many local authorities still have to print off reams of paper as many consultees still want to see hard copies of plans.

There are other drawbacks. Whilst there is no set limit for an application, the DCLG at the moment recommend a 25MB maximum for each application made via the Planning Portal as this is the limit accepted by some Local Planning Authorities. Therefore large schemes regularly exceed this figure and hence documents have to be split or delivered in hard copy to respective local authorities.

Many applicants still prefer to pay the planning fees by cheque to their Local Planning Authority, although they are advised to pay electronically where possible. Where cheque payments are made, and have therefore been delivered separately, we hope that these tally up with the electronic submission somewhere along the line.

The introduction of 1APP was also accompanied by increases in planning fees. The most alarming of these is the maximum fee now applicable for a scheme. This has now risen to £250,000. While some developers will accept this is a valid cost of a submission, others might want some certainty that their schemes will be successful. While heaven forbid that a high planning fee should ever equate to how any application is determined, the changes in the validation system might go some way to allay the fears of some developers – but it has meant that considerably more care is required with any submission.

A check list of ‘required’ information has been set by Government and without it an application will not proceed. The art is to make sure that before any submission is made that the check list is carefully considered and all necessary reports prepared and technical information is collated. Without this, the application will not be accepted. Developers have to think ahead.

While some authorities are making heavy weather of 1APP and the validation list, meaning a delay in registering schemes (nothing to do with their backlog being high and staffing levels low), most are using the system professionally and with common sense.

Overall, the changes are a huge step forward but they do emphasise the fact that gone are the days when a red line plan, a tatty form and a hand written note to the Chief Planning officer will suffice to get a scheme through.

Today, far more work and expertise is needed to ensure that any scheme is properly justified and presented and hence the adage ‘planning is both an art and a science’ has never been more apt.

Louise Brooke-Smith
Director
CSJ Brooke Smith
lbs@csjbrookesmith.co.uk