Keeping the planning system moving
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11 May 2020
How can consultants help developers to work with planners so that projects are ready to go once restrictions on work and movement start to lift?
The planning system is more than just a regulatory framework; it is arguably the engine room of our country’s economic prosperity, driving forward new developments and regeneration projects across our urban areas.
Clearly, we’re operating in extraordinary times, and while the effects of COVID-19 are impacting all aspects of our daily lives, it’s essential that we continue to bring sites forward throughout this crisis to ensure that the country emerges in the strongest-possible position.
Challenges
Local planning authorities, like other organisations, are facing unprecedented challenges as a result of the Coronavirus pandemic.
Already-constrained resources have been redirected to support front-line efforts in fighting the disease, while those responsible for maintaining the status quo are adapting to completely new ways of working.
“Already-constrained resources have been redirected to support front-line efforts in fighting the disease, while those responsible for maintaining the status quo are adapting to completely new ways of working.”
Following emergency legislation, which gained royal assent on the 25 March 2020, the Planning Inspectorate announced that all casework events had been postponed but it was looking into the use of technology, such as video conferencing, to enable it to continue running planning inquiries and hearings online. It is also still accepting appeals via its Appeals Casework Portal.
However, as if the situation wasn’t problematic enough, the technology in question remains largely untested by many local planning authorities and there are also strict statutory obligations that must be adhered to in order to ensure that planning committees remain as transparent and robust as possible.
A pragmatic approach
Despite these operational challenges, some local planning authorities reported a higher number of planning permissions at the end of March when the lockdown commenced compared with the same time last year, indicating that they are very much open for business.
However, with limited resources at hand, the industry needs to maintain a flexible yet pragmatic approach, with the focus being on bringing forward those strategic development sites which have the greatest potential to accelerate economic recovery and wellbeing.
Local planning authorities, developers and their consultants will therefore need to work together to help streamline and de-risk the decision-making processes so that construction can get back on track as soon as lockdown restrictions are lifted.
“The industry needs to maintain a flexible yet pragmatic approach, with the focus being on bringing forward those strategic development sites which have the greatest potential.”
Planning consultants can support planning and development during this period in a number of ways including the following:
- Extending permissions: once planning consent has been granted, a developer generally has three years to implement it. Under ‘exceptional circumstances’, amendments can be secured to pre-commencement planning conditions to allow development to proceed in accordance with planning legislation, and keep permissions alive where possible.
- Technical information: site visits are an important part of the planning process. However, with social distancing measures likely to be in place for some months, planning consultants can instead utilise an array of information sources and tools to support planning applications, including Google Earth, Google Maps, drone footage, high quality drawings and photos, as well as providing detailed planning and design statements.
- Planning gains: affordable housing obligations and s106 agreements are a bone of contention for most developers and are often a major source of delay in the planning process. While permission can technically be granted prior to a s106 agreement being signed, planning consultants can negotiate, amend and agree contributions on the developers’ behalf prior to virtual planning committee, thereby de-risking the permission.
- Future-proofing developments: the economic landscape has changed dramatically since the vast majority of permissions were granted. Knowing whether the development still stacks up financially, socially or environmentally is critical to future decision making. The feasibility and deliverability of a scheme can be reviewed, and pricing advice provided in order to assess the maximum gross development value and anticipated total development cost.
- Repurposing existing accommodation: with many retail, leisure and hospitality premises now sitting vacant, occupiers and landlords are desperately seeking ways to maintain cash flow. Using Permitted Development Rights may enable temporary change of use to transform space into that which is more viable in the current economic climate.
A new normal
While the use of technology in the planning process is currently considered a temporary solution, once the country has come out on the other side of this pandemic, the question must be asked whether any or all of the revised approaches will be retained. Our view is that they should, as not only will it help to ease the burden on local planning authorities in addressing the backlog of applications that is likely to have built up over the coming weeks and months, it is clearly a more efficient and effective way of making planning decisions.
- Steve Norris, national head of planning, development and regeneration at Lambert Smith Hampton snorris@lsh.co.uk
