The Government has announced in a statement published yesterday afternoon that the Levelling Up and Regeneration Bill has received Royal Assent and is now law.
The measures in the Act will change the planning system in a number of ways, including, but not limited to:
Local Planning Authorities will be required to have a design code in place, covering their entire area.
- The enforcement period for all breaches of planning control will be raised to 10 years.
- A new Section 73B route to amend planning permissions, which can include descriptions of development but ultimately must not create a substantially different proposal from that of the existing permission.
- The scope of local plans will be limited to “locally specific matters”, with “issues that apply in most areas” to be covered by the new National Development Management Policies.
- Local Planning Authorities will no longer have to maintain a five year housing land supply if they have an up to date local plan i.e. adopted within the past five years.
- The Act will replace s106 and the Community Infrastructure Levy (CIL) with a new Infrastructure Levy.
- A developer’s previous build-out rates and record of non-implementation will become a material consideration when determining a planning application.
- Local Planning Authorities will have the power to instigate auctions to take leases on vacant high street premises
It is important to note that while the Levelling Up and Regeneration Bill is now law, bringing the above provisions into effect will require secondary legislation and so have not yet come into force.
Putting the Levelling Up and Regeneration Bill to one side, the Government has also announced that it will publish its response to last December’s National Planning Policy Framework consultation “in due course”. Kennedy Durrant, Senior Planning Consultant at Chapman Lily Planning, considers that ‘the amendments to the NPPF are likely to closely resemble the consultation version, but given the delays and speculation we should remain alive to the potential for some deviation’.
Navigating the evolving landscape of planning regulations requires foresight, adaptability, and expertise. The Levelling Up and Regeneration Bill’s Royal Assent brings with it a plethora of changes that will undeniably impact our sector, from new design codes and the universal 10 year enforcement period to the introduction of the Infrastructure Levy.
Whether you’re a landowner, developer, or promoter, it’s crucial to understand the implications of these changes on your projects and investments. Proactive planning and strategic thinking will be paramount in leveraging the opportunities presented by the new law while mitigating potential challenges.
At Chapman Lily Planning, we remain steadfast in our commitment to guiding you through this dynamic environment. Our seasoned team is primed to assist with expert advice, ensuring you’re not only compliant but also optimised for success in the face of these new regulatory shifts.
Don’t leave your plans and projects to chance. With the anticipated changes in the National Planning Policy Framework on the horizon as well, it’s a pivotal moment for our industry. Reach out to us today to discuss how these developments might affect you and to chart the best path forward. Your vision, combined with our expertise, will ensure we continue building a brighter and more prosperous future together.”