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Government publishes proposals on planning performance and the planning guarantee – with possible refunds if planning applications take too long

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The Department for Communities and Local Government (DCLG) has published a consultation paper on its proposals to permit certain planning applicants to submit their planning application directly to the Planning Inspectorate.

This consultation links to the Government’s proposals, contained within the Growth and Infrastructure Bill (which is currently going through Parliament), to introduce legislation to give developers the choice of submitting planning applications centrally – direct to the Secretary of State – where the local planning authority is underperforming.

According to the Planning minister Nick Boles, the financial cost to developers of holding onto land and other assets while their development projects are being assessed is a staggering £1bn each year. Consequently, the DCLG wants local planning authorities (LPAs) who fail to meet performance criteria relating to the speed and quality of their planning decisions to be designated as ‘poorly performing’. In such cases, an applicant seeking planning permission for a major development in an area where the LPA has been designated as ‘poorly performing’ would be able to apply directly to the Planning Inspectorate.

The Government has said that no planning application should take more than a year to decide and, under its proposals, an applicant could have his or her application fee refunded if an application remains undetermined by an LPA after more than 26 weeks.

To summarise, the consultation is seeking views on:

1. The performance criteria by which LPAs may be designated as ‘poorly performing’;

2. The effects of designation on the application process; and

3. The scope of the planning guarantee, which provides that all planning applications should be decided in one year.

The consultation closes on 17 January 2013, with changes possibly being made later that year.


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