NEW POWERS FOR PLANNING AUTHORITIES ANNOUNCED

The Office of the Deputy Prime Minister (ODPM) has revealed new provisions intended “to speed up the planning system and ensure developers deliver”.

Due into force from 24 August, the provisions under the Planning and Compulsory Purchase Act 2004 (“PCPA 2004”) amend the Town and Country Planning Act 1990 (TCPA 1990) to provide that:

• Local authorities will have greater power to decline to determine repeat planning applications from developers;
• Most planning permissions granted after 24 August 2005 will have to be implemented within three years from the date of grant, rather than the current five, unless a longer period is stated by the planning authority;
• Statutory consultees to planning applications (for example highways authorities or the Environment Agency) will have to respond within 21 days to requests for information from the planning authority; and
• Concurrent inquiry sessions may be held into applications for major infrastructure projects called-in by the Secretary of State.

Power to decline repeat planning applications

This amendment retains the previous powers of the planning authority to decline to determine an application if the Secretary of State has refused a similar application (either by reference from the planning authority or on appeal) and the authority believes that there has been no significant change in circumstances. An application is “similar” if, in the opinion of the authority, the proposed development and the land to which the application relates are the same or substantially the same.

This power to decline is greatly extended under amendments made by the PCPA 2004. From 24 August 2005 the authority may decline to determine an application where in the past two years the authority has refused more than one similar application and there has been no appeal to the Secretary of State against those refusals.

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