In addition, s51(3) and (5) remove the ability of developers to make an application (under s73 TCPA 1990 or s19 of the Planning (Listed Buildings and Conservation Areas) Act 1990) to amend conditions that limits the time when development must be started or when an application for reserved matters must be made. However in relation to this last point, the commencement order makes an amendment to the regime envisaged under the PCPA 2004. In response to representations from developers the ODPM has postponed implementation for one year from 24 August 2005 in relation to applications to vary or discharge a condition on a previous planning permission or listed building consent granted before that date. This therefore provides a period of 12 months grace for developers.

The reasoning given for these amendments is to create more certainty for planning authorities and communities, by removing the ability for developers to hold planning permissions but not implement them for long periods of time, renewing them as necessary. Developers may have to reconsider their strategy for securing planning permissions, in light of the time taken to secure related infrastructure for large sites.

Inquiries for major infrastructure projects In an attempt to deal with concerns about the time taken to determine major development projects, amendments have been made to the powers of the Secretary of State to deal with strategic developments.

A new section is added to TCPA 1990, which allows the Secretary of State to call-in applications that relate to development of national or regional importance. Once called-in, an inspector or team or inspectors will be appointed to consider the application. In addition the Secretary of State may direct any application to be referred to him for determination, if he believes it is connected to a called-in application.

If the Secretary of State uses this power the applicant will have to prepare an “economic impact report”, which will be in a standard form and should be made available at the first pre-inquiry meeting. In addition, where more than one inspector is appointed one may act as a lead inspector, taking on a co-ordinating role over other inspectors and reporting to the Secretary of State. Potentially, these amendments therefore will speed up the determination of major infrastructure applications by allowing concurrent inquiry sessions to be held dealing with different topics.

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