Palace of Westminster
The Planning and Infrastructure Bill introduces major changes to the way planning applications are processed, with reforms that could speed up decisions but also introduce new risks for developers. The headline changes include:
- Mandatory training for planning committee members.
- A new national scheme of delegation.
- Local authorities gaining power to set their own planning fees.
These proposals could make planning decisions more predictable and efficient in some areas, but developers need to be aware of potential delays, inconsistencies, and financial risks.
Mandatory Training: A Double-Edged Sword?
A key feature of the Planning and Infrastructure Bill is the training that councillors sitting on planning committees must complete. Mayors overseeing planning matters must also meet this requirement, as will anyone advising them on planning decisions.
This is a long-overdue reform—too often, planning decisions are made by councillors with no professional planning background. Poorly informed decisions can lead to unnecessary refusals, unpredictable outcomes, and costly appeals. A mandatory training system should help ensure that those making planning decisions understand policy, case law, and their legal responsibilities.
However, this reform also brings serious risks for developers. If an election results in a large turnover of councillors, many could be unable to take their seats on planning committees until they have completed training. This could cause delays in granting planning permission if training isn’t immediately available.
Developers should pay close attention to upcoming elections in the areas where they operate. If significant political change is expected, it may be wise to submit applications away from the election cycle to avoid potential delays.
National Delegation Scheme: A Faster Route to Consent?
The Planning and Infrastructure Bill also proposes a national scheme of delegation, which will determine which applications must go to committee and which can be decided by planning officers.
Currently, delegation rules vary widely between councils. Some authorities delegate the majority of applications to officers, while others require even relatively minor applications to go before committee, causing unnecessary delays. A more standardised system could speed up the process and remove politically motivated refusals, which are often overturned at appeal.
However, much depends on how these delegation rules are structured. While this Government seeks to send fewer and fewer applications to committee, there are always local circumstances that mean any national rules will not be suitable. Developers should monitor how their local authority adapts to the new rules.
Local Planning Authorities Setting Their Own Fees
Another major reform in the Planning and Infrastructure Bill is the power for local planning authorities to set their own planning application fees. The government’s rationale is that councils should be able to recover the actual cost of processing applications, ensuring that the planning system is properly funded.
One concern is that this could create an uneven and unpredictable system. Some councils may set reasonable fees that accurately reflect costs. Others may use fee-setting powers to discourage certain types of development. For example, an authority that opposes housebuilding in rural areas could set prohibitively high fees for major residential schemes while keeping fees low for small extensions or agricultural developments.
It is also another way that councils could reduce the level of housing in their particular area, despite the intentions of the Government. If they were to hike fees for major applications, they could then blame developers for not making the necessary applications.
Planning costs could rise significantly in some areas as a result of these changes. It will be vital to track fee changes at the local level and factor them into viability assessments.
What The Planning and Infrastructure Bill Means for Developers
The Bill aims to create a more structured, well-funded, and efficient planning system. However, developers must be prepared for both the opportunities and risks that come with these changes.
- Local elections could delay planning decisions – new councillors must be trained before sitting on planning committees, potentially causing backlogs.
- A national delegation scheme could speed up approvals – fewer applications may need to go to committee, leading to faster, more predictable outcomes.
- Councils setting their own planning fees could increase costs – some authorities may use this power to discourage certain types of development.
Norton Taylor Nunn director, Ben Norton MRTPI, said: “The proposed legislation brings big changes. Training for councillors should improve decisions, but it could delay applications after elections. New delegation rules should speed up approvals by keeping more decisions with officers. Letting councils set their own fees will help cover costs, but some may use it to deter certain developments. Developers need to plan ahead and get expert advice now.”
Get Expert Planning Advice Now
With significant changes on the way, developers need a clear planning strategy. Understanding how these reforms will be applied at the local level is critical to avoiding delays and unexpected costs.
If you need guidance on how the Planning and Infrastructure Bill will affect your projects, get in touch with Norton Taylor Nunn today. We can help you navigate these changes, mitigate risks, and maximise your chances of securing planning consent.
