2015 Autumn Statement and Spending Review: key planning announcements | Practical Law

2015 Autumn Statement and Spending Review: key planning announcements | Practical Law

On 25 November 2015, the Chancellor of the Exchequer, George Osborne, delivered the 2015 Autumn Statement and Spending Review. This update summarises the key planning implications.

2015 Autumn Statement and Spending Review: key planning announcements

Practical Law UK Legal Update 4-620-3103 (Approx. 5 pages)

2015 Autumn Statement and Spending Review: key planning announcements

by Practical Law Planning
Published on 25 Nov 2015 • England, Wales
On 25 November 2015, the Chancellor of the Exchequer, George Osborne, delivered the 2015 Autumn Statement and Spending Review. This update summarises the key planning implications.
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On 25 November 2015, the Chancellor of the Exchequer, George Osborne, delivered the 2015 Autumn Statement and Spending Review.
The government continues with its aim to streamline the planning system and increase housing supply. Key planning announcements relate to:
  • House building.
  • Section 106 agreements.
  • Improving planning performance.
  • Planning conditions.
  • Enterprise zones.
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2015 Autumn Statement and Spending Review

On 25 November 2015, the Chancellor of the Exchequer, George Osborne, delivered the 2015 Autumn Statement and Spending Review.
This update analyses the key implications for the planning industry. For an analysis of other aspects of the 2015 Autumn Statement and Spending Review, see box, Further reading.

Defined terms

The following defined terms are used in this update:

House building

The government is committed to increasing the supply of housing by:
  • Reforming the planning system to free up land for houses. This includes establishing a new delivery test on LPAs, to ensure delivery against the homes set out in local plans within a reasonable time period.
  • Supporting the availability of appropriate land for housing, including releasing public sector land with capacity for up to 160,000 homes.
  • Ensuring the release of unused and previously undeveloped commercial, retail and industrial land for Starter Homes.
    For background information on Starter Homes, see Legal update, DCLG guidance on Starter Homes exception site planning policy.
  • Supporting the regeneration of previously developed brownfield sites in the greenbelt by allowing them to be developed in the same way as other brownfield land, provided the proposed development includes Starter Homes. This will be subject to local consultation.
  • Backing SME house builders by amending planning policy to support small sites and halving the length of the planning guarantee for minor developments.
    The planning guarantee can be found in regulation 9A of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (SI 2012/2920) which establishes the right to a refund of planning fees if a planning application is not determined within 26 weeks (although this time period can be extended by agreement).
  • Offering £2.3 billion in loans to help regenerate large council estates and invest in infrastructure needed for major housing development.
  • Investing £310 million to deliver the first new garden city at Ebbsfleet. This is part of a wider £700 million programme of regeneration at Barking Riverside, Brent Cross, Northstowe and Bicester Garden Town. This will support the construction of up to 60,000 new homes.
  • Ensuring that local communities can allocate land for housing through neighbourhood plans, even if the land is not allocated for housing in the local plan.
(Autumn Statement and Spending Review 2015, paragraphs 1.146, 1.156, and 3.105-108.)
The government confirmed that major steps have already been taken to boost housing supply and reform planning with the introduction into Parliament of the Housing and Planning Bill (see Legal update, Housing and Planning Bill 2015-16 introduced into Parliament: property and planning aspects).
(Autumn Statement and Spending Review 2015, paragraph 1.156.)

Section 106 agreements and affordable housing

The government has announced that proposals will be brought forward for a more standardised approach to viability assessments. The ability to appeal against unviable section 106 agreements will be extended to 2018.
For background information, see Legal update, DCLG publishes guidance on the review and appeal of section 106 affordable housing requirements.
(Autumn Statement and Spending Review 2015, paragraph 3.109.)

Improving planning performance: quality of decision making

On 20 July 2015, DCLG issued revised criteria for putting an LPA into special measures (see Legal update, DCLG publish explanatory memorandum for Improving Planning Performance: Criteria for Designation). Once an LPA has been placed in special measures, developers can choose to bypass the LPA and submit applications for major developments to the Planning Inspectorate.
The government has announced that to support decision making in line with local plans and the National Planning Policy Framework, the government will bring forward proposals to strengthen the performance regime, by lowering the threshold for the quality of decisions to 10% of all major decisions overturned on appeal. The status of the local plan will be taken into account.
(Autumn Statement and Spending Review 2015, paragraph 3.110.)

Planning conditions

The government has announced it will review the operation of the deemed discharge of planning conditions. For background information, see Practice note, The discharge of planning conditions.
(Autumn Statement and Spending Review 2015, paragraph 3.111.)

Enterprise zones

In the 2011 Budget, the government announced the creation of new enterprise zones to encourage economic growth through a mix of financial incentives and a more relaxed planning regime. For background information, see Legal update, 2011 Budget: property implications: Enterprise Zones.
The government has announced that 26 new enterprise zones will be created. For a list of the new and extended enterprise zones, see DCLG: The New Enterprise Zones (25 November 2015).
(Autumn Statement and Spending Review 2015, paragraph 1.251 and Figure 1.)

Further reading

For more information on the key:

Sources