On 16 March 2016, the Chancellor of the Exchequer, George Osborne, delivered the 2016 Budget. The government continues to tweak around the edges of planning in a continued attempt to improve and streamline the planning system. The government states that further reform is needed to deliver the government's commitment to deliver 400,000 affordable housing starts by 2020-21, while continuing to protect the green belt.

This update analyses the key implications for the planning industry. For an analysis of other aspects of the 2016 Budget, see Further reading.

The government will set statutory three month deadlines for Secretary of State decisions on called-in applications and recovered appeals to prevent time-delays on decisions on infrastructure, housing and regeneration projects.

(Budget Report, paragraph 2.292.)

In July 2014, the government consulted on proposals to introduce deemed discharge for certain types of condition (see Legal update, Consultation on further planning reforms). The government was concerned that delays in discharging these conditions slowed down the start of development. In November 2014, the government's response to the consultation was published, see Legal update, Government response to consultation on deemed discharge of planning conditions.

On 15 April 2015, the Town and Country Planning (Development Management Procedure) (England) Order 2015 (SI 2015/595) came into force. This introduced the deemed discharge of planning conditions. For further information, see Practice note, The discharge of planning conditions.

The government is still concerned about delays caused by the use of planning conditions and intends to:

(Budget Report, paragraph 2.290.)

On 15 September 2015, Brandon Lewis (Planning Minister) announced a new expert panel, set up to consider how to significantly simplify and streamline the making of local plans (see Legal update, New expert group to streamline local plan process).

On 16 March 2016, the expert panel published Report to the Communities Secretary and to the Minister of Housing and Planning. As recommended by the panel, the government intends to look at the scope to reduce the weight of outdated plans in decision-making and to accelerate the preparation and adoption of local plans. The government will consult on the group's recommendations.

(Budget Report, paragraphs 2.287 and 2.288.)

The government also intends, in England, to move to a more zonal and "red line" planning approach, where local authorities use their local plans to signal their development strategy from the outset and make maximum use of permission in principle, to give certainty and reduce the number of stages developers must go through to get planning permission.

(Budget Report, paragraph 1.120.)

Compulsory purchase is a legal function that allows certain public bodies to acquire land, for a specific purpose, if the landowner is not willing to sell by agreement. While it might be possible to acquire land for small-scale projects by agreement, site assembly for major schemes will usually mean the parties need to consider using compulsory purchase powers.

For a guide to Practical Law Planning’s materials on compulsory purchase, see Compulsory purchase orders: toolkit.

The March 2015 Budget launched a consultation into improving the compulsory purchase process, see Legal update, Improving the compulsory purchase process: consultation and draft updated guidance published. On 29 October 2015, DCLG published its response to the consultation and also published updated guidance on compulsory purchase and the Crichel Downs Rules, see Legal update, Improving the compulsory purchase process: government's consultation response and updated guidance published.

The 2016 Budget Report confirms that the government will consult on another wave of compulsory purchase order reforms with its continued aim of making the compulsory purchase regime clearer, fairer and faster.

(Budget Report, paragraph 2.294.)

The government supports the construction of a new wave of garden cities, towns, and villages across the country with the aim of delivering over 100,000 homes.

To support areas that want to establish garden cities, towns and villages, the government will:

(Budget Report, paragraphs 1.123, 1.124 and 2.285.)

The government intends to bring more land into the planning system for housing development. In the 2015 Autumn Statement, the government committed to release public sector land for housing (see Legal update, 2015 Autumn Statement and Spending Review: key planning announcements: House building).

The government now intends to release more public sector land for housing and states that:

(Budget Report, paragraphs 1.121 and 2.300.)

On 10 July 2015, HM Treasury published a productivity plan, Fixing the foundations: creating a more prosperous nation. The plan set out the government's agenda to reverse the UK's productivity problem and secure rising living standards and a better quality of life for UK citizens (see Legal update, Fixing the foundations: key planning announcements). As part of this plan, the government proposed to extend permitted development rights to enable taller mobile masts to be erected in both protected and non-protected areas in England.

On 10 July 2015, DCLG and the Department for Culture Media and Sport published Review of how the planning system in England can support the delivery of mobile connectivity: call for evidence. The call for evidence ran until 21 August 2015 and sought evidence on the effectiveness of the planning system in relation to mobile infrastructure.

The 2016 Budget Report confirms that the government will announce details of greater freedoms and flexibilities in England to support the deployment of mobile infrastructure including reducing planning restrictions for existing telecommunication infrastructure and allowing taller new ground based masts to be built.

(Budget Report, paragraphs 1.120 and 2.295.)

The government has agreed new mayoral devolution deals with:

These devolution deals will give these local areas new powers over planning.

In addition, following the consultation on building up in London, see Legal update, Consultation on London planning policy change to permit upwards extensions for housing, the government will consult with city regions on extending similar powers as part of the devolution deals.

(Budget Report, paragraphs 1.122, 1.307, 1.318, 1.324 and 2.289.)