Dominic Cummings and Jack Airey, two of Boris Johnson’s key advisers, have made no secret of their disdain for the UK’s planning system. It has been widely trailed that some far-reaching reforms are in the pipeline, with a planning policy paper expected to be published at some point this month. 

On the 30 June, Boris Johnson’s ‘Build Build Build’ speech set out the Government’s aspirations for economic recovery from COVID-19. Johnson outlined that we will “build back better, build back greener, build back faster”. Also, that the Government’s investment across a variety of sectors will be underpinned by “the most radical reforms of our planning system since the end of the second world war”.

However, if the measures set out by Government are a taste of what is to come, the reforms to the planning system may be less radical than initially expected.

Here are nine key new announcements:

Reflecting the post-election promise to channel new investment in infrastructure, £100m is to be provided for 29 road and rail projects, with an additional £10m for unblocking the Manchester rail bottleneck. Further investment is promised for 4,000 zero carbon buses and new cycleways.
£14bn has been earmarked for primary and secondary education between now and 2023, with a ten-year school building programme, including £1bn for the first 50 schools. £1.5bn is also allocated for refurbishing further education buildings and colleges.
30,000 hectares of trees are to be planted every year. A £40m Green Recovery Challenge Fund will boost local conservation projects and deliver up to 5,000 jobs.
The £400m Brownfield Land Fund has been allocated to the West Midlands, Greater Manchester, West Yorkshire, Liverpool City Region, Sheffield City Region, North of Tyne and Tees Valley and will support around 24,000 homes.

£900m has been allocated for a range of ‘shovel ready’ local growth projects in England over the course of this year and next, to be invested in regeneration, transport and technology.

Investment in ‘left behind’ towns with £96m for the 101 towns with town deals. New academies, green buses and broadband investment is also promised.
Rules are expected to be relaxed to allow for changes between different kinds of businesses without the need for planning approval (although pubs, libraries, village shops and other types of uses ‘essential to the lifeblood of communities’ will not be included). Robert Jenrick confirmed on 2 July that there will be a new single “commercial, business and service” use class.
A wider range of commercial buildings will be allowed to change to residential use without the need for a planning application. Additionally, builders will no longer need a normal planning application to demolish and rebuild vacant and redundant residential and commercial buildings if they are rebuilt as homes. Property owners (both residential and commercial) will also be able to build additional space above their properties via a fast track approval process, subject to neighbour consultation.
A £12bn affordable homes programme will support 180,000 new homes over the next eight years and including 1,500 ‘First Homes’ for first time buyers. Small builders will also get financing assistance through a £450m Home Building Fund.

The announcements continue the emphasis on brownfield development: new infrastructure and regeneration funding should help to unlock some of those more difficult urban sites and lessen the pressure on greenfield sites – a vote winner in Conservative constituencies. Further funding for small housebuilders and affordable housebuilders is to be welcomed as a way of continuing to diversify the housing sector and increase building rates. The town centre measures aim to address the much discussed ‘decline of the High Street’, allowing for easier conversion from one business use to another, as well as easier conversion to homes. Johnson’s desire – or promise? – to ‘scythe through red tape’ is a clear recognition of the need for planning applications to be resolved swiftly, free from unnecessary delays.

As ever, the devil will be in the detail. Draft permitted development legislation allowing for upwards extensions, for instance, states that the right is applicable only to an existing detached block of flats over 3m tall, if it is not within the curtilage of a listed building or in a Conservation Area. The extension can be no higher than 7m and should not take the total building height over 30m. Prior approval is still needed, where design, amenity and loss of light are all factors that local authorities can take into account. Whether this is something that many developers will be able to take advantage of (particularly in our historic cities such as Oxford and Cambridge and part of London) remains to be seen.

We will have to wait until September for the changes to use classes and permitted development to come into effect. Meanwhile the new planning policy paper is expected this month, which should flesh out some of these proposals as well as perhaps making more far-reaching changes to the planning system.

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