The Localism Bill became the Localism Act on Tuesday afternoon. Planning will bring you the latest reaction to the new Act as it comes in. You can add your comment below, or by emailing planning@haymarket.com.
Richard Summers, RTPI president, said: “We congratulate ministers on improving the Localism Bill and listening to some of our suggestions and we appreciate the constructive way they have engaged with us on some of our concerns. But the real test of the Localism Act will be its implementation and the resources made available to enable the planning system to deliver it.”
“Many issues still need to be clarified, some by legal challenge and others through guidance, but the key issue will be to reduce the continuing uncertainty, cost and delay for the planning system and the development industry.”
Kate Henderson, chief executive of charity the Town and Country Planning Association, said: “The effectiveness and fairness of the new regime will depend not just on the extensive legislation set out in the Localism Act, but also on a wider package of changes. These include the introduction of the New Homes Bonus, designed to incentivise housing growth, changes to Housing Benefit and a new National Planning Policy Framework, which will contain the key national policy direction for planning.”
“Now is the time for local authorities to seize the devolved powers in the Localism Act for the benefit of the communities they represent. The challenge will be to find the most effective balance between strategic housing policy and an emphasis on the localism approach; the balance between traditional land use regulation and fiscal incentives; and the degree to which, taken as whole, the reforms provide for a socially progressive framework which will ensure access to high-quality homes and communities.”
Liz Peace, chief executive of the British Property Federation, said: “We welcome the government’s recognition of the need for localism to support sustainable economic growth and have been pleased to work closely with the government in developing the concept of business neighbourhoods in areas that are mainly commercial in character.
“We look forward to the government now realising the full potential of localism by pressing ahead with other measures that can empower local communities such as greater local retention of rate revenues and tax increment financing.”
Roger Hepher, Savills head of planning and regeneration, said: “While there is much of importance in the Act, it is difficult to anticipate exactly what its implications will be, and when they will become apparent. The Act sounds the death knell for regional spatial strategies, but they will still linger on for the moment, until the relevant part of the Act is brought into effect (an event which could give rise to further legal challenges, focusing on the strategic environmental impact of the abolition). Neighbourhood planning has the potential to have a big effect; however, whether it does will depend upon how the regulations are drafted, how Parish Councils and local communities respond, and whether the resources will be found to make the system work. The scrapping of the pre-determination rules will give local politicians more freedom to get involved in the planning application process, but to what extent councillors will want to seize the opportunity – potentially placing themselves in the line of fire in the process – is a moot point. The passing of the Act (in a relatively short period of time) is however, a major milestone: it confirms that the Government’s programme of reforming the planning system remains on track.”
Nigel Hewitson, partner, Norton Rose LLP, said: “In doing away with Regional Strategies and adding a neighbourhood plan-making layer, the Localism Act has the potential to lead to far-reaching changes to the planning system. But Neighbourhood Development Plans and Orders will be costly to produce and consult on and will have to achieve more than 50% support in a referendum. Even if plans overcome these obstacles, it is a moot point how big a change of policy could be effected, given that the neighbourhood plan must be in general conformity with the strategic policies of the existing development plan. It remains to be seen how many neighbourhoods will have the appetite – or the wherewithal – to jump through the all the hoops to put Plans and Orders in place.”
Adam Royle, senior parliamentary officer for the Campaign to Protect Rural England, said: “The neighbourhood planning powers in the Localism Act promise to deliver positive outcomes for communities, by giving them a structure in which to make planning decisions for themselves. But if draft national planning policies which say there should be a default yes to development are unchanged, local communities will have their hands tied.
“This could leave developers, rather than local communities, in the driving seat. We are ready to celebrate giving local people more say on which direction to take their community, but not if all roads lead to excessive, damaging or inappropriate development.”
Richard Ford head of planning at international law firm Pinsent Masons, said: “I am pleased that some of the uncertainty over the planning system will be removed by the Localism Bill’s enactment. The sooner the National Planning Policy Framework is in place the better as well as that will mean developers and local authorities can move forward with clarity over the new system. I fully expect there to be legal challenges though and I do predict more appeals to start with too. It will not be plain sailing”.
Martin Harper, RSPB conservation director, said: “The Localism Act is a central part of the government’s drive to reform planning rules and it was a golden opportunity to lay the ground work for a system based on robust principles for sustainable development. That is a system which integrates the needs of people, the economy and the environment. The government claims to support this approach, so this is a missed opportunity.
“Without this legal definition in place we are facing the prospect of a system which gives the economy a trump card and fails to protect the green spaces that enrich our lives and allow nature to thrive.
“Our only hope now is that the final version of the much talked about National Planning Policy Framework contains a strong definition of sustainable development which includes the needs to live within our environmental limits. There must be a presumption in favour of genuinely sustainable development.”
Steve Wyler, chief executive of umbrella group Locality, said: “The Localism Act represents a vote of confidence in can-do communities. It brings opportunities for local groups to take on the planning system, to take over failing services, and to take ownership of the land and buildings that matter most to them.
“But none of this will be easy. It will require renewed effort by government and others to increase community investment and ensure community organisations have the relevant support needed to further develop their capability, otherwise communities will see these opportunities slipping through their fingers.”
Adam Pyrke, planning director at Colliers International, said: “This Act seems unlikely to stimulate housing development notwithstanding the financial incentives offered. The natural position of local councillors is to resist granting planning permission. If this government is serious about stimulating economic growth, it will have provide a stronger pro-development planning framework and reinforce its position through positive planning appeal decisions.”
Leonie Oliva, director in planning at Drivers Jonas Deloitte, said: “What should we expect? With the abolition of Regional Spatial Strategies and the introduction of a new level of neighbourhood plans, policy making is devolved towards local communities. Participants may comprise both of residents and local businesses following changes to the Bill to allow businesses to become involved in this process. Neighbourhood plans are optional. Take up can be expected in particular in areas where planning issues of high interest to the local community already exist, and where there is already a strong degree of community activity. Elsewhere the process and cost of preparing neighbourhood plans and development orders is likely to mean that take up is relatively limited.”