Our response to recent consultations
Planning Portal are staying up to date with the current influx of government planning consultations, to ensure that we respond where relevant and identify where future updates to our content and online services may be required.
We responded to the recent consultation on reforms to national planning policy to support the “creation of a more accessible and interactive, web-based set of national policies” and the wider ambition of the 2020 white paper that “all development management policies and code requirements, at national, local and neighbourhood level, are written in a machine-readable format”.
More specifically, our response advocated for digital transformation, suggesting adoption of a ‘rules-as code’ approach to legislation and policy to help ensure consistency in interpretation, and transparency in application.
Planning application fee increase
The government’s technical consultation, open until 25 April 2023, proposes the following in relation to application fees:
- 25% increase to all fee values (rising to 35% for major developments) to take effect this summer.
- Removal, fully or partially, of the ‘free go’ exemption for repeat applications (i.e. re-applying within 12 months)
- Doubling of fees for retrospective applications (i.e. where development has commenced or completed) excluding householder applications.
- Yearly inflation-related fee adjustments to ensure fees keep pace with economic conditions.
- Introduction of a fee for prior approval applications for closed defence sites which was not previously covered in the fee legislation.
All of the above will be accounted for in our fee calculators and schedules if and when the proposals are made into legislation and come into effect.
It also seeks to collect evidence of, or suggestions for, additional fees for bespoke services (e.g. fast tracking of applications) provided by individual Local Authorities.
In terms of how Local Authority planning services can benefit, it proposes ring-fencing additional fee income and looks to understand how capacity and capability can be improved by identifying skill gaps, asking for examples of current initiatives and good practice, and welcoming thoughts on how under-represented groups can be encouraged into the planning profession.
All the above comes with an expectation of increased performance. To this end, the consultation signals governments intentions to review ‘planning guarantee’ deadlines (after which fees are refunded), broaden performance frameworks, and specifically assess performance of certain application types, taking time extensions and proposal specific agreements into consideration.
Permitted development changes
The consultation, open until 25 April 2023, seeks view on:
- New permitted development rights for temporary recreational campsites (with potential to require a prior approval application in flood risk areas)
- Changes to existing rights for solar panels, mainly to allow more buildings to benefit, and an additional right for solar canopies above existing non-domestic off-street car parks
- Additional flexibility for Local Authorities by extending their rights supporting provision of public services so that such development can be carried out by bodies working on their behalf
- Changes to current rights for film-making to allow longer filming periods, larger sites, and higher temporary structures
Where these changes affect current types of prior approval application – if and when the proposals are made into legislation and come into effect -we will look to ensure they remain compliant.
If legislation dictates that additional rights require prior approval applications, we will work to add these to our online services and range of PDF forms.
Other open consultations
We are also reviewing the Environmental Outcomes Reports consultation and Infrastructure Levy technical consultation, both open until 9 June 2023, to understand how requirements for developers and Local Authorities may be facilitated by our content and services.
Planning Portal Blog 
The Government need to slow down and recognise the Planning System is in crisis, neither it or we can continue to keep coping with yet more legislation and cost until it gets its own house in order, and that shouldnt be at the expense of the Applicant.
I feel that at 25% increase for the average persons home extension is rather high and should be linked to the current rate of Inflation as of the 1st of April or 10% whichever is the least.
The consultation looks to include an inflationary increase year on year in addition to the 25% uplift to minor applications. One area up for consultation is whether householder applications should be exempt from the initial uplift. Be sure to head over to the consultation to have your voice heard.
Dear Sirs, having been largely involved with ‘minor’ residential low level planning applications nationwide over the last 35 years, many of which over the last 10 – 15 years can still be found on Local Authority Portals in their entirety, to include all public comments (LOR’s of old) through consultation. I was recently shocked to find protocol of removal after only 12 months of public comments on a new town development in the South West. Can anyone comment if this is usual, national policy or guidance?
How does GDPR impact on influencing a Local Authority to remove public redacted comments after such short time on a 20 year project? This seems unusual and arguably not in the public interest. Any feedback gratefully received.