Planning news 4 April 2024 

This week, small sites are no longer exempt from Biodiversity Net Gain regulations, Bridgend County Borough Council’s replacement development plan is approved until 2033 and RTPI say they support brownfield land development. Read on to find out more…

Small sites no longer exempt from Biodiversity Net Gain regulations

From 2 April 2024, the small site exemption for biodiversity net gain requirements no longer applies. This means small sites are now expected to provide the same level of biodiversity gain evidence as all other developments, excluding those which are still exempt, such as householder applications.  

From this month, local planning authorities will see a large increase in the number of applications that contain biodiversity net gain information and documents.  

More details around biodiversity net gain and whether it will apply to your development are available on our sustainability hub, with help and potential solutions being provided by our partner Joe’s Blooms. 

LURA digital planning powers come into force

The effects of The Levelling-up and Regeneration Act 2023 continue to take shape, with the latest round a result of the third set commencement regulations. 

Many of the provisions rely on secondary legislation to set out the details, meaning most of the changes will take some time to be implemented.  

Following the commencement regulations, a raft of new provisions came into force on 31 March, including powers related to:  

• the provision, publicity and processing of planning data and data standards; and  
• the requirement for commencement notices prior to the implementation of planning permission.  

This also includes Section 85, which allows local planning authorities to require planning data to be submitted in a form complying with an approved data standard. 

Sections 87 (Power to require use of approved planning data software in England) and 124 (Powers as to form and content of planning applications) are still currently prospective. 

RTPI supports brownfield land development, on the condition of close monitoring

The Royal Town Planning Institute (RTPI) has endorsed the government’s initiative to increase housing construction on brownfield sites. They have however emphasised that vigilant oversight is necessary for these urban brownfield projects, to prevent the creation of substandard housing or unsuitable developments. 

In its policy feedback, the RTPI highlighted the importance of preserving brownfield sites for commercial, industrial and logistical purposes that make the land vital to the economic success of surrounding areas. 

The RTPI also drew attention to the challenges associated with redeveloping brownfield and previously utilised land, urging the government to adopt a more assertive role in aiding local councils to promote such redevelopment. 

To expedite redevelopment, the RTPI has proposed an expansion of Homes England’s funding for brownfield projects and advocated for local government assistance in revising and maintaining their brownfield land records, which could significantly accelerate the development process. 

Moreover, the RTPI suggested that enhanced strategic planning and public service mechanisms could optimize the long-term community benefits of redeveloped land. 

Victoria Hills, RTPI’s Chief Executive, remarked, “We are in favor of the government’s commitment to constructing more homes on brownfield sites. Nevertheless, it’s imperative that these new developments are meticulously planned and of superior quality, without encroaching upon the crucial commercial and industrial sectors that are integral to fostering sustainable, economically diverse communities. 

“With adequate backing and resources, we can revitalize brownfield locations in a manner that positively impacts local communities and bolsters economic development.” 

You can read the original report on the RTPI’s website. 

Fareham Borough Council de-designated

The Secretary of State de-designated Fareham Borough Council on 26 March 2024.  

Fareham Borough Council was originally designated on 19 December 2023 for not meeting government targets for the quality of decision-making in major development applications. 

The de-designation process, as described by government: 

• The Secretary of State assessed the designated local planning authority’s capability to handle future major development applications. 
• The effectiveness of the authority during its designation period was considered. 
• The Council demonstrated improvement in areas identified during an initial performance assessment. 
• Based on the most recent data (up to 31 March 2023) and subsequent appeal decisions (up to 31 December 2023), the Council is no longer eligible for designation. 

Bridgend County Council’s replacement development plan approved

Bridgend County Borough Council has recently had its replacement development plan approved. This new blueprint, setting the course until 2033, will act as a guidance for the growth and evolution of the borough. 

At its core, the local development plan (LDP) is crafted to accommodate an anticipated surge in population by ensuring an ample housing supply. But it doesn’t stop there. The plan also lays emphasis on job creation, setting a bold target of 7,500 new employment opportunities within the borough. Notably, the blueprint encompasses the construction of 7,575 homes, with a significant portion allocated to affordable housing units, addressing the pressing need for accessible accommodation. 

Five new primary schools are also set to be established. The plan also proposes the construction of a replacement road bridge at Pencoed, promising smoother commuting experiences for residents.  

Provided in association with The Planner 

For a more in-depth look into the above stories, and for further industry news, head over to The Planner.