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Government consults on highways consent for property development


The Government has proposed simplifying the process of applying for the stopping up or diversion of a highway when this is required for the purpose of property development.

The Secretary of State for Transport Justine Greening has announced the publication of a consultation to simplify the highways application rules.

The consultation proposals include allowing applications for a stopping-up or diversion order to be submitted at the same time as applying for planning permission and devolving decision making to local authority level.

Under existing legislation developers can only apply to the Highways Authority following the grant of planning permission, which can delay developers.

The simplification of the application procedure was recommended in the Penfold Review, which examined various development consents needed by developers on top of planning permission.

The Review identified measures the Government could take to minimise the burden of complying with and administering these consents, while maintaining the essential benefits that they protect.

"These measures were committed to in the 2011 Autumn Statement and will help to deliver the Government’s growth agenda, by removing unnecessary burdens faced by businesses, speeding up the application process and removing unnecessary bureaucracy," said Greening.

"They will play a useful role in encouraging investment and therefore growth in local communities," she said.

Most of the policy options in the consultation would require primary legislation to amend the Town and Country Planning Act 1990, as it applies to England.

"Subject to the outcome of the consultation, we intend to deliver this through the Enterprise and Regulatory Reform Bill," said Greening.

The consultation is open until 24 August.

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