Out-Law News 1 min. read
17 Nov 2011, 4:24 pm
"The Localism Act has had a painful gestation, but now that it is here, local authorities and other stakeholders need to get to grips swiftly with the changes that it brings to the plan making system," said Iain Gilbey, a planning law expert at Pinsent Masons, the law firm behind Out-Law.com.
"The private sector has a crucial role in that process, ensuring positive engagement at all levels and a genuine desire to make the new system work to the advantage of all. The Government must clarify the transitional provisions as a matter of urgency and progress its complementary proposals flowing from the Resource Review,” said Gilbey.
There are mounting fears that the resources required by planners to implement the changes under the Act have not been provided and the real test of the Localism Act will be its implementation and the resources made available to enable the planning system to deliver it, the Royal Town Planning Institute has said.
A key feature of the Act is the abolition of the regional tier of planning and their associated housing targets, in conjunction with the creation of a new tier of neighbourhood planning. The Act also abolished regional spatial strategies and changed the process for major infrastructure projects.
The Localism Act aims to hand power back to local people, as seen by the neighbourhood planning provisions and the general power of competence for councils. The Act also contains overarching changes to the planning regime which the Government hopes will reduce the uncertainty, cost and delay that is associated with the planning system and the development industry, however experts say that without robust transitional arrangements, the Act may fail.
There is a risk that under-resourced planning departments, particularly those in rural areas dealing with large-scale housing schemes are returning to "planning by appeal", the Architects Journal has reported. It is thought that without solid transitional provisions, appeals will rise.
