Government to help local authorities heading into 'poor performance danger zone'

On being asked whether he had considered giving notice and support to local authorities before designating them as 'poorly performing', Boles said that he had discussed the issue with the Local Government Association.

"I have had discussions with the Local Government Association, with full support from the Department and my officials putting an arm round those authorities that are beginning to get into the danger zone and helping ensure that they get out before the axe falls, before the designation becomes real," Boles said. "It is my genuine hope that no local authority gets caught by the provision, because no local authority consistently fails to discharge its responsibilities."

Boles said that because the Government proposes for designations to be partly based on data about the timeliness of a local authority's decisions on major applications, it should be clear "which authorities are heading into the danger zone, even after probably only six months’ data".

The minister also clarified that where an affordable housing requirement made under a section 106 agreement is renegotiated under the Bill's proposals, the renegotiated agreement "will survive for three years but return to its previous level at the end of that period".

"If the developer has not built out on the basis of the new, lower, affordable housing agreement, the agreement will return to the previous higher level and they will have to continue to build it out at that level," Boles said.

Boles said that the Planning Inspectorate would be required to consider in its decisions on renegotiations only evidence that is published or available publicly. "It is not allowed to take into account anything that it is given on an entirely confidential basis," he said.

The Bill will proceed to the House of Lords in the new year.