Out-Law News 1 min. read

Growth Bill removes SoS local development order powers


The power for the Secretary of State (SoS) to intervene and the requirement for him to approve local authorities' grant of local development orders (LDO) has been removed in an amendment to the Growth and Infrastructure Bill. 

The amendment removes the requirement for local authorities to submit a report to the SoS for his consideration and approval prior to granting a LDO. Instead, the local authority will just need to send a copy of the order to the SoS once it has been adopted.

The existing requirement for the local authority to report to the SoS on the effectiveness of the order has also been removed by the amendment, which was moved during a House Of Lords debate last week.

LDOs were introduced by the Planning and Compulsory Purchase Act in 2004. The granting by a local authority of a LDO removes the need to obtain planning permission for certain kinds of development in a specified area

"As we have made clear during previous debates on the planning clauses in the Bill, we are keen to free the planning system from unnecessary constraints to ensure that local planning authorities can focus on the most important planning matters in their area," said Lord Ahmad of Wimbledon, who moved the amendment.

"We welcome that local authorities are also taking strides in this area and want to ensure that they can use local development orders to their maximum benefit to remove barriers," Lord Ahmad said.

Lord Ahmad said that more than 30 LDOs have now been put in place in enterprise zones and that more were coming through "by the month". He said that the orders are contributing to growth by helping to speed up the delivery of "everything from small domestic alterations to major industrial development".

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