Out-Law News 1 min. read

PINS could receive up to 180 additional major applications per year, says DCLG


Up to 180 major planning applications could be eligible for application directly to the Planning Inspectorate under proposals in the Growth and Infrastructure Bill, according to new Government estimates.

The Department for Communities and Local Government (DCLG) said that the Bill's proposals to allow major planning applications to be submitted to the Planning Inspectorate (PINS) where the local planning authority has a track record of poor performance in the speed or quality of its decisions will ensure an "improved and more timely" supply of development. It said that along with the direct impact on developers in the affected areas, this will also provide knock-on benefits to home buyers and commercial occupiers.

The DCLG estimates were contained in an impact assessment (73-page / 397KB PDF) it has published on the perceived affects of the Bill.

The assessment stated that the measures would have a positive financial effect on businesses in affected areas as they would benefit from faster decisions, more major applications being approved on first submissions and fewer instances of needing to incur the additional costs of pursuing an appeal.

The DCLG estimated that 180 major applications per year would be eligible for submission directly to PINS under the measures.

The Bill's proposals to allow renegotiation of economically unviable affordable housing requirements in section 106 agreements will reduce the financial burden on developers and bring local economic benefit by allowing development to proceed, the DCLG said. It said that the benefits of business to developers would "far outweigh" any potential costs incurred in the renegotiation process.

Data in the assessment show that around half of stalled sites are in weak local markets, whilst estimates contained in the document suggest that the potential number of agreements negotiated under the measures could be between 333 and 666.

The DCLG further said it would consult on which types of business and commercial developments could apply to be brought within the nationally significant infrastructure regime under the Bill's proposals. It said it was likely to include warehousing, manufacturing and office developments, extractive industries and major tourism proposals in the types of development that will be consulted on. It said the focus of the scheme would be on developments with a floor space of 10,000 square metres or more or where the site area is 2 hectares or more.

The assessment stated that benefits to developers choosing to follow the nationally significant infrastructure route would benefit from increased certainty of a decision date and the removal of risk of appeal or call-in by the Secretary of State. 

The Growth and Infrastructure Bill was laid before Parliament on 18 October. 

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