New UK government; new approach to planning?

Changes to start the ball-rolling 

In her opening speech as Chancellor, Rachel Reeves set out a suite of planning measures, aimed at unlocking growth, whilst asserting that historically planning reform has become “a graveyard of economic ambition.” Key changes to “get Britian building again”, coming into effect almost immediately, are:

• Greater expectations around local plans: The new Secretary of State, Angela Rayner, will, we are told, write to all local planning authorities making it clear that there should be universal coverage of local plans. However, this has long been the intention, and it isn’t yet clear what sanction, if any, there will be if an LPA does not adopt an up to date local plan.

• Thinking differently about the greenbelt: Not only are all LPAs being told they must review greenbelt boundaries, they are told their local plans must prioritise brownfield and “grey belt” land. The grey belt has no formal definition, being the term used in the Labour manifesto to describe poor quality land within the greenbelt. Notwithstanding the aim to target these lower quality areas, this would be a dramatic shift in approach towards developing the greenbelt.  The concept of the grey belt will need careful control to ensure, for example, that landowners don’t leave their land to degrade with a view to being able to reap the benefits of grey belt categorisation.

• A change in approach in interventions: Rayner has indicated that when she intervenes in the planning system, a central consideration will be the benefit of the development in question, and whether the potential gain for regional and national economies warrant it. This a clear move towards economic growth outweighing other considerations. 

One important shift, likely to please many, is the move away from the primacy of housing as the focus of planning and growth. Whilst there is still a focus on housing, for example by way of a new task force to accelerate stalled housing sites, there is also significant attention given to infrastructure.  The fact that Rayner is said to have called in two data centres within days of taking office indicates an understanding of the importance that emerging uses, such as these, play in the economic vitality of the country. 

More to come

One announcement already widely anticipated, was confirmation that there will be a consultation on revisions to the National Planning Policy Framework by the end of the month. Given that the Framework drives the planning policy agenda for the country, this will give Rayner the opportunity to really make her mark.

The new government has already been very clear that the revision will restore mandatory housing targets. This will be seen by a positive move by many in the industry, especially in areas where housing delivery seems to be grinding to a halt. However, the approach to setting those targets has never been without its challenges, and it will be interesting to see how those are tackled. 

Wind of change for infrastructure projects

One change to take immediate effect is the removal of the de facto ban on onshore windfarms. Although it has always, theoretically, been possible to secure planning permission for onshore wind turbines, requirements in the NPPF introduced since 2015 have, in effect, meant that it was almost impossible to secure such consents. Although the previous government purported to address this via recent changes to the NPPF, in practice little changed.

The new government has already issued guidance making it clear that the footnotes that stifled onshore wind development no longer have effect, removing a significant barrier to the expansion of onshore wind projects.

Reeves also indicated an intention to consult on bringing onshore wind projects back within the Nationally Significant Infrastructure Project regime, meaning not only that it should, in theory, be quicker to secure relevant consents, but also that decisions on these often controversial schemes will be made centrally, not locally.

More generally, we are told to expect new policy intentions for infrastructure in the coming month, and updated National Policy Statements within the year. Labour plans to merge the National Infrastructure Commission and the Infrastructure and Projects Authority into the new National Infrastructure and Service Transformation Authority – a “new, powerful” body to “better support the delivery of major capital projects”. 

Back to the future – with DHCLG

And to cap it all off, it has now been announced  that the sceptre of levelling-up is truly being laid to rest, as the ministry reverts to its previous name – the Department of Housing, Communities and Local Government, dropping reference to Boris Johnson’s flagship policy.

It may, though, be harder to ignore the more enduring legacy, in the Levelling-up and Regeneration Act 2023. It remains to be seen which of the many provisions in that piece of legislation that are not yet fully in force will see the light of day. Whilst Labour has been open in its views on the proposed infrastructure levy, many will be waiting eagerly to see, for example, the fate of changes to the environmental assessment regime.

All in all, it’s been a busy few days for those of us in the planning world, and it seems that there is much, much more to come. However the promise of planning reform plays out, we at Hogan Lovells are ready to help ensure the smoothest possible journey for your projects.

Authored by Hannah Quarterman, David Wood, and Rosie Shields.