As the curtain falls on a dramatic parliamentary session dominated by the Murdochs and the hacking scandal, the House of Lords is sneaking off for the summer recess to enjoy the pleasures of our green and open spaces. But for how long? The localism bill, which is still being scrutinised by the Lords, awaits their return in September; this bill, in its current form, could blight the land over which they preside.
These are complex times for local authorities. Coupled with a major strain on finances, the localism legislation will impose changes on decision-making and raise the voice of local communities – it has obvious ramifications. But will it simplify the planning process and ensure that applications are clear and rigorously scrutinised? I fear not.
The localism bill, when passed, will take away some concrete planning requirements. The aim is to promote potentially bigger changes in the government's Plan for Growth, which has delivered the draft national planning policy framework (under consultation) and a presumption in favour of development. The default answer to whether permission should be granted is yes. This turns current thinking on its head.
What does this mean for the promise of more local decision-making? Firstly, local authorities will be required to develop new plans that assess local needs in terms of housing, employment and infrastructure in line with the new planning policy framework. Secondly, where planning policies are out of date or silent, granting permission in accordance with the framework should be the default position. And thirdly, local communities can prepare their own neighbourhood plans which will only be approved if they comply with the framework and the presumption in favour of sustainable development.
The need to review local plan documents – which take a long time to prepare – means that there is a clear risk of a policy vacuum. This will give a green light to planning applications by default and shrewd developers will no doubt take full advantage. Green spaces will therefore be under threat as they are usually in the most sought-after locations.
Looking at previous attempts to change local plans it is apparent that policy documents cannot be changed overnight. I anticipate that significant numbers of local authorities (60-95%) will not have local plans in place which conform with the framework when it is finally introduced, post-consultation. The change promoting development where local plan policies are out of date will encourage the shrewdest developers to take advantage in difficult times.
The old safety net of the need to comply with the development plan will effectively be lost. Developers could apply to build on green spaces and the local authorities and locals would be powerless to stop them. This unfortunately is the chain of events the localism bill will set in motion.
The Lords have the power to stop it and reign in the shortcomings so that our green and pleasant spaces are not left at the mercy of market forces. Will they use it?
Jay Das is a planning specialist for Wedlake Bell
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