The Government has published its response to the Killian/Pretty Review. Many involved in the consultation on the KP Review were disappointed that the Government failed to respond in any depth at the time of the review’s launch. However, it was indicated that the consideration period would give the Government the time for a more thorough response with affirmative action. In the event, the response appears somewhat watered down, with the majority of activity centring on setting up ’sounding boards’, commissioning research and examining things in more detail – it seems that the response has largely been to decide to consult further on issues that have been consulted on almost to the death already.
In the Government’s own words they are putting forward an ‘ambitious but deliverable programme of measures’. Given the ‘ambition’ of the Government to ‘deliver’ 240,000 homes a year, this phrase may seem somewhat meaningless to some. Those looking for decisive action will be delighted to know that a special ‘programme office’ has been established within DCLG to look at how to take forward the issues.
On some issues activity has already commenced (reviewing accessibility with the PAS, developing guidance on development management). However, in many areas, it falls short of the recommendations. For example, although the document states that the Government is keen to ensure clear and unequivocal advice on how members should engage in the planning process, the KP Review recommendation that Central Government guidance/legislation is put in place to clarify the role of elected councillors in planning issues has been translated into the LGA being tasked with preparing guidance. This is something which has been done on more than one occasion and been largely ignored by local authorities who are unlikely to respond to anything unless specifically set out by DCLG itself. A second point on Planning Performance Agreements also falls short of the Government taking clear action instead passing the ball to the BPF which is charged with developing guidance – this will only have resonance if adopted and enforced by DCLG.
A series of consultations will take place in the summer of 2009 with a further update expected in the winter of 2009/2010. The consultations this summer include consulting on:
- Draft proposals to extend permitted development rights for businesses and public services – which will make it easier for them to make some small scale alterations or extensions to buildings
- A possible simplified process for some minor commercial development, such as new shop fronts
- Draft proposals to streamline information requirements for applicants
- Possible changes to give local authorities greater flexibility to determine how best to notify the public about planning applications
At the same time DCLG will also:
- Identify options for an improved approach to minor amendments to planning permissions
- Publish an action plan to develop new national policy on Development Management together with a staged programme to deliver simplified and consolidated secondary legislation
- Report on progress in developing proposals to take forward the other agreed recommendations, in particular in relation to changing the performance framework, engaging statutory consultees and improving the use and discharge of planning conditions, with consultation on the latter two issues in the Autumn of 2009.
DCLG is anticipating the introduction of extended permitted development rights in the spring of 2010 after further consultation. The extent of the examination of how best to notify the public about planning applications appears to extend to whether or not local newspapers are the best form of giving information.
In summary, although the Government appears to agree with much of the KP Review and although there is a lot in the document about ‘encouraging’, ‘facilitating’ and ‘improving’, the response itself commits the Government to delivering nothing – by the time anything seriously happens we are likely to be entering a general election period and the whole lot risks falling by the wayside.
We will keep you updated – or not as the case may be.
Written by Stephen Byfield