Most governments make changes to the planning system – and the current government is really going for it. So what changes are afoot?

1. Levelling Up and Regeneration Act

First and foremost, on 26^th October 2023, the Levelling Up and Regeneration Act (LURA) received Royal Assent, the final stage of the process to becoming law.

What’s it about? Well, its purpose is to “drive local growth, empowering local leaders to regenerate their areas, and ensuring everyone can share in the UK’s success”.

And one of its four main objectives is to create a planning system which delivers “more beautiful and greener homes, with the associated infrastructure and democratic support that neighbourhoods want and deserve”. That’s the government’s spin, anyhow.

Essentially, we’re talking about some significant reforms. Not all of which will be introduced straight away (some will require secondary legislation).

Just to highlight a few of the changes…

• There will be a streamlined plan-making system, so when local planning authorities prepare their new local plans, it should be a quicker process.
• New National Development Management Policies will be introduced and will take precedence over local policies when planning applications are decided – which sounds like the opposite of the localism agenda being pushed c. ten years ago.
• And there will be changes to planning enforcement, including giving local planning authorities ten years to take enforcement action – whereas currently it’s possible to apply for a certificate of lawfulness within four years for certain breaches of planning. (The four year rule will live on in Wales).

For a fuller summary, see: Lichfields: Levelling Up Act gains Royal Assent

2. Planning application fee increase

In addition to LURA, the government has amended the regulations related to planning application fees. These will increase on 6^th December 2023. Sooner than expected, as this was penciled in for next year. The fees for applications for major development will increase by 35%, the fees for all other applications by 25%.

For more on this, see: this letter from the government to chief planning officers (PDF)

3. Biodiversity Net Gain

And finally, there’s Biodiversity Net Gain. This is a major change to the planning system unto itself. Hopefully with benefits for biodiversity and the state of nature, but with implications for planning applicants and developers. It’s due to be phased in from early 2024.

For more about BNG, check out the government’s webpage: Biodiversity Net Gain

Or the Planning Advisory Service’s BNG FAQ’s

Final thoughts

To wrap up this blogpost (the last for 2023), big changes are coming to the English planning system. For anyone intending to submit a planning application, it is recommended to apply early and allow sufficient time for it to get through the process.

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