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Supporting proportionate Local Plan consultation during lockdown

Turley has joined with Zack Simons of Landmark Chambers, and 21 leading home builders and land promoters, and the Land Promoters and Developers Federation to call on Government to adapt development plan consultation requirements to promote digital and virtual consultation during times of social distancing.

The development industry has a critical role to play in the country’s economic recovery following the COVID-19 crisis. While lockdown has impacted on the delivery of new homes, over recent weeks we have seen the development industry respond resolutely and proactively, with house builders returned to construction sites and the housing market active again. At this time we must therefore ensure all the ‘taps of supply’ are turned on to fuel this recovery.

Working with Zack Simons of Landmark Chambers, and with the support of a number of clients, including national and regional home builders and land promoters, we have therefore written to MHCLG recommending a change to the regulations so that development plan consultations can continue during the current crisis. The effect of the change is to temporarily waive the requirement to make a copy of the plan available in the local planning authority’s principal office.

A critical role of the planning system is to enable housing supply by allowing appropriate sites to come forward for development as part of a plan-led process. Local Plans are the cornerstone of our housing and employment land supply. Delivering this future supply in a timely way is more important than ever given the impact lockdown has already had on the supply of new homes.

Consultation is a key part of plan-making. The Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) require a copy of a proposed plan to be made available for physical inspection at the local planning authority’s principal office before the pre-submission version is published for consultation or submitted to the Secretary of State for examination.

Under lock-down, council offices have been closed. As a consequence it is not currently possible to consult lawfully on a pre-submission Local Plan. This critical aspect of the plan-making system has therefore ground to a halt.

Our own evidence indicates that across England at least 24 authorities are programmed to publish their plans for pre-submission consultation before the end of this year. After existing completions and commitments, these plans include allocations and policies to deliver a minimum 323,755 new homes.

Delay to the progression of these plans represents a significant risk to housing delivery in these districts, particularly in those authorities which include Green Belt, it will constrain their supply and ultimately the ability to maintain a demonstrable five year housing land supply.

Speaking about the recommendations set out in the letter, Director, Tom Armfield said:

“With numerous other ways available to ensure that communities are engaged in plan-making we are calling on Government to implement this pragmatic change to help future delivery of homes to meet pressing local needs. We are confident that such a change will prevent a significant blockage to the supply of new homes and employment development, enabling the development industry and our clients to play their part in kick starting the country’s economic recovery."

Please contact Dave Trimingham or Tom Armfield for further information.

1 June 2020