Will the New Planning and Infrastructure Bill Transform Development?

The UK government is seeking to modernise its planning system with the introduction of the Planning and Infrastructure Bill. Aimed at delivering faster decisions and more sustainable outcomes, the Bill is currently progressing through parliament amid ongoing concerns about the effectiveness of the existing planning framework.

This new legislation proposes several key changes designed to streamline the planning process. Among the most significant updates are the introduction of Environmental Delivery Plans and a Nature Restoration Fund to facilitate development through strategic environmental investments. The Bill also includes a national delegation scheme, allowing more decisions to be made at the officer level. Additionally, local planning authorities will have the authority to set planning fees, with funds earmarked for reinvestment in planning services.

Several recent amendments aim to expedite development further. These include measures to accelerate critical infrastructure by streamlining reservoir approvals, placing limits on judicial reviews to reduce appeals, and extending the lifetimes of certain planning permissions. The inclusion of marine projects within the Nature Restoration Fund also marks a significant shift in focus.

Concerns About Stability and Implementation

Despite the optimism surrounding these reforms, there are growing concerns within the industry regarding the pace of change. Developers have recently navigated major alterations, such as those introduced by the Levelling Up and Regeneration Act 2023, which revamped the National Planning Policy Framework and mandated housing targets. Frequent changes, even when well-intentioned, risk creating an unpredictable environment that may hinder rather than enhance development.

A standout proposal within the Bill is the introduction of a “principle of proportionality” in planning. This amendment, championed by Lord Banner, Baroness Scott of Bybrook, and Lord Jamieson, seeks to align the information required for planning applications with the scale of the project. Essentially, it suggests that the demands for evidence should be proportionate, potentially alleviating the need for lengthy and complex documentation often produced to defend against challenges.

The shift toward this principle could lead to significant changes in how planning applications are approached. Currently, a defensive strategy prevails, increasing costs and delaying processes. For the principle of proportionality to be effective, regulations must provide clear guidance on what constitutes adequate information, thus avoiding unnecessarily elaborate submissions.

Practical Solutions Needed

Legislation alone will not address the inefficiencies deeply rooted in the planning system. Practical changes are equally necessary. For example, while some local planning authorities allow electronic execution of Section 106 agreements, this practice is not yet widespread. In complex projects involving multiple stakeholders, especially those based outside the UK, reliance on physical signatures can lead to significant delays, sometimes extending to months.

A targeted government investment aimed at promoting the digital execution of Section 106 agreements could alleviate these delays and accelerate development. The Planning and Infrastructure Bill represents a bold attempt by the government to streamline planning and foster development. However, after a series of rapid reforms, many within the industry believe that stability is now paramount. Allowing recent changes to integrate into local development plans will enable developers to adapt effectively.

If executed properly, particularly with the adoption of the principle of proportionality, these reforms could reduce complexity and enhance delivery. Conversely, sustained rapid changes could create a volatile landscape, ultimately stifling progress rather than facilitating it. As the Bill moves through parliament, its impact will be closely monitored by industry leaders like James Clark, partner at Foot Anstey, and other stakeholders invested in the future of UK development.