Bill would broaden fast-track plan system

[Paul Mobbs]

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http://www.planningresource.co.uk/news/1157441/Bill%2Dbroaden%2Dfast%2Dtrack%2Dplan%2Dsystem/

Bill would broaden fast-track plan system

Science parks, big chemical works and research and development facilities 
are among the business and commercial developments set to be added to the 
fast-track planning regime for major infrastructure, the planning minister 
has revealed.

John Geoghegan, Planning,  Friday 2nd November 2012


Speaking during a session of the Commons communities and local government 
select committee last month, Nick Boles said that storage and distribution 
centres, minerals extraction and major industrial developments would also 
be categorised as major infrastructure under the proposals.

Under the plans, developers planning major business and commercial 
developments would be able to choose the fast-track route by submitting 
applications directly to the Planning Inspectorate (PINS) rather than to 
councils.

The regime, introduced in the Planning Act 2008, currently provides a 
streamlined, year-long planning process, in which nationally important 
infrastructure projects, such as major road schemes, new railway lines and 
large waste and energy developments, are examined by PINS but determined by 
the relevant secretary of state.

The Growth and Infrastructure Bill, published last month, does not define 
which types of business and commercial developments would be brought into 
the major infrastructure regime. But according to a Department for 
Communities and Local Government (DCLG) briefing note, such schemes would 
include "economically essential development, like manufacturing parks or 
big leisure parks", which would be decided "within 12 months".

The note also says that existing requirements for developers to consult 
communities will be kept.

Boles told the committee that the DCLG was "talking to other departments 
about exactly what should go in and how those criteria should be defined".

He also said that there would not be a national policy statement on the 
issue, as is normally drawn up for types of major infrastructure, but he 
promised "there will be a clear set of criteria about which commercial 
developments will be counted as major infrastructure".

Boles added that major residential schemes would not be added to the major 
infrastructure regime, but said that communities secretary Eric Pickles may 
instead call in such applications "more often".

A Number 10 press release in September had said that major residential 
applications - as well as big commercial ones - would be added to the fast-
track process.

Angus Walker, partner at law firm Bircham Dyson Bell, said the move to bring 
businesses and commercial projects within the Planning Act 2008 regime was 
"an endorsement" by the government of the major infrastructure process.

He said: "I think that the main advantage is time, as this is more or less 
fixed, but in some cases of protracted appeals and litigation it could save 
money as well."

However, Nigel Hewitson, London head of planning at law firm Norton Rose, 
questioned whether the move would produce quicker decisions.

He said that the major infrastructure process involves a "lengthy" pre-
application consultation exercise that can "take months if not a year" 
before the application is even submitted.

Hewitson said: "In my experience, that's putting off some applicants. I'm 
not sure developers will thank the government for this. Their perception 
may be that they are better off going through the local authority process."

Walker said the pre-application process was "fairly onerous" but pointed 
out the minimum timescale for this was only 28 days.

Claire Dutch, partner at law firm Hogan Lovells, said the proposal would 
"provide a quicker and simpler way of getting these projects through the 
planning system".

However, she questioned why large mixed-use developments involving housing 
would not benefit from the change because such projects were "exactly what 
the economy needs".
- -- 

.

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