Planning (Appeals) Bill
Official Summary
A Bill to limit the grounds of appeal against decisions on planning applications consistent with a neighbourhood development plan or local plan; and for connected purposes
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Overview
This bill aims to restrict the grounds for appealing planning decisions in England that align with existing neighbourhood development plans or local plans. The goal is to streamline the planning process and reduce delays caused by appeals.
Description
The Planning (Appeals) Bill amends the Town and Country Planning Act 1990. It introduces a new section (106D) that limits appeals against planning decisions. Appeals will be restricted if the decision is consistent with a neighbourhood development plan or a local plan and meets other conditions set by the Secretary of State. The bill specifies which types of planning decisions this restriction applies to, including appeals against refusals of planning permission, enforcement notices, and failures to make decisions. The Secretary of State will define how local planning authorities determine and confirm whether a decision aligns with a plan through regulations. The bill defines "neighbourhood development plan" and "local plan" according to existing legislation. The bill applies only to England and Wales and its commencement date will be set by the Secretary of State.
Government Spending
The bill is not expected to directly increase or decrease government spending. Any potential cost savings would be indirect, resulting from a potentially more efficient planning process and reduced appeals. No specific figures have been provided.
Groups Affected
- Applicants for planning permission: May face more limited options for appealing refusals if the decision is consistent with local or neighbourhood plans. This could potentially lead to quicker decisions and less potential for delays in project timelines, however it could also lead to a greater burden if appeals are rejected.
- Local planning authorities: Will have a clearer process for determining the consistency of decisions with plans, potentially reducing administrative burden from frivolous appeals. However it could also increase workloads in ensuring conformity of their decisions with the plans.
- Residents and community groups: May have fewer avenues for appealing planning decisions, which could potentially reduce their influence over local development, however it could speed up approval processes and allow for more focus on sustainable and locally desired developments.
- Developers: May experience faster approvals if their plans align with existing plans but also less room for appeals on planning decisions which they disagree with.
- The Secretary of State: Will have the power to define conditions and processes relating to appeals under the new section, impacting future planning processes.
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