The government’s planning committee initiative is unlikely to have a big impact, because developments can nearly always be seen as against local development plans.
That’s according to Chris May, planning law partner at national law firm Freeths.
The Labour government said it wants development projects to bypass planning committees when they comply with local plans.
May responded: “Unfortunately, and whilst clearly the detail is awaited, I’m not sure the planning committee initiative will have any practical impact in the short term. This is because it is pretty much always the case that a development could be argued to be contrary to local development plan policy.
“Take the issue of design; in practice, there is such a wide range of legitimate and reasonable views as to the quality of design of a scheme.
“If there is any concern at all, I suspect that officers will simply take it to Committee.
“It is the same for many aspects of the exercise of professional judgement and, given the potential likely scrutiny – was it lawful to determine under delegated powers? – and criticism – from councillors and objectors – which will no doubt be forthcoming for officers who attempt to determine applications under delegated powers, I simply cannot see this happening; the safest and simplest option will be to report to Committee.”
May was more positive about training councillors who sit on planning committees, though he still worried that increased expertise could give committee members more reasons to refuse an application.
Meanwhile he praised the move to streamline committees for strategic development, which he felt could end up making a positive difference. He went on to say that more detail is needed on how this will work before going overboard however.
May criticised Conservative administrations for harbouring a culture of Nimbyism owing to a focus on “unconstrained localism”, as he signalled that he is pleased the new government is taking steps to alter the planning system, even if the plans are currently flawed.
