Relief – and disappointment – at Localism Bill

As expected, the Localism and Decentralisation Bill proposes the abolition of the regional tier of the planning system, including housing targets, and new powers for neighbourhoods to decide the future development of their area.

Communities secretary Eric Pickles described the Bill as starting a “new era of people power”. However, the Tory party’s pre-election pledges to give “third-party rights of appeal” to people living near planned developments, and to limit the rights of developers to appeal refusals, do not appear.

It is a huge relief not see third party rights of appeal or curtailing of the general rights of appeal

Claire Fallows, Hogan Lovells

The Bill also failed to include the widely trailed “presumption in favour of sustainable development”, which had been promoted by ministers as a way to counter nimbyism.
The planning reforms outlined in the Bill are just part of an enormous 400-page document.

Its other provisions include the handing over of some government powers to local authorities and elected mayors, and a shake-up of social housing allocation.

Claire Fallows, of counsel at law firm Hogan Lovells, said the industry was “keeping its fingers crossed” that the omission of planning appeal reform was not just temporary.
“It is a huge relief not to see the inclusion of third party rights of appeal or the curtailing of the general right of appeal,” she said.

“Third party rights of appeal would have been an unwelcome addition to the armoury of those determined to frustrate acceptable development by fighting to the last.”

The development sector also welcomed the proposed relaxation of rules that prevent councillors discussing plans with developers before planning decisions are made.
However Andrew Whitaker, director of planning at the Home Builders’ Federation, was concerned about some of the omissions.

He said: “There’s no presumption in favour of development - that should be in there to help balance the abolition of targets. We’re also concerned that some things - like not being able to appeal a retrospective planning application - have come in after no discussion whatsoever.”