Planning New development in the United Kingdom is heavily regulated by the planning system, the overriding objective of which is to direct development to the most sustainable locations to the benefit of local communities, the economy and the environment. The planning system is plan-led, which means that there is a presumption in favour of the development plan (which is made by the local authority and contains policies relating to its area) when making planning decisions. However, regard is also had to national planning policy as published by the Government. Most new development requires a grant of planning permission, which is sought on application to the local authority. Planning applications should be determined within around 13 weeks but many take significantly longer than this. Subject to the size of the proposed development, the planning application may be decided either by officers employed by the local authority or by the authority’s planning committee; if refused, there is a right of appeal to an independent inspector who is appointed by the Government. In determining an application, officers and councillors consider the proposal’s consistency with both the development plan and national policy. Virtually all planning permissions are granted subject to conditions and/or legal agreements (known as planning obligations), which (amongst other things) regulate the manner in which the development is carried out and/or require contributions to be made to local infrastructure etc.
There is a separate policy and legislative framework for nationally significant infrastructure projects (NSIPs) such as power stations and major transport schemes. The process aims to streamline the decision- taking process for such schemes, and requires an applicant to conduct extensive consultation with key stakeholders before an application is submitted. To proceed, a NSIP requires a Development Consent Order (DCO) from the Government; if granted, it removes the need to obtain separate consents such as planning permission, and is intended to be a much quicker process. An application for a DCO is submitted to the National Infrastructure Planning Unit and would then usually take around 12 – 15 months to be determined. Such applications are subject to an examination in public (chaired by an examiner(s) appointed by the Government) which is intended to be more informal than a public inquiry. The NSIP regime has most recently been used to secure consent for the construction of Hinkley Point C Nuclear Power Station and the Thames Tideway Tunnel in London. Ian Ginbey Partner, London T: +44 (0)20 7876 4229 E: ian.ginbey@clydeco.com
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