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English Planning System Reform Reaction
20 April 2022
Axing section 106 of the Planning Act 1990 a good move for property developers and lenders
UK Planning – axe section 106
On the news that Michael Gove is looking to axe section 106 of the Planning Act 1990 and to replace it with an infrastructure levy, Joe Jarvis, real estate finance solicitor at JMW Solicitors, says: “I think axing the s.106 could be a good thing for property developers and lenders. At the moment s.106s burden developers with obligations which need to be fulfilled by lenders and successors in title which, from a real estate finance perspective, means spending extra hours (and extra cost) on the legal side in reviewing and understanding the implications of a s.106.
“If the developer simply pays the local authority the new levy at the start, instead of fulfilling on-going obligations under the s.106, then this should free them up. However, I cannot see any proposals as to how the new levy will work and it remains to be seen how this will play-out in practice.”
10 June 2021
New UK Planning Bill Comment
Chorus of opposition grows against reckless changes to planning system, says CPRE
Thursday 10th of June – Commenting on the Housing, Communities and Local Government Committee report on the future of the UK planning system, Crispin Truman, chief executive of CPRE, the countryside charity, said:
‘It is no surprise the Committee of MPs is ‘unpersuaded’ by the government’s reckless and untested changes to the planning system. MPs, the public and civil society have been urging Ministers to radically rethink the proposals set out in the Planning White Paper, so that we can create the low carbon, well designed homes, green spaces and places of the future.
‘Following evidence from CPRE and many more besides, it’s hugely encouraging to see the Committee’s focus on protecting the right of local people to engage in all aspects of planning. Under the government’s current proposals, we could see democratic input halved and local people stripped of the right to have a say on individual developments. We agree that local authorities must also be granted the powers and backing of central government to get sites with planning permission built out far more quickly.
‘But there also needs to be a much better mix of new homes built in rural areas. The Committee’s call for affordable housing planning agreements to be kept could not be more timely. If these are lost, we fear the already paltry supply of much needed new social rented homes will dry up completely in many rural areas.
‘As the chorus of opposition continues to grow, we’re calling on the government to radically rethink its changes to the planning system. What we need is clear targets in planning for tackling the climate and nature emergencies and enhancing and protecting our countryside, rather than a narrow obsession with building more and more housing, regardless of whether that housing meets local needs. By encouraging local people to take part in planning, holding developers to account and driving up build out rates, we can begin to tackle the housing crisis head on.’
CPRE, the countryside charity
CPRE is the countryside charity that campaigns to promote, enhance and protect the countryside for everyone’s benefit, wherever they live. With a local CPRE in every county, we work with communities, businesses and government to find positive and lasting ways to help the countryside thrive – today and for generations to come. Founded in 1926, President: Emma Bridgewater, Patron: Her Majesty The Queen. www.cpre.org.uk
Comments for this English Planning System post on e-architect are welcome
The UK Government’s planning white paper proposes radical reform to the system – key elements summarised:
– Zoning
– Renewal
– Stripped back local plans
– Section 106 deleted
– Top down housing targets
– “Duty to co-operate” abandoned
– Protection
– New design code body
– More permitted development
– Digital planning
More than 40,000 people responded to the white paper consultation, giving officials a tough job to review and assess responses.
Comments on this English Planning System Reform Reaction article are welcome
Previously on e-architect:
12 May 2021
New UK Planning Bill
Calls for housing and landmarks for UK’s derelict land
59% say housing is an issue and undeveloped sites should be committed to modern, efficient housing communities and cultural landmarks.
Greg Malouf wants to fast track regeneration of undeveloped sites to tackle UK housing crisis
English Planning System
UK Housebuilding Policy
UK Architects welcome landmark ARCO Report
image courtesy of architects
New UK Housing for an ageing population
UK Housing Shortage
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UK Healthcare Estate Planning News
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