Changes to Planning Application Procedures Due this Month

The Department for Communities and Local Government (DCLG) is issuing new rules to reduce the number of applications that require a design and access statement and to remove the requirement for councils to provide a summary of reasons for approval on decision notices.

These changes to the Development Management Procedure Order will come into force on the 25^th June.

Design and Access Statements

Certain applications for planning permission must be accompanied by a design and access statement, as well as specifying the content which must be included within such statements. The effect of the amendment is to reduce the number of types of applications which must be accompanied by a design and access statement, and to simplify their required content. Under the amended article 8, a design and access statement is now only required with applications for major development (subject to certain exceptions). A design and access statement is also required for certain applications for development (which are not major development) in a conservation area or a World Heritage Site.

The DCLG said: "Reducing the number of applications that require a design and access statement would remove statutory burdens on applicants, but it is not considered that this would be at the expense of good design and accessibility."

In conservation areas and World Heritage sites there would be lower thresholds for applications  and a design and access statement will be required with planning applications for the provision of "one or more dwelling; or a building or buildings where the floorspace created by the development is 100 square metres or more”.

Appeals against requests for Unnecessary Evidence

The effect of the amendments will be to provide a right of appeal for non-determination of applications in circumstances where an applicant considers that a local authority is requiring particulars or evidence that do not meet the requirements set out in article 29(4)(bb). In such cases, article 10A provides that the applicant may send the local planning authority a notice. Where an applicant sends such a notice and the authority do not waive the information requirement the application is then described as a ‘non-validated application’. 

On receipt of an article 10A notice a local planning authority could accept the notice and determine the application. Alternatively a local planning authority could reject the article 10A notice. However, this Order amends article 29 to provide that the local planning authority are required to determine a non-validated application within the time periods set out. If a local planning authority fails to determine a non-validated application within the relevant time then an applicant may proceed to appeal on grounds of non-determination under section 78 of the 1990 Act. 

Changes to Decision Notices

Where a local planning authority determines an application for planning permission, they must issue a written notice of decision and set out the content of such notice. The effect of the amendment is to remove the requirement to include both a summary of reasons for the grant of permission and a summary of the policies and proposals in the development plan which are relevant to the decision to grant permission. There are transitional provisions for applications submitted before the coming into force of this Order.

The full Amendment Order can be viewed HERE