The measure is a positive response by the government to the economic down turn which has affected the construction industry considerably, and the projected yearly saving of £23m will undoubtedly help, writes Paul Middleton. Mr Healey also confirmed that fees for planning appeals will not be introduced this year to avoid placing any further burdens on businesses. This will encourage businesses and individuals to pursue refused applications which may have been abandoned had a fee been requested to test the original Local Authority decision –

John Healy said, “At a time when investing in new development is difficult and when access to funding is hard, it would be wrong to increase the cost for developers who will help drive economic recovery.   That’s why I’ve decided to freeze planning fees and put appeal fees on ice”.

Prior to the announcement on planning fees the government had introduced a number of other measures that were aimed at streamlining the planning system and cutting red tape! Some have been more successful than others and the measures of interest are summarised as follows:

1.)     Introduction of a more flexible approach when replacing existing planning permissions before they expire. This can now be done on a new planning application form which in most cases dispenses with the need for re-submitting the entire details of the application i.e. plans, reports, etc, which has definitely helped on large residential developments.

2.)     Cutting the amount of information required for planning applications. The required copies of supporting information has fallen from 5 to 3 on applications which is a blessing, although the Planning Application forms are now much longer and requests for additional supporting information seems to be increasing, so any savings previously gained have I feel been swallowed up.

3.)     The appeals system on a house holder application is now to be decided within 8 weeks via the Householder Appeals Service. This will undoubteably encourage more people to try and overturn refusals, especially if they can see a set determination date, and for this year at least no application fee is payable.

4.)     A directive has been issued to Local Authorities that encourages pre-application discussions between officers and developers, which is aimed at addressing issues on site suitability, design, density etc. etc. and they further advise that any prospective approval shall have the number of conditions attached reduced. Concerning pre-application advice most Local Authorities have tried to deliver this but officers have in the main been thwarted by pressures to deal with current applications, so they are dammed if they do and dammed if they don’t! The measure for reducing the number of conditions on an approval will undoubtedly require greater information on the plans/reports so this cost will have to be passed on to the applicant, the proposal is due this year so we will have to wait and see, what the effects are and how planning officers interpret the ruling.

With regard to pre-application advice I could see a fee being attached to this, just like we now have for discharging planning conditions.

5.)     A proposal has been put forward that will see homeowners, developers and businesses allowed to install their own on-site wind turbines and air source heat pumps. This will have restrictions and limitations and the onus will most definitely be being placed on the Local Authority to interpret the Government Legislation as they see fit. A prime example of this was the Government Statement that had householders clambering to build rear extensions, and leaving Local Authorities to pick up the pieces and explain to customers that it was not as clear cut as they had been led to believe.

6.)     The maximum fee for certain applications involving habitat creation or farm diversification schemes such as the creation of fishing lakes will now be capped at £1690.

Any saving on planning fees will be welcomed and farm developments do seem to have been an easy target for many years.

There are and have been many changes to the Planning system, in the way it is delivered, Local Authority systems, forms, fees, on line applications etc. etc. and it is now more than ever a case of taking advise early. The gaining of planning consent for a project will not get easier in terms of forms, reports, detailed plans, discharging of conditions (pre-commencement!!) etc. etc. The advent of computer technology and on-line application access makes if essential that it is done right, because any shortcomings will be quickly highlighted!! causing delays, application withdrawals or even refusal.