If you have been involved in the planning system for any length of time you will more than likely have experienced one or both of the following:
- An application that should have been straightforward but ended up being determined significantly beyond the target determination date.
- An application that hit all the right notes but was refused at a planning committee against an officer’s recommendation, thereby requiring a completely unnecessary appeal.
These situations cause uncertainty for developers and delay the construction and delivery of much needed homes. While delays are frustrating at any stage of the planning process, they are particularly problematic for housebuilders and Registered Providers at the reserved matters stage, when there are often a range of pressures which mean that a level of certainty, on when they will be able to commence construction, is essential.
These pressures include:
- Interest accruing after the purchase of a site, following the grant of outline planning permission.
- Maintaining a housing delivery pipeline sufficient to achieve the estimates provided to shareholders.
- Providing affordable elements to Registered Providers by the contractually agreed dates.
- Funding deadlines set by Homes England or other organisations.
The Nexus Reserved Matters team is fully cognisant of these pressures and, as their title suggests, are focused on helping housebuilders to secure reserved matters approval as expeditiously as possible.
In the context of the two scenarios described at the start of this piece, our recent experience is that this is caused by a combination of one or more of the following issues:
Committee Determination
If determination at a planning committee is required, there is no guarantee that an application will be approved despite a positive recommendation, particularly if the outline permission was secured via appeal and there is lingering resentment.
In the event of refusal, and the subsequent need for an appeal, there will undoubtedly be a significant impact on timescales. Furthermore, the requirement for committee determination, determined by local schemes of delegation, can often be triggered by a Town or Parish Council objection, sometimes relating to a planning issue which has already been addressed and accepted by the relevant ‘expert’ consultee.
Lack of Resource
Resourcing is an issue in planning departments which varies across the country. To provide a more efficient process and speed up decision-making, Planning Performance Agreements, PPAs, can be a useful tool, but tend to be costly and can vary in effectiveness.
Delays to Consultation Responses
As you will no doubt have experienced, consultation responses are not always provided within 21 days. Understandably, Planning Officers are often unwilling to determine an application without them, particularly in cases where the response is considered central to the acceptability of the proposal, such as ecology or highways.
This problem is sometimes the result of external consultees having their own resourcing issues.
What are the Government Proposing?
The Planning and Infrastructure Bill was introduced in the House of Commons on 11 March 2025 and, at the time of writing, has reached the Committee stage. It covers a number of planning topics and proposes a range of measures designed to facilitate a faster delivery of homes and give greater certainty to applicants.
One of the main measures proposed is a national scheme of delegation, with the idea to delegate most applications to officers and avoid unnecessary committee determination. Particularly where an application for planning permission or reserved matters approval complies with the development plan.
This would help avoid the need for ‘unnecessary’ committee determination for applications that are acceptable in principle and where, under the current system, a Town or Parish Council objection can easily trigger the requirement. This would provide more certainty for housebuilders as they will know from the outset that the application will not require committee determination, where a positive recommendation could be overturned.
Training for planning committee members is also proposed. From our experience, a common misunderstanding at reserved matters stage is that issues addressed through an outline application can be revisited. Training could therefore help members understand what issues to consider.
Separate to the Planning and Infrastructure Bill, the Government has also confirmed that specific reform is also planned in respect of statutory consultees, with a consultation expected this spring. The measures being considered include limiting the number of consultees, the introduction of a new performance framework and the provision of additional funding.
From our experience, funding, provided in the right way, could assist as resourcing tends to be the main issue for delayed responses. Providing case officers with greater flexibility, in terms of who they consult, could also be beneficial, as some consultees, consulted at reserved matters stage, do not always need to be if the issue has already been addressed at outline stage.
Overall, the Government is clearly giving this thought and there appears to be some hope on the horizon. The key challenges will be getting the measures in place and ensuring that there is sufficient funding to ensure that they have the desired impact.
Associate
