Planning matters

Since it was formed in 2012, the London Legacy Development Corporation (LLDC) has sought to deliver new homes and economic development and regeneration across the Olympic Park, as a legacy of the London Olympics 2012. But the LLDC was always to have a time-limited role.

Many of the transitional arrangements for the handover of planning powers back to the Boroughs have now been planned and published, following consultation in the last year or so with various Working Groups and Developer Forums.

Lichfields has worked extensively in the LLDC during its planning era. This blog provides a short guide to what the transitional arrangements entail and the impact this will have on applications at different stages of the planning process, the timings for their implementation and how Lichfields can help if you have a project in the pipeline here…

On 1st December 2024, the LLDC’s planning powers will be transferred back to the four London Boroughs to which parts of the LLDC's jurisdiction belong – the London Boroughs of Hackney, Newham, Tower Hamlets and Waltham Forest. Legally, a Statutory Transfer Scheme will ensure the transfer of planning records, data, legal agreements and unallocated CIL/S106 funds, from the Mayor of London to each Borough, and secondary legislation will be approved by Parliament to confirm the legal basis of the return of planning powers.

In summary, the transitional arrangements for the planning functions are as follows:

1. Staff: A small number of LLDC staff will remain, to manage the transition until 31st March 2025. All others will cease work on 30th November and there will be no direct transfer of officers or other staff to the boroughs.

 

2. Local Plan and Planning Policy: The LLDC Local Plan will still form the local limb of the statutory development plan effective in each constituent borough, until the borough adopts a new Local Plan including the areas previously under LLDC's jurisdiction. LB Newham and LB Tower Hamlets are already progressing new Local Plans therefore it is likely LLDC policy will be withdrawn in those area more quickly. The Conservation Areas within the LLDC area (Three Mills, Fish Island & White Post Lane, and Hackney Wick) will also be reviewed, with the responsibility for updated appraisals and guidelines passed to Newham, Tower Hamlets and Hackney respectively. Lichfields is continuously monitoring what policy will remain in place and what might change in the context of different local priorities, so that we continue to advise effectively on all new proposed developments in the respective LLDC areas. 

 

3. Interim scheme of delegation: An ‘interim scheme of delegation’ will come into effect from 1st September, after which new applications will be determined by the Boroughs. From 30th August 2024, the LLDC’s presence on the Planning Portal will be amended and the option to apply to the LLDC removed. Applicants are not required to do anything different and applications will be automatically routed to the relevant Borough.

  

4. Pre-application meetings: Lichfields understands that pre-application engagement with the LLDC will carry on through August and September, though with gradually more involvement from the Boroughs. From 1st September, pre-application meetings will be led by Boroughs under the interim scheme of delegation. Lichfields has experience of the pre-application process in all of the relevant Boroughs, which we will continue to utilise as projects are handed over.

5. Quality Review Panels, Community Review Panels: The last QRP and CRP meetings will be held by September, with some possibly running into October, where necessary, depending on any outstanding requirements.

6. Built Environment Accessibility Panels: The last BEAP panels will take place in September (potentially October if required). Tower Hamlets will retain the BEAP for 12 months for new projects in LBTH on a trial basis. Other Boroughs have not confirmed whether this will be retained.

7. Planning Decisions Committee: The last LLDC Planning Decisions Committee will be held on 24th September and may start earlier than its usual 6pm start time, depending on the number of outstanding agenda items left to be considered. There will be contingency arrangements for a further meeting in October, in case any items are deferred.

8. Execution of Section 106 Agreements: The LLDC is working to ensure all S106 Agreements are signed before 11:59pm, 30th November 2024. If this date is missed Boroughs will be responsible for signing them. In theory, there is a risk that the Boroughs could overturn a resolution to grant, however Lichfields understands that the intention is for close alignment between officers during decision making in the last few months, to ensure this outcome is highly unlikely.

9. Appeals: Given appeal timelines, LLDC decisions may be the subject of appeals lodged after its planning powers have ceased. Where this is the case, the LLDC will work with the Borough to share details and the reasons for refusal; however, it will be for Local Boroughs to defend decision at appeal. While the aim is always to achieve a local decision, appeals can sometimes be unavoidable. Lichfields has a strong track record of appeal successes; we look forward to further details as to how the appeals process will unfold and to advising on appeal strategies where necessary.

10. CIL/Section 106 contributions: S106 contributions will start being directed to the Boroughs to allow them to focus on their priorities. CIL payments will be charged at the current LLDC charging schedule rates, until Borough charging schedules are adopted; however the money collected will be directed to the Boroughs. Unallocated monies will be passed on to the Boroughs proportionally.

 

The LLDC will maintain its status as a Development Corporation and functional body of the GLA, but with a much-reduced role focused on inclusive economy projects, development and Park operations/venue management (non-planning related).

It will also cover a reduced area comprising the Queen Elizabeth Olympic Park only. Hackney Wick, Bromley by Bow, East Village, Stratford Station, Westfield Stratford City, Stratford Cross (formerly International Quarter London) and land owned by the Lee Valley Regional Park Authority will all be removed from the LLDC area. The new boundary does not include any part of Waltham Forest and therefore it will cease to have a representative at the LLDC.

An amended governance structure will be brought into effect to reflect the downsizing of the Development Corporation and the stepping down of key figures including the Chief Executive (Lyn Garner) and Chair (Lord Peter Hendy). 

Given the uniqueness of this situation, agents, applicants and officers will need to work collaboratively to ensure the handover goes as smoothly as possible and mitigate any issues. There are also new opportunities associated with the reversion of planning powers back to the Boroughs and Lichfields is well-placed to advise on projects which are navigating a very interesting time for planning in this corner of east London.

 

We can advise on how the transitional arrangements will work in practice, what LLDC policy will be applied by the Boroughs and what policy might change, mapping out changes to the pre-application and review processes in the programming of projects, and examining the potential for new development in the context of changing local political priorities (as well as anticipated national policy changes and planning reform at varying levels – but that’s another blog or ten!).

 

The final three months of the LLDC’s working arrangements and priorities are to be finalised shortly, to reflect the outstanding major applications by September 2024. Lichfields continue to monitor announcements and we look forward furthering our extensive experience in Hackney, Newham, Tower Hamlets and Waltham Forest, whilst also seeing what the future holds for the LLDC as approved schemes are brought forward.