News
Wales planning news, April 2020
16 Apr 2020
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Headline news |
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Housing delivery: replacement of five-year housing land supply policy
On the 26 March Julie James AM, Minister for Housing and Local Government, announced significant changes to national planning policy on housing delivery. To reflect the Welsh Government’s commitment to a plan-led approach, Planning Policy Wales (PPW) has been updated to the effect that the monitoring of housing delivery will now be based upon the housing trajectory set out in the adopted Local Development Plan instead of the five-year housing land supply. Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies has been revoked with immediate effect. Edition 3 of the Development Plans Manual has been published and provides guidance on the process of monitoring housing delivery.
Welsh Government, letter to Heads of Planning from Julie James AM
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Quote of the month |
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Finally, my thanks to you all for keeping planning services going at this difficult time. It is vital that planning services play a full part in responding to the current health emergency and making preparations for recovery. Above all else keep well and look after your families and colleagues
Neil Hemington Chief Planning Officer |
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Coronavirus (COVID-19) planning service guidance
The Chief Planner of Wales, Neil Hemington, has sent a letter to Heads of Planning in which the Welsh Government’s response to the Coronavirus outbreak was outlined. The letter is organised into a number of sub headings which detail how the planning system will be expected to function including: pre-application consultation on major developments, validation of applications, publicity and site visits, planning committee meetings, the timescale for determination of applications, appeals, enforcement, developments of national significance, the call-in of applications for determination by the Welsh Ministers, the National Development Framework, and, the Design Commission for Wales.
Temporary changes to legislation will be needed in some cases and the Welsh Government has committed to exploring this in terms of pre-application consultation.
Local planning authorities are urged to prioritise applications that are directly related to responding to COVID-19.
Welsh Government, letter to Heads of Planning from the Chief Planner
New regulations came into force on 30 March that allow the temporary development by a local authority on land owned, leased, occupied or maintained by it for the purpose of preventing or responding to an emergency, subject to conditions.
On 10 April, further regulations came into force to allow for the temporary building and changes of use for public health emergency purposes as permitted development by or on behalf of an NHS body.
The new regulations allow the change of the use of a building or land falling within Class C2 (Residential Institutions) or Class D1 (Non-residential institutions) for development for the purpose of preventing controlling or mitigation the effects of, or taking other action in connection with a public health emergency in the United Kingdom. The regulations also allow the provision on land of buildings, moveable structures, works, plant or machinery for the same purpose. A number of conditions and exclusions are set out in the legislation.
The Town and Country Planning (General Permitted Development) (Amendment)(Wales) Order 2020The Town and Country Planning (General Permitted Development) (Amendment)(No.2)(Wales) Order 2020
Local Development Plan preparation at present
The Chief Planner for Wales wrote to Chief Planning Officers on 18 March with guidance on the impacts of COVID-19 upon local development plan (LDP) preparation. The letter identifies the key issues expected to arise including a reduction in capacity of the LDP teams, the ability of LDP teams to meet the deadlines set out in the approved delivery agreements and the ability to consult in a way that is consistent with the community involvement schemes in place.
Revisions to delivery agreements may be needed for some authorities, particularly where imminent consultations were due to be carried out. Where authorities are in a position to submit their emerging LDPs, the Welsh Government encourages them to do so. The letter provides commentary by authority.
In related news, on 1 April, members the Welsh Assembly met via video conference for the first time.
Welsh Government, Coronavirus: Local Development Plan (LDP) preparation
COVID-19 - Keeping the planning cogs turning
Helen Ashby-Ridgway, Associate Director at Lichfields and based in the Cardiff office has written a blog regarding the importance of keeping the planning system operational during the coronavirus pandemic. The blog also discusses the importance of the planning system post coronavirus in terms of supporting the economy and the development industry as a whole.
Lichfields Planning Matters, Keeping the planning cogs turning
Changes to the Welsh planning system and thinking ahead to support recovery
Stephanie Irvine, Senior Planner, and Hasnain Ikram, Planner, at Lichfields have explored what the changes to national planning policy and the monitoring of housing delivery are likely to mean for Wales, particularly in the context of the COVID-19 crisis.
Changes to the Welsh planning system and thinking ahead to support recovery
Written Statement: A technical assessment of the potential for a local land value tax in Wales
On the 18 March Rebecca Evans AM, Minister for Finance and Trefnydd, issued a written statement in parallel to Bangor University’s publication of a report exploring whether local taxes could change from being based on both land and property value to only the value of land. The Welsh Government states that it is seeking to understand how taxes can be raised for local services in the fairest possible way along. A key finding of the research is the challenge of estimating non-domestic land values. The Minister confirmed that further work is needed.
Welsh Government, Written Statement by Rebecca Evans AM, Minister for Finance and Trefnydd
Active Travel Guidance
The Welsh Government has opened a consultation on active travel guidance. The aim of the guidance is to improve collaboration between planner and designers to deliver an environment more suitable for active travel. The Welsh Government aims to increase the number of journeys which are car free and the new guidance aims to further this ambition. The guidance will combine existing documents Active Travel delivery and planning guidance and Active Travel design guidance. Changes in regulations will also be reflected in the new guidance as well as examples of best practice. The consultation closes on the 8th May.
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The Lichfields perspective |
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The Welsh Government has worked quickly to provide guidance to local planning authorities on plan-making and development management responsibilities as well as putting in place new permitted development rights to help authorities respond to the Covid-19 emergency. We are now keen for the Welsh Government to pass temporary legislation to allow pre-application consultation to take place to prevent the stalling of the submission of planning applications for major developments.
Helen Ashby-Ridgway, Associate Director |
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Disclaimer: This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116