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09/06/2010

Planning system in state of flux

Stuart AndrewsStuart Andrews, head of planning at international law firm Eversheds, comments on government plans to abolish regional planning strategies.

The new coalition government began the process of delivering its commitment to deconstruct the town planning system in England and Wales on the last day of their first month in office with a letter from Eric Pickles to local authorities, confirming the intended abolition of regional planning policy and the return of housing decisions to a local level.

The letter is a clear attempt to influence housing decisions in advance of any potential and necessary change in the law. The effect, however, is likely to be far more wide ranging.

The immediate impact is that a large number of local authorities have simply abandoned their plan making functions and are coming to terms with the prospect of large housing schemes being refused planning permission by members in reliance upon the 'Pickles letter' but in clear contradiction of the prevailing statutory framework. Meanwhile, we have seen Inspectors currently engaged in examining emerging policy documents issue open exasperated requests to the Planning Inspectorate for further guidance.

The wider and longer term impact of this letter is that the bed rock of the planning system for housing, employment, wind farms, waste managements etc, is now at best in a state of flux and at worst in free fall until the new system is introduced through a change of legislation.

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