On Wednesday night, the Planning Bill received Royal Assent. This results in a number of important changes to the planning system in England and Wales. Most of the Act is now in force, with the exception of the Community Infrastructure Levy. The key implications are below.

Community Infrastructure Levy (CIL)
This will come into force following publication of regulations in Spring 2009 as a means to secure funding to infrastructure provision. The amount will be identified and calculated by Local Planning Authorities (LPAs) based on a formula pursuant to the characteristics of the development.

It will work alongside the current Section 106 planning obligations, which will continue to secure funding for site-specific impacts and set out the mechanism for non-financial and operational matters. However, it is voluntary for LPAs and there will be exemptions for 'de minimis' development and provision to offset the CIL if the applicant has already committed to infrastructure funding as part of a proposal.

The devil will be in the detail of the forthcoming regulations, but we are relieved to see that the clause linking the levy to increases in land value has been removed and we understand that viability considerations will be taken into account.

Appeals
An appellant will no longer have the right to choose the preferred appeal route, as it will now be determined by the Secretary of State. An appeal fee will also be introduced.

Both changes are unwelcome.

Changing a planning application
LPAs will be able to make 'non-material' changes to a planning permission, including: imposing new conditiIt remains to be seen whether this will be of benefit to developers.

It remains to be seen whether this will be of benefit to developers.

Local Development Frameworks
The 'issues and options' and 'preferred options' documents will be combined and other measures introduced to streamline the system.

Although this was the original rationale behind changing to an LDF system, it was not achieved in practice. If this achieves the aim of simplifying and accelerating the plan development process, then this is long overdue.

Amongst other things, the Act also proposes: a new Infrastructure Planning Commission to determine large infrastructure projects; and the power for LPAs to override easement to use land pursuant to the grant of planning consent.

The Bill proved controversial and it remains to be seen whether it achieves its aim of making the planning system simpler and fairer.  For further information and advice on how to add value to your assets, please contact either Guy Bransby in London (020 7399 5409), or Andy Frost in Manchester (0161 828 6406).