Localism Act – Now the hard work begins

So the Localism Bill is now law. Developers will need to be fully acquainted with the new process, and what it means for them to ensure a smooth passage of their proposals for any new development.

On further scrutiny of the detail, the government is making a strong signal that decisions for local planning should rest locally and passage should be related to local sentiment, unless there is an issue of national policy at stake which can then be referred to the Secretary of State.

Local planning authorities will prepare development plans, through consultation with local communities, which set the broad framework for acceptable development in their area.

The finer detail of what is ‘acceptable’ and the need to consult locally for any ‘large scale’ developments is still unfolding, with further supporting regulation to follow.

Of course, any developer who commits to consultation and engagement with the local community will benefit from the open communications process, which is to be encouraged, and the transparency that brings for all concerned. Being clear about how to follow this process will be key.

What cannot be prescriptive is the relevant type of consultation and engagement. At Freshfield, we tailor any specific programme of activity according to need. One size does not fit all.

It may be that an online programme of engagement works for one case but, for another, more direct communication with a local community is more appropriate and effective. The solution may be a combination of simply talking to people at events, combined with online communications.

Where there is relevant engagement, the new neighbourhood community planning bodies will be able to approve plans without the otherwise time-consuming passage through local planning processes, with benefits all round for the developer and the community in terms of time and resource.

In case we are all in any doubt about the increasing relevance of the localism issue, it is worth noting a proposal recently turned down because of the scale and type of opposition presented by a local community group.

Trafford councillors voted against a recommendation to grant planning permission for Peel Energy’s proposed 20MW Barton Renewable Energy Plant in Davyhulme – a significant development creating hundreds of jobs and supplying power to 37,000 homes.

However, it still failed against the opposition of more than 5,000 local residents who signed a petition against it, citing issues of air quality and health and overturning an original proposal to approve the plan by local councillors.

Watch this space, if you are a developer especially. Now the work begins.