Award Delivery, Not Planning Permissions

The announcement by think tank Civitas that developers are to blame for not turning a sufficient number of planning consents into bricks and mortar is both depressing and predictable, as much for the inability of the development industry to rid these misnomers as the article itself.

No one would doubt that local authorities are stretched, and that many departments are performing superbly against a backdrop of budget cuts.  We know this at first hand, and if I’m bribed enough, I’ll put their names up in lights so that they can get due recognition.

However, the fact of the matter is that we have a system that awards planning permissions and not delivery.  Authorities are judged on their performance in determining quantity, and not quality of permissions, so those household applications for new loft conversions don’t half polish up the performance figures. But more pertinently, once applications have been through the prescribed application cycle, officers are obliged to prioritise the next batch in the system, rather than see projects through to completion. So the myriad of pre-commencement conditions takes an age to discharge, not least because of the docile mindset of statutory consultees that shotgun the system.

Legal agreements, particularly relating to highway issues, gather dust during the drafting stage. I know from current experience of an application granted 18 months ago that is still stuck in the purgatory of pre-commencement. Our client is going puce with rage – and ironically, they get the blame for non-performance. There is literally nothing more that they can do within the confines of the system.

However, I do take heart from the publication this week of the Neighbourhood Planning and Infrastructure Bill, which is the Government’s acknowledgment of the need to curb the relentless tide of pre-commencement conditions, which in part, is the bi-product of one of my ever-bashful colleague’s engagement with Treasury and CLG officials during the course of last year. Jamie Sullivan, one of Iceni’s associates, undertook a secondment to HM Treasury, and ambushed them with a number of ideas that we had – influenced by consultation with our clients – to rid some of the gremlins in the system that well-meaning think tanks don’t write reports on. Pre-commencement was just one of them. Look out for the other 426 in due course.

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