Government plans to slash the statutory pre-consultation period for major projects have drawn a cautious welcome from industry with warnings it will not be a “golden bullet”.
The Ministry of Housing, Communities and Local Government said the latest reforms to the Planning and Infrastructure Bill would allow key infrastructure to be delivered at least a year earlier, as well as saving over £1bn for industry and taxpayers.
The proposals include amendments to cut the average two-year statutory pre-consultation period by half, with new statutory guidance promised to promote “meaningful local engagement” and to scrap “tick boxing exercises”.
“Rather than providing a means by which engagement drives better outcomes, statutory pre-application procedures have become a tick-box exercise that encourages risk aversion and gold-plating. The result is consultation fatigue and confusion for communities,” Minister for housing and planning Matthew Pennycook said.
“This change could reduce the typical time spent in pre-application by up to 12 months, speeding up the delivery of major economic infrastructure – including our electricity networks and clean energy sources, roads, public transport links and water supplies.
“The change could result in a cost saving of over £1 billion across the pipeline of projects. By speeding up delivery, increasing capacity and reducing constraint costs, it will also contribute to lower household bills.”
However, David Frise, chief executive of the Building Engineering Services Association, told Construction News that while the industry had identified planning delays as a key barrier for long-term infrastructure investment, the changes to the bill would not be a “golden bullet” and said increased investment in regulation was also needed.
“We need investment in developing and expanding a competent workforce and increasing operational capacity, and for that we need a certainty of pipeline and clear funding priorities from the government,” he said.
Mace Group chair Mark Reynolds, who also co-chairs the Construction Skills Mission Board and the Construction Leadership Council, believes the changes will speed up “overly bureaucratic” planning processes.
“The amendments to scrap onerous consultation requirements will hasten the prospect of delivering major infrastructure projects, meaning their benefits can be realised sooner for individuals, businesses and the wider economy,” he said.
“Our planning processes have long been too overly bureaucratic, an inhibitor to construction and a prohibitor to growth.
“Whilst appropriate scrutiny is crucial, unnecessary delays incur costs to society, and the government should be applauded for its bravery in this Bill, the results of which will open the door wider to private sector investment.”
Robbie Owen, an infrastructure planning and development consent orders expert at Pinsent Masons, said it was “very encouraging” to see government responding to feedback on the bill and predicted that simplifying the process could reduce the length of pre-application by anything from six to 18 months.
“That is clearly very significant and complements the provisions already in the bill to speed up the entire process,” he said.
Removing the statutory requirement to consult would help reduce the current “gold-plating” of consultation through multiple rounds and give confidence that a simplified process would be acceptable, he said.
However, he warned that great care will still be needed in the drawing up of the replacement guidance.
“The danger in the statutory guidance government will now be issuing to replace the provisions to be repealed is that, in trying to be helpful, it actually sets up expectations and standards that will have much the same effect as the current statutory provisions, and that The Planning Inspectorate will over-police these when it comes to decisions on the acceptance of DCO applications for examination,” he said.
Sarah Fitzpatrick, head of planning at Norton Rose Fulbright, fears the reforms could come at a cost to local communities.
“Since a major housing scheme is likely to be an Environmental Impact Assessment (EIA) development, this could mean that the public is consulted for no more than 30 days on proposals that may cover thousands of pages,” she said.
“Whilst the government’s proposed changes to the pre-application stage may well reduce that stage by 12 months, it remains to be seen if this will come at a cost to local communities and their ability to effectively input on evolving planning applications.”