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Robert Lewis


The purpose of this paper is to consider recent changes to planning law and policy. The
principal changes result from the bringing into force the various provisions of the Planning
and Compulsory Purchase Act 2004. The paper is based on an article that I co-authored with
Alex Goodman that appeared in the JPL for March 2007, updated to today.

Two principal circulars have been issued to provide guidance on the changes – ODPM Circ.
08/2005 and DCLG Circ. 01/2006, both entitled: „Guidance on Changes to the Development
Control System‟. I deal with the changes chronologically, in the order in which they have
been introduced.

                                      LEGAL CHANGES

Correction of Errors (came into effect 28 September 2004)

Part 5 (ss. 56-59) of the 2004 Act allows for the issue of a “correction notice” to correct
certain errors in decision letters by an Inspector or the Secretary of State. These must be
errors which do not form part of the reasoning of decisions. The notice can only be issued
before the six-week statutory appeal period to the High Court has expired.

The correction notice appears to be intended to deal with “typos” or minor errors rather than
matters of substance. It may only be issued at the request of the applicant or with his consent.
If issued, the date of the decision is taken to be the date of the correction notice.

Temporary Stop Notices (came into force 7 March 2005)

S. 52 of the 2004 Act introduced new ss.171E – H into the 1990 Act. Traditional stop notices
are dependent on the prior service of an enforcement notice, but temporary stop notices are
free-standing and are designed to be used where there is an urgent need for an unlawful
activity to cease. They take effect immediately they are served, unlike traditional stop notices
which require a minimum of three days to be specified before taking effect. They can last for
a maximum of 28 days (during which time the LPA can consider whether enforcement action
needs to be taken) and breach of the notice attracts the same penalties as breach of an
ordinary stop notice – potentially an unlimited fine on trial on indictment. A temporary stop
notice is potentially cheaper than applying for an injunction under s. 187B of the 1990 Act,
although compensation is payable under s. 171H if the notice is withdrawn or the prohibited
activity turns out to have been lawful.

Guidance on their use is given in Circ. 02/2005 and details are set out in The Town and
Country Planning (Temporary Stop Notices) (England) Regulations 2005.

In the case of Wilson v Wychavon DC and FSS [2005] EWHC 2970 (Admin). 20 Dec.
2005 (upheld by CA on 6 February 2007 [2007] EWCA Civ. 52) it was argued that the ability
for stop notices to be issued in respect of caravans, but not „buildings‟ as principal residences
was a breach of Art. 14 of the European Convention of Human Rights, which prohibits
discrimination on grounds of race, ethnic origin etc. in the manner in which protected rights,
including the right to respect for one‟s home in Art. 8, are guaranteed. The court held that the
distinction was lawful on the ground that it was justified by the fact that usually a change of
use of a building to a dwelling will cause less immediate environmental damage than the
stationing of a residential caravan.

Like stop notices, temporary stop notices cannot be used to prevent the use of a building as a
dwellinghouse. However, unlike stop notices, they cannot be used to prevent the stationing of
caravans (which are not „buildings‟) for residential use unless the local planning authority
considers that the risk of harm to a „compelling public interest‟ from the caravan is so serious
as to outweigh the benefit to the occupier. The circular gives a number of examples of
locations where this might apply: SSSIs, grounds of listed buildings, polluted land or
highway verges on busy roads etc.

There is in effect, therefore, a direct legislative requirement to assess the proportionality of
using a temporary stop notice against the stationing of caravans. That requirement is
explained by the need to safeguard the human rights of those stationing caravans. What is
required is, in the words of the Circular, no more than a “quick but adequate” assessment of
the likely consequences. That is in contrast to the issuing of a stop notice which will only
occur after the full balancing exercise required for an enforcement notice has been completed.

Fees and Charges (came into effect 7 March 2005)

S.53 of the 2004 Act has made major changes to the ability of local authorities to levy fees
for their planning work. Previously, s.303 of the 1990 Act only allowed fees to be charged for
planning applications, and indeed in the case of R v Richmond on Thames BC ex p
McCarthy and Stone [1992] 1 PLR 131 the court ruled unlawful a charge made for pre-
application discussions.

Regulations may now be made by the Secretary of State to allow authorities to charge for any
of their functions or anything done by them which is calculated to facilitate or is conducive or
incidental to, the performance of any such function. Regulations are yet to be made.

Time in which Secretary of State to take decisions (came into effect 1 April 2005)

S.55 and Schedule 2 to the 2004 Act contain provisions about making timetables under which
the Secretary of State must take certain decisions, including those on planning appeals and
„call-ins‟. The Town and Country Planning (Timetable for Decisions) (England) Order 2005
sets out the decisions for which a timetable should not be made. Timetables are not legally
binding and can be extended, but failure to comply with them must be explained.

Power to decline to determine applications (came into effect 24 August 2005)

The new power inserted by s. 43 of the 2004 Act replaces the existing section 70A of the
1990 Act with new sections 70A and 70B. It also inserts new sections 81A and 81B into the
Listed Buildings Act 1990. The former provisions allowed local planning authorities to

decline to determine an application for planning permission which was the same or
substantially the same as an application that, within the previous two years, the Secretary of
State had called in and refused or had dismissed on appeal. Local planning authorities are
now able to decline to determine applications not only where an application has been
determined by the Secretary of State, but also where there have been at least two previous
refusals in the previous two years without appeal to the Secretary of State. The new power
relates to applications for planning permission and additionally to applications for listed
building consent, conservation area consent and applications for the prior approval of a local
planning authority for development which is permitted under the Town and Country Planning
(General Permitted Development) Order 1995.

Circ. 08/2005 advises local planning authorities that they should use the power to decline to
determine repeat applications only where they believe that the applicant is trying to wear
down opposition by submitting repeated applications. If an application has been revised in a
genuine attempt to take account of objections to an earlier proposal, the local planning
authority should determine it. The local authority therefore holds a discretion over whether to
use the power to permit “twin-tracking”. If a local authority acts unreasonably in declining to
determine a repeat application, they may be susceptible to judicial review.

Major infrastructure projects (came into full effect 24 August 2005)

New ss.76A of the 1990 Act (inserted by section 44 of the 2004 Act) provides that if the
Secretary of State believes that an application is of national or regional importance, he may
direct it is referred to himself for determination, along with any connected applications (s.
76A(3)), Those powers are little different to the pre-existing powers. However, where an
application is called in under s.76A, the developer will now be required to prepare an
economic impact report. Article 3 of the Town and Country Planning (General Development
Procedure) (Amendment) (England) Order 2005 inserts a new article 4B and Schedule 4A
into the 1995 General Development Procedure Order and provides among other things for the
contents of economic impact reports, timing and publicity. ODPM Circular 07/2005
„Planning Inquiries Into Major Infrastructure Projects, states, at paragraph 3, that the
production of an EIR is intended to facilitate public participation and speed up the inquiry

The Secretary of State must then appoint a “lead inspector” to consider the application and
may direct him to consider specific matters. The Secretary of State may appoint further
Inspectors to report to the lead inspector on any specific matters she directs. Further provision
is made in respect of these powers by The Town and Country Planning (Major Infrastructure
Project Inquiries Procedure) (England) Rules 2005 in force as of 24 August 2005.

The changes fall short of the proposals in the Government‟s Green Paper prompted by the
desire to avoid a repeat of the five-year inquiry into Heathrow Terminal Five. It had been
hoped in the original proposals that there would be a special Parliamentary procedure making
decisions on the principle of, and the need for, a major infrastructure project. Although those
proposals were abandoned, a similar accelerated decision-making procedure has now been
proposed in a different context in the DTI‟s Policy Framework for New Nuclear Build:
Consultation Document of July 2006. It was proposed in that consultation that a policy
framework, including a nuclear "statement of need", would address national strategic and
regulatory issues through processes other than the planning inquiry. Should the proposals be
adopted, planning inquiries into nuclear power stations will accordingly be confined to
considering local environmental impacts and the relationship between the proposal and the
local plans.

Duration of permissions (came into effect 24 August 2005)

S.51 of the 2004 Act amends s.91 of the 1990 Act and s.18 of the Listed Buildings Act so that
detailed planning permission, listed building consent and conservation area consent will
normally be granted with the condition that the development or works must be begun within
3 years from the date on which the permission or consent was granted, rather than the 5 years
previously in force. As before, LPAs may agree longer or shorter durations of permission or
consent where they consider it would be appropriate. If the permission is challenged in court,
the time limit is automatically extended by 1 year.

S.51 also amends s.92 of the 1990 Act to require development which has been granted outline
planning permission to be begun within 2 years from the date of final approval of reserved
matters rather than the previous 5 years from the granting of outline planning permission,
since this might have allowed a longer duration of consent than would be provided under a

full planning permission. The default period of 3 years still applies for the submission of an
application for approval of reserved matters.

S.51 also amends s.73 of the 1990 Act and s.19 of the Listed Buildings Act so that a planning
permission or consent can no longer be extended by an application to vary a condition. Any
person who has not started development within the time limit allowed by the permission or
consent will need to submit a fresh application if he or she wishes to undertake that
development or works. LPAs are required to judge such applications against current planning

Duty to respond to consultation (came into effect 25 August 2005)

S.54 of the 2004 Act requires statutory consultees to respond to consultation within a set time
period. New articles 11A and 11B of the GDPO introduce a 21 day time limit. This provision
seeks to overcome the delays caused by statutory consultees failing to respond.

Para. 16(4) of Schedule 6 to the Act inserts a new para. 7 into Schedule 1 to the 1990 Act
whereby Regional Planning Bodies are added as consultees for all applications which would
be of major importance for the implementation of the RSS or relevant regional policy.

Casinos (Amendment of Use Classes Order and GPDO 6 April 2006)

The Town and Country Planning (Use Classes) Order 1987 (the UCO) and the General
Permitted Development Order have been amended to make casinos a „sui generis‟ use rather
than a class D2 (assembly and leisure) use. It will therefore be necessary to apply for
planning permission where a proposed change from one use of a building to use as a casino
constitutes a “material” change. The amended part 3 of the GPDO confers permitted
development rights for a change of use from a casino to a D2 use (e.g. cinema or bingo hall).

Local development orders (came into effect 10 May 2006).

The new ss. 61A-C of the Town and Country Planning Act 1990, inserted by s.40 of the 2004
Act, allow local planning authorities to make „local development orders‟ granting planning

permission, with or without conditions, for development of specified types or within specified
areas. LDOs grant permitted development rights in a similar manner to the way the General
Permitted Development Order grants consent for a range of development types nationally,
and special development orders grant consent for specific schemes.

LDOs must be used to implement policies in the development plan documents or in a local
development plan. They can apply to all, or to only some, of an authority‟s land. Giving
local authorities the power to make LDOs is designed to encourage pro-active
implementation of the policies in the development plan and is emblematic of the
government‟s commitment to plan-led development.

PPS12, paragraphs 2.39 – 41 advises that it would be „prudent‟ for LDOs to be made in
conjunction with development plan documents to enable community involvement to take
place and to allow the local planning authority to see how the LDO will work to implement
the policies in the local development framework. Paragraph 24 of Circ. 01/2006 further
“encourages” such a course. However, there is no legal requirement for this and LDOs can be
made at any time provided the relevant development plan policies they seek to implement
have been adopted.

Circ. 01/2006 explains:

        As LDOs remove the need to apply for planning permission the potential developer
        would be able to progress with greater speed and certainty (subject to the
        development complying with the terms and conditions of the LDO). Associated costs
        may well be lower with an LDO as there will also not be a planning application fee or
        need to commit the resources associated with the preparation of an application.

The Circular advises that LDOs cannot be made if they would:

       affect a listed building (including the setting of a listed building);
       have a significant effect on a European site as defined in the Habitats Regulations; or
       permit a development of a kind contained in Schedule 1 of the environmental
        assessment regulations.

When preparing an LDO, a local planning authority must produce a concise statement
justifying why an LDO should be made. This „statement of reasons‟ must include:

       a description of the development which would be permitted;
       a statement of the policies which the LDO would implement; and
       a plan or statement identifying the land to which the LDO would apply.

While an LDO can be made to apply to the whole of a local authority‟s area, it is perhaps
more likely that they will be made to support specific areas such as an enterprise area.

By new s.61B of the 1990 Act, the Secretary of State reserves a power to direct that an LDO
be submitted to her for approval. She may then approve or reject the LDO, or direct the local
authority to modify it prior to adoption, or she may revoke the LDO if she thinks it
appropriate to do so.

Mezzanines (came into force 10 May 2006)

Internal floorspace increases, such as mezzanine floors, of 200 square metres or more in
buildings used for retail purposes (other than for the sale of hot food), are now classed as
development and require planning permission.

The reason for this change was the concern felt that some such development could act against
the objectives of planning policy for town centres. This might occur, for example, where
mezzanine or other development is proposed which has the effect of increasing gross
floorspace in an out-of-centre location where there is no need for additional retail floorspace
or where sequentially preferable opportunities for development exist. Such proposals might
also have a negative impact on the vitality and viability of neighbouring centres.

The concern was exacerbated by a number of schemes where the increase in floor space was
considerable. For example, in two appeals made by ASDA the schemes under consideration
involved increases of 2,788 and 4,645 sq.m.

Local planning authorities are advised by Circ. 08/2005 to have regard to the guidance set out
in PPS6, as well as to the provisions of their development plan, when considering

applications involving mezzanines or other internal floorspace increases. Local authorities
may override the new provisions through the use of a local development order where it is in
accordance with the development plan to do so (see above on LDOs).

The ending of Crown immunity (came into effect 7 June 2006)

Subject to certain provisions and exceptions, the planning legislation now binds the Crown.
Circ. 02/2006 describes the somewhat complicated position that now obtains, and the raft of
amendments to statutory instruments that have had to be made to effect the change.

In brief, while the Crown will generally be required to obtain planning permission in the
usual way, there are special provisions to deal with situations in which considerations, such
as those of national security, demand a different treatment. For example, where it is not
possible on grounds of security for members of the public to be made aware of all the
relevant information, a „special advocate‟ may be appointed to represent their interests at
planning appeals.

Reserved matters for outline applications (came into effect 10 August 2006)

The list of potential „reserved matters‟ on outline planning permissions contained in the The
General Development Procedure Order 1995 has been amended by the Town and Country
Planning (General Development Procedure) (Amendment) (England) Order 2006. Reserved
matters previously consisted of siting, design, external appearance, means of access and
landscaping. The changes made to the GDPO revise this so that reserved matters now

           Layout
           Scale
           Appearance
           Access
           Landscaping

Thus, three “old” reserved matters: external appearance, means of access and landscaping
remain largely unchanged. In response to the new requirement for design and access
statements and in response to the new provisions on outline applications requiring indicative
parameters, the “old” reserved matters of siting and design have been changed to layout and

Circular 01/2006 advises that the information to be submitted with an outline application
must now include information on:

            The uses proposed for the site
            The amount of development for each proposed use
            Indicative layout
            Scale parameters (upper and lower limits for height, width and length of each
            Indicative access points

Additionally, a „design and access statement‟ setting out the applicable design and access
principles must, by the new s. 62 of the 1990 Act also accompany the application (as to
which see further below).

The combined effect of these changes and the introduction of the need for design and access
statements for outline as well as full applications makes „bare‟ outline applications largely
redundant. The Government originally proposed to abolish outline permissions, but while
outline permissions have survived, their main benefit – to enable a developer to establish the
principle of whether a development is acceptable or not without too much, potentially
abortive, expense – is seriously compromised. The requirement for greater detail at the
outline stage responds to the requirements of the EIA Directive as it has now been interpreted
in the courts.

Design and Access Statements (came into effect 10 August 2006).

S.42 of the 2004 Act substitutes a new s.62 of the 1990 Act and amends s.10 of the Listed
Buildings Act 1990 so as to provide that a statement covering design concepts and principles
and access issues is submitted with applications for planning permission and listed building

consent. S.42(5) inserts a new s.327A into the 1990 Act, which prohibits, among other things,
a local planning authority from entertaining an application unless it is accompanied by a
design statement and an access statement, where required.

Circular 01/2006 advises that a single statement should cover both design and access,
allowing applicants to demonstrate an integrated approach that will deliver inclusive design,
and address a full range of access requirements throughout the design process.

Design and access statements must accompany planning applications for both outline and full
planning permissions. The elements to be described in design and access statements will be
the same regardless of whether the application is for outline or full planning permission, but
their scope will differ.

The GDPO as amended provides that design and access statements will be required for all
planning applications except for:

        a material change in the use of land or buildings, unless it also involves operational
        engineering or mining operations; and
        development of an existing dwelling house, or development within the curtilage of a
         dwelling house for any purpose incidental to the enjoyment of the dwelling house,
         where no part of that dwellinghouse or curtilage is within a designated area (a
         National Park, site of special scientific interest, conservation area, area of outstanding
         natural beauty, World Heritage Site and the Broads).

For most straightforward planning applications, the circular states that the design and access
statement may be only short, possibly only one page, whereas for more complicated planning
applications, a more detailed format and, perhaps, longer document is likely to be necessary.

New article 4C of the GDPO and regulation 3A of the Listed Buildings Regulations sets out
the detailed requirements of such statements in relation to planning permissions and listed
building consents respectively. A design and access statement should cover the following 7

1.   Amount of development - e.g. for residential development, the number of proposed
     units and for all other development, the proposed floor space for each proposed use.
     The statement should explain and justify the amount of development proposed for
     each use and how this will be distributed across the site.

2.   Layout. If layout is reserved at the outline stage, the outline application should
     provide information on the approximate location of buildings, routes and open spaces
     proposed. The statement should explain and justify the proposed layout in terms of the
     relationship between buildings and public and private spaces within and around the

3.   Scale - the height, width and length of a building in relation to its surroundings. If
     scale has been reserved at the outline stage, the application should indicate parameters
     for the upper and lower limits of the height, width and length of each building
     proposed, to establish a 3-dimensional building envelope within which the detailed
     design of buildings will be constructed. The statement should explain and justify the
     scale of buildings proposed.

4.   Landscaping. If landscaping is reserved at the outline stage, the outline application
     does not need to provide any specific landscaping information. However, the design
     and access statement should still explain and justify the principles that will inform any
     future landscaping scheme for the site.

5.   Appearance, e.g. the architecture, materials, decoration, lighting, colour and texture
     proposed. If appearance is reserved at the outline stage, the outline application should
     explain and justify the principles behind the intended appearance and explain how
     these will inform the final design of the development.

6.   Context. The statement must demonstrate the steps taken to appraise the context of
     the proposed development, including physical, social and economic characteristics
     and relevant planning policies.

7.   Access to (not within) the development. For outline applications, where access is
     reserved, the application should indicate the location of points of access to the site.

Determination periods for applications (came into force 10 August 2006)

As part of the government‟s “Best Value” regime setting targets for planning authorities, Best
Value Performance Indicator 109 suggested that local authorities should seek to determine
60% of major applications within 13 weeks. However, art. 20 of the GDPO 1995 specified
that planning applications had to be determined within 8 weeks (16 weeks in the case of EIA
development) or they could be appealed on the ground of non-determination.

The government consulted on how to address this anomaly in its Changes to the Development
Control System: Second Consultation paper. After considering various options, including
changing BVPI 109 to 8 weeks, Art. 20 of the GDPO has been modified to specify a
determination period of 13 weeks for major applications.

„Major applications‟ are defined as:

        mineral extraction
        waste development
        provision of 10 or more houses or houses on a site of 0.5 ha or more
        buildings of 1,000 sq.m. or more floor space
        development on a site of 1 ha. or more.

The period for determination of minor applications remains 8 weeks, and applications
supported by Environmental Statements remain determinable within 16 weeks.

Transfer of jurisdiction on listed building consent (came into force 1 October 2006)

The Town and Country Planning (determination of Appeals by Appointed Persons)
(Prescribed Classes) (Amendment) (England) Regulations 2006 provide that jurisdiction for
the hearing of appeals against refusals of listed building consent and listed building
enforcement notice appeals in respect of Grade 1 and Grade II* buildings is transferred from
the Secretary of State to planning inspectors. The Secretary of State will, however, retain the

power to consider whether the circumstances of any particular case warrant recovery of an
appeal for her own determination. Such decisions will be made on a case by case basis where
there are particular heritage issues.

                                        POLICY CHANGES

Gypsies and Travellers (ODPM Circular 01/2006 issued 2 February 2006)

On 2 February 2006 the Government published a suite of four new policy initiatives and
guidance for local authorities relating to gypsies and other travellers. This comprised:

        ODPM Circular 01/2006: „Planning for Gypsy and Traveller Caravan Sites‟;

        a „Guide to Effective use of Enforcement Powers – Part 1 Unauthorised
         Encampments‟ (this is concerned with trespass, further guidance will be issued to deal
         with planning enforcement in respect of unauthorised development);

        „Gypsy and Traveller Accommodation Assessments – Draft Practice Guidance‟; and

        „Local Authorities and Gypsies and Travellers – Guide to Responsibilities and

The guidance changes the definition of a „gypsy‟ so as to include those who have ceased
travelling for educational or health reasons, thereby overturning the effect of the case of
Wrexham County Borough Council v National Assembly for Wales and Mr and Mrs
Berry [2004] JPL 65. It places gypsy sites on the same footing as conventional housing in
plan-making terms by requiring LPAs to carry our Gypsy and Traveller Accommodation
Assessments (GTAAs) and transmit the results to the Regional Planning Body, who will then
allocate numbers of pitches for new sites to individual LPAs. LPAs will need to locate

specific sites for these, and will be precluded from adopting only criteria-based policies for
the identification of additional sites in their LDDs. Criteria-based policies will be permitted
for addressing needs not identified in the GTAA.

The new guidance has already had a significant impact on the determination of appeals by
gypsies, with temporary consents at least, being more readily granted pending completion of
authorities‟ GTAAs.

Tourism (PPG21 cancelled 1 September 2006)

PPG 21 Tourism has been withdrawn and replaced by a „Good Practice Guide on Planning
for Tourism‟, issued in May 2006, designed to:

        ensure that planners understand the importance of tourism and take this fully into
         account when preparing development plans and taking planning decisions;
        ensure that those involved in the tourism industry understand the principles of
         national planning policy as they apply to tourism and how these can be applied when
         preparing individual planning applications; and
        ensure that planners and the tourism industry work together effectively to facilitate,
         promote and deliver new tourism development in a sustainable way.

Minerals Policy Statement 1 (November 2006)

This replaces Minerals Planning Guidance (MPG1) Note 1: General considerations and the
development plan system (published in 1996) and, together with the annex on
aggregates, completes the replacement of Minerals Planning Guidance (MPG6) Note 6:
Guidelines for aggregates provision in England (published in 1994). The Planning and
Minerals: Practice Guide sets out how the policies in MPS1 might be implemented.

Housing Policy Statement 3 (issued 29 November 2006)

This new guidance, replacing PPG3, carries forward the principal policies that have been
evident for some years in the housing field, namely increasing the stock of housing generally,
and affordable housing in particular. A major change is the amended definition of „affordable
housing‟ which mow excludes low cost market housing.

While the „sequential test‟ previously contained in PPG3 has not been retained, in practice a
similar emphasis is placed on developing previously developed land first.

A further key change is to require local authorities to ignore „windfalls‟ when calculating
their housing land supply. They are asked to identify sufficient specific „deliverable‟ sites to
deliver housing in the first five years, and that in order to be „deliverable‟, sites
should be:
– Available
– Suitable
– Achievable – i.e. there is a reasonable prospect that housing will be delivered on the site
within five years.

Local authorities are also asked to identify a further supply of specific, developable sites for
years 6-10 and, where possible, for years 11-15.

Para. 59 states:

        Allowances for windfalls31 should not be included in the first 10 years of land supply
        unless Local Planning Authorities can provide robust evidence of genuine local
        circumstances that prevent specific sites being identified. In these circumstances, an
        allowance should be included but should be realistic having regard to the Strategic
        Housing Land Availability Assessment, historic windfall delivery rates and expected
        future trends.

                                 FUTURE DEVELOPMENTS

Heritage Protection (White Paper March 2007)

This new White Paper proposes merging the current lists of buildings and the schedule of
ancient monuments into a single system of listed „heritage assets‟, and transferring listing
and designating decisions from the Department for Culture, Media and Sport to English
Heritage. The consultation period expires on 1 June 2007.

For the first time, house owners would be consulted when their house is being considered for
listing. They would have the right to appeal.

Climate Change (draft Bill published 17 March 2007)

While most of the draft Bill‟s provisions are not directly concerned with Planning, there
seems little doubt that the planning system will be looked to to help achieve the reductions in
carbon emissions that are a major part of the Bill‟s objective.

Chancellor Gordon Brown emphasised the role of planning in a keynote speech on climate
change, telling environmental campaigners and business leaders:

       ‘We will ensure our planning and transport systems make alternatives to the car -
       walking, cycling and public transport - easier and more convenient.’

He also promised that the Government would:

       ‘improve our planning system to speed up the process for major infrastructure
       projects - including wind farms and waste disposal facilities - while maintaining the
       democratic accountability that is so important to the planning system’.

Planning Gain Supplement and other Barker proposals

These are to be the subject of further Government announcement. It now appears that PGS
will not be introduced (if it is introduced) until 2009.


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