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S.106 agreements
Simon Ricketts, a partner in TownLegal, has published an article on the time taken to complete agreements on community investment by S.106 before development permission is granted. He points to a Home Builders Federation (HBF) report that the timescale was over 500 days in 2024-25. In that year, 45% of LPAs had agreements finalised that had taken over 1,000 days to complete.
The HBF makes five recommendations for improving the situation.
Simon Ricketts concludes in his blog that it is now substantially quicker to secure a decision by [more…]
High Street Rental Auctions
Councils are empowered to take action where landlords have not taken sufficient steps to rent property by auctioning off leases on premises that have been vacant for more than a year and granting local businesses and community groups the ‘right to rent’ empty commercial lots at market prices.
The Government has updated guidance on the way auctions should be conducted, as here.
Illegal e-bikes
There is a comprehensive road.cc report on comments by Chris Boardman, the Active Travel England chief, on the problem of illegal e-bikes being able to be purchased easily, with associated dangers.
Mr Boardman said “Some of it is a trading standards problem, that we have got illegal and non-certified products coming into our market and people have said that they will buy batteries, chargers and bikes online if it’s cheaper, and they don’t mind if it’s non-brand. There’s a lot of risks associated with that, so I think there’s [more…]
Councillor remote attendance and proxy voting
The Government consulted last year on this subject and following considerations of the responses has decided to proceed as in their statement of 5th June 2025 here. On remote attendance, DHCLG plans to permit local authorities to develop their own locally appropriate policies, if they decide to hold remote meetings. On proxy voting for meetings of the full council, DHCLG plans to require principal (unitary, upper and second-tier) councils to implement proxy voting schemes, to provide consistency for members who are absent. Guidance will be provided.
Right of Appeal
People should be able to challenge a planning decision other than through the Courts. London Forum members are asked to contact their MP promptly and urge them to support two proposed new clauses NC37 and NC38 for the Planning and Infrastructure Bill to be debated from Monday 9th June 2025. They would create a Third-party Right of Appeal where a local authority approves a development not in accord with the Local Plan. A control is that the Secretary of State may dismiss an appeal if it is vexatious, [more…]
Reforming Planning Committees
The Government could transfer decision-making power from Councillors to an un-elected planning officer on what applications are considered at committee. Conservation areas would not be protected. A Technical consultation here is open until 23rd July covering decision delegation, size and composition of planning committees and mandatory training. Two tiers of planning applications are proposed. For Tier A, “minor” developments and those up to 9 dwellings would be delegated to officers but in London that could be increased to 49 dwellings. A current Planning Working Paper [more…]
Chief Planner’s update
The MHCLG Chief Planner, Johanna Averley (pictured), has issued a newsletter to local authority planners. It covers a Modernised Planning Committees consultation and speeding up build-out with Completion Notices, a Delayed Homes Penalty and Compulsory Purchase Orders, as in a recent Working Paper and Technical Consultation.
The Government proposed Planning and Infrastructure Bill amendments to remove the statutory requirement to consult in the pre-application stage for NSIP applications.
DEFRA is consulting on options for how Biodiversity Net Gain (BNG) should be applied and MHCLG issued a related Working [more…]
Simplifying decisions
As London Forum reported, the Planning & Infrastructure Bill includes delegating planning decisions. The Government has issued a 15 question Working Paper consultation for
- Simplifying decisions for schemes below 10 homes to help small and medium builders (SMEs)
- Introducing a medium-sized site threshold up to 49 homes
There is another working paper on ‘Speeding up Build-out’ and for major developments, the Government is considering options for a mixed tenure development threshold at 500 units. Views on the right threshold are sought in this ‘Simplifying Decisions’ Working Paper. There will be [more…]
Planning and Infrastructure Bill debate
Labour members of the Commons Planning and Infrastructure Bill Committee voted through Clause 46 in that Bill for delegation of planning decisions. Government guidance is to be produced. Gideon Amos, LibDem MP, said “We are dealing with primary statutory legislation here, and there would be no discretion over its implementation. We are talking about giving him [Mathew Pennycook MP] and all future Ministers, of whatever party, the power to write the delegation arrangements for each local council in the country and tell them what they may or may [more…]
Community submissions cannot be ignored
The High Court has ruled that Lambeth Council acted unlawfully in its decision to impose a Low Traffic Neighbourhood (LTN) in West Dulwich, setting an important legal precedent for how councils must handle public consultation. In short: if you ask for views, you must genuinely consider them—especially when they’re backed by substantial, relevant evidence.
This landmark ruling underscores what many communities have long suspected: that public feedback on local schemes and developments can too easily become a formality rather than a meaningful part of the process. It is not [more…]
Build Out consultation
The Government issued a Planning Working Paper on ‘Building Homes Faster’, as reported on 25th May 2025. That has been followed by a Technical Consultation, open until 7th July, for the introduction of a new statutory build out framework and the power to decline to determine applications.
Building homes faster
The Deputy Prime Minister has urged developers to “Get on and build” as here.
The Government wants views on a Planning Reform Working Paper ‘Speeding Up Build Out’, with eleven questions.
Councils will get new powers to keep housebuilders on track with build rates set before planning permission is granted. Developers who repeatedly fail to construct approved schemes or trade land speculatively could face a new ‘Delayed Homes Penalty’, be locked out of future permissions or have their sites acquired by councils. Annual reports on progress will [more…]