Managing delays in the planning system

“This is this hugely frustrating, but also increases uncertainty and risk for landowners and developers deciding whether to invest in a development project. This is the last thing that developers need at a time when the cost of development is ever-increasing due to inflation and other factors. 

 

“Although the picture is uneven across the country, the general experience is that there are significant delays in the determination of planning applications and the provision of pre-application advice. In some places, the delays can extend to years, even for more simple forms of application. Planning law requires councils to determine applications within 13 weeks for major applications and 8 weeks for minor applications. More recently it is becoming a rarer occurrence to receive a planning decision within the statutory time periods. This is a widespread issue with multiple Local Planning Authorities experiencing backlogs of applications, which has been caused by a combination of a lack of resources and staffing issues within the Public Sector of Planning. 

 

“Ever since the performance league tables and ‘designation’ process was introduced some years ago, it has become more common for councils to request extensions of time, to enable them to determine applications beyond the 8- or 13-week period whilst remaining ‘in time’. We are also seeing an increasing number of councils slipping into the danger zone in the league tables, and Michael Gove recently wrote to 10 authorities to warn that their poor performance could lead to them being stripped of planning powers. Many other councils are also perilously close to the threshold. 

 

“There can be delays of weeks to simply have an application validated and allocated to a Planning Officer, with one authority there was a delay of up to 232 days before an application would even land on an officer’s desk! Whilst not all councils are this severely backlogged, the majority are working to delayed timescales so it is worth bearing in mind that the planning process could take longer than anticipated. 

 

“Of course, the planning process is probably as complex as it has ever been, with many different elements to consider and deal with. It can be a minefield if not approached properly, and it is critical as a developer to make sure you are receiving the best possible professional advice from the outset. There is no magic solution, but there are steps that can be taken to help mitigate the risk and to expedite the process and these include measures such as:

 

Although the days of simply ringing up the planning department or popping in for a chat are largely gone, this can be a useful tool if you are unsure the proposal would receive support from the council, and it can be cost-effective as it can help identify the likely requirements and any surveys that will be required. Some councils are, however, working to delayed timescales on providing pre-application advice as they are prioritising planning applications. 

 

Some councils publish local validation lists setting out the information that will be required to be submitted as part of a planning application to make it a valid application. There are also national validation requirements, so it is worth double-checking these lists at an early stage to ensure that all the necessary surveys and documents have been provided to avoid an application being made invalid and delayed.

 

Plan ahead 

If the proposal requires any surveys that are time sensitive such as ecology surveys that can only be carried out at certain times of the year, it is worth getting any consultants instructed early on in the process to avoid missing any survey seasons. 

 

Planning Performance Agreements 

Some councils encourage the use of PPAs, which are a project management tool which local planning authorities (LPAs) and applicants can use to agree on timescales, and resources to handle applications subject to a further fee being paid. Councils then pool these fees to help fund additional planning resources. It is worth checking whether the council has a PPA protocol in place, which may include a menu of fees for different types of projects. This can help to shortcut the process and provides much greater certainty. 

 

Front Loading 

Within a planning application if additional information can be provided upfront to avoid having to submit further discharge of condition applications this can help reduce delays later. If the proposal requires a legal agreement, it may also be worth preparing heads of teams in advance.”

 

Obtaining the advice and support of an experienced professional planning consultant from the outset is critical, as they will be able to set everything out and devise the best strategy for taking the project forward with greater certainty and manageable risk.