The “GIA” starts to bite

In my article to be published in the next issue of Holmes & Hills Solicitors Property & Construction newsletter I have written, at greater length, about how the government’s “flagship” Growth and Infrastructure Act 2013 (the ‘GIA’) was starting to be used by developers to modify affordable housing obligations.

However, those of you who managed to join us at our recent Planning Seminars will also be aware that the GIA has a provision whereby an application for major development can be made straight to the Secretary of State in certain circumstances, therefore bypassing the local planning authority.

In order for an application to be made straight to the Secretary of State (acting by the Planning Inspectorate) the local planning authority must be “designated” but no authorities had been designated so, in short, although the right existed there was no circumstance whereby it could be exercised! That is until now…

The Department for Communities and Local Government (DCLG) announced the designation of Blaby District Council, in Leicestershire, last week following Blaby’ DC’s determination of less than 30 per cent of applications within the statutory time limit (13 weeks) over the applicable reference period. In addition to the speed of determination of applications, a planning authority may be designated if the quality its determinations is not up to scratch (i.e. 20% or more of its terminations were overturned at appeal during the reference period).

The designation means that developers of major projects in the Blaby District will be able to submit planning applications directly to the Planning Inspectorate.

In announcing Blaby’s designation planning minister Nick Boles is reported to have said: “the imminent threat of designation appears to have focused the minds of councils and we’re pleased a number of authorities raised their game, improved performance and for the time being are out of risk.”. In other words Mr Boles is proclaiming the success of the GIA in “encouraging” the planning authorities to improve their performance to avoid being “designated” and having aspects of their planning jurisdiction taken away from them.

So, it appears that the GIA has teeth after all but I would like to hear from anyone as to whether they will use those teeth (were the GIA allows them to). In my experience, applicants (especially developers) do generally have a working relationship with the local planning authority and may prefer to stick with “the devil they know” (and appeal if the application is not accepted) rather than bypass the local authority and take the matter straight to the Planning Inspectorate against whom the only recourse is an application for Judicial Review if that application is unsuccessful.

Holmes & Hills has a team of Planning Law solicitors representing developers, landowners and local authorities across the South East and East Anglia.