Statutory Consultee System Reform

Statutory consultees play an important role in the planning system, providing expert advice and information on significant environmental, transport, safety and heritage issues to ensure good decision making. However, their involvement introduces additional requirements into the process of securing permission for some developments.

We need a planning application process which considers the correct statutory and technical issues in a timely and proportionate manner, enabling confident and timely decision making. It is therefore a matter of concern that local planning authorities and developers report that the statutory consultee system is not currently working effectively.

The concerns expressed by local planning authorities and developers in relation to the operation of the statutory consultee system are wide-ranging. They include statutory consultees failing to engage proactively; taking too long to provide their advice; reopening issues that have already been dealt with at the plan-making stage; submitting automatic holding objections which are too often subsequently withdrawn at a very late stage in the process; and frequently issuing holding responses that allow statutory deadlines to be met while seeking over-specified levels of information from developers over longer timeframes. The final advice that statutory consultees provide can also often seek gold-plated outcomes, going beyond what is necessary to make development acceptable in planning terms.

Where there is inconsistency in advice, or delays in the provision of final responses, there can be substantial uncertainty and delay for applicants. Local planning authorities and developers can also often exacerbate these problems, by providing inadequate or poor quality information, or through blanket and inappropriate referrals to statutory consultees. This diverts resource from supporting those significant applications which require statutory consultee expertise.

The Government are determined to return the statutory consultee system to meeting their goal of supporting high-quality development through the swift provision of expert relevant advice to inform decision making. It is essential that statutory consultees look to provide practical, pragmatic advice and expertise which is focused on what is necessary to make development acceptable. That is why on 26 January, the Deputy Prime Minister and the Chancellor announced a moratorium on the creation of new statutory consultees and committed to reviewing the existing arrangements.

Today, I am confirming to the House a number of steps we are taking to improve these arrangements in England: putting support for growth at the heart of the system; limiting the scope of statutory consultees to where advice is strictly necessary; reminding local planning authorities that they are able to proceed with a decision where advice is not provided on time if they have sufficient information to do so; establishing a new performance framework with greater ministerial scrutiny of the actions of statutory consultees; and ensuring the system has the right funding with the right incentives.

First, the Government are clear that the statutory consultee system must work in support of development and economic growth—reflecting the central place of these objectives in the Government’s plan for change. This principle must run through the actions of all those involved in the system, from local planning authorities—reflecting the economic growth policies set out in the national planning policy framework—to the statutory consultees themselves. In seeking advice and providing it, the goal should be to ensure that wherever possible good quality development can progress, drawing on the right expert input where necessary.

Secondly, we want to limit the statutory requirement to consult to only those instances where it is necessary to do so, and remove gold-plating where advice and support can be provided through other means. This means looking at both the existing set of statutory consultees, and the specific application types on which they provide advice.

We will therefore consult this spring on the impacts of removing a limited number of statutory consultees. Our initial intention is that this will include Sport England, the Theatres Trust and the Gardens Trust. We continue to recognise the importance of the policy areas with which these organisations are engaged, and recognise their value to local communities. Access to culture is an important driver of local growth and access to open green spaces and playing fields is crucial to our ambitions to increase physical activity levels across the nation and deliver on our health mission. We remain committed to ensuring our playing field capacity is protected and extended. Our national planning policy framework ensures these interests are maintained in the planning system and there is an important, ongoing role for these organisations working with local authorities and developers on the development of local and strategic plans, and through the publication of guidance and advice.

In addition, we will review the range and type of planning applications on which statutory consultees are required to be consulted and consider whether some types of application could be removed, or addressed by alternative means of engagement and provision of expert advice. In some cases, this could be done through undertaking more effective strategic engagement at the local and strategic plan level, reducing the need for comments on individual planning applications, and increasing the role of standing advice. We will consult on these changes in the spring alongside the impact of removal of the organisations identified above, before taking forward any resulting changes in secondary legislation later this year.

Thirdly, and reflecting the focus on supporting economic growth, local planning authorities should limit consultation of statutory consultees to only those instances where it is necessary to do so. Local planning authorities must still consult with statutory consultees where there is a legislative requirement to do so, noting that if there is relevant and up to date standing advice published with respect to that category of development, then consultation is not required. Applications may need to be referred to particular statutory consultees outside of the statutory requirements where their expertise is required, given the nature of the development, but should not be referred where standing advice is sufficient.

However, routine and blanket referrals to statutory consultees outside the statutory requirements should not take place, as this creates unnecessary administrative burdens for both local planning authorities and the statutory consultee. Where a statutory consultee has not provided advice within the agreed period, the decision maker should consider whether they can make a decision in the absence of this advice.

Decisions should not be delayed in order to secure advice from a statutory consultee beyond the 21—or 18—day statutory deadlines unless there is insufficient information to make the decision or more detailed advice may enable an approval rather than refusal. The national planning policy framework sets out that significant weight should be placed on the need to support economic growth, and timely decision making is in line with this objective.

In those limited circumstances where the statutory consultee is expected to provide advice on significant issues and it is necessary—for example, on safety critical issues—appropriate extensions to the 21 day deadline should be granted so that sufficient and timely information is available to inform the decision.

Fourthly, the role of statutory consultees is to provide evidence of impacts and expertise in a timely manner so that the decision maker has all relevant considerations before them. This should be provided in the form of advice to the decision maker, and should not be framed as an objection to the development.

In circumstances specified through direction, a local planning authority may be required to consult the Secretary of State, including where they propose to determine an application against the recommendation of a statutory consultee. The Secretary of State may then direct the manner in which the application is determined, including calling in the application. As part of the review, we will consider existing directions and when such directions may appropriately be made in the future.

To support timely and effective engagement with the planning system, we will also institute a new performance framework. As part of this framework, an HM Treasury and MHCLG Minister will meet annually with chief executive officers of key statutory consultees in order to review their performance. We will work with all statutory consultees to develop action plans and key performance indicators to ensure that the service they deliver is effective, proportionate and timely. We will also explore where greater digitisation, improved guidance, and improved local authority training can support performance improvements.

Finally, the Government recognise that statutory consultees need to be resourced adequately, and on a sustainable basis to enable them to support the Government’s growth objectives in full. We intend to develop a model to support this sustainable funding, while ensuring we are incentivising efficient and constructive engagement in applications, and in the planning system more generally—and we will set out further details in the coming weeks.

Taken together, these steps will help refocus the statutory consultee system on its core purpose: supporting development through the swift provision of expert relevant advice to inform decision making.

[HCWS510]