New Planning Laws Spark Local Community Concerns

New planning laws that took effect on Friday (August 17) have councils warning they weaken local voices and could spark speculative or unsuitable development, especially in rural areas.

The County Councils Network says decisions are being shifted away from local authorities and communities towards a nationally set framework. The Government says it is "increasing the ambition of the default yes" for development around well-connected stations and will push to approve development outside towns and villages where there is "unmet need".

Reintroduced rules on a five-year land supply and higher housing targets for counties mean councils say it will be harder to refuse unsuitable schemes. That reduces local control over how towns and villages grow.

"That is not devolution. That is centralisation with a devolution label on it," says Adrian Abbs (Independent, Wash Common).

"What's left? Your written comments. They now carry far more weight because for most applications they will be the only public voice. Comment early, before an officer forms a recommendation," he added.

The changes expect councils to approve developments that follow one-size-fits-all national policies. Councils must "approve" development near any station with four or more trains an hour, potentially opening rural stations to speculative plans with little regard for local infrastructure.

Councils also face pressure to permit development on the outskirts of towns and villages to meet "unmet need", which could lead to piecemeal growth regardless of infrastructure capacity.

Local authorities warn developers could game the system by building permissions out slowly or not fully, preventing councils meeting land supply targets and then claiming "unmet need" to force approvals.

"The Government's reforms are increasingly prescriptive and significantly reduce the discretion available to the council to determine the overall scale of development that must be planned for within West Berkshire," said a council spokesperson.

"The NPPF implications for West Berkshire Council include the requirement to plan for increased mandatory housing targets and maintain a robust five-year housing land supply.

"The new National Scheme of Delegation is expected to result in a substantially greater proportion of planning applications being determined by officers rather than elected councillors in public planning committee meetings."

West Berkshire must work within the new national framework, so it is preparing its own strategies to retain local influence: a new Spatial Development Strategy for the Thames Valley and a fresh Local Plan. An up-to-date Local Plan and a robust supply of deliverable sites improve the council's chances in planning appeals.

The new system forces a strict 30-month timeline for councils to adopt Local Plans, with mandatory housing targets and standard national policies. One local positive is a strengthened policy on Protected Landscapes: major development should be refused there except in exceptional cases, and landscape protection remains statutory.

Aldermaston and Burghfield stations may escape development pressure largely because of AWE and DEPZ zones, but Hungerford, Bedwyn, Mortimer and Woolhampton could see increased interest.

Residents staged a protest in Stratfield Mortimer against a 350-home plan at West End Farm. The site sits in Hampshire (Basingstoke and Deane) but is right on the West Berkshire border; West Berkshire Council opposed it because of cross-border impacts on the A339 and local services, while receiving none of the council tax or community infrastructure levy benefits.

Niki Hinman, Local Democracy Reporter