Recommendation 5

HM Government Acknowledged

Longstanding planning law provides that permitted development rights can be subject to local consideration of particular planning matters, known as prior approval. This enables local authorities to consider important planning matters that may give rise to adverse impacts and proposed mitigations. The individual rights have differing matters for prior approval reflecting the scope of that right and therefore the Government will give consideration to appropriate prior approvals as part of framing any new permitted development rights. For example, it is important that those rights that provide for the change of use to residential consider the risks to future residents in relation to flooding. In considering the particular matters for prior approval, the law enables consideration of key planning matters whilst not replicating the full range of matters arising from a planning application. Local planning authorities may make an Article 4 direction to remove the right where appropriate, and in line with national policy. Development that would otherwise be permitted under the right then requires a planning application that will be determined in accordance with the local plan or other material considerations. We recognise many local authorities have capacity and capability challenges. It is vital that we have well-resourced, efficient and effective planning departments. We have therefore recently consulted on fee increases, including for prior approval, to ensure the planning system is better resourced. In addition, we are working with representatives from local government, the private sector and the professional bodies to develop a suite of targeted interventions to support the development of critical skills and to build capacity across local planning authorities.