This article by DPP Wales first appeared in the Western Mail on 28 October 2009.
On 1 September, the Assembly Government introduced new guidance that raises the bar on the sustainability credentials of larger development proposals in Wales.
‘Ministerial Interim Planning Policy Statement 02/2009’ requires that planning applications for new developments of over five houses or other development with a floorspace of greater than 1,000 sq m (or on sites of over one hectare) meet strict new sustainability and carbon emission standards that exceed those anywhere else in the UK.
While concerns remain in the property sector about the cost of meeting the new standards and the effect on inward investment, there is recognition that such measures are essential if Wales is to play its part in helping the UK meet its commitments for carbon reduction.
The introduction of the new standards has however been anything but straightforward. New policy is supported ordinarily by clear technical guidance in the form of a Technical Advice Note (TAN). In this case however, while there has been a draft TAN on the new standards, the Assembly Government has yet to publish its final guidance.
Furthermore, with only a four month interval between the announcement of the policy and its introduction, there has been little opportunity for comprehensive training and explanation of what the standards mean on the ground for local authority planning officers and developers. The result is confusion.
For example, the policy statement requires all applicants to confirm that proposals will meet the new sustainability standards; it does not however require applications to be accompanied by a detailed technical sustainability assessment showing how the standards will be met. This is right and proper. These assessments are time consuming to complete, run to many thousands of pages and can be very costly. Developers are, quite understandably, reluctant to complete them in advance of an application being granted. However, in the absence of clear guidance, planning officers at local authorities are asking increasingly for full technical assessments at the time that the application is made.
As a result we at DPP are seeing well thought-out schemes that would have been given permission prior to the 1 September delayed as local planning authorities struggle to understand whether the proposals meet the policy requirements.
There is also confusion with regard to circumstances where the standards cannot be met, for example the refurbishment of listed buildings. The draft TAN guidance suggests that there would be exceptions permitted to the policy in such cases. Yet without a TAN in place, there is uncertainty whether local authorities are at present able to exercise their judgment on such matters.
Were this confused state of affairs to be an isolated event then it could be excused. However a similar level of confusion followed the introduction in June of requirements for all planning applications to be accompanied by detailed Design and Access Statements. Again, the changes were introduced with limited explanation and limited training provided for local authority staff.
The picture is therefore one of an increasingly confused and complex planning system in Wales time that is causing considerable frustration for all involved.
The Assembly Government has announced recently a review of the Welsh planning system and this is to be welcomed. One would hope however that this is a root and branch review looking not only at local authorities but at how the Assembly Government creates, consults and communicates its planning agenda. To miss this opportunity would be to potentially harm the ability of Wales to deliver the inward investment and sustainable development that we all want.