The Government has today confirmed the types of business and commercial projects which could be authorised under the fast track process established in the Planning Act 2008 to authorise infrastructure schemes.

As part of a package of planning reforms intended to stimulate economic growth, provision was made in the Growth and Infrastructure Act 2013 to allow some business and commercial projects to be authorised in the same way as for nationally significant infrastructure projects under the Planning Act 2008.

Public consultation on which types of business and commercial projects should be able to take advantage of these arrangements closed in January 2013 and the Government published its response and proposed way forward today.

Regulations will be needed to implement the changes. They are due in draft in October 2013.

What types of business and commercial projects are eligible?

There will be no compulsion to use the 2008 Act procedure instead of the conventional planning system, but projects within the categories listed in the table overleaf will be eligible to do so at the developer's request and the Secretary of State's discretion in each individual case.

Absolute eligibility thresholds will not be specified in regulations. Instead the Secretary of State will set out indicative thresholds and other factors relevant to his decision as to whether or not the 2008 Act procedure may be used. The indicative thresholds are expected to reflect those in the consultation document except for the minerals threshold which is expected to be increased from 100 to 150 hectares.

Unlike for infrastructure projects there will no national policy statements covering the types of projects subject to these arrangements.

What types of business and commercial projects are not eligible?

  • coal and oil/gas development was proposed for eligibility in the consultation document but has been dropped at this stage. Shale gas extraction schemes are therefore not included, although Government guidance on shale gas extraction is due in July 2013.
  • retail led development will not be subject to these arrangements; and
  • development that includes any housing element remains outside the procedure.

Implications

There will no compulsion to use the Planning Act consenting route for any business and commercial schemes. The developer can request that it be used and the Secretary of State must then decide whether the use of the procedure is appropriate. In addition, for projects in London, the consent of the Mayor is required.

It will be for a developer to consider the advantages and disadvantages of using the 2008 Act process instead of the conventional planning process. That decision will turn upon a variety of factors including, for example, the number of consents that will be needed if the 2008 Act process is not used, the need for compulsory purchase powers and the attitude of the local authorities involved.

The new arrangements will not affect the Secretary of State's power to call in applications as an alternative to determinations being made by the local planning authority.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.