Planning and Infrastructure Bill and spatial development strategies: what changes do authorities need to know?

Spatial development strategies (SDS) are prepared by an elected mayor or a combined authority. They provide strategic policies for the development and use of the land in the area they cover. These plans could potentially play a key role in achieving the government’s objective of delivering 1.5m homes across this parliament. 

SDSs are not a new concept and have been previously explored through regional spatial strategies, such as the London Plan, but the government’s aim through the Planning and Infrastructure Bill – and in particular clause 47- is to leverage SDSs to deliver growth at a scale beyond local planning. 

In this article we set out the key elements of spatial development strategies and set out the mandatory requirements, as well as the preparation and examination process, for SDSs.

Key provisions of spatial development strategies 

The Planning and Infrastructure Bill sets out framework for SDSs by introducing new provisions into the Planning and Compulsory Purchase Act 2004 which shifts the responsibility for preparation of SDSs to combined authorities and, where these do not exist, upper-tier county councils and unitary authorities. 

The aim is to enable the government to establish strategic planning boards that prepare SDSs for areas spanning multiple authorities. In circumstances where the secretary of state considers it desirable for the SDS to relate to an area consisting of two or more principle authorities, they can direct that these authorities join together to form a strategic planning board. The SoS also has powers to intervene where a strategic planning authority is failing, including making altercations to an existing SDS or taking over preparation entirely. 

The scope and the content of an SDS should be kept as strategic as possible to allow the preservation of the role of local planning authorities – this will include preventative measures that prevent allocation on specific sites. 

Mandatory requirements

Once established, SDSs must satisfy the requirements set out in new section 12D of the Planning and Compulsory Purchase Act 2004. This includes a statement of strategic policies for the development and use of land in the relevant area along with a reasoned justification for the policies. 

The provisions in the SDS must also set out the time period that the proposed strategy will cover. They must also be designed to ensure that the use and development of the infrastructure takes into consideration the mitigation of any potential climate change affects and must also ensure environmental policies are embedded through the Local Nature Recovery Strategy. The strategy must also promote or improve the economic, social or environmental well-being of the area, this could include affordable housing provisions.

Preparation and examination

New sections 12E to 12L set out the preparation process for SDSs. The authority must first prepare and submit a draft SDS, consult on it and invite representations. 

A public examination will then be held to ensure that the draft strategy is tested independently before it's made operative. However, this examination shall be done by a person appointed by the secretary of state and the examiner determines the matters that are to be considered at the examination. This means that no person has a particular right to be heard at the examination. 

Following this, the draft must be submitted to the secretary of state prior to adoption, at which point they have six weeks to approve the SDS or direct any modifications. The authority should consider the examiners report and decide whether to make any of the recommended modifications. 

The SDS will not be operative until it has become adopted. Once adopted, it will form part of the authority’s development plan and must be reviewed periodically, with the potential for alterations as needed. 

Conclusion 

The core principle of SDSs – to address primarily infrastructure and housing – is one that will be welcomed by many. SDSs will provide a clear strategic framework that may identify potential areas for growth and infrastructure delivery. 

However, the requirement to engage with both SDSs at a strategic and site-specific level may introduce complexity and increase the risk of delays. To ensure that SDSs are used to their most optimum, authorities must ensure that they cover an appropriate geography, i.e. not too small or too large, where development can be optimised. 

For more information please contact our planning and infrastructure consenting team.