Proposed amendments to planning under the Planning and Infrastructure Bill

Part 2 of the Planning and Infrastructure Bill proposes amendments to planning. The first article in our series addresses fees for planning applications, training for local planning authorities in England and the discharge of planning functions in England. This is done within three clauses - in this article we set out the proposed amendments in each.

Clause 44 - fees for planning applications

On fees, clause 44 sets out proposals for the secretary of state to make regulations authorising or requiring local planning authorities, and the Mayor of London, to set their own fees for planning applications. Fees are currently set nationally and whilst there is a modest increase for fees from 1 April 2025, it's hoped that the ability for local planning authorities to set their own fees, which will be ringfenced for use on planning services only, will provide the resources needed to improve a faltering system and help deliver on the government’s housing and growth targets. 

Under the proposals, the secretary of state will have power to direct the level of fees if she considers that the fee set by the local planning authority is inappropriate.

Clause 45 - training for local planning authorities

On the issue of training, whilst most local planning authorities’ constitutions require planning committee members to have received training before being eligible to sit on the committee, the Planning and Infrastructure Bill proposes regulations which mandate member training for planning functions. This is to be evidenced by a ‘certificate of completion’. Without such certificate, a member will not be able to take part in the exercise of planning functions or sit on the planning committee. 

The secretary of state will have powers to provide for accreditation for training courses and impose record keeping requirements.

Clause 46 - discharge of planning functions

Clause 46 of the Planning and Infrastructure Bill allows the secretary of state to make regulations which amend how a local planning authority discharges its functions, by imposing a nationally set scheme of delegation. This will determine which categories of application are to be determined by planning officers and which applications go to planning committee, specifying the size and composition of planning committees and enabling two or more local planning authorities to discharge their planning functions jointly.

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