Devolution revolution: England's planning overhaul

Just before Christmas, the government issued the English Devolution White Paper, purporting to kickstart “the biggest transfer of power out of Westminster to England’s regions this century”. Local authorities are, in most cases, responsible for creating local planning policy and determining planning applications and as a result, any changes to the structure and geography of local authorities is likely to have a significant impact on the planning system in affected areas. In this article we consider some of the key elements of the white paper’s “devolution revolution” and its proposed impacts on planning in England.

The white paper sets out the government’s intention to create three types of Strategic Authorities:

Foundation Strategic Authorities: These include non-mayoral combined authorities and combined county authorities automatically, and any local authority designated as a Strategic Authority without a Mayor

Mayoral Strategic Authorities: The Greater London Authority, all Mayoral Combined Authorities and all Mayoral Combined County Authorities will automatically begin as Mayoral Strategic Authorities

Established Mayoral Strategic Authorities: Those who meet eligibility criteria as set out in the white paper may be designated as Established Mayoral Strategic Authorities

Strategic authorities will be responsible for producing or agreeing a Spatial Development Strategy (SDS) for their areas. The government’s drive to implement strategic planning swiftly means that in the absence of a strategic authority, the upcoming Planning and Infrastructure Bill (expected to be introduced in March 2025) will set out defined groupings of councils based on geographical criteria to deliver an SDS.

Local plans should be in accordance with the relevant SDS, though the white paper states that updates to local plans should continue as normal while SDSs are developed. SDSs are to be kept high level due to the ‘dual purpose’ of saving detailed policy and site allocations for local plans and to achieve the government’s aim for all areas to have an SDS by the end of this Parliament.

The government intends for all areas of England to eventually become Established Mayoral Strategic Authorities. This level unlocks further devolution and provides access to an Integrated Settlement Fund. This fund provides consolidated funding rather than through separate funding streams, so that the infrastructure and transport provision for new housing, for example, can be provided more effectively.

To further ensure that new development is delivered with the requisite infrastructure, mayors will be given the power to charge developers a Mayoral Community Infrastructure Levy. This levy also bestows mayors with development management powers such as the ability to intervene in planning applications of potential strategic importance.

Overall, strategic authorities and mayors will have increased decision control over matters involving transport, housing, and energy. Mayors will also be required to produce Local Growth Plans to clearly set out what is required for growth in their region and how relationships with central government and other bodies can facilitate this.

The reforms outlined in the white paper present an opportunity to streamline strategic issues such as housing, health, and employment. While there is some trepidation around transferring power from a local to a regional level, the white paper argues that the approach will increase efficiency across decision-making, funding and resourcing, which is certainly needed in the industry, although the ability for mayors to ‘call in’ planning applications could present an unforeseen risk of decisions being delayed. While we await to see how the reforms pan out over time we can expect a complex period of transition, with some local May elections likely to be postponed while local authorities decide on a configuration of strategic planning in line with the proposed changes

To discuss any of the matters discussed above or any other planning matter, please contact the team.