Digital planning

Digital planning

In October 2023, the Levelling-up and Regeneration Act 2023 (LURA 2023) gained Royal Assent. LURA 2023 includes sections on data standards, data software and the digitalisation of many planning processes.

The Building Safety Act 2022 (BSA 2022) gained Royal Assent in April 2022. It sets out a building safety regime based on three gateways, where Gateway One is the planning process. It also provides for an approach to managing fire safety data that includes all stages of the building process, including planning.

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Latest Planning News

Court of Appeal confirms there is no duty on local planning authorities in Wales to adopt a local development plan which an inspector upon examination has recommended for adoption (Re Jones v Wrexham County Borough Council)

Planning analysis: Written by Brendon Lee, legal director at HCR Hewitsons.

Welsh Government's FCEC responds to NICW report on flood resilience

The Welsh Government’s Flooding and Coastal Erosion Committee (FCEC) has published its response to the National Infrastructure Commission for Wales (NICW)’s report, ‘Building Resilience to Flooding in Wales by 2050’. The FCEC welcomes the report's independent perspective and focus on long-term challenges, as well as its emphasis on adaptation, resilience, and equity. It also endorses several proposals, including the development of a 30-year national flood resilience strategy, the establishment of catchment partnerships, and the diversification of funding sources, among others. However, it expresses concerns about the report's limited consideration of the business community's role in flood risk management and the difficulties in implementing recommendations due to resource constraints and unclear ownership of responsibilities. The response also highlights the report's inadequate focus on flood warning systems and calls for flood risk management infrastructure to be recognised as part of national infrastructure. It further suggests prioritising recommendations related to catchment-based approaches, community empowerment, adaptation funding, and addressing planning limitations.

Law Society responds to MoJ call for evidence on judicial review of NSIPs

The Law Society has published its response to the Ministry of Justice (MoJ)’s call for evidence on the judicial review of nationally significant infrastructure projects (NSIPs). The response addresses recommendations from Lord Banner KC's independent review, which examined ways to reduce delays to infrastructure projects arising from legal challenges to development consent order (DCO) decisions. The Law Society opposes the recommendations to increase the permission threshold and reduce the permission stages to one, citing the need for further cost analysis. It also disagrees with the proposal to introduce a specialist NSIP ticket in the High Court, stating that it could lead to increased delays. However, it supports designating DCO challenges as 'significant planning court claims', implementing case management conferences, and establishing target timescales and key performance indicators. In addition, the Law Society recommends the provision of sustainable funding for the justice system, encouraging engagement with the pre-action protocol, strengthening the duty of candour, and promoting concession at the permission stage when appropriate to reduce unnecessary delays.

Planning weekly highlights—16 January 2025

This week's edition of Planning weekly highlights includes: draft regulations amending planning application fees in England, analysis of a Court of Appeal case on evidence to change a definitive map, the planning aspects of the AI action plan, analysis of the changes introduced by the revised NPPF and the planning aspects of reforms to boost farmer profitability and food production.