Crown Land: Planning Permission for Development
(Limited Text - Ministerial Extracts only)
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The Minister for Housing and Planning (Matthew Pennycook)
Planning is principally a local activity, but it is a well-established principle that in limited circumstances, and where issues of more than local importance are involved, it is appropriate for the Secretary of State to make planning decisions.
Recent experience, including the response to covid-19, has exposed that the existing route for securing planning permission on Crown land, namely the urgent Crown development route under section 293A of the Town and Country Planning Act 1990 introduced in 2006, is not fit for purpose, and it is telling that it has never once been used.
I am therefore confirming today that the Government will implement two new routes by which Crown bodies can apply for planning permission for development on Crown land in England, as legislated for through the Levelling-up and Regeneration Act 2023.
The first route, referred to as the Crown development route, will allow planning applications for Crown developments which are considered of “national importance” to be submitted to the Planning Inspectorate directly instead of to local planning authorities.
Allowing such planning applications to be determined in this manner will allow for a more timely and proportionate process. Applications taken through this route will still be determined on the basis of their planning merits, with due consideration of local and national planning policy, and local communities and local planning authorities will still be fully engaged throughout the decision-making process and their views taken into account.
This process will be led by an independent planning inspector, with the inspector usually taking the decision, with provision for the Secretary of State for Housing, Communities and Local Government to make the final decision where deemed appropriate.
The second route, an updated urgent Crown development process, will enable applications for “nationally important” development that is needed “urgently” to be determined rapidly under a simplified procedure. Applications under the urgent route will be submitted to, and dealt with directly by, the Secretary of State for Housing, Communities, and Local Government.
The Government believe that it is vital to ensure these routes are in place, and it is our sincere hope that it will remain a matter of cross-party consensus that where circumstances warrant it, decisions on nationally important development by the Crown can and should be made appropriately at the national level.
However, as I argued in opposition during the passage of the Levelling-up and Regeneration Act, it is imperative that such powers are used only where necessary, and that appropriate safeguards to their use are put in place. Where they are used, I also want to ensure there is transparency not just with those involved, but with Parliament. In implementing these routes, we have been careful to account for both points, which I will address in turn.
First, these new routes can only be used if the Secretary of State for Housing, Communities and Local Government considers the proposed development from a Crown body to be of “national importance”. To this end, all applications must be accompanied by a statement setting out why the development is considered to meet that criteria.
The Secretary of State will in general only consider a development to be of national importance if, in her opinion, the development would:
involve the interests of national security or of foreign Governments;
contribute towards the provision of national public services or infrastructure, such as new prisons, defence, or border infrastructure;
support a response to international, national, or regional civil emergencies;
or otherwise have significant economic, social, or environmental effects and strong public interest at a regional or national level.
For urgent Crown development, the Secretary of State must in addition be satisfied that the development subject to the application is genuinely needed as a matter of urgency. The Secretary of State will only consider this to be the case where the applicant can demonstrate the need for an expedited planning process. The applicant will need to demonstrate that the proposed development will need to be made operational to an accelerated timeframe that is unlikely to be feasible using other application routes, including Crown development, and will need evidence of the likely consequences of not securing a decision within the accelerated timeframe.
Secondly, where these routes are used, the Government are committed to ensuring proper transparency at every stage. This will take the form of three distinct steps:
First, where an application is accepted by the Secretary of State, the relevant Members of Parliament will be notified at the same time as the applicant and the relevant local planning authorities. A notification will also be deposited in the Libraries of both Houses and will include details as to where the application can be viewed and the process that will follow.
Secondly, at the point of decision, and again at the same time as the applicant and relevant local planning authorities, the relevant Members of Parliament will be notified of either the grant or refusal of planning permission, and this letter will also be deposited in the Libraries of both Houses.
Thirdly, on an annual basis, I will publish a report of all decisions taken under these routes, including a link to the decision letters, which again will be deposited in the Libraries of both Houses.
I am confident that, taken together, these steps will ensure Members are properly appraised of any applications being considered through these routes that relate to their constituencies, and will provide the House as a whole with the opportunity to consider and scrutinise their general operation. The Government will keep these steps under review as the routes begin to be used.
Finally, with regards to implementation, I have today laid draft regulations which make consequential amendments to the Town and Country Planning Act 1990, and other primary legislation, as well as to planning application fee regulations, to reflect the two new Crown development routes.
These regulations are subject to the affirmative procedure, enabling Parliament to debate them. To support scrutiny ahead of parliamentary debates, I will publish in draft the regulations setting out the procedures for both routes, which will be laid following parliamentary approval of the affirmative regulations. Our aim, subject to parliamentary approval, is to bring both routes into force in April 2025. Further guidance will be published on the operation of the two routes closer to implementation.
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