Draft Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment and Transitional Provision) Regulations 2025

Lewis Cocking Excerpts

Tuesday 25th February 2025 General Committees

[Matthew Pennycook]

I thank both the Liberal Democrat spokesman and the shadow Minister for their contributions. I note that the shadow Minister does not feel strongly enough about the reforms to formally divide the Committee, but he makes a number of pertinent challenges and asks a number of questions that I will seek to answer.

Both Members outlined the problem we face, which is that local planning authorities are significantly under-resourced and hard pressed. On planning application fees, despite the increases made by the previous Government in December 2023, we have a funding shortfall across the whole of England of £362 million. That is the problem we are attempting to address with the regulations. Fees were consolidated in 2012 by the coalition Government and have been increased only twice since, in 2018 and 2023. Importantly, prior to changes in 2023 that will come into effect on 1 April, they were never index linked, so they have never risen with inflation. As such, the gap between the cost of processing an application and the fees charged has widened over time.

The Government propose, through the regulations, to increase the fees on certain types of applications, which as I said in my opening remarks constitute the bulk of applications to local authorities, where the funding shortfall is most acute. The current fee of £258 on householder applications—just to give the shadow Minister a sense of the shortfall we are talking about—covers less than half the cost of processing the application to the local authority. As I have said, we think it is right in principle that taxpayers should not bear that burden, but the people making the application who will directly benefit from consent once it is processed. The planning application fee represents a small proportion—as I said, less than 1%—of typical overall development costs and, through permitted development rights, certain types of applications incur no fee at all.

The shadow Minister rightly raised ringfencing. The Government are clear that they expect the income from planning fees to be retained and directly invested in the delivery of planning application services. Managing public money principles should ensure that planning fees are effectively ringfenced. We believe that they are in most instances, but I have heard anecdotal accounts of planning fees being used to cross-subsidise other council services. We are therefore considering ringfencing as part of the Government’s longer-term plans for planning fees, which will enable local planning authorities to set their own fees.

On performance, in return for increasing planning fees, we expect local authorities to invest more in their planning service to deliver better performance. We are able to monitor, and will continue to monitor, the performance of local planning authorities through the planning performance dashboard and the quarterly planning statistics seen by the Department. The planning performance regime ensures that underperforming local planning authorities are held to account. The previous Government took action in that respect and we stand ready to do so where necessary.

Both Members raised concerns about general funding for local authorities. The Government are under no illusions about the scale of the financial issues facing councils and the potential for continued instability as we work to fix the foundations of local government. That is why we have a framework in place to support councils in the most difficult positions and why we work on a collaborative basis to help councils to manage their financial challenges.

Lastly, let me say something about local fee-setting. As we have said, it is important that local planning authorities are well resourced so they can deal with planning applications efficiently and do not hold up the development necessary for economic growth.

[Lewis Cocking (Broxbourne) (Con)]

I draw the Committee’s attention to my entry in the Register of Members’ Financial Interests as a local councillor. The Minister proposes to increase fees, but from my understanding they will not go to full cost recovery. Will he set out why they are taking a leapfrog approach and not going to full cost recovery, if that is indeed where the Government want to get to?

[Matthew Pennycook]

We think we are striking the right balance between increasing fees on the type of applications outlined in the regulations and making it very clear that nationally set planning fees can never be set in a way that covers every local authority’s costs for their planning application service, because costs vary between local authorities. The hon. Gentleman will be fully aware of that in his role. We think the only way to do this is ultimately for local planning authorities to be able to set their own planning fees. As I said, we intend to introduce a power in the proposed planning and infrastructure Bill that will enable local planning authorities to set their own fees, so that they will be able to recover their costs for their planning application services.

The proposed increases in fees are necessary and timely. The changes address the critical funding shortfalls faced by our local planning authorities and will provide them with the resources they need to deliver improved services in the short term. I hope the Committee will welcome them. As I have made clear, they will help to ensure that our planning system is faster and more efficient, and better equipped to facilitate our ambitious plan for change milestone of building 1.5 million new homes in this Parliament.

Question put and agreed to.