Housing secretary Michael Gove has written open letters to 10 local planning authorities warning them that their underperformance puts them at risk of having to refer major applications for planning permission and reserved matters consent directly to him.
The local planning authorities, which include Calderdale Council, Cotswold District Council and Portsmouth City Council, have been warned by Gove that they must “demonstrate improved performance by June 2023” or face designation under S62A of the Town and Country Planning Act 1990.
S62A allows applications for planning permission and reserved matters consent to be made directly to the secretary of state where the local planning authority for the area has been designated for this purpose. Last year, Uttlesford District Council became the first local authority in seven years to be placed under such special measures.
In the letters, sent on 12 April, Gove wrote: “I expect the performance of your planning service to exceed our performance thresholds and stay above it consistently.
“I will monitor your performance closely and, if during this period your performance falls below the required threshold, I will not hesitate to use my powers to designate your council later this year.”
Nicola Gooch, partner at Irwin Mitchell, said that Gove was “not giving these councils very long to turn things around”.
She added: “This would be the largest number of authorities put into special measure at the same time in my career. While it is good to see that the government is taking local authority planning performance seriously, and there is a problem there, I’m not sure this will do anything to help the root causes of those problems.
“They are not being given an adequate period of time to realistically show improvements, in the current climate – which is a climate where local authorities are being expected to respond to a very, very rapid changing policy and regulated environment.”
Paul Brailsford, planning partner at Freeths, said: “Michael Gove’s letter to the 10 local planning authorities identified as underperforming is the tip of the iceberg. Underperformance in real terms is far more widespread and the 70% threshold for applications dealt within time is simply too lenient.
“One of the consequences here is further strain on the appeal system as determination at appeal is often seen as the only option. However, timescales for the determination of appeals are rising, the Planning Inspectorate is taking strike action so no quick fix by appeal.
“It will be interesting to see if any of the authorities are actually designated if they fail to improve by the stated June deadline but in reality something far more fundamental is needed if things are to genuinely improve for the better.”
The other authorities to have received the letters are Pendle Borough Council, Peak District National Park Authority, Hinckley and Bosworth Borough Council, Epsom and Ewell Borough Council, Guildford Borough Council, Waverley Borough Council and Vale of White Horse District Council.
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