New outline planning permission: for better or worse

The well-established procedure of outline planning permission has survived attempts to abolish it, but is now likely to be revised. This article looks at the proposals and their practical consequences.

Background

Outline planning permission is immensely useful. It establishes the acceptability of proposed development in principle, without the full expense of detailed design. It provides the basis for securing funding in relation to PFI projects. It allows detailed issues such as the siting of individual buildings, external appearance, or the choice of building materials, to be discussed with the planning authority against the background that the principle of development is already established.

However, the Government has criticised the outline procedure for allowing developers to obtain consent without providing sufficient information on the proposals and their likely effects. This is especially so with "bare outline" applications which do no more than indicate the planning application boundary with a red line and provide no detailed information whatsoever.

The proposals

The Government is now in the midst of a consultation exercise on changes to the development system, aimed particularly at revising the arrangements for outline planning permission. It expects to publish the results of the consultation in late September 2005, followed by new regulations and guidance.

The Government intends that outline applications should demonstrate that the development proposed has been properly considered in the light of the characteristics of the site and the relevant planning policies.

There are two drivers for these reforms. First, that the planning system should allow for proper consideration of applications not only by planning authorities, but also with much greater involvement by local communities. Second, that all applications for outline planning permission must provide a level of information that allows the significant environmental impacts to be assessed.

The result is that much more information will need to be provided with applications for outline planning permission.

The detailed requirements

If the new arrangements come into effect, the Government will require applications for outline planning permission to include information on:

• use (i.e. the uses proposed by the development, and any distinct development zones within the application site);
• quantum of development (i.e. floorspace or number of units for each part of the overall application);
• indicative layout of the proposal (showing: buildings, routes, and open space, any separate development zones proposed, any individual blocks or building plots, how the development relates to buildings and other spaces surrounding the application site);
• scale parameters (indicating upper and lower limits for the height, width and length of each building in the development); and
• indicative access points to the site.

The Government is also proposing re-organisation of the reserved matters that can be left for approval by the planning authority after outline planning permission is granted. The current list is: siting, design, external appearance, means of access and landscaping of the site. The new list will comprise: layout, scale, appearance, access, and landscaping.

Design and access statements

The Government will also require the submission of a new design and access statement with both outline and detailed planning applications. This must explain and justify the design and access principles on which the development is based, and how these are reflected in individual aspects of the scheme.

This emphasis on design stems from Planning Policy Statement 1 (published by ODPM in 2004) which advises that the Government regards good design as a key element in achieving sustainable development, and indivisible from good planning.

The design and access statement will become a material consideration to the planning authority when deciding the application, and will also serve as a basis for the assessment by the planning authority of subsequent Reserved Matters applications.

The level of detail required in the design and access statement will depend on the scale and complexity of the application, but there will be a fairly substantial degree of overlap between the content of the design statement and the information that must also be provided with the outline planning application itself. The current list of issues to be covered within the design statement includes: the mix of proposed uses, quantum for floorspace and/or units, layout, dimensions of buildings, visual appearance, landscaping, and also the response to context (i.e. how the physical, social, economic and policy context of the development has informed its design).

The design and access statement will be required for all planning applications except for a change in the use of land or buildings, engineering or mining applications, or development within the curtilage of a single dwelling house.

Practical consequences

The Government's proposals will substantially increase the information required to support outline planning applications. This will increase the cost of establishing the principle of development on a particular site. The use of "bare" outline planning applications will have to end. Potentially all major planning applications will in effect become detailed. However, the provision of additional design information may reduce the scope for argument with planning authorities at the detailed approvals stage.

Outline planning permissions may become less susceptible to judicial review, provided that care is taken to ensure full compliance with the new requirements. If not, then outline permissions could become more, not less, challengeable.

Any clients contemplating outline applications in the latter part of this year should consider whether it is possible to incorporate material within the application which is "in tune" with the requirements which are likely to emerge.