When LURA is fully in force, it could bring about significant changes to the planning system. The Act aims to accelerate the planning system, ensure developers are held accountable, reduce bureaucracy, and prompt more councils to implement plans for constructing new homes. Other parts of the Act are aimed at revitalising town centres and generally improving infrastructure.
This post looks at some of the key sections dealing with planning data that are contained in Chapter 1 of Part 3 of LURA. They came into force on 31 March 2024.
Exploring the Planning Data Provisions
Section 84, at the head of Chapter 1, is one of the provisions now in force. In this section, “planning data” is defined “in relation to a relevant planning authority” as “any information which is provided to, or processed by, the authority.
(a) for the purposes of a function under a relevant planning enactment, or
(b) for any other purpose relating to planning or development in England.”
The legislation empowers an “appropriate authority,” which is the Secretary of State or a devolved authority or a combination of the above, to make “planning data regulations.” These will require a relevant planning authority to process information in accordance with specified “approved data standards.” These are written standards published by an appropriate authority containing technical information or other requirements.
Section 85, now also in force, empowers a relevant planning authority to issue and serve a notice on a person who fails to comply with its requirements to provide specified planning data in accordance with approved data standards. The information can even be rejected in total or in part. Planning data regulations may provide more provisions about how the power to issue such notices is exercised. This is likely to directly impact the submission of planning applications.
In addition, Section 86 has come into force. This deals with the power to require certain planning data to be made publicly available. Under this section, the appropriate authority has the power to make regulations dealing with how data provided to or processed by planning authorities will be made public under an approved open licence.
Summary
While these sections are now in force, more regulations will be required to bring about the practical steps they entail. However, the commencement order can be seen as a first step towards creating a more uniform digital planning system. This could bring with it improved accessibility to planning data. The way planning applications are prepared and submitted is likely to change.
It remains to be seen whether, once the necessary regulations are made, this focus on approved data standards and public availability of planning data is a real opportunity to increase the accessibility of the planning system and help it run more smoothly. On the other hand, the additional regulations may just add one more layer of bureaucracy.
Click here to find the Levelling Up and Regeneration Act 2023.
