New Orders: Using Development Orders to Get Britain Building
Neither of the main two political parties in the UK are prepared to deliver comprehensive planning reform. Labour’s King Speech contained no legislation for it, even though the party has a large majority in the House of Commons;
Existing efforts to get around the planning system without primary legislationhave proven slow, expensive, and incapable of delivering new housing on the scale required to address the crisis;
The principal barrier to proper planning reform is that neither Labour nor the Conservatives is prepared to implement a national overhaul that upsets its own MPs;
Yet the most potent weapon in the Government’s arsenal has been under-utilised: issuing Development Orders under Section 59 of the Town and Country Planning Act 1990;
These allow the Secretary of State either to grant planning permission to a specific project, or to any project in a defined area that meets whatever conditions are attached to the Order;
At present, this regime is used only to provide limited Permitted Development rights for home modifications and a few other uses, but it could be much more widely applied, including to both the ‘Grey Belt’ and New Towns proposals in Labour’s manifesto;
A Development Order-led strategy would bypass many of the friction points that bake costs and delays into the planning system, allowing ministers to unlock higher volumes of more attractive housing at pace – and only where they can get away with it politically.