C1PART 6Planning in England
Planning permission etc
I1154Planning freedoms: right for local areas to request alterations to planning system
1
If the following conditions are met, the Secretary of State may by regulations make a planning freedoms scheme, having effect for a specified period, in relation to a specified planning area in England.
A “planning freedoms scheme” is a scheme that disapplies or modifies specified planning provisions in order to facilitate an increase in the amount of housing in the planning area concerned.
2
The first condition is that the relevant planning authority or authorities have requested the Secretary of State to make a planning freedoms scheme for their area.
3
The second condition is that the Secretary of State is satisfied—
a
that there is a need for a significant increase in the amount of housing in the planning area concerned,
b
that the planning freedoms scheme will contribute to such an increase, and
c
that adequate consultation has been carried out.
4
The third condition is that—
a
the relevant planning authority or authorities have prepared a summary of the views expressed in the consultation referred to in subsection (3)(c), and
b
the Secretary of State has considered that summary.
5
For the purposes of subsection (3)(c) consultation is “adequate” only if—
a
the relevant authority or authorities publish an explanation of what the proposed planning freedoms scheme is expected to involve, and
b
persons in the planning area concerned, and other persons likely to be affected, have a reasonable opportunity to communicate their views about the proposed scheme.
6
The Secretary of State may decide to restrict the number of planning freedoms schemes in force at any one time (and accordingly is not required to make a scheme merely because the conditions in this section are met).
7
The Secretary of State may by regulations bring a planning freedoms scheme to an end, and must do so if the relevant planning authority or, as the case may be, any of the relevant planning authorities so request.
8
In this section—
“planning area” means the area of a local planning authority, or an area comprising two or more adjoining areas of local planning authorities;
“planning provision” means a provision to do with planning that is contained in or made under any Act;
“relevant planning authority” means the local planning authority for an area that is or forms part of a planning area;
“specified” means specified in regulations under subsection (1).
Pts. 6, 7: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)