Licensed to Il

50 Shades of Planning

Think back for a moment to August 2020, to the ‘Planning for the future’ white paper, and to then Prime Minister Boris Johnson’s desire for “radical reform unlike anything we have seen since the Second World War. Not more fiddling around the edges, not simply painting over the damp patches, but levelling the foundations and building, from the ground up, a whole new planning system for England.”

Alongside proposals for “growth, renewal and protection areas” and a new nationally-determined, binding housing requirement that LPAs would have to deliver through their local plans, the white paper proposed to replace the “uncertain and opaque” methods by which developer contributions are sought with a “non-negotiable, nationally set, value-based, flat-rate charge equal to a fixed proportion of the development’s value, above a yet-to-be-determined threshold, that would be levied on the scheme's completion.”

This new infrastructure levy would “deliver more of the infrastructure existing and new communities require whilst maintaining at least as much affordable housing by capturing a greater share of the uplift in land value that comes with development”.

Further details of the now locally-determined Infrastructure Levy emerged in May last year alongside the Levelling Up & Regeneration Bill, which will provide the legislative basis for it. Then, on 17 March this year a consultation was launched seeking views on technical aspects of the design of the Infrastructure Levy.

Friend of the podcast, Simon Ricketts, convened one of his Planning Law Unplanned Clubhouse sessions on 19 April to discuss the Infrastructure Levy with a stellar panel that included Clare Fielding, Sasha Gordon, Sam Bensted and Anthony Lee. They have all kindly agreed to let Sam Stafford share a recording of their discussion for this episode.

In the Clubhouse room that day and from whom you will also hear contributions were Nicola Gooch and Gilian MacInnes.

The discussion takes in rate-setting, thresholds, buffers, the examination of Infrastructure Delivery Strategies and the impact on the delivery affordable housing.

Some accompanying reading.

Technical consultation on the Infrastructure Levy

https://www.gov.uk/government/consultations/technical-consultation-on-the-infrastructure-levy

Land Value Capture (the Select Committee report)

https://publications.parliament.uk/pa/cm201719/cmselect/cmcomloc/766/766.pdf

How far can land value capture be pushed? (The Savills report)

https://www.savills.co.uk/research_articles/229130/267514-0

Joint letter to the Secretary of State on the proposed Infrastructure Levy (from the NHF)

https://www.housing.org.uk/news-and-blogs/news/joint-letter-to-the-secretary-of-state-on-infrastructure-levy/

Council's planning service has no way of tracking developer contributions worth millions of pounds, report finds

https://www.northantslive.news/news/northamptonshire-news/councils-planning-service-no-way-8323143

Community Infrastructure Levy review: report to government

https://www.gov.uk/government/publications/community-infrastructure-levy-review-report-to-government

Some accompanying listening.

Fight For Your Right by the Beastie Boys

https://www.youtube.com/watch?v=T6-lDqGZJ_0

50 Shades T-Shirts!

If you have listened to Episode 45 of 50 Shades of Planning you will have heard Clive Betts say that...

'In the Netherlands planning is seen as part of the solution. In the UK, too often, planning is seen as part of the problem'.

Sam said in reply that that would look good on a t-shirt and it does. Further details can be found here: http://samuelstafford.blogspot.com/2021/07/50-shades-of-planning-t-shirts.html

50 Shades Artwork.

The image of the Piece Hall is used with the kind permission Ellis Robinson (I: @ellisjrobinson) and has been turned into the 50 Shades logo by friend of the podcast Vicky Payne (I: @_.vicky_payne._).