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Title:
Overview of the London Mayor's New Powers
Date:
01 - 12 - 2006
In 2005 the Secretary of State stated that the government would undertake a "review of the GLA powers to see where the strategic delivery of public services could be improved by further powers to the authority."
Current Planning Powers:
Development Plans
• Strategic Regional Planning Policy in London Plan - February 2004 – currently under review
• Local Plans must be “in general conformity” with the London Plan
• Mayor produces Supplementary Planning Guidance and Sub Regional Development Framework
Planning Applications
• Major development threshold over which Mayor is consulted upon receipt by LPA, he can then either state:
- No wish to be consulted again
- Wish to be consulted when Borough makes decision
• Following LPA decision - Mayor can direct refusal (but not approval)
Section 106 Agreements
• No power to intervene at present In November 2005 the government consulted on proposed options for change:
- No major change
- Limited change - power to modify Development Plan Documents (produced by Local Authorities) and to direct approval of planning applications
- Major change - Mayor effectively becomes Local Planning Authority (LPA) for major schemes including Section 106 lead
The government published in July 2006 final proposals on Mayor’s powers. In August 2006 the government consulted on proposed changes to thresholds and Mayor’s handling of planning applications. These powers, set out below, will be confirmed with legislation later this year.
Proposed Planning Powers:
• The Mayor will be able to direct changes to Boroughs’ programmes for the local development plans they produce.
• The Mayor will have a stronger say on whether draft local development plans are in general conformity to his London Plan.
• The Mayor will have the discretion to determine planning applications of strategic importance.
The Mayor’s tests for whether he should intervene are defined as follows:
• Does the planning application raise issues of a nature and scale that would significantly impact on the implementation of specific London Plans policies?
• Do the issues raised by the application have significant effects that go wider than a single borough?
The Mayor must take account of:
• Borough’s analysis of policies relevant to the application, and especially London Plan policies
• Borough’s track record on strategic applications
• Precedent for implementing a London Plan policy
Effects of the Changes:
There are a number of potential effects of these new powers on business. We are likely to see even greater density development, taller buildings and more focus on specific growth areas which the Mayor has identified. Contentious applications which have previously been held up at LPA planning stage could be granted permission by the Mayor for strategic reasons.
There are some potentially controversial effects from opposition from some or all London Boroughs (some have been long term opposition to the Mayor’s powers), and an increase in number of strategic applications as defined by the Mayor.
Proposed Other Powers:
As well as a strengthened role over planning in the Capital there will be new lead roles for the Mayor on housing and adult skills in London; and additional strategic powers in a wide range of policy areas including waste, culture and sport, health, climate change and energy and appointments to the boards of the functional bodies. The package also enhances the ability of the London Assembly to scrutinise the activities of the Mayor.
Summary:
These new powers are potentially good for property professionals and for business in London, with more development and identified growth areas. In many cases where the Mayor has come into disagreement with Local Planning Authorities over planning applications, this dispute will be more easily resolved, albeit in the Mayor’s favour! There is a danger that increased red tape and conflict between local and regional government in the Capital could cause delays in progressing schemes, however overall we consider the changes to the planning powers will positively affect the property industry.
tim_horsman@glhearn.com
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