After a flurry of activity in the planning sphere at the end of 2023, 2024 has the potential to bring significant amendments to the planning system both with the introduction of new legislation, national guidance and more. Below our are three areas to watch in 2024 in the world of planning.
Levelling Up and Regeneration Act 2023 (LURA)
The LURA received Royal Assent on 26 October 2023, however many sections of the Act are yet to come into force and are dependent on the detail coming forward through regulations. In particular, regulations are expected during 2024:
- seeking to streamline and simplify plan making (see here for further details);
- to effect the replacement of the existing EU-based Strategic Environmental Assessment and Environmental Impact Assessment with Environmental Outcomes Reports (see here for the current position); and
- setting out how the proposed new planning levy on development, the “Infrastructure Levy”, will function (see here how the Infrastructure Levy compares to the existing Community Infrastructure Levy).
Secondary legislation is also expected during 2024 to bring into effect provisions of the LURA that would expand options for varying planning permissions (see here) as well as tightening the planning enforcement regime, including by extending the limitation period for planning enforcement to 10 years (see here for further details).
Only time will tell whether all of the provisions of the LURA are ultimately adopted and whether these legislative changes genuinely translate to a more effective planning regime.
Biodiversity net gain
The requirement that (nearly) all new developments will be obliged to secure a minimum 10% biodiversity net gain is anticipated to come into force this month, with biodiversity net gain requirements for small sites anticipated to come into force in April 2024. Please see here for our summary of the latest guidance (published in November 2023). With a number of Local Authorities looking to introduce a percentage net gain higher than the mandatory 10%, it will be interesting to see whether this threshold deters developers from seeking to pursue development.
Nutrient neutrality
Where there is potential for harm to a habitat’s site due to additional nutrients, for example as a result of new homes, additional nutrient impact from any development must be mitigated (see here for an explanation of how nutrient neutrality is preventing development from coming forward in certain areas). Following a defeat in the House of Lords in September 2023, the Government has been forced to reconsider its approach to nutrient neutrality.
On 19 December 2023, the Department for Levelling Up, Housing and Communities announced that the first tranche of the Local Nutrient Mitigation Fund (LNMF) of up to £57 million in capital funding was being made available to 8 different “nutrient catchments” (including Solent and River Itchen, River Lugg (sub-catchment of the River Wye) and Stodmarsh) with further funding rounds to be opened in 2024. The intention is that the funding will allow Local Authorities to bring forward mitigation schemes to unlock stalled housing delivery due to issues of nutrient neutrality. It is not yet clear how quickly these schemes will be brought forward.
The LURA introduced amendments to the Water Industry Act 1991 compelling sewerage undertakers to upgrade nitrogen and phosphorus significant plant (see here for further details). Although these provisions came into force on 26 December 2023, the nature of the amendments is long term so it is unlikely that the benefits will be seen in 2024.
