Yes, folks, this looks both heavy AND boring ! But it will affect many BTL and BTS exponents on SP and elsewhere, so it's worth noting.
Changes to the planning system in the latest proposed planning reforms include very dangerous changes which are probably contrary to the Human Rights Act and certainly contrary to the rules of Natural Justice - in particular the element which says that no man should be judge in his own cause.
The Planning Bill suggests that decisions on major infrastructure proposals should go to an independent planning commission rather than be dealt with by the local planning authority. (That would take the decision on a new motorway or an extra airport runway at Stanstead out of the planning authority's hands altogether.)
More importantly in my view (and it is a view that LPA has already expressed to the Department of Communitiies & Local Government in response to a consultation it carried out) it proposes that "minor appeals" should be determined by Local Members Review Bodies.
These LMRBs would be made up of COUNCILLORS who would review officers' decisions on "minor schemes" (i.e. decisions by officers acting on delegated authority.)
But .... the officers and the councillors are both part of the planning authority. So you will have:-
(a) unqualified members reviewing officers' decisions, which they are totally incapable of doing. (Their planning committee decisions are made with and on the advice of their officers, for goodness sake !)
(b) The planning authority presiding over an appeal against its own decision ! (THAT is Stalinism if I ever saw it , and runs absolutely contrary to the rules of Natural Justice - a bit like Conway's missus deciding whether he broke the parliamentary expenses rules or not !)
Worse still, "minor schemes" is not defined. AFTER this bill becomes law, it will then be revealed what it means presumably. It could mean householder application for extensions, fences, a garage or a conservatory. Or it could mean anything up to and including a single dwelling ... or up to 5 dwellings come to that if some bureaucrat decides that 5 is a "minor scheme". (Major and Minor are, of course, relative. The definition could even be changed over time by ministerial order if the Act grants that power to the Secretary of State.)
Unless the work is exempted from planning regulations altogether, it will almost certainly include the kind of alterations additions and improvements to a dwelling that any Buy To Let or Buy To Sell afficionados on here may want to make as part of their enterprise and entrepreneurial initiative.
These proposals are extremely dangerous. Planning authorities are notoriously authoritarian, not to say plain obstructive in many areas. And the only appeal one would have against their decision on a "minor scheme" is to THEM !
This is plainly wrong. I hope the RTPI and the Planning Inspectorate can between them see this proposal off.