Delivering the value of planning: new report says stronger planning authorities will create better places

plan drawing

This month, the Royal Town Planning Institute (RTPI) has published a significant report suggesting ways in which good planning can deliver sustainable economic growth and tackle the country’s housing shortage.

Delivering the Value of Planning argues that properly resourcing councils’ planning teams, improving respect for planners and strengthening their influence, will lead to more and better development.

The challenges facing planners

The report contends that thirty years of almost continual changes in planning policy and regulation, along with cuts to local government budgets, has left the UK “incapable of consistently delivering good quality new places.”

The researchers also express concern about the widespread perception that planners act as a brake on new housing, economic growth and entrepreneurial activity:

Many changes have been informed by the flawed notion that planning has held back an otherwise efficient, self-regulating market that, if increasingly freed from its constraints, would be able to more rapidly deliver development.”

The impact of these challenges on planners themselves may be seen in the results of an RTPI survey, which found that:

  • nearly three-quarters (73%) think that constant changes to planning have hindered their ability to deliver good places;
  • more than half (53%) think that these changes have hindered housing development;
  • nearly 70% think that they are less able to deliver the benefits of planning compared to 10 years ago.

The report’s focus is on England, and the authors note that the policy debate around planning in Scotland, Wales and Northern Ireland has generally been more positive and constructive. But they observe that here too planning in many ways “remains under valued, under resourced and under used as a positive enabler and facilitator for development.”

Where planning works well

Throughout the report, the authors argue that effective and proactive planning can deliver considerable economic, social and environmental benefits for society, including:

  • providing clarity and confidence for investments;
  • improving the quantity and quality of land for development and construction;
  • delivering more and better housing development;
  • lowering the cost of overall development and opening up opportunities for new development.

To demonstrate the contribution of planning to the creation of successful places, the report showcases five award-winning developments in the UK:

  • Cranbrook in East Devon – a new community created by proactive planning set to provide 7,500 homes over the next 20 years;
  • Brindleyplace in Birmingham – an urban renewal development which has preserved the area’s heritage whilst revitalising it to attract new business and leisure uses;
  • Upton in Northampton – a high quality urban extension comprising 1,350 homes, with a commitment to exemplary urban design and environmental sustainability;
  • Norwich Riverside – a large regeneration project which has transformed a former industrial site into a successful major residential, retail and leisure development;
  • Fairfield Park in Bedfordshire – where the local authority has played a crucial role in shaping a high quality, attractive development with a strong sense of community and good facilities.

Rising to the challenge: what needs to be done

Delivering the Value of Planning says there is an urgent need to take stock of the UK’s planning systems, and to debate alternative futures that might produce better results. It advocates three key steps in this direction:

  • planners need to raise greater awareness about how better economic as well as social and environmental outcomes can be delivered through well-planned development;
  • national and local government needs to consider the particular powers, resources and expertise that planning services require;
  • in both research and policy, the value of planning needs to be analysed to understand how its economic, social and environmental benefits can be maximised.

The report argues that planning authorities are in a good position to exercise leadership, and to think about places in ways that the private sector often cannot:

  • bringing together agencies, government bodies and service providers, to identify and deliver the best long-term outcomes across different policy areas;
  • setting and enforcing high standards of building design;
  • providing for public and green spaces to enhance the attractiveness of an area to residents, businesses and visitors;
  • removing risks and obstacles to development, such as contaminated land.

In the midst of a national housing shortage, the report calls for a stronger role for public sector-led developments, pointing to examples of good practice in Manchester, Norwich and Birmingham which have delivered more and better housing and development.

Realising the potential of planning

The RTPI report reinforces the planning profession’s strong conviction that planning is a solution, rather than a problem.

 “If the full benefits of planning are truly to be realised, we need reforms that exploit its true potential to reconcile economic, social and environmental challenges through positive and collective action, and which confront those sectoral interests that seek only short-term, self-interested solutions.”


Idox continues to support council planning departments through its land and property solutions.

We are also sponsoring three of the RTPI’s Awards for Research Excellence this year – the Sir Peter Hall award for Wider Engagement, the Planning Consultancy award and the Student award. The results will be announced on Wednesday 7 September 2016.

Who decides and interprets planning policy … planners or lawyers?

Image from Flickr user Sebastian Niedlich, licensed for reuse under a Creative Commons License

Image via Flickr user Sebastian Niedlich, licensed for reuse under a Creative Commons License

By Morwen Johnson

Nathalie Lieven QC, barrister at Landmark Chambers, spoke at the RTPI’s 2015 Planning Convention on the shifting relationship between planners, policymakers and lawyers. Nathalie regularly appears at public inquiries and planning challenges in the High Court, appearing for both developers and local authorities.

Discussing the massive upsurge in litigation in planning, personified in the creation of the Planning Court in 2014, Nathalie suggested there had been a power grab by lawyers over the planning system in the last few years. She highlighted two main reasons: the decision of the Supreme Court in Tesco v Dundee City Council [2012] UKSC 13, and the introduction in England of the National Planning Policy Framework (‘NPPF’).

Recent shift in power

Prior to the Tesco case, interpretation of planning policy was seen as the task of the decision-maker. Cases only went to court if this interpretation was seen as ‘unreasonable’. This approach makes sense if you consider that planning policy tends not to have the level of semantic detail that is expected in law, and is also a recognition that application of policy can be different in different contexts.

The Supreme Court ruling however was that interpretation of policy in the case was a matter for the court and policy should be interpreted objectively. The aim may have been to create intellectual clarity and better decision-making, but the ruling has coincided with the introduction of NPPF, which is in some parts obscurely worded and also contradictory. With many development plans out of date, NPPF has become the critical determining document in planning appeals.

Particularly in residential housing appeals, the system now relies on both the interpretation of words in the NPPF and also previous rulings by High Court judges as to what the words mean. In respect of development planning, plans now get limited scrutiny and the role of the court also becomes more important. In the short-term therefore, power over planning decisions has shifted to the centre, in marked contrast to the Westminster government’s support for localism and devolution.

The role of the court is creating, in Nathalie’s words “a straitjacket for decision-makers, which limits their ability to apply policy flexibly”.

How local authorities can regain the balance of power

She suggested however that it is worth remembering that in the Tesco case, the Supreme Court was careful to say that the issue related to the application of policy to a given set of facts, rather than interpretation of policy generally.

Planning authorities can therefore turn the ruling to their advantage by drafting planning policies in a hard-edged way. As policies need to be applied in a consistent and objective way, the clearer the development plan, the less room for appeal.


Morwen Johnson is Managing Editor of the Scottish Planning and Environmental Law Journal, which is published by Idox.

More information on the journal and how to subscribe can be found here.

June issue of Scottish Planning & Environmental Law out now

train tunnel

The Knowledge Exchange publishes a bi-monthly journal covering all aspects of planning and environmental law in Scotland. SPEL Journal (Scottish Planning & Environmental Law) launched over 30 years ago and is one of the leading information sources on land use planning and environmental legislation across the country. Continue reading