The Government has launched a consultation paper on powers for the Mayor of London to decide planning applications of major strategic importance. Waste management gets particular mention in relation to the Mayor’s recommended powers.
The consultation asks for views on how the proposed new planning powers will work bestin practice. It refers especially to three areas for comment, these being:
· The thresholds which define planning applications as being of potential strategic importance and hence must be referred to the Mayor.
· A policy test for the Mayor to apply to those applications he sees so as to decide whether he can justify intervention.
· Changes to some of the processes and procedures for referral of applications to the Mayor.
Ruth Kelly said:
“London boroughs will continue to be responsible for deciding the vast majority of planning applications in the capital and we recognise the crucial role they have in representing their communities. But we believe in a limited number of cases, the Mayor is best placed to determine the application given his responsibility for regional planning in the capital as a whole. This makes clear sense where an application raises issues that go to the heart of the strategic development of London.
"We are committed to putting in place robust and clear procedures. We will ensure that local views are fully taken into account for all applications, including those the Mayor would decide. We believe these proposals strike the right balance by considering both the strategic and local interests to the benefit of all Londoners."
Threshholds
The current thresholds are set out in a Mayoral Order1 and are said to have generally worked well. Boroughs and developers “understand them” and broadly they capture those applications that could raise issues of strategic importance. Therefore the Government is not proposing significant change from the current thresholds other than in relation to applications for waste facilities, according to the Department of Communities and Local Government (DCLG). In relation to waste facilities, Government proposes change to support a more strategic and sustainable approach to waste management in London.
The Mayor’s new powers
Under the proposed new powers the mayor will:
· be able to direct changes to boroughs' programmes for the local development plans they produce.
· have a stronger say on whether draft local development plans are in general conformity to his London Plan.
· have the discretion to determine planning applications of strategic importance.
Waste management
The Mayor will be allowed by changes to ensure to a greater degree that the London Plan waste policies are appropriately implemented through a more coordinated approach. This approach to planning for London’s waste facilities should aid the diversion of the capital’s waste from landfill, thereby helping to meet the UK’s European Landfill Directive targets which occur initially in 2010.
The Landfill Allowance Trading Scheme provides a strong statutory incentive for authorities enhanced landfill diversion schemes through improvements and movement is being made along these lines.
Should London fail to meet its obligations under the Landfill Allowance Trading Scheme, it is certain to face fines of £150 for every tonne of biodegradable municipal waste (BMW) in excess of its allowance.
If the UK failed to meet its targets under the EU Landfill Directive it would face infraction penalties of up to £0.5 million per day and Government has made clear it will pass on any penalties to those authorities that fail to meet their landfill obligations. However it is not yet clear whether this latter penalty will be offset by fines previously imposed under the LATS system
The Greater London Authority
The Greater London Authority was created in 2000 and is made up of a directly
elected Mayor and a separately elected Assembly. The Mayor is responsible for strategic planning in London including the production of a Spatial Development Strategy for London (the London Plan). This provides a framework for the various boroughs’ Local Development Frameworks and sets out the spatial context for the Mayor’s overall policies and strategies.
The Mayor has to ensure that the overall planning interests of the Capital as a whole are taken into consideration within the policies and decisions of central and local government and of other relevant bodies internal to London and in the surrounding areas.
The consultation closes on 2 November, 2006 following which Ministers will finalise how the Mayor’s new planning powers will operate in practice. Legislation and guidance will need to be introduced to implement the Mayor’s new planning powers.
Details of the full package of enhanced powers for the Greater London Authority are available at: www.communities.gov.uk/glapowers