Property update: planning

Model planning conditions for development on contaminated land

On 30 May 2008, the Secretary of State circulated a set of model conditions for use by local planning authorities where development is to take place on contaminated land. Planning Policy Statement 23 (PPS23) advises on the circumstances in which it may be appropriate for authorities to grant planning permission in these circumstances. The new model conditions are intended to support the effective implementation of PPS23 policy. The Secretary of State confirms the advice in circular 11/95 that no condition should be imposed unless, in the circumstances, the condition meets the tests in the circular.

Briefly the conditions provide for:

• Development (other than remediation) not to commence until certain conditions complied with
• An investigation and risk assessment to be completed in accordance with a scheme agreed with the authority
• A detailed remediation scheme to be agreed with the authority
• Implementation of the approved remediation scheme
• Reporting of unexpected contamination found during development
• Long term monitoring and maintenance

The model conditions were circulated in a letter to local planning authorities.

Planning Policy Statement 12 published

Planning Policy Statement 12 (PPS12) sets out the Government's policy on local spatial planning, which plays a central role in the overall task of place shaping and in the delivery of land uses and associated activities. PPS12 explains what local spatial planning is, and how it benefits communities.

It also sets out what the key ingredients of local spatial plans are and the government
policies on how they should be prepared. PPS12 should be taken into account by local planning
authorities in preparing development plan documents and other local development
documents.

Elements of PPS12 include:

• Identifying suitable land and timescales for the provision of affordable housing
• Addressing climate change and sustainable development including better public transport
• Ensuring that infrastructure (e.g. schools and health centres) is in place
• Attracting private investment

PPS12 also confirms the Government's commitment to the proposed Community Infrastructure Levy, despite the controversy surrounding it and the concern of local government as to the lack of resources available to deal with the local devolution agenda generally.

Public funding for regeneration projects – funding guide

The British Property Federation (BPF) (with Davis Langdon) has published a guide to assist developers in accessing public funding for regeneration projects.

The BPF press release states:

"It is hard to know what funding is relevant for a proposed development and where to begin looking for this money. This guide takes you through the basic steps of how to apply successfully for the right public sector funding, it lists the main bodies that offer this financial support and provides an extensive list of funding opportunities that exist currently.

Public sector funding is rather fragmented, with different initiatives coming from a range of public bodies that have insufficient funding allocations to meet all the competing needs. This means that under-funded, poorly coordinated schemes are often oversubscribed, with good quality schemes having to compete for the cash."

This analysis was written by Jan Hebblethwaite, associate in Wragge & Co's Real Estate group.

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