The scale and relentless pace of planning reform is making the system harder, not easier, to navigate. James Clark, partner in the developer team at law firm Foot Anstey, examines how the government can tackle this nervousness
It is no understatement to say that England’s planning system has undergone significant change in the past two years, and more is still to come. With the Planning & Infrastructure Act receiving Royal Assent in December, yet another wave of reform is now under way. For those already concerned about the system’s complexity, it is likely to get worse before it gets better.
The pace of reform has been relentless. Rather than delivering the clarity and certainty the sector has long called for, the sheer volume of changes arriving simultaneously is making the system harder, not easier, to navigate. While each individual reform may have a sound rationale, the cumulative effect is a system that has become overly complex, increasingly risk averse and frustratingly slow.
A key concern is that local policies are struggling to keep pace with the rapid evolution of national policy. Local planning authorities need time to update their Local Plans and embed new requirements. Without that breathing space, national reforms risk creating further uncertainty rather than resolving it.
This month marks the start of the new plan making system, with five statutory instruments laid before Parliament. This begins the transition towards a new Local Plan process centred on an ambitious 30-month timetable for preparation and adoption.
However, a “dual running period” now applies. Authorities may continue under the legacy system for plans submitted before 31 December 2026, while all others will move across to the new regime. It is a significant cultural and procedural shift. Key guidance on how some elements will work in practice is still awaited.
This shift is unfolding alongside widespread local government reorganisation affecting 21 two-tier areas and more than 160 local planning authorities. Such large-scale restructuring risks diverting attention and resources away from plan making at precisely the moment when clarity and focus are needed most.
Meanwhile, the sector still awaits the long-trailed National Development Management Policies. Expectations have been tempered following confirmation that NDMPs will not have statutory force. This change could significantly diminish their intended impact.
The pressures are clearly being felt. Ministry of Housing, Communities & Local Government (MHCLG) data released in December shows that planning authorities made 303,215 decisions in the year to September 2025. This is the lowest annual figure since records began in 2012 and represents a 5.6% drop on the previous year. The system is slowing at the same time as reform pressure is increasing.
Developers, consultants and local authorities now find themselves operating in a climate of heightened uncertainty. The consultation on the draft National Planning Policy Framework closed on 10 March. Until the new NPPF is introduced, applicants must navigate this ambiguity. Unsurprisingly, application documents are growing longer as teams attempt to pre-empt future requirements and guard against challenge.
What needs to happen?
First, once the current round of reforms, including national policy change, plan making reform and local government restructuring, has concluded, the sector urgently needs a period of stability. Local authorities cannot deliver effectively while the goalposts continue to move.
Second, modernisation must accelerate. Many authorities are still constrained by constitutional arrangements designed for an analogue age. Straightforward changes that enable electronic execution of documents, digital committee processes and standardised digital plan-making tools would free up time, reduce costs and ease pressure on planners. These steps would complement existing government initiatives such as the PropTech Innovation Fund.
Third, government should provide clear national guidance on what constitutes a proportionate planning submission. At present, consultants have little choice but to err on the side of caution. Greater certainty would reduce unnecessary documentation while still ensuring robust decision making.
Finally, there is widespread acknowledgement that planning authorities need greater resources, particularly in staffing, skills and expertise, if the system is to operate at the pace required to support national growth ambitions.
The government has laid the foundations for a new planning system. It must now give the sector the space to implement these reforms and regain its confidence. Only then can England get on with the job of building.
The post The unintended consequence of reform: A slower, more defensive planning system appeared first on Planning, Building & Construction Today.
