Bid to let councils quash restrictive site clauses

Ben Willis, Regeneration & Renewal, 30 November 2007

The Government has introduced the Planning Reform Bill in an attempt to make the planning system more responsive to applications for major infrastructure projects, such as roads and airports.

Among the proposed new laws, the bill includes reforms to a clause in the 1990 Planning Act that has proved problematic to the development of regeneration sites.

For example, under the current regime, a restrictive covenant banning the sale of alcohol on part of a site can present problems if the site is then designated for a mixed-use development containing a bar or licensed restaurant. The bill's supporting documents say the problem has added thousands of pounds to the cost of regeneration schemes, such as Reading's Chatham Street development.

The proposed change will mean that restrictive covenants on sites compulsorily purchased for regeneration can be entirely overridden to remove any impediments to future development.

Among other proposals in the bill, the Government has said it will press ahead with the creation of an independent planning commission to determine the outcome of major infrastructure projects.

But Royal Town Planning Institute secretary general Robert Upton warned: "The Government must not make the mistake of thinking strength of purpose means riding roughshod over communities."

- The Planning Reform Bill is available via www.regen.net/doc

- See News, p2.