Section 154 — Housing and Planning Act 2016: Planning freedoms: right for local areas to request alterations to planning system

Planning freedoms: right for local areas to request alterations to planning system 154 1 If the following conditions are met, the Secretary of State may by regulations make a planning freedoms scheme, having effect for a specified period, in relation to a specified planning area in England. A “planning freedoms scheme” is a scheme that disapplies or modifies specified planning provisions in order to facilitate an increase in the amount of housing in the planning area concerned.

2 The first condition is that the relevant planning authority or authorities have requested the Secretary of State to make a planning freedoms scheme for their area.

3 The second condition is that the Secretary of State is satisfied—

a that there is a need for a significant increase in the amount of housing in the planning area concerned, b that the planning freedoms scheme will contribute to such an increase, and c that adequate consultation has been carried out.

4 The third condition is that—

a the relevant planning authority or authorities have prepared a summary of the views expressed in the consultation referred to in subsection (3)(c),

and b the Secretary of State has considered that summary.

5 For the purposes of subsection (3)(c) consultation is “adequate” only if—

a the relevant authority or authorities publish an explanation of what the proposed planning freedoms scheme is expected to involve, and b persons in the planning area concerned, and other persons likely to be affected, have a reasonable opportunity to communicate their views about the proposed scheme.

6 The Secretary of State may decide to restrict the number of planning freedoms schemes in force at any one time (and accordingly is not required to make a scheme merely because the conditions in this section are met).

7 The Secretary of State may by regulations bring a planning freedoms scheme to an end, and must do so if the relevant planning authority or, as the case may be, any of the relevant planning authorities so request.

8 In this section— “ planning area ” means the area of a local planning authority, or an area comprising two or more adjoining areas of local planning authorities; “ planning provision ” means a provision to do with planning that is contained in or made under any Act; “ relevant planning authority ” means the local planning authority for an area that is or forms part of a planning area; “ specified ” means specified in regulations under subsection (1).