■ A new duty on water companies to upgrade wastewater treatment works (WwTW) by April 1, 2030 in catchments of protected habitats sites that have been identifi ed as being in an unfavourable condition due to nutrient pollution. When reviewing applications in these areas, LPAs must assume that the 2030 WwTW upgrades will occur, reducing nutrient mitigation costs for developers.
Disclosure requirements Currently there is no legal requirement on developers to provide information on agreements that secure land for development (contractual control agreements), making it impossible to gain a complete picture of contracts aff ecting land. A consultation is under way, seeking views on how to
capture and publish information relating to option agreements, pre-emption agreements, conditional contracts and land promotion agreements.
If these proposals see the light of day, would they speed up the planning process? Organisations representing local authorities and planners have questioned the feasibility of producing local plans in 30 months, highlighting resourcing constraints and lack of time to meaningfully consult the public. Some (but not all) support NDMPs ‘in principle’ as a tool to speed up local plan-making and standardise planning policies across LPAs but are concerned that the proposed preva- lence of NDMPs over local plans would undermine the concept of a local plan-led system. T e proposed new Infrastructure Levy has attracted heavy
criticism, and the government says it will be phased in over a ten-year pilot scheme, making it unlikely to come into force any time soon. A coalition of local authorities, developers, housing associations and charities have written to the Secretary of State warning against the complexities of the levy which they believe could reduce the funding available for aff ordable and social rent homes. T ey have asked the government to work with them to improve the existing system, to avoid the uncertainty and upheaval of yet another new levy. T e monitoring proposals are signifi cant, and developers will
need to be open with LPAs about any external or market forces delaying their build-out rates. T e government hopes to boost housing delivery by reducing the overall mitigation burden on housing developments in nutrient neutrality catchments. Finally, landowners should look to regularise any schemes
which already have immunity under the four-year rule before the new deadline impacts. Many of the Act’s proposals are controversial and may be
amended following consultations or a change of government. We will all have to watch this space. Howes Percival’s commercial property solicitors provide a full
range of services for developers including transactional work, planning and construction advice and dispute resolution.
For more information, contact Alexandra Kirkwood on 01604 258071 or email
alexandra.kirkwood@
howespercival.com or visit
www.howespercival.com
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CONSTRUCTION, LAND & DEVELOPMENT
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