Local Government Lawyer

Trafford Council Director of Legal and Governance

New mayoral planning powers must "complement, rather than diminish," the role and mandate of local planning authorities, the Local Government Association (LGA) has said.

The call came as part of a response to the Government's consultation on new mayoral planning powers that would see the introduction of a duty to produce a spatial development strategy, mayoral call-in powers for applications of potential strategic importance, and the ability to proactively grant planning permission through Mayoral Development Orders (MDOs).

Whitehall also asked for views on proposals to allow mayors to raise funds for infrastructure through a Mayoral Community Infrastructure Levy (MCIL).

Responding to the consultation, which closed earlier this month, the LGA said: "Mayoral powers over applications of potential strategic importance should complement, rather than override, the role, expertise and democratic mandate of local planning authorities (LPAs)."

It also said that mayoral call-in powers must be reserved for genuinely strategic developments that have significant cross-boundary implications "rather than becoming an avenue for mayors to intervene in routine planning applications".

The LGA added that a Spatial Development Strategy (SDS) must be in place before a mayor exercises call-in powers or utilises a Mayoral Community Infrastructure Levy (MCIL) "to ensure that mayoral interventions support the strategic objectives that have been agreed for their region, rather than establish an alternative route for determining development proposals".

Elsewhere, the response advised that the reforms would require adequate funding and capacity for both LPAs and strategic authorities in order to avoid delays.

The response also said that any mayoral intervention should be reserved for developments that are demonstrably strategic, such as those with significant cross-boundary impacts and those critical to the delivery of strategic infrastructure.

Commenting on the prospect of new levies, the LGA meanwhile called for greater clarity on how the MCIL and local authority Community Infrastructure Levy (CIL) regimes will operate alongside one another.

"The introduction of MCILs should be supported by thorough consultation and viability assessment to ensure that an additional strategic levy does not undermine development viability or reduce the delivery of affordable housing," it said.

The Government's consultation on the proposed mayoral planning powers closed on 5 October. 

Adam Carey

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