Large-scale mixed-use development and the UK planning system: Does it fit, and will the Planning White Paper assist?

Abstract

The failings of the UK planning system are well documented but are particularly acute and perhaps less understood when it comes to large-scale mixed-use development. This paper explores:—the dilemma as to when to bring forward an application for planning permission against the background of emerging national, regional and local policies; weighing up the risk of prematurity against the reality that there will never be a right time—the level of detail required in order to promote a scheme before its principle has been accepted and potentially many years before development is to be commenced or end-users identified—elements of planning practice without express statutory backing, such as hybrid planning applications and non-material amendments—the lack of flexibility in the process to allow scheme iteration—the artificiality of traditional planning law concepts when applied to modern mixed-use schemes—the various roles of the local authority in the process which leads to increased risk of legal challenge—the particular issues associated with section 106 agreements in large-scale mixed-use schemes.