This blog post was going to be about class C of the Use Classes Order.Instead here’s my personal take on the short-term implications for planning of that referendum vote. The most immediate implications are nothing about planning or planning law at all.
1. Obviously market volatility and uncertainty. Many investors and developers will batten down the hatches and proceed with extreme caution. But planning is a long-term activity and sensible investment in the planning process will continue
2. Others with appropriate funding may see pricing opportunities due to the strength of the immediate market reaction. So there will be some quick transactions.
3. Viability on many schemes will have changed overnight although we need to get over the initial shock wave.
4. LPAs may wish to grasp those schemes that will proceed notwithstanding the market disruption – they will be at a premium.
5. Mayor Sadiq Khan has a huge role to play. His mandate in London has been reinforced and he will represent stability in contrast to the confusion and chaos of central government, which will be distracted away from the big planning law issues.
6. A question mark now against at least the timing of some major infrastructure projects, including HS2, until we see the new Cabinet and until the economic implications of the referendum decision play out.
7. Delays to current planning law reforms where any significant ministerial thinking is required. Brains are otherwise engaged.
8. Ages until those big picture changes in relation to EU environmental and competition law – but discussion, debate and speculation on all that will be a continung distraction.
Simon Ricketts 24.6.16
Personal views, et cetera
All very good points. Re. point 8, 80-90% of domestic environmental law comes from the EU, so unravelling that is going to take years. The environment is a devolved matter in Scotland, Wales and NI, so we may see increasing divergence between the different parts of the UK (if the UK survives in its current form). On an optimistic view, if we want to continue to trade with the EU, then exported goods will still need to comply with EU environmental standards and we’ll still need to keep legislation that implements international treaty commitments. The Birds and Habitats Directives look to be the most likely targets for a new red tape-cutting government, which may be welcomed by developers.
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