Review of the London Mayor's Planning Powers

Download the Government proposal for additional powers and responsibilities to the London Mayor

The Mayor is responsible for producing and updating the London Plan and sub-regional frameworks. When London Boroughs prepare their Local Development Framework or other statutory planning documents, they have to consider what the London Plan says.
London Boroughs must also notify the London Mayor of planning applications of “potential strategic importance”. This is to ensure that strategic planning interest of London as a whole are taken into account by central and local governments.

The Government are proposing to increase the Mayor's Powers relating to Planning. These were consulted on earlier in the year and will shortly be transformed into a new act.

They have already decided to give the Mayor power to direct or amend the contents of local development schemes and development plan documents, to take over decisions on planning applications of potential strategic importance from the Borough if he thinks that the Council has not fully identified and addressed the strategic issues raised by the application, that in these cases the Mayor should be the lead party for S106 agreements for these applications.

Currently the Mayor has no power to make the Council grant permission this system will mean he can take over the decision and decide to approve
This consultation covers the following:

  • Which developments are considered to be of strategic importance and would thus be referred to the Mayor
  • How the Mayor will decide that he wants to take over the decision on a strategic development
  • The procedures that regulate these duties and responsibilities.

Responses must be submitted to the Department for Communities and Local Government or emailed to gla.review@communities.gsi.gov.uk by November 2, 2006

Read the comments submitted by the Willowbrook Centre on this consultation.

Applications that would be considered of strategic importance (this is in addition or modification to those already listed in the Mayor of London Order 2000)

Applications for waste facilities

Applications for the following developments will have to be referred to the Mayor:
  1. Applications for waste facilities which are in compliance of the local development plan if:
    • hazardous waste at 5,000 tonnes throughput per year;
    • non-hazardous waste at the current 50,000 tonnes per year;
    • sites for hazardous or non-hazardous waste over 1 hectare.
  2. Applications for waste facilities which are NOT in compliance of the local development plan if:
    • hazardous waste at 2,000 tonnes throughput per year;
    • non-hazardous waste at 20,000 tonnes per year;
    • sites for hazardous or non-hazardous waste over 0.5 hectare.
      This change in threshold is proposed because th= e acceptability in principle of a waste use in that location has not been established.
  3. The government proposes these thresholds should be used to refer applications for residential or mixed use development which do not accord with the development plan and which abut existing or allocated waste facilities.
    This is necessary to ensure that non-waste uses that could prejudice the waste use are fully considered against strategic policies.

NB that these proposed thresholds are lower than existing ones.

 

Applications on Metropolitan Open Land

Currently only those applications that depart from Local development plans and involve building over 1000 sqm are referred to the Mayo= r but it is proposed that all that depart will be referred.

All applications For tram stations

All other thresholds for housing etc. remain the same
The decision to take over an application

The decision is proposed to be taken in the following way:

In the Mayor’s view:

  • Does the planning application raise issues of a nature and scale that would significantly impact on the implementation of specific London Plan policies?
  • Do the issues raised by the application have significant effects that go wider than a single borough?

To justify taking over an application to secure implementation of the relevant London Plan policies, the Mayor would need to clearly demonstrate that both criteria are satisfied and that in making his decision he has taken into account:

  • The borough's analysis of the Development Plan policies relevant to the application and how it intends to apply relevant London Plan policies;
  • The borough's record in dealing with previous applications which have raised strategic planning issues;
  • Any precedent an application is likely to establish for implementing London Plan policies.

The Mayor would have to publish the reasons for his decision.

The Government expects that any disagreements between boroughs and the Mayor, or applicants and Mayor, about the application of the policy test should be resolved through discussion. However, the option of legal challenge would be available in the event that agreement could not be reached. We do not propose a role for the Secretary of State in arbitrating on any dispute.

The procedures that regulate these duties and responsibilities

Planning applications are submitted to the borough in the first instance.
If an application is considered of strategic importance the borough must send the Mayor a copy of the application.
The Mayor will have 21 days to either:

  • Say he is happy for the Borough to decide the application
  • Say he wants to be informed of the decision so he can decide if to direct refusal
  • (New) Notify the Borough he believes the application raises issues that might lead him to take over the decision - this triggers of a period of 6 weeks during which the Council must give the Mayor evidence of how they will consider the issues.

After the Mayor receives their evidence he has 21 days to decide whether to take over the decision or not.