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PGS abandoned
The much-derided Planning Gain Supplement (PGS) has been finally abandoned
by the Government in favour of a local planning charge – a tariff-based
charge approach, to provide funding for infrastructure.
In his Pre-Budget report in October, the Chancellor announced a new standardised
scale of charges to be brought in for England. These will fund infrastructure
for new developments and will exist alongside the current S106 regime.
Legislation to introduce the charges will form part of the Planning Reform
Bill.
The government’s decision has been widely applauded by the property
and development industry, who have lobbied hard against the PGS in the
nine months or so since it was first mooted as part of Kate Barker’s
Review of Land Use Planning.
Key features of the Local Planning charges are as follows:
w Most residential and commercial development
will be liable to pay the charge.
w LPAs will be able to use the charge to
supplement a negotiated agreement (S106). These will be curtailed to affordable
housing and site-specific costs.
w Planning charges will be used entirely
to fund the infrastructure identified through the development plan process
and should include contributions towards the costs of infrastructure of
regional or sub-regional importance.
Mark Dodds, partner at independent planning consultancy DPP, said: “At
DPP we will be watching the process to see how far the new charge will
bring a reduction in existing S106 payments. Where the so-called ‘roof
tax’ is already being levied by local authorities such as
Land Register
Land Registry is seeking views on proposals to introduce two new triggers that would lead to compulsory registration of title.
The proposed new triggers are:
w appointment of a new trustee or unregistered land held in trust, where the land vests in the new trustee by deed or other instrument in writing, or be besting of the court
w partitioning of unregistered land held in trust among the beneficiaries of the trust
An example of an existing trigger for compulsory registration is the transfer of land either by sale of gift. The proposal to introduce additional triggers forms part of Land Registry’s drive to achieve a comprehensive land register for England and Wales. It runs alongside efforts to encourage voluntary registration.
Around 60% of land in England and Wales is now registered on the national land database. A registered title provides real benefits to the owner, enabling more effective management or land assets and consolidating complex legal and historical data about the land.
Copies of the consultation document are being sent to a wide range of government departments and agencies, representative bodies and individuals. The consultation period runs from 19 November until 29 February 2008.