Councils renew call for ability to hold remote meetings as Government signals intention to remove amendment to Levelling Up and Regeneration Bill

The Local Government Association (LGA) has urged the Government not to reverse amendments to the Levelling Up and Regeneration Bill, that would allow councils to hold virtual meetings and set planning fees locally.

In a briefing published ahead of consideration on 17 October of Lords amendments, the LGA said it was “disappointed" that the Government sought to overturn these. Consideration of Commons amendments will now take place in the House of Lords on 23 October.

The LGA also said planning departments must be adequately resourced to achieve the aims of the Bill and fees did not currently cover the true cost of processing applications.

In 2020-21 there were 305 out of 343 local authority planning departments operating in deficit, totalling £245.4m “which is resulting in significant capacity and skills challenges”.

While the Government’s commitment to increase planning fees for major applications by 35%, and other applications 25%, was welcome these increases would still have left the system with an £80m deficit in 2021-22.

“To secure the sustainability of the planning system and address resourcing issues, councils must have the ability to set planning fees at a level which cover the true costs of processing applications locally,” the LGA said.

Low planning fees meant taxpayers subsidised planning services by almost £5m a week, “including applications for major developments which should be fully funded by developers who stand to gain significant profit”.

The LGA said it was also still “deeply concerned” that the proposed Infrastructure Levy would deliver fewer affordable homes and expose councils to excessive levels of financial risk.

It gave a welcome, though, to the Government’s decision to remove hope value from the Land Compensation Act. 

Hope value is the market value of land inflated based on the expectation that it will receive planning permission for development in the future. 

The Government amendment would enable councils, with approval from a minister, to not to pay hope value on land they compulsorily purchase for certain purposes, including affordable housing, health or education. 

“Removing hope value in certain circumstances will mean councils can use CPOs more easily to build social and affordable homes and other vital infrastructure, while paying a fair price for land close to its existing value,” the LGA said.

It objected though to the Government seeking to overturn an amendment that would allow councillors to participate in meetings virtually.

This became common practice during the pandemic and many councils wish to continue with partly virtual meetings in some situations.

“It is no longer reasonable to refuse councils the ability to enable councillors to participate in meetings in an accessible way for them,” the LGA said.

“The current requirement for 100 per cent in-person attendance is an unnecessary barrier to participation, which continues to make it more challenging for various groups – including disabled people, parents, carers and full-time workers – from standing for public office and fully engaging in local democracy.”

The LGA noted that its recent survey had found 10% of  councils said councillors had stepped down due to the reinstatement of the in-person meeting requirement, and almost 90% were aware of disabled councillors who would use virtual attendance as a reasonable adjustment if permitted.

“We believe it is no longer reasonable to refuse councils the powers to enable councillors to participate in meetings in the most accessible or appropriate way for them,” the LGA said.

“Virtual technologies are now the norm in both the public and private sectors, allowing for collaboration and input from a wide range of people to produce the best outcomes.”

Mark Smulian