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Groups left in dark by unprecedented statutory consultee overhaul

Three organisations have been left shocked and feeling in the dark following an announcement they will no longer be consulted over planning applications.

The government announced on 10 March that Sport England, Theatres Trust and The Gardens Trust would have their status as statutory consultees removed in what was described as lifting the bureaucratic burden of planning and building operations in line with Labour’s growth agenda.

The Garden Trust’s head of operations and strategy Linden Groves explained the sense of shock and disappointment after the announcement that they could no longer object to planning applications.

She said: “It has been a kick in the teeth for all the volunteers that have worked with us for over a decade.

“There’s quite a lot of damage to our reputation and to the morale of our volunteers.

“As being a statutory consultee is one of our main focuses, the announcement has led to an existential crisis about our purpose.”

The Garden’s Trust’s statutory consultee role stretches a broad scope, with many secondary organisations like the Victorian Society relying on them to make advisory comments about heritage gardens.

The trust disputes the bureaucratic burden to growth which the government has deemed the statutory consultees.

Statistics from The Garden’s Trust revealed that out of 1,800 consultations in 2024, the organisation only objected to 80 cases and very few of these were to do with housing. 

Groves said: “All our work is about supporting new development.

“Parks and gardens are key to social wellbeing, positive economic growth, mental and physical health along with the quality of the environment.

“We are perturbed by the implication that we are blockers which really couldn’t be further from the truth.”

The Ministry of Housing, Communities and Local Government claimed over 300 applications were forced to be escalated for consideration by the Secretary of State due to disagreements from consultees over the past three years. 

Deputy Prime Minister and Housing Secretary Angela Rayner said: “We need to reform the system to ensure it is sensible and balanced, and does not create unintended delays – putting a hold on people’s lives and harming our efforts to build the homes people desperately need.

Home Builders Federation planning director Sam Stafford added the organisation welcomed the change.

He said: “I would attribute the vast majority of the planning delays to consultees, both statutory and non-statutory.

“They have that much of a role and an influence within the planning process.

“It’s the larger builders which are able to weather these delays but if you are a smaller builder who has had to borrow money to withstand planning delays, all of a sudden these loans can be absolutely crippling due to prolonged application reviews”.

Stafford explained how the overhaul will now lead to a lot more appetite to risk within building enterprises, and will hopefully stimulate economic growth.

He said: “There’s a reason why the technical expertise of statutory consultees is needed but they should only be engaged within planning matters when they need to, not all of the time.”

Sport England chief excutive Tim Hollingsworth expressed his concern about the body being removed as a statutory consultee in an online statement.

He explained that while Sport England appreciates the priority around housebuilding and need to stimulate growth, a balance must be struck.

Hollingsworth said: “It is vital we balance this with the need to keep a nation moving, and the places and spaces that currently support sport and activity in our community.

“We therefore look forward to working constructively with the government through the consultation to seek to achieve these aims.

“History shows us that without effective action taken to protect playing fields, we will see vital facilities lost, particularly often in those areas that are already least well served.

“With more than half our playing fields in this country within school grounds, and with a child obesity crisis and £7.4billion lost to the economy each year to inactivity, it’s essential we get the balance right to ensure any future legislation continues to protect the facilities base in this country.”

Women in Sport, an organisation collaterally hit by the changes in Sport England’s statutory consultee status, voiced concerns to issues of accessibility which disproportionately affects women and girls.

Policy and public affairs manager Rachel Williams expressed her concern that removing the only sport-based statutory consultee will be detrimental, especially to the government’s growth agenda.

Williams said: “Growth is linked to health and health is linked to physical activity.

“If we are creating barriers to physical activity species then this will negatively impact the growth agenda.” 

She added a lack of access to exercise space significantly affects women and girls.

Williams said: “There are a number of health conditions affecting women disproportionately. 

“This includes poor mental health and osteoporosis, which sport and physical activity plays a big role in.”

Women in Sport emphasised there are subsequent concerns for social wellbeing, mental and physical health as the overhaul leaves these spaces vulnerable to planning decisions which cannot be objected to.

Theatres Trust CEO Joshua McTaggart and chair Dave Moutrey OBE released a joint-statement in response to the overhaul.

The duo welcomed the announcement of a review into the planning statutory consultee system, but rejected claims they were an impedement to building and growth.

They said: “We do not recognise the characterisation of Theatres Trust, made by the deputy prime minister and the Ministry of Housing, Communities and Local Government, as being an impediment to growth.”

The overhaul will be reviewed in Spring 2025 during a government-lead consultation, where former statutory consultees will prepare responses and formal objections to the decision.

The Ministry of Housing, Communities and Local Government were contacted for comment.

Picture credit: Geograph/David Hawgood and licensed for reuse under this Creative Commons Licence

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