Environment Agency's planning consultation response timeliness: 2022 to 2023
Updated 13 July 2023
Applies to England
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This report shows our performance as a consultee in the spatial planning system in England. We are required to report annually to the Department for Levelling Up, Homes and Communities.
The report measures our performance against our statutory duty to respond within 21 days or such other period as may be agreed in writing, to:
- planning application consultations from local planning authorities (LPAs)
- pre-application enquiries from developers
Responding to local authorities within 21 days is one of Defra’s measures of success for excellent delivery. It remains one of our corporate priorities.
Responding in a timely way to pre-application enquiries and planning consultations is one of the ways in which we help to support sustainable growth. We also do this through:
- the quality and reliability of our responses
- having strategic discussions with local authorities and developers early on in the development process
- identifying opportunities and providing solutions
- working in partnership with local authorities, strategic groups and developers to produce local plans
We aim to provide a good level of service to our customers by prioritising planning proposals that:
- may cause the greatest risk to the environment
- offer the greatest opportunities to enhance the environment
We have invested in our service this year by:
- adding more people to our local planning teams
- continuing to improve internal processes and systems
It will take time to fully benefit from this investment, but we are already seeing an improvement in our statutory performance. We will continue to create further efficiencies and improve the quality of service over the coming years.
We offer a chargeable planning advice service for developers who want more detailed planning advice. An increase in the uptake of this service has meant that we can work with developers at a much earlier stage to resolve any problems we identify in their proposals. We can then work together to resolve those problems and help shape a more acceptable proposal.
This has resulted in:
- planning authorities receiving better quality planning applications
- developers having greater certainty about our position on a proposal
- reducing the amount of time needed for discussions at the statutory stages – helping to speed up the consultation process for developers and ourselves
- saving developers time and money
1. Findings of this report
In 2022 to 2023 we responded to consultations and pre-application enquiries on 10,834 proposed developments – a decrease of 660 (6%) from 11,494 in 2021 to 2022.
We actually made 13,306 consultation responses during 2022 to 2023 because sometimes we are consulted more than once on a development proposal. However we only report one pre-application or application consultation response per development.
We took an average of 18 days to respond to consultation requests – one more than in 2021 to 2022.
Of our consultation responses:
- 9,943 (92%) were on planning applications
- 891 (8%) were on pre-application enquiries
We responded to 8,344 (77%) of all planning application consultations and pre-application enquiries within 21 days.
We agreed with LPAs an extension beyond 21 days on 1,425 (13.2%) occasions. The average length of extensions was 10 days, 1 more than last year.
Including those where we agreed an extension, we responded to 90.2% of planning application consultations and pre-application enquiries within 21 days or such other period agreed in writing (up from 88.5% in 2021 to 2022).
We also screened out around 13,300 consultations that we should not have received. This helped us focus our limited resources on responding more quickly to planning consultations and strategic plans for growth.
In 2022 to 2023 we agreed 880 charging arrangements with developers who wanted to use our chargeable planning advice service and recovered £753,000 of our costs. These applications are not included in the 21 day figures for this report as different response times are agreed as part of each charging agreement.
2. Excluded responses
Some of the consultations we respond to are not included in these 21 day statistics because we are required to respond within different time frames.
We are a statutory consultee for environmental impact assessment developments. In 2022 to 2023 we responded to 459 land-use planning applications (645 consultation responses) and 310 scoping opinions.
We also responded to 341 consultations about nationally significant infrastructure projects.
We are also a primary advisor to the Marine Management Organisation. They are responsible for most planning and development control at sea, including in estuarine and coastal waters.
We responded to 278 marine licence consultations in 2022 to 2023. There is no formal requirement to respond within 21 days to these applications, although in 2022 to 2023 we responded to 60% of applications within agreed timescales.
3. Planned improvements for 2023 to 2024
Informed by government’s Levelling Up and Regeneration Bill and associated planning reforms, we will focus on continuous improvement of our service to help build better, greener and faster by using our resources to:
- address the greatest risks and opportunities
- promote our discretionary planning advice service
- provide more early and strategic planning advice
Application stage responses
Number of consultation requests: 9,943.
Number of substantive responses made within 21 days or otherwise agreed date: 8,944.
Percentage of substantive responses made within 21 days or otherwise agreed date: 90%.
Breakdown of the reasons for failure to meet 21 day or otherwise agreed timescale:
| Reason | Number | Percentage |
|---|---|---|
| Further information needs to be provided (from LPA and developer) | 16 | 1.6% |
| Complex proposal (such as need for site visits and meetings, ongoing negotiations, specialist input) | 83 | 8.3% |
| Environment Agency resourcing (such as workload issues, staff absences, availability of specialist expertise) | 776 | 77.7% |
| Internal process error (such as incorrectly assigned deadlines, IT issues) | 124 | 12.4% |
Number of cases where extension to 21 day timescale is agreed: 1,323.
Percentage of cases where extension to 21 day timescale is agreed: 13.4%.
Average number of days of agreed extension to 21 day timescale: 10.
Breakdown of the reasons why extensions to the 21 day timescale have been agreed
| Reason | Number | Percentage |
|---|---|---|
| Further information needs to be provided (from LPA and developer) | 214 | 16.2% |
| Complex proposal (such as need for site visits and meetings, ongoing negotiations, specialist input) | 272 | 20.6% |
| Environment Agency resourcing (such as workload issues, staff absences, availability of specialist expertise) | 746 | 56.4% |
| Internal process error (such as incorrectly assigned deadlines, IT issues) | 91 | 6.9% |
Average number of days to provide a substantive response to all consultation requests: 18.
Number of pre-application stage responses
Number of consultation requests: 891.
Number of substantive responses made within 21 days or otherwise agreed date: 825.
Percentage of substantive responses made within 21 days or otherwise agreed date: 92.6%.
Breakdown of reasons for failure to meet 21 day or otherwise agreed timescale
| Reason | Number | Percentage |
|---|---|---|
| Further information needs to be provided (from LPA and developer) | 0 | 0% |
| Complex proposal (such as need for site visits and meetings, ongoing negotiations, specialist input) | 5 | 7.6% |
| Environment Agency resourcing (such as workload issues, staff absences, availability of specialist expertise) | 53 | 80.3% |
| Internal process error (such as incorrectly assigned deadlines, IT issues) | 8 | 12.1% |