Purdah and implications

Purdah and its implications on planning

What is Purdah?

The term 'purdah' is used to describe the period of time immediately before an election or referendum is held. It is the pre-election period when central and local government are restricted from carrying out certain communications activities.

When is Purdah?

Whilst the pre-election period is often tied to dissolution of parliament, which occurred on 3 May 2017, the pre-election period began on 00:01 22 April for the 2017 general election as set by the Cabinet Office.

Separately, due to the convergence of the General Election 2017 with the series of local elections in May 2017, the pre-election period for those local elections has already began for local authorities and civil servants.

The purdah period for general elections is not governed by statute. These conventions originated in central government, but have been applied in different forms in other contexts (such as local government). The Cabinet Office has published Guidance which took effect from midnight on 21st April, from which time purdah is in effect. Given we are now in this purdah period, nationally significant or contentious decisions are likely to be delayed.

What is restricted?

During purdah, local planning authorities must take care not to make policy announcements or decisions on matters which a newly elected body may have opposing views on and which may be politically contentious. This will impact emerging planning policy, such as the Housing White Paper and the National Planning Policy Framework revisions, and new Acts, such as the Neighbourhood Planning Act 2017, which was granted Royal Assent on 27th April 2017 and has seen only a handful of clauses being brought into effect. The period of purdah will now delay any further progress on the provisions or detail of the Act. On a more local level, the Local Government Association has published guidance which cautions local authorities to 'think carefully' before launching any new consultations (other than under a statutory duty) or publish report findings from consultation exercises which could be politically sensitive.

However, the day-to-day functions of the local planning authority, in the main, remain unaffected. Most applications will not be affected by the state of purdah given their small-scale and apolitical nature and the local planning authority is still free to issue planning decisions. In the same vein, the majority of planning committees will also still proceed. However, controversial schemes, may feel the force of purdah and if they are sufficiently controversial, decisions may be deferred to after the elections.

What does it mean for you?

The impact of purdah is somewhat limited in the context of planning; as mentioned above, it should not affect the normal handling of planning applications. However, in reality, nervous Councillors or officers who are dealing with sensitive schemes may not be willing to see the application through the period of purdah. This may mean a delay in some planning applications, although this should not be the norm.

Purdah's effect will also be seen in the lack of any news or policy announcements during this period. Any emerging policies or public consultations are likely to be delayed until after the election, and this will have a knock-on effect for those who are relying on new policy to favour their development proposal.

It also brings with it a period of uncertainty, stemming mainly from its cause: the election. A change in government could mean further changes in planning policy, and the local planning authority needs to be sensitive to the chance that this may occur.

As purdah ushers in the election, it is also worthwhile to consider the post-election climate. A change in government could prolong the uncertainty as planning policy may take a different direction. There will likely be a 'settling down' period which may cause further delays in the decision-making process.

Meanwhile, if the existing government is successful at the polls, this brings with it a legitimacy which may embolden the direction in which planning policy is heading. In either case, purdah should be seen as an opportunity to step back and assess the scheme's strengths and weaknesses in view of potential change.

Contact:

Laura Nation Senior Associate: Planning T: +44 (0) 20 3755 5390 E: laura.nation@howardkennedy.com

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