RTPI calls for action after High Court signals end to virtual planning meetings

The Royal Town Planning Institute has called for legislation to ensure that virtual planning meetings in England can continue, following a High Court ruling that current rules require a return to in-person meetings. The RTPI says that a change in the law is urgently needed to ensure that remote meetings can continue after emergency coronavirus legislation expires on 7 May. The High Court ruled this week that, once the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (the Flexibility Regulations for short) cease to have effect on that date, then there will be a return to the status quo under the Local Government Act 1972. Judges Dame Victoria Sharp and Mr Justice Chamberlain found that primary legislation would be required to allow local authority “meetings” under the 1972 Act to take place remotely. They said: “In our view, once the Flexibility Regulations cease to apply, such meetings must take place at a single, specified geographical location; attending a meeting at such a location means physically going to it; and being ‘present’ at such a meeting involves physical presence at that location. “We recognise that there are powerful arguments in favour of permitting remote meetings. But, as the consultation documents show, there are also arguments against doing so. The decision whether to permit some or all local authority meetings to be conducted remotely and, if so, how and subject to what safeguards, involves difficult policy choices on which there is likely to be a range of competing views. These choices have been made legislatively for Scotland by the Scottish parliament and for Wales by the Senedd. In England, they are for parliament, not the courts.” Following the ruling, RTPI chief executive Victoria Hills said: “The RTPI calls on the government to introduce primary legislation as a matter of urgency to allow virtual meetings to continue while also exploring how a hybrid model could operate. Virtual meetings have been shown to deliver cost savings and there are many examples of how they have increased participation rates in the democratic process. Bringing these benefits to an abrupt end would be a huge retrograde step, slowing the decision-making process while many lockdown measures remain in place. “More broadly, the Planning White Paper in England proposed harnessing digital technology to improve the planning process to engage communities and mitigate climate change. RTPI research conducted with Grayling found that over half of the UK public want to be involved in changes to their local community post-pandemic. “The RTPI believes that virtual meetings as part of a hybrid approach could be the key to unlocking wider engagement in the planning process, while also encouraging a more diverse group of people to stand for election as councillors.” The case was taken to court by Hertfordshire County Council, Lawyers in Local Government and the Association of Democratic Service Officers. They had sought a declaration that references in the 1972 Act to a “meeting”, a “place” and a person being “present” includes reference to attending or participating in a meeting by electronic means. Kathryn Hampton, senior expertise lawyer at law firm Ashurst, said: “This decision will be a big disappointment to many who have praised the benefits of online meetings, including increased public participation in planning decisions. The government has issued a call for evidence on the pros and cons of these meetings which ends in June 2021, so we could well see a return to virtual meetings in the near future.” To send feedback, e-mail jess.harrold@egi.co.uk or tweet @estatesgazette Photo © Royal Town Planning Institute