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"Yes, minister" - The power of written ministerial statements

Posted on 30 July 2024

If a Government wants to quickly influence and direct a change in policy, clarify ambiguities, set new priorities, or reinforce existing policies, they need look no further than issuing a written ministerial statement (WMS). 

A WMS is an official document issued by a Government minister to inform Parliament and the public about a specific matter of policy, Government activity, or other significant issue. It is an extremely powerful and effective tool when it comes to planning matters. As it comes directly from ministers, representing the official stance from Government, it carries significant weight and can shape planning decisions across the country.

History has shown how previous Governments have used WMS to steer national policy on critical issues, ensuring that local planning aligns with broader Government objectives to influence planning matters. Examples include:

  • Green belt protection: In 2013, a WMS reaffirmed the Coalition Government’s commitment to protecting the Green Belt. This statement clarified that unmet housing, whether for traveller sites or conventional housing, is unlikely to outweigh harm to the green belt and other harm to constitute the 'very special circumstances' justifying inappropriate development in the green belt, reinforcing its protection and guiding local authorities in their planning decisions.
  • Fracking and energy policy: In 2015, the conservative Government issued a WMS that supported fracking as part of the UK’s energy policy.  It stated that appeals against any refusals of planning permission for exploring and developing shale gas, or against non-determination, would be treated as a priority for urgent resolution and that the Secretary of State would actively consider calling in shale applications. Priority was to be given to any called-in planning applications and the affirmation of a commitment to identifying underperforming local planning authorities that repeatedly failed to determine oil and gas applications within statutory timeframes.
  • Affordable housing: In 2021, the conservative Government issued WMS relating to the delivery of First Homes defining the product and setting out changes to planning policy.  This enabled First Homes to meet the definition of affordable housing for planning purposes and set out what the minimum discount should be against market value and a first sale price cap.

What WMS will the Labour Government make?

The Labour Party, with its ambitious agenda for planning reform, is likely to employ ministerial statements as a key instrument to implement its policies swiftly and effectively. Indeed, we have already been forewarned of Labour's intention to use this is a lever to drive change quickly. 

In October 2023, the Party stated that, upon entering office, the now Secretary of State for Housing, Communities and Local Government Angela Rayner would “publish a written ministerial statement and write to all chief planning officers to instruct local planning authorities to approve planning applications in areas which do not have a local plan and fail other key policy tests, such as the housing delivery test” and added that the WMS "would also signpost changes to the National Planning Policy Framework, which will reverse concessions the government made to Tory backbenchers in December 2022, reinstate and enforce compulsory local targets”.

The Labour Government's agenda is lengthy but at the forefront there is a stated ambition to use planning levers to kick-start the economy, address  perceived policy failings regarding the delivery of housing and affordable housing, and encourage investment in UK PLC.  The number and scope of WMS that can be deployed to achieve this is far-reaching but likely possibilities include:

  • Affordable Housing: Labour has pledged to tackle the housing crisis by increasing the supply of affordable housing. A WMS could be used to instruct local authorities to prioritise affordable housing projects, streamline the approval process for such developments, and set specific targets for local Governments.
  • Sustainable Development: To demonstrate Labour's commitment to sustainability, a  WMS  could be used to promote green infrastructure and renewable energy projects. A statement could mandate that all new developments meet stringent environmental standards, align with climate goals, and integrate sustainable technologies.
  • Revitalising Urban Areas: To rejuvenate struggling urban areas, Labour could issue WMS that directs resources and attention to regeneration projects. This might include brownfield redevelopment, investment in public transport, and the creation of green spaces to improve urban living conditions.

By looking at past uses and Labour’s future plans, it is clear that ministerial statements will continue to play a role in shaping the UK’s planning landscape, acting both as a rapid response mechanism and a precursor to more extensive legislative reforms.

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