🛡️ Myth vs Reality: Why Criminalising Planning Deception Is Justified

🎯 Proposal:


Introduce a new criminal offence:
“Planning Fraud by Misrepresentation or Omission”
— to deter coordinated manipulation, dishonesty, and systemic gaming of the planning system.

🧱 Developer Objection 1:


“Planning is already regulated.”

🔍 Reality:
Planning law governs procedure, not truthfulness.

  • Developers can submit misleading viability data, overstate constraints, or suppress sites — and still be “compliant.”
  • There is no penalty for false strategic submissions unless it crosses into provable document fraud — a nearly unreachable bar.

🧠 Ask yourself: Why does the financial sector punish misrepresentation, but planning — which governs land, public services, and environment — does not?

⚖️ Developer Objection 2:


“It’s too hard to prove intent.”

🔍 Reality: The Fraud Act 2006 already handles this.

It criminalises:

  • Dishonest false representation
  • Failure to disclose when there is a duty
  • Abuse of position

➡️ The bar is clear: knowing dishonesty or reckless disregard.
➡️ Honest developers have nothing to fear.
➡️ Only those who game the system would be caught.

🏗️ Developer Objection 3:


“It will chill investment and slow delivery.”

🔍 Reality:
That same argument was made before financial regulation reforms — and was wrong then, too.

Regulation does not stop investment. It stops fraudulent enrichment and system distortion.

In truth:

  • Manipulative tactics like landbanking and site suppression already delay delivery
  • Criminal deterrents would accelerate honest delivery, restore public trust, and unlock consent where it’s currently gridlocked

🧭 Bottom Line:


If false statements about share prices can land you in court…
then false statements about housing, infrastructure, and land use — affecting real people’s lives — should too.

✅ Criminalising deception is not red tape.
✅ It’s basic public protection.