‘Tis the season to be merry… Far reaching reforms to national planning policy have been proposed by the government with the publication of a new draft National Planning Policy Framework (“NPPF”). And what a Christmas gift it is!
With a strong focus on housing delivery and need, as well as an enhanced emphasis on plan-making, the draft is seeking to make some of the biggest changes since the framework was first created, with the proposals now out for consultation.
Ros Trotman, Partner in Thrings’ Planning and Environment team, unpacks this early Christmas gift, its contents and the clear signals about what future decision-making in the planning world may look like for developers, landowners and planning professionals.
Key features
It’s a whole new planning world with what is essentially a complete re-write of the NPPF with far-reaching potential for the next chapter of development in England. As well as clearer language around meeting housing need, and fewer signs under-delivery will be tolerated, the draft NPPF contains some particularly interesting features. Here’s just a handful that caught our eye:
- Support for SME developers - The proposals introduce a new medium development category for 10-49 homes on sites of up to 2.5 hectares, with an additional announcement that sites of under 0.2 hectares will be exempt from biodiversity net gain (“BNG”). This is a swing in favour of the small to medium developers where on-site BNG requirements may be trickier to deliver and who may otherwise be faced with the financial burdens of securing off-site solutions. Other support comes in the form of a requirement to allocate land to accommodate at least 10% of a local authority’s housing requirement on sites no larger than 1 hectare, and another 10% on sites of between 1-2.5ha
- New planning tests and presumptions! – Out with the old (tilted balance) and in with the new (a whole host of new tests). Highlights include a permanent presumption in favour of development in settlements – subject of course to certain exceptions including the test of whether the benefits are substantially outweighed by adverse effects. And another potential game-changer for outside settlements with the "default yes" for sites which fall in specific categories e.g. previously developed land, re-use of existing buildings, sites meeting an evidenced unmet need (such as in areas not meeting 5 year housing land supply), amongst others, albeit subject to various caveats
- Sites near train stations: Linked to the above new tests, is the new ‘in principle’ support for proposals that develop land around rail stations within existing settlements, and around ‘well-connected’ train stations outside settlements, including on Green Belt land. On sites near train stations a density of at least 40 dwellings per hectare should be achieved within the net developable area of the site, and “50 dwellings per hectare” where the station is “well-connected”
- Viability: there’s a lot to say about this, but for those delving into the detail, check out the draft NPPF and content in Annex B. All viability assessments should reflect the recommended approach in planning practice guidance, utilising the standardised inputs
- National Decision-Making Policies (“NDMPs”) – Something that has been expected for some time, these policies feature heavily in the new NPPF draft but will non-statutory, instead becoming a material consideration, at least in the short-term. Unless Local Plans have been examined and adopted against the new NPPF, such policies are set to carry “very limited weight” where inconsistencies with NDMPs arise
- Stronger emphasis on plan-making - Local plans are once again placed front and centre with the draft reinforcing the expectation that authorities keep plans up to date and align them with national housing need. Where plans are out of date or absent, the presumption in favour of sustainable development is given renewed weight
- Housing delivery and need - The draft seeks to tighten the link between identified housing need and actual delivery. This means developers can expect housing need to carry significant weight, particularly in areas where delivery has fallen behind
- Continued support for sustainable development – Environmental protection and climate considerations remain embedded in the framework with the draft not removing these requirements but instead seeking to balance them against the urgency of delivering homes and infrastructure
- Greater clarity on decision-making - The Government has aimed for plainer language and more direct policy tests, intended to reduce scope for inconsistent interpretation and lengthy debate over policy meaning. This could help applications progress more smoothly, but will also require careful reading to ensure proposals align squarely with national policy
- Infrastructure and viability - There is renewed focus on realistic viability testing and timely infrastructure provision, with an emphasis on early consideration through plan-making rather than late-stage negotiations. This means front-loading conversations with local planning authorities in these areas will be increasingly important
Why this matters
The current draft, if approved, could significantly change the decision-making processes taking place across the country as it updates or clarifies national policy.
For developers and landowners, this points towards a system that expects schemes to come forward promptly and to align closely with identified need. For planning professionals, it reinforces the importance of robust evidence, clear strategy and early engagement.
The proposals could be subject to change as the consultation continues, but there are things applicants and their professional teams can be doing now to prepare for change:
- Review your sites: Consider how your land or pipeline schemes perform against the draft NPPF.
- Engage early: Pre-application discussions and early viability work are likely to become even more valuable.
- Watch local plans: Watch for and engage with local plan reviews and calls for sites.
- Respond to the consultation: Where proposals raise concerns or opportunities, now is the time to make those views known. You can take part in the consultation here.
Ros Trotman, Partner in Thrings’ Planning and Environment team, said: ““The UK planning system rarely stands still, with six ‘new’ NPPFs having been published in the past 10 years, but this is arguably the one that makes the most compelling effort to support development and tackle the housing crisis, while also addressing environmental and community concerns.
“We know that things could change following the consultation, but the direction is clear, with this iteration prioritising delivery and clarity but also placing responsibility on developers and authorities to engage early and plan positively.
As ever, understanding how national policy interacts with local circumstances will be key to unlocking development opportunities. Getting legal and professional advice early on will enable you to take a holistic view of the options available to you and ensure your project is lined up for success.”
Thrings’ Planning and Environment lawyers have extensive experience in navigating complex local and national planning policy legislation and has successfully supported commercial and residential applications through the approval and appeal processes. To find out more and for advice on your development proposals, please do get in touch.