Proposed National Planning Policy Framework (NPPF) Reforms

The new Labour Government’s proposed revisions to the National Planning Policy Framework (NPPF) have been published this week and are on consultation until 24th September 2024. This publication follows the new Government’s pledge to construct 1.5 million new homes, a major change from the last revision to the NPPF (published December 2023) which sought to make local planning authority housing targets explicitly advisory.

The draft NPPF revisions provide significant changes and additions to the development framework to help meet these objectives and more broadly stimulate economic development. The proposed changes can be viewed in full here: Draft NPPF Consultation August 2024.  The key proposed changes are set out below.

Presumption in favour of sustainable development

The presumption in favour of sustainable development (paragraph 11(d) of the NPPF has been amended. The ‘tilted balance’ can be engaged if “policies for the supply of land” (rather than the “most important” policies) are “out-of-date”. Policies for the supply of land are defined as those policies “which set an overall requirement and/or make allocations and allowances for windfall sites for the area and type of development concerned”.

Housing Targets

The requirement to demonstrate a 5 year housing land supply (5YHLS) of specific, deliverable housing sites has been reinstated, irrespective of local planning authorities’ progress in preparing a new Local Plan. The 5% and 20% buffer that previously applied in calculating 5YHLS is also proposed to be restored, with the latter only being applied where a LPA significantly under-delivers against their housing requirement as measured through the Housing Delivery Test or local housing need where relevant.

A Strong, Competitive Economy

To support key growth industries the draft NPPF seeks to ensure the planning system responds to the needs of a modern changing economy. Paragraph 84 in the draft NPPF, seeks to identify strategic sites for commercial development which meets the needs of a modern economy, including locations suitable for uses such as  “laboratories, gigafactories, data centres, digital infrastructure, freight and logistics”.

Housing Need and Housing Land Supply

The policy on housing mix is proposed to be amended to now include a specific reference to Social Rent and “looked after children”.

In respect of affordable housing, the reforms propose at paragraph 66 that policies should specify the minimum proportion of Social Rent homes required, and for major developments the proposed mix of affordable housing should meet identified local needs across both affordable housing for rent and ownership.

‘Grey Belt’

The current consultation defines Grey Belt as “for the purposes of Plan-making and decision-making, grey belt is defined as land in the Green Belt comprising Previously Developed Land and any other parcels and/or areas of Green Belt land that make a limited contribution to the five Green Belt purposes (as defined in para 140 of this Framework) but excluding those areas or assets of particular importance listed in footnote 7 of this Framework (other than land designated as Green Belt).”

Land of environmental value will be excluded from the definition, or assets of particular importance, as set out in footnote 7 of the NPPF.

The draft NPPF is clear that brownfield sites should be priortised and to support the release of land in the right places the proposed reforms include a sequential test to guide release. This will ask authorities to first consider Previously Developed Land within in the Green Belt, before moving on to other Grey Belt sites, and finally to higher performing Green Belt sites where these can be made sustainable.

Green Belt

The five principles of the Green Belt remain unchanged. However, the reforms have proposed at paragraph 142 that housing needs can justify exceptional circumstances for Green Belt release, and in these circumstances, authorities should review Green Belt boundaries and propose alterations to meet these need in full, unless the review provides evidence that such alterations would undermine the function of the Green Belt across the plan as a whole.

To ensure the delivery of housing is being supported, a new paragraph has been inserted to make clear that in instances where an authority cannot demonstrate a 5 year housing land supply, or where there is an unmet commercial need, development on the Green Belt will not be considered inappropriate when it is on sustainable Grey Belt land and the development would not undermine the function of the Green Belt across the plan as a whole.

Transport

The NPPF reforms have a new “vision-led approach” at paragraph 112 (a), when assessing sites that may be allocated for development in plans, to promote  sustainable transport modes. In addition, wording has been added to paragraph 113 that requires the refusal on highway grounds to be based on ‘in all tested scenarios’.

Other Changes

The NPPF consultation includes 106 questions as part of the consultation and a few other key matters that are also of interest are, as follows:

• A deletion of the character test from NPPF 2023 at paragraph 130, replaced with an acceptance in principle of brownfield developments at paragraph 122(c). This acknowledgement further builds on the existing requirement to strengthen policy support for housing development on brownfield land.

• The references to ‘beauty’ and ‘beautiful’ have been removed, most notably from chapter 12 following its addition in December 2023. These terms were considered to be subjective and difficult to define.

• A calculated shift towards renewable energy/low carbon development is referenced at paragraph 161 (b), requiring LPAs to identify areas for development. A “significant weight” for the contribution of renewable and low carbon developments is encouraged to achieve a broader net zero future.

There are a number of fundamental changes within the current reforms proposed. The proposed amendments to the wording remain in draft form and may be subject to further change and review before a final updated version is published.  Firstplan would be more than happy to advise you on the implications of these changes and what this will mean for you; please do not hesitate to contact us.

Article prepared by Myranda Morrison & Raveen Bhamra