So, there we have it. A new National Planning Policy Framework (NPPF) has been published! The new NPPF has taken immediate effect from 12 December 2024.
These changes largely reverse the amendments to the 2023 NPPF which relaxed housing land supply requirements and will have serious implications for planning in England. The new version was heavily trailed in the government’s consultation held over the summer and their response to that consultation should be read with the new NPPF. Some of the key changes are outlined below.
Plan Making
In respect of plan making, transitional arrangements are in place until 12 March 2025, giving advanced plans the opportunity to proceed under the December 2023 NPPF and the housing requirements set out by the former version of the standard method. There are a few exceptions:
- Where a plan has been submitted for examination.
- Where a plan has reached Regulation 19 stage on or before 12 March 2025 and its draft housing requirement meets at least 80% of identified local need.
- Where a plan includes policies to deliver the level of housing and other development set out in a preceding plan adopted since 12 March 2020.
- Where a plan is for an area where there is an operative Spatial Development Strategy, and the local plan has reached Regulation19 on or before 12 March 2025.
- Where a plan deals only with minerals and/or waste matters and has reached Regulation 19 stage on or before the 12 March 2025, or submitted for examination.
Paragraph 24 of the NPPF sees an increased requirement for the duty to cooperate between local authorities. Strategic planning across LPA borders should address key spatial issues such as meeting housing need, delivering strategic infrastructure and building economic and climate resilience. More of strategic planning to come in a separate blog but the “English Devolution White Paper: Power and partnership: Foundations for growth” published 16 December and forthcoming Planning and Infrastructure Bill next year are proposing a new form of Strategic Authority across the whole of England, each delivering a Spatial Development Strategy.
Presumption in Favour of Sustainable Development
As anticipated, the circumstances under which the “tilted balance” applies have been broadened. Paragraph 11(d) now references the special regard to be given to policies for development located in sustainable locations, making effective use of land, securing well-designed new places and the provision of affordable housing.
A minor revision to the presumption in favour of sustainable development for decision taking is that permission should now be granted unless the framework indicates a “strong” reason for refusal, rather than a “clear” reason for refusal. Indeed, we foresee lengthy debate over the meaning of “strong”.
Housing Need and 5YHLS
The new methodology for assessing housing need based on an increase in overall housing stock, in combination with an affordability multiplier, has resulting in a significant increase in the number of homes proposed across the south-east and other ‘less affordable areas’. This has resulted in a requirement for 370,000 new homes per year and the ‘urban uplift’ of the previous NPPF scrapped entirely. This will have a profound impact on less affordable areas where many of these are constrained by Green Belt or other sensitive designations such as National Landscapes.
The December 2023 changes to the 5YHLS policy have been reversed, meaning that the temporary measure enabling qualifying authorities to only demonstrate four years of deliverable sites no longer exists.
Green Belt / Grey Belt
The most notable reform found in the new NPPF is the concept of the ‘Grey Belt’. Grey Belt designated land will enable redevelopment in areas of the Green Belt that make little contribution to the aim of the Green Belt, as set out in Paragraph 143, such as Previously Developed Land. Land which carries an existing designation, such as being National Landscape land, will not qualify as Grey Belt. Land which is said to qualify as Grey Belt can be utilised for new housing development provided certain conditions are met, most notably where there is an absence of a five year housing land supply.
Additionally, Chapter 13 now states that the development of homes, commercial uses and other development in the Green Belt should not be regarded as inappropriate where there is a demonstrable unmet need for the development, is in a sustainable location, and meets the new ‘Golden Rules’ outlined in paragraphs 156-157.
These rules include an uplift of 15% over the highest existing affordable housing policy requirement, capped at 50%, necessary improvements to local or national infrastructure, and the provision of new or improvements to accessible green spaces. Paragraph 158 states that developments that comply with the ‘Golden Rules’ should be given significant weight in favour of the grant of planning permission.
The NPPF defers to the Planning Practice Guidance (PPG) in relation to viability considerations with further changes expected to this next year. As a change to the consultation draft, there will be no national benchmark land value.
Economic Growth
Paragraph 86 now includes the addition of facilitating development to “meet the needs of a modern economy”, through identifying suitable locations for uses such as laboratories, gigafactories, data centres, digital infrastructure, freight and logistics. These facilities are now recognised as critical national infrastructure which should be considered in plan making. Paragraph 87 has been expanded and strengthened requiring that planning policies and decision-making address location requirements of different sectors including data-driven, creative and high technology industries. This includes the expansion or modernisation of other industries of local, regional or national importance to support economic growth and resilience.
More focus is given to economic growth compared to the 2023 NPPF to provide some balance with the housing policies. This is an important move as outlined by Eoghan Morgan (Associate Director, UK Industrial Research).
Flood Risk and Sequential Tests
A new paragraph 175 applies a helpful change to the requirement for a sequential test in areas of risk of flooding. This paragraph states that a sequential test will be required only where new development itself would be within an area of risk of flooding, rather than also land allocated as open space or required for BNG mitigation. This will be further considered in an update to the Planning Practice Guidance next year.
Other Matters
Paragraph 97 states that LPAs should refuse applications for hot food takeaways and fast-food outlets within walking distance of schools and other places children and young people congregate. Applications would also be discouraged within locations where there is evidence that a concentration of uses is having an adverse impact on local health, pollution and anti-social behaviour. The exception for this would be new uses within town centre locations.
Elsewhere, the word “beautiful” has been removed from “Achieving well-designed places” at Chapter 12. This revision removes the subjectivity of design standards, providing a much clearer direction for developers with measurable objectives as set out in the National Design Guide and National Model Design Code (update to this expected in due course). In addition, Paragraph 130 from the December 2023 NPPF, which was added so that local authorities could take local character into account when considering their ability to meet housing needs, has also been removed.
Lastly a slightly revised Chapter 14 highlights the Government’s commitment to producing clean/renewable energy. The chapter’s opening paragraph (Paragraph 161 formerly 157) now provides a measurable goal to work towards, by stating that the planning system should support the transition to “net zero by 2050”, rather than just “a low carbon future”. Paragraph 168 supports this by requiring authorities and decision takers to give significant weight to “benefits associated with renewable and low carbon energy generation and the proposal’s contribution to a net zero future”.
A further update to the NPPF is expected in 2025 to take account of the National Development Management Policies enacted by the Levelling Up and Regeneration Act (2023). For more information on the NPPF, click here.
