A re-strengthening of housing targets to deliver 1.5million new homes and revisions to green belt protections are among a raft of proposals being put forward by the government as part of a major shakeup to national planning policy.
Having featured prominently in Labour’s election manifesto, as the catalyst for its growth agenda, the pledge to update the National Planning Policy Framework (NPPF) includes a wide range of changes which are being put to the public for their consideration as part of a new consultation.
Thrings Planning Partner Fred Quartermain looks at some of the highlights:
Green Belt and grey belt
With Green Belt being a widely misunderstood policy, the major changes propose some quite radical amendments around this protection. “Grey belt”, a term that has been developed by the new Labour government during their election campaign, is formally defined in the amended NPPF as land in the Green Belt that is previously developed. However, the consultation goes further in including land which makes a limited contribution to the purposes of the Green Belt within the definition.
In the proposed changes, Local Planning Authorities (LPAs) will be required to review their Green Belt boundaries where they cannot provide sufficient new dwellings to meet demand. This marks a significant change as previous policy required such reviews to only occur in “exceptional” circumstances.
Where it is necessary to release Green Belt land for development, the revisions dictate that consideration should first be given to brownfield and then grey belt land in sustainable locations, and only then can other sustainable Green Belt sites be considered.
Land released in the Green Belt will also be subject to the government’s ‘golden rules’, including that 50% of new homes build should be affordable as well as increasing access to green spaces and that development should be accompanied by the ‘necessary infrastructure’, including schools and GP surgeries.
Housing and infrastructure
In order to deliver on their pledge to deliver more housing, the government are proposing strengthened mandatory housing delivery targets for LPAs to meet their promise to deliver 1.5million more new homes over the next five years.
The minimum number of homes needed will be calculated using an amended standard methodology which will be based on more up-to-date data of existing stock. Whereas previously the Standard Method was somewhat flexible and even where it was used did not deliver the promised numbers, the updated methodology should provide a more robust starting point.
The amended NPPF also includes make it clear that strategic planning should ensure a consistent approach is taken to planning the delivery of major infrastructure, education and social infrastructure.
Duty to cooperate
Introduced in the Localism Act 2011, the duty of LPAs to cooperate with one another on cross-boundary issues is being re-emphasised under the proposed changes, highlighting the ‘vital and increasing role’ that effective strategic planning across local authority boundaries will play in delivering sustainable growth.
Given that this duty has been problematic throughout, it is clear from Angela Rayner’s statement in Parliament and the letter she has sent to all LPAs alongside this consultation the importance placed on this is a transitional measure whilst more work is done on strategic planning.
Other Points
The proposed draft does a number of other things – removes the top-slice requirement for First Homes and confirms that the Infrastructure Levy as set out in the Levelling Up and Regeneration Act 2023 is not going to be brought forwards for example. The importance given to Green Energy is clear. There are transitional provisions which will give some comfort to LPAs with plans in process – but limited comfort given the likely need for an early review under the new NPPF. The protections for emerging local plans of a four-year Housing Land Supply will be removed.
Missed opportunities – or more to come
The Government have chosen not to address the expansion of the sequential test in flood risk terms or to give any guidance on “drop-in” permissions following the effects of Hillside showing that there is still much more to come if they are going to meet their aim of catalysing growth through planning reform.
Some of these things may require legislative attention rather than Policy change, but the failure to give any attention to these points in an otherwise relatively wide-ranging suite of documents is notable.
Fred Quartermain, Partner in the Thrings Planning and Environment team, said: “It is positive to see the new government continue to progress many of its pledges from the election so early into their tenure in order to give them time to have an effect.
“With such a range of updates being proposed, it is important that any interested parties take the time to understand what changes could be coming and have their say, as well as beginning to consider how this could impact their development practices in case changes need to be made.”
Running for eight weeks, the consultation will close at 11.45pm on Tuesday, 24 September. To find out more about what is being proposed, and how to respond, visit the consultation page.
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, including how to address enforcement notices, please get in touch.
