A NEW NPPF – UPDATE ON LABOUR’S REFORM OF THE PLANNING SYSTEM IN ENGLAND

Proposed Reforms to the Town Planning System in England – 30 July 2024

In July, we published an article on the Labour government’s proposals to reform England’s planning system. Following the King’s Speech, which set an agenda for reforms, the Labour government has now announced a consultation detailing some of these changes in more depth.

Yesterday, the Deputy Prime Minister and Secretary of State at the Ministry of Housing, Communities and Local Government (MHCLG), Angela Rayner MP made a statement to the House of Commons. This statement introduced a live consultation on changes to national planning policy. You can view a video of her full statement on Parliamentlive.tv here.

Alongside Angela Rayner’s speech, the government issued several other announcements and documents, initiating the consultation process on the new reforms.  

1. Written Ministerial Statement

This written ministerial statement from Angela Rayner covers the main issues from her commons speech and expands upon them.  The ministerial statement is capable of being a material consideration in planning decisions immediately. 

Our page on Written Ministerial Statements provides more information on how these statements are an important part of the system of town planning in England. 

2. MHCLG Press Release

This press release from the ministry responsible for planning summarises the key announcements and proposed reforms, focusing headlines on an increase in housing targets and ‘getting Britain building again’. 

3. Government News Article 

This news article issued by the government summarises the key points of the announcements and proposed reforms, focusing on mandatory planning targets with an aim to deliver on the ambition to build 1.5 million new homes over the next five years. 

4. Consultation on a New NPPF – National Planning Policy Framework

A consultation on proposed reforms has commenced, with several consultation documents published on the government website, HERE. 

Key documents published on the 30th July 2024 included: 

• A ‘tracked changes’ version of the proposed new NPPF
• Consultation text explaining the proposed changes and indicating that further changes will follow
• A downloadable open-source spreadsheet showing how the new standard method for calculating local housing need would change housing targets in every local planning authority in England
• A letter from Angela Rayner to Chief Planning Officers in all local planning authorities summarising the reforms

Then today (31 July), further documents were published: 

• A letter from Housing Minister, Matthew Pennycook MP to the Chief Executive of the Planning Inspectorate setting out the government’s position on how local plan examinations should be conducted in regard to ‘pragmatism’.
• Notification of a new ‘Expert Taskforce to spearhead a new generation of New Towns’

Summary of the Consultation on the New NPPF

The consultation runs until 24th September 2024, with the intention to publish a new NPPF “before the end of the year”. The consultation document contains over 100 questions.

The new NPPF will become important immediately upon adoption for decision-making on planning applications and appeals.

For plan-making, there are ‘transitional arrangements’ set out in Annex 1 of the NPPF. Essentially, a month after adoption of the NPPF, all plans that include new housing requirements will need to follow the new NPPF, unless:

1. The emerging annual housing requirement in a local plan that reaches or has reached Regulation 19 (pre-submission stage) on or before [publication date + one month] is no more than 200 dwellings below the published relevant Local Housing Need figure.
2. The local plan is a Part 2 plan that does not introduce new strategic policies setting the housing requirement unless the relevant Local Plan Part 1 has been prepared applying the policies in this version of the Framework.
3. The local plan is or has been submitted for examination under Regulation 22 on or before [publication date + one month].

Where a, b, or c applies, the plan will be examined under the relevant previous December 2023 version of the Framework.

Main Changes Proposed in the New NPPF

Increased Housing Targets

• Changes made to the NPPF in December 2023 are largely reversed. Four-year housing supply calculations for emerging plans are deleted.
• The biggest changes to housing numbers come from a proposed change to the way the ‘standard method’ is calculated, making these housing targets mandatory rather than just a starting point for local plans. The aim is to increase national housing delivery each year from the current 300,000 (target – actual numbers delivered are much lower) to over 370,000, with each local authority area making a contribution based on existing housing stock and affordability ratios.
• The ‘Duty to Co-operate’ is reinstated, with strategic planning reforms anticipated in 2025 to deal with unmet housing needs being addressed across neighbouring authorities.
• Constrained districts may justify lower housing targets against standard method figures if they can convince a Planning Inspector that they have taken all possible steps, including optimising density, sharing need with neighbouring authorities, and reviewing Green Belt boundaries.

Brownfield First

• Development within settlements on brownfield land is to be regarded as acceptable in principle.

Planning for Homes and the Green Belt

• Planning authorities with Green Belt must review boundaries to meet housing needs unless it would fundamentally undermine the Green Belt’s function.
• ‘Exceptional circumstances’ for changing Green Belt boundaries will include instances where housing or development needs cannot be met through other means.

Grey Belt

• A new concept requiring authorities considering Green Belt release to first review the newly defined “grey belt” – previously developed land or areas making limited contributions to Green Belt purposes.

What is Grey Belt?

The proposed definition in the July 2024 consultation version of the NPPF is:

Grey belt: 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 [national parks, AONB etc] (other than land designated as Green Belt).  – Annexe 2 Glossary, Draft NPPF, July 2024

First Homes

• The requirement for a minimum of 25% of any affordable housing in a development to be first homes is removed.

“Beauty”

• References to ‘beauty’ in the NPPF are deleted, focusing instead on good design through design codes and other mechanisms.

Infrastructure Levy

• References to a future Infrastructure Levy to replace CIL are deleted.

Renewable Energy

• A policy focus shifts towards promoting renewable energy schemes, including removing the ‘moratorium’ on on-shore wind farms.

Next Steps for Planning Reform in England

After the consultation, the government will publish the new NPPF by the end of the year. A further revised NPPF will likely support a new Planning and Infrastructure Act expected in 2025. This legislation is anticipated to modernise how local authorities make decisions, with a greater focus on delegated decisions by planning professionals rather than councillors.

If you are a planning professional, in the construction industry, a developer, a landlord, a business owner, a member of the public, concerned about the countryside or the environment, a promoter of renewable energy – in fact, anyone with an interest in town planning – make your comments on the NPPF consultation by 24th September 2024 HERE.

Townplanning.info will keep you informed with further updates on the planning reforms in England as they emerge.