National Planning Policy Framework by Planning & Development Associates

+ Briefing: National Planning Policy Framework

planning + development associates

The introduction of the National Planning Policy Framework (NPPF) signals a major shift in the style and delivery of national planning policies After consultation and much discussion and debate, the National Planning Policy Framework (NPPF) was published on 27th March 2012 and is effective immediately. It signals a significant shift in the style and delivery of national planning policies – from a regime which comprised of 23 Planning Policy Statements (PPS) and Planning Policy Guidance Notes (PPGs) with a combined volume exceeding 1,000 pages to a 57-page succinct policy statement embracing all national policies. An era spanning nearly 25 years and commencing when the first PPG was published in 1988 has therefore been brought to a dramatic close. The key policy headlines include: • Introduction of a “presumption in favour of sustainable development” with the definition of sustainable development based on the 2005 Sustainable Development Strategy; • the primacy of the development plan remains, requiring that development must be consistent with the plan; • significant weight should be placed on the need to support economic growth through the planning system; • priority to be given to building on brownfield land rather than greenfield sites; • town centre first policy strengthened and sequential test for office developments confirmed; • reference to the ‘intrinsic character and beauty of the countryside’, recognising the importance of countryside outside designated areas in decisiontaking; • local authorities with a post-2004 local plan that is broadly in line with the NPPF will be able to use those policies for 12 months. For local authorities with no up to date plan, the NPPF is effective immediately;

• requiring LPAs to allocate an additional 20% of sites against their 5 year housing requirement in areas of persistent under-delivery; and • removing national thresholds for density, parking and affordable housing, to be determined locally. For decision-taking the presumption in favour of sustainable development means: • approving development proposals that accord with the development plan without delay; and • where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: o any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole; or o specific policies in the NPPF development should be restricted.

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Planning & Development Associates Ltd 123 Pall Mall, London, SW1Y 5EA | T: 0207 1010 789 | E: info@plandev.co.uk | www.plandev.co.uk This briefing contains general information only and is not intended to be comprehensive nor to provide professional advice to cover specific situations. It is not a substitute for such advice and should not be relied upon or used as a basis for any decision or action that may affect you or your business. We accept no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this briefing. © Planning & Development Associates Ltd 2012. All rights reserved.

+ Briefing: National Planning Policy Framework

planning + development associates

Destined for the waste bin:

What are the implications?

With immediate effect PPS1 and the Supplement to PPS1 on ‘Planning & Climate Change’; PPG2; PPS3; PPS4; PPS5; PPS7; PPG8; PPS9; PPG12; PPG13; PPG14; PPG17; PPG18; PPG19; PPG20; PPS22; PPS23; PPG24; PPS25 and the Supplement to PPS25 on ‘Development & Coastal Change’ have been replaced.

The NPPF has an immediate effect as a material consideration in the assessment of planning applications and appeals. It must be taken into account by local and neighbourhood plan making authorities in the preparation of their development plans.

PPS10 ‘Planning and Waste Management’ will remain in place until the National Waste Management Plan is published. Minerals Planning Guidance Notes 1, 2, 3, 5, 7, 10, 13 and 15 are abolished. Circulars 05/2005 ‘Planning Obligations’; and GOL Circular 1/2008 ‘Strategic Planning In London’ have also been replaced by the new NPPF; together with some 12 ‘Chief Planning Officer’ letters written by the Government Chief Planner to English LPAs.

Core Planning Principles The NPPF identifies 12 core planning principles that should underpin plan-making and decision-taking. These include: • To proactively drive and support sustainable economic development; • To always seek to secure high quality design and a good standard of amenity for all existing and future occupants; • To encourage the effective use of land by reusing land that has been previously developed (brownfield land); • To conserve heritage assets in a manner appropriate to their significance; and • To actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable. Publication of the NPPF is accompanied by Technical Guidance which provides more specific advice on development in areas at risk of flooding and in relation to mineral extraction.

For planning applications and appeals that are ‘in train’ it will be necessary for applicants, appellants and LPAs to re-assess development proposals against the new national planning policy context set out in the NPPF to determine whether a different approach is required which may justify a different outcome. The legal primacy afforded to the development plan in the planning process remains unaffected by the new NPPF. However, there will undoubtedly be tensions where the development plan context is out-of-step with the NPPF and will need updating. This will take time, creating the potential for a policy vacuum in the interim. The NPPF advises that plans may need to be revised to take into account the policies in the Framework and these should be progressed as quickly as possible, either through a partial review or by preparing a new plan. Further advice on this transitional period is provided in the NPPF. For 12 months from the date of publication, decision-takers may continue to give full weight to relevant policies adopted since 2004 even if there is a limited degree of conflict with the Framework. In other cases and following this 12-month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with the Framework (the closer the policies in the plan are to the policies in the NPPF, the greater the weight that may be given). Those making decisions on individual planning applications and appeals are also advised that emerging policies can also be taken into account, with the weight to be afforded to draft policies contingent on the stage of preparation; the extent to which there are unresolved objections and the degree of consistency between draft policies and the NPPF. To find out more, or to discuss the implications of the NPPF for your development project, please contact Alan Gunne-Jones on 0207 1010 789.