Beauty is back in the eye of the beholder, and out of the NPPF

The consultation on proposed changes to the National Planning Policy Framework (NPPF) was published on 30 July and is open until 24 September. The focus of coverage has been on boosting housing delivery, but houses are just one part of the picture. The subjective requirement that places be beautiful is to go, but what else is proposed?

1. A return to strategic planning

As set out in the consultation ‘Effective strategic planning across local planning authority boundaries will play a vital and increasing role in how sustainable growth is delivered and key spatial issues, including meeting housing needs, delivering strategic infrastructure, and building economic and climate resilience, are addressed.’

2. Housing supply

Qualifications to housing delivery are removed, so that, rather than the aim being to meet ‘as much of and area’s identified housing need as possible’, the aim is more concrete -  to meet ‘an area’s identified housing need’.

Paragraph 62 now requires a local housing need assessment to be conducted using the standard method. All previous qualifications to this requirement have been removed as is the uplift for certain cities and urban centres.

The 10% requirement for affordable housing in major housing developments is replaced with an expectation ‘that the mix of affordable housing required meets identified local needs, across both affordable housing for rent and affordable home ownership tenures’ and more stringent requirements around maintaining supply and delivery are introduced. Local Planning Authorities (LPAs) must carry out annual monitoring and updating to provide a minimum of 5 years’ housing supply. This needs to include a ‘buffer’ of 5% to ensure that there is competition for land, or 20% where there has been a significant under-delivery over the previous 3 years. The exemption from the need to identify and update annually on 5 years’ housing supply, where the adopted plan is less than 5 years’ old and it identified at least a five-year supply of sites, is removed.

There are slight changes to include mansard roofs in the general provisions on upwards extensions (rather than having a standalone section on mansard roofs). The criteria that upward extensions should be allowed where the development would be consistent with the prevailing height of neighbourhood properties is removed, thereby opening the door to upwards extensions in an area that doesn’t already have them. Any development would still need to be consistent with the prevailing form and overall street scene.

3. Building a strong, competitive economy

Under the heading Building a strong, competitive economy paragraph 84 b) specifically requires identification of sites for the needs of a modern economy including 'uses such as laboratories, gigafactories, data centres, digital infrastructure, freight and logistics.' Planning policies and decisions must also recognise the specific locational requirements of different sectors, e.g. the technology industry and logistics, and when considering proposals for development ‘significant weight should be placed on the importance of new, expanded or upgraded public service infrastructure.’

There is an increased emphasis on the public service infrastructure required to support development proposals with significant weight given to its importance when considering proposals for development.

4. Green Belt or grey belt?

The five purposes of the Green Belt have not changed.  However, Green Belt boundaries can be altered in exceptional circumstances through the plan process with instances where an authority cannot meet its identified need for various types of development including housing making it a requirement that such a review should take place.  Only where alterations would “fundamentally undermine the function of the Green Belt across the area of the plan as a whole” should they not be required to meet the needs in full. 

Paragraph 144  introduces ‘grey belt’ which 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 …. but excluding those areas or assets of particular importance listed in footnote 7…’ Those listed include Sites of Special Scientific Interest, Areas of Outstanding Natural Beauty, National Parks, and Local Green Spaces.

Where Green Belt releases are necessary,  previously developed land and other grey belt land should be considered first.. New paragraph 152 sets out a series of circumstances where development will not be inappropriate development in the Green Belt including a requirement to meet the requirements of new paragraph 155.  These requirements include 50% affordable housing in housing sites, improvements to infrastructure and the provision of green spaces.

5. Boost for renewables..

The proposals also provide a welcome boost for renewable energy developments. See our insight for details.

Katherine Evans said “It is helpful to see the full text of the new Government’s proposals after the initial headlines. Practitioners will welcome a planning environment where there is less opportunity for obligations to be avoided. However, there are some more controversial provisions which no doubt will receive attention in consultation responses. The misconception that Green Belt land is beautiful has long needed to be addressed but where there is development pressure no doubt those opposing development will still shout loudly.  Whether the promise of improved infrastructure will be enough remains to be seen. The major issue still remains how a substantially under resourced local authority planning service will cope with any new system.”

TLT has extensive experience in advising on planning matters. If you would like to discuss further, please get in touch.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at August 2024. Specific advice should be sought for specific cases. For more information see our terms & conditions.