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Following consultation over the summer, the revised version of the National Planning Policy Framework (NPPF) has been released. The proposed changes were highlighted in our earlier articles - Beauty is back in the eye of the beholder, and out of the NPPF and Proposed planning reforms - a boost for renewable energy projects. The majority are now reflected in the new version of the NPPF. However, there are some elements that have changed since the consultation stage.
There has been much discussion about protection of the Green Belt, and the introduction of Grey Belt. Where major development, involving the provision of housing, is proposed on land released from the Green Belt, the ‘Golden Rules’ must be followed. These Golden Rules effectively ensure contributions in relation to affordable housing, infrastructure improvements, and green spaces. The 50% affordable housing requirement that was set out in the consultation has been tempered slightly, so that affordable housing which reflects either (i) development plan policies; or (ii) until such policies are in place, 15% over the highest existing affordable housing requirement which would otherwise apply to the development, subject to a cap of 50%, applies. If there is no pre-existing requirement for affordable housing, 50% will apply by default.
The NPPF introduces new provisions to promote healthy communities, including provisions setting out that local planning authorities should refuse applications for hot food takeaways and fast food outlets within walking distance of schools and other places where children and young people congregate, or locations where there is evidence that such uses are having an adverse impact on local health, pollution or anti-social behaviour.
The revised framework includes additional provisions in relation to climate change impact, to extend beyond the impact of risk and coastal change, specifying that 'The planning system should support the transition to net zero by 2050 and take full account of all climate impacts including overheating, water scarcity, storm and flood risks and coastal change.' As well as having to take account of the future resilience of communities and infrastructure to climate change impacts, policies should also ensure their future health. The NPPF goes on to set out that 'The need to mitigate and adapt to climate change should also be considered in preparing and assessing planning applications, taking into account the full range of potential climate change impacts.'
Slight changes to the requirements in relation to flood risk assessments follow naturally from the increased awareness, in the NPPF, of the impacts of climate change.
Whilst the consultation had required plans to ‘identify’ suitable areas for renewable and low carbon energy sources, the revised NPPF has softened this requirement to merely having an obligation to ‘consider identifying’ such areas.
Katherine Evans, Head of Planning and Environment, said that, despite significant representations from local authorities regarding in particular the provision of housing, the new Government has pressed on with the vast majority of the changes proposed in the consultation. It remains to be seen whether the additional resource promised by the Government materialises and within what time period. Also whether the changes to the NPPF have any material impact on the performance of the planning system which, regardless of the changes, still requires local authorities to make it work.
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 December 2024. Specific advice should be sought for specific cases. For more information see our terms & conditions.
Date published
13 December 2024
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