The UK Government published the much-anticipated new National Planning Policy Framework on Thursday 12 December 2024. The new NPPF sets out the government's new planning policies for England and how these are expected to be applied. The framework's publication has been trailed as part of the government's planning overhaul set to tackle the housing crisis, target increased growth and to unlock economic potential. The new framework's policies apply with immediate effect.
The changes are predominantly focused to increase housing delivery and are pro-development.
Local housing need assessment is to be calculated using the new Standard Method and local authorities are clearly instructed to meet that identified housing need. This has led to an increase in the number housing for each authority to deliver, apart from within London but the figures there are still an increase on the London Plan and on the consultation NPPF. The new framework seeks to change local plans and decision making in order to meet those increases. The four-year housing supply is now increased to 5 years supply, with a 5 percent buffer added to the standard method to ensure choice and competition in the market and a 20 percent buffer depending on performance against the housing delivery test. Past oversupply can no longer be taken into account as part of future supply
The updated housing delivery test scores have also been issued as well as Planning Practice Guidance on the new formula for local housing need, housing supply, viability, plan-making and economic need.
The presumption in favour of sustainable development conditions for decision taking, also known as the titled balance, has been revised at policy 11(d). As with most of changes, we will have to wait for the decision making process, which ultimately lead to the courts, to have their say on what this should mean, but the bar for refusals under this test has been raised and the application of the titled balance has been widened.
The key change in policy is that where there are either no relevant planning polices or the most important policies are out of date, a strong (formerly clear) reason for refusing the development proposed would be required (11(d)(i). Part ii) goes on to identify adverse impacts which would significantly and demonstrably outweigh the benefits, when assessed against the policies in the framework taken as a whole, having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, individually or in combination.
This text is key and may likely increase the scrutiny of planning applications in non-sustainable locations.
Chapter 6 – Building a strong, competitive economy has been expanded with policies introduced for local authorities to “pay particular regard to facilitating development to meet the needs of a modern economy, including by identifying suitable locations for uses such as laboratories, gigafactories, data centres, digital infrastructure, freight and logistics”. Decision makers should continue to have regard to the specific locational needs of different sectors, including in the digital economy and for distribution.
Development on brownfield land within settlements for homes and other identified needs is attributed substantial weight, unless substantial harm would be caused. The consultation choice of wording was for such development to be accepted only “in principle”. Furthermore, the new framework removes the previous restriction on significant uplifts in the average density of residential development in urban areas if the result would be built form wholly out of character with the existing area. This should be read together with the removal of the words “beauty” and “beautiful” from the framework chapter on achieving well-designed places, signifying urgency to positively determine housing developments in urban areas. Requirements for high quality design does remain, however.
Perhaps the most anticipated and reported part of the new framework is in relation to the green belt, and the introduction of 'grey belt'. Grey belt is defined as …“land in the Green Belt comprising previously developed land and/or any other land that, in either case, does not strongly contribute to any of purposes (a), (b), or (d) in paragraph 143. 'Grey belt' excludes land where the application of the policies relating to the areas or assets in footnote 7 (other than Green Belt) would provide a strong reason for refusing or restricting development”. Grey belt excludes land where environmental designation or heritage asset protective policies apply. So, if your site complies with these definitions, and is in a sustainable location, then very special circumstances for developing within the green belt no longer apply.
The definition of previously developed land has been expanded to include “large areas of fixed surface infrastructure such as large areas of hardstanding which have been lawfully developed”, but glasshouses are not included.
Sustainable development is channelled towards urban areas inside the green belt boundary, towards towns and villages inset within the green belt or towards locations beyond the outer green belt boundary. Development within the grey belt would not be considered inappropriate where the remaining green belt is not fundamentally undermined; there is a demonstrable unmet need for development proposed (e.g. failure to meet Housing Delivery Test or have a 5-year housing land supply); the development would be in a sustainable location; and where the Golden Rules requirements are met. Development proposed on previously developed land in the green belt, and limited infilling in the green belt, is also now classed as 'not inappropriate development', as long as it doesn't cause “substantial harm to the openness of the green belt”.
The Golden Rules cover meeting policy levels of affordable housing (potentially up to 50%); contributions to local or national infrastructure; and including accessible public green spaces, on or off-site. For the time being, Planning Policy Guidance on Viability states that site specific viability assessments will not apply to reducing affordable housing levels within the green belt. The government intends to review this Viability Guidance.
Schemes complying with the Golden Rules will be given significant weight in the planning balance. This applies to all green belt sites, not just to grey belt. The hierarchy for developing within the green belt is identified as previously developed land, grey belt and, lastly other green belt.
Councils are also to review their green belt boundaries where they cannot meet their identified need for homes, commercial or other development through other means. There remains an emphasis on promoting sustainable development in determining the appropriateness of a site's location. More guidance is anticipated in the new year on green belt reviews and the grey belt.
The new framework addresses climate and environmental change through measures recognising the risk of drought from rising temperatures; climate mitigation; and asks that councils consider identifying suitable areas for renewable and low carbon energy sources. Significant weight should be given to the benefits associated with renewable and low carbon energy generation and proposals contributing to meeting a net zero future. A new exception to flood risk sequential testing is introduced to allow for development not within specific areas of flood risk within a site. Restrictions on onshore wind energy have been lifted.
Whilst the new NPPF applies straight away, transitional provisions apply for delivery of new local housing targets through the plan led process. Not all existing policies are out of date and “due weight” should be given to them. A cut-off date of 12 March 2025 is applied if the local plan has progressed to Regulation 19 stage by then and a council's draft housing requirements meet 80% of local housing need; if the plan has been submitted for examination (Regulation 22) by that date also; or if a plan including policies to deliver housing levels set out in a preceding local plan has been adopted since 12 March 2020.
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