Last week the Government published the revised National Planning Policy Framework 2024 (the Framework) which sets out the Government’s planning policies and how these are expected to be applied. In addition, the English Devolution White Paper was published.
Combined these documents result in significant change for the planning system with the Framework being applicable with immediate effect. This is the point that any applications about to be submitted or, live applications/appeal, should be reviewed as appropriate.
The starting point for determination of application is the Local Plan in accordance with S38(6) of the Planning and Compulsory Purchase Act 2004, however, the Framework is a material consideration and where there is now clear conflict or difference between Local Plans and the Framework – there is a requirement to consider the expectations as to planning policies and how these will be applied.
There are a number of changes but, most notably:
- The test for disapplying the “tilted balance”, under paragraph 11(d) is significant. Policy 11(d)(i) has been slightly revised, so that the “clear” reason for refusal test is now a “strong” reason for refusal – which could effectively narrow the scope for disapplying the tilted balance;
- Under policy 11(d)(ii), the tilted balance is still disengaged where the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits of doing so, assessed against the Framework as a whole. The new text requires decision-makers to pay “particular regard” to a closed list of “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”;
- The Government’s stated ambition to deliver levels of housing not seen since the 1960s, and to deliver it in a way that enables growth in the North and the Midlands is the most significant change;
- Greater weight be given to the value of facilitating the digital economy;
- Significant changes to the Green Belt policies – the most significant changes to the Green Belt since its introduction as a spatial planning tool in 1947;
- Introduction of the Grey Belt, the Golden Rules and various scenarios for when development will not be considered inappropriate;
- Local plans should now take account of the risk of drought from rising temperatures and climate mitigation is noted as a consideration within the decision-making process;
- Significant weight should be given to the benefits associated with renewable and low carbon energy generation;
- Previous reference to Areas of Outstanding Natural Beauty (ANOBs) now amended to National Landscapes (rebranded at the end of 2023);
- Caveats to implementation depending on the stages of a Council’s Local Plan.
Its going to be an interesting few months to see how this settles in and how it works in practice with no doubt a number of appeals following through. In simple terms the publication of the Framework represents probably the largest changes to housing policy since post-war where Clement Attlee formed the Attlee ministry in July 1945 – also a Labour Government.
2024 has been a huge year for planning and development, in terms of changes, as a result of this, changes to enforcement timescales and the introduction of mandatory Biodiversity Net Gain (BNG). It is ironic that, in is earliest form (2012), the Framework was circa 50 pages and sought to simplify the planning process – some 12 years later, the system seems as complicated as ever (for now) affecting the vast majority of applications. It certainly highlights the importance of staying up to date but also the potential unpredictable nature of planning at the moment.
We will, of course, stay up to date and keep you updated but if there are any thoughts or queries as a result of these changes, please do get in touch!