Well it's here. The long awaited NPPF was published on the 27th March
and immediately comes into action, guiding and informing the planning system in
England for the foreseeable future.
All of the current Planning Policy Guidance Notes (PPG's) and Planning
Policy Statements (PPS's) are revoked and replaced by the NPPF.
So, no more speculation. Let's get on with understanding its
implications for future planning and development.
The National Planning Policy Framework constitutes guidance for local
planning authorities and decision-takers both in drawing up plans and as a
material consideration in determining applications.
The document contains 219 provisions over 49 pages, together with
Implementation and Glossary appendices. The document has to be read as a whole.
But here are Ten Key Points from the new Framework that
establish the principles. In separate blogs I will look at specific topic
areas (Economic Development; Housing Development: Rural Development;
Tourism & Leisure; The Caravan Industry) and provide the top 10 points
in relation to these.
The full NPPF document can be found at the link below. The numbers in
brackets refer to the relevant paragraph in the NPPF.
1. Local planning authorities should approach decision-taking in a
positive way to foster the delivery of sustainable development. (186)
The NPPF goes on to note that: Local planning authorities should look
for solutions rather than problems, and decision-takers at every level
should seek to approve applications for sustainable development where
possible. (187)
This is good to hear, but may prove a
difficult transformation for many in the planning system who were
brought up on the 'Can Don't' attitude of Local Plan policy rather than
'Can Do'. This reversion to the pre-1990 approach to planning is welcomed and,
at last in the 21st century, planners may get a chance to really 'plan' rather
than simply act as Local Plan gatekeepers.
2. For 12
months from the day of publication [27th March 2012],
decision-takers may continue to give full weight to relevant policies
adopted since 2004 even if there is a limited degree of conflict with this
Framework. (214)
This provision provides some breathing space for local authorities who
will continue to apply current policies to planning applications. However, if a
development proposal is supported under the Framework, but this gives rise to
more than a limited conflict between the Local Plan and the Framework, the
question of degree will come in to play. Arguably very old plans adopted and
unaltered since 2004 (and there are a few out there) may come under particular
scrutiny.
3. From the day of publication, decision-takers may also give
weight to relevant policies in emerging plans. (216)
This includes any emerging Core Strategies or other Local Development
Framework documents. The weight to be attached increases the more advanced the
document is toward adoption.
4. Planning decisions must be taken in accordance with the
development plan unless material considerations indicate otherwise. (150)
Good to see this provision retained. Despite everything there may still
be circumstances where the development plan is not appropriate or directly
relevant and this provides some flexibility to consider all the circumstances,
not just those anticipated in the Plan.
5. Proposed development that accords with an up-to-date Local
Plan should be approved, and proposed development that conflicts should be
refused unless other material considerations indicate otherwise. (12)
The point here is that if the Plan says yes, then planning permission
should be granted. This also means that involvement in the Plan-making process
should be very high on everyone's To-Do list to make sure that the
positive attitude toward sustainable development is reinforced for the future.
6. ...to achieve sustainable development, economic, social and
environmental gains should be sought jointly and simultaneously through
the planning system. The planning system should play an active role in
guiding development to sustainable solutions. (8)
Planning proposals have to be considered in a comprehensive manner,
having regard to the three key tenets of sustainable development (as set out in
Para 7)
7. Within the overarching roles that the planning system ought to
play, a set of [12] core land-use planning principles should underpin both
plan-making and decision-taking. (17)
These principles reinforce the need for planning to be plan-led with
empowerment of local people and succinct, up to date plans setting out a
positive vision. High quality design and good development standards are
implicit with encouragement of a transition toward low carbon initiatives.
8. As with previous Green Belt policy, inappropriate
development is, by definition, harmful to the Green Belt and should not be
approved except in very special circumstances. (87)
Despite the eye watering hysteria over Green Belt protection from those
who really should know better, it was never the case that there would be
open-season for development in Green Belts. The NPPF retains all the protection
of long standing guidance in PPG 2: Green Belts and only 'very special
circumstances' will apply. So, no change there then.
9. Early and meaningful engagement and collaboration with
neighbourhoods, local organisations and businesses is essential. (155)
"You've got to be in it to win it". Make sure you
engage with the Local Plan making process from the outset. This will be ramping
up quickly now to ensure up-to-date plan coverage and there are very real
opportunities to engage with and influence the development future for your
area.
10. At the heart of the National Planning Policy Framework is a
presumption in favour of sustainable development, which should be seen as
a golden thread running through both plan-making and decision-taking. (14)
No small amount of discussion and angst has been displayed in relation
to this one issue over the last 12 months. When read in context with the
remainder of the Framework it is quite clear that this is not a “developers’
charter” or provides opportunities to “concrete over the countryside”. It
simply requires that planners need to think positively about the needs of their
area, seek relevant supporting information, engage with all parties and be
positive in ensuring that the identified and needed development is carried out
as efficiently and effectively as possible without placing unnecessary and
uneconomic policy barriers in its way.
I've been here before; appearing at over 40 Local Plan Inquiries
and making written representations for many more, most recently in relation
to the Isle of Wight Core Strategy, where the Inspector accepted my submissions
and made significant beneficial alterations to the finally adopted Plan.
If you require further information in relation to the NPPF and its
implications for your business then please contact me at:
The full NPPF document can be found at:
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