Revised National Planning Policy Framework 2021:
On 20 July 2021, the government published a revised National Planning Policy Framework (NPPF). The NPPF contains the economic, environmental, and social planning policies for England. This update will look at the main amendments made, which include:
- Measures to improve design quality
- Inclusion of trees in new developments
- Adjusting the presumption in favour of sustainable development for plan-makers
- United Nations climate change goals have been included
- Development plan policies for proposed large new settlements should have a 30-year timescale rather than the former 15-year timescale
- New Limits on the use of Article 4 directions to restrict permitted development rights
- Encouraging faster delivery of further education colleges, hospitals and prisons
- Planning and flood risk should be managed by development opportunity
- Tightened rules governing the acceptability of isolated homes in the countryside.
Design Quality of New Developments:
The NPPF has been updated to include reference to the National Design Guide and National Model Design Code and the use of area, neighbourhood and site-specific design guides.
New paragraph 128 states that to “provide maximum clarity about design expectation at an early stage”, all LPAs should prepare design codes or guides consistent with the principles set out in the National Design Guide and National Model Design, “which reflect local character and design preferences”.
New paragraph 133 focuses on ‘beautiful’ development and introduces a new test to ensure that development is well-designed. Confirming that development which “fails to reflect local design policies and Government guidance on design, taking into account any local design guidance and supplementary planning documents such as design guides and codes”, should be refused. Furthermore, that significant weight should be given to “development which reflects local design policies and government design” and “outstanding or innovative designs which promote a high level of sustainability”.
Inclusion of trees:
New paragraph 131 takes forward the Government’s commitment for new streets to be lined with trees and states that “planning policies and decisions should ensure that new streets are tree-lined, opportunities are taken to incorporate tress elsewhere in developments, appropriate measures are in place for long-term maintenance of newly planted trees, and existing trees are retained where possible”.
Achieving sustainable development:
The Government is considering how the planning system can support its commitment to reaching net-zero and intends to review the NPPF to ensure it contributes to climate change mitigation/ adaption.
The NPPF’s presumption in favour of sustainable development for plan-makers (paragraph 11a) requires all plans to promote a sustainable pattern of development that seeks to:
- Meet the development needs of their area
- Align growth and infrastructure; improve the environment
- Mitigate climate change and adapt to its effects.
United Nations climate change goals have been included:
Paragraph 7 of the NPPF is revised and sets out that the United Kingdom has agreed to pursue the 17 Global Goals for Sustainable Development in the period to 2030 targeting social progress, economic well-being and environmental protection.
Development plan policies for proposed large new settlements should have a 30-year timescale rather than the former 15-year timescale:
Paragraph 22 has been revised; it states that strategic policies should look ahead over a minimum 15-year period from adoption and are expected to anticipate and respond to long term requirements and opportunities, such as those arising from major infrastructure improvements. This retains the wording from the 2019 NPPF but is now revised so that larger-scale developments such as new settlements or significant extensions to existing villages and towns form part of the strategy for the area; policies are expected to look further ahead, to take into account the likely timescale for delivery (at least 30 years).
New limits on the use of Article 4 directions to restrict permitted development rights:
New paragraph 53 states that Article 4 directions, which remove permitted development rights in specific areas, where they relate to residential conversions, should only be used where it is “essential to avoid wholly unacceptable adverse impacts” (for example the loss of the essential core of a primary shopping area, which undermines its vitality and viability). Moreover, be limited to situations where Article 4 is “necessary to protect local amenity/ well-being of an area” (for example, to require planning permission for the demolition of local facilities).
The guidance sets out that it should be based on “robust evidence and apply to the smallest geographical area possible”. The government intends for Article 4 to be used in a highly targeted way with the aim of supporting high streets by maximising the potential for underused buildings to be converted into an alternative use. This is clearly an attempt to control the number of Article 4 Directions made by local authorities, and the principle is already being challenged by local authorities such as Kensington and Chelsea, which is proposing a borough-wide block on the new permitted development right allowing conversion of E Class business, commercial and service use buildings to residential without the need for a planning application. We will be watching the development of this as no doubt it could set a precedent.
Encouraging faster delivery of further education colleges, hospitals and prisons:
New paragraph 96 is placing a duty on local planning authorities to work proactively with developers and promoters to plan for required facilities and frontloading identification of planning issues with a view to expedite the delivery of other public service infrastructure such as further education colleges, hospitals and criminal justice accommodation.
Planning and Flood risk should be managed by development opportunity:
The section on “planning and flood risk” confirms that all plans should manage any residual flood risk by using opportunities provided by new development and ‘improvements in green and other infrastructure to reduce the causes and impacts of flooding (making as much use as possible of natural flood management techniques as part of an integrated approach to flood risk management).
Tightened rules governing the acceptability of isolated homes in the countryside:
Paragraph 80 of the NPPF sets out the circumstances in which isolated homes in the countryside will be deemed acceptable. Previously, it stated such homes would be acceptable if the design was truly outstanding and innovative. However, the word ‘innovative’ has now been removed, and the government is satisfied that the change in wording will not discourage innovative isolated homes but ensures these homes are of outstanding design whilst still being innovative.
The revised NPPF will form a material planning consideration and may be an interim measure intended to provide clarity to developers and local planning authorities ahead of wider planning reforms.
If you have any queries as to how these changes may impact the development potential of your site or holding, please do get in contact with our planning team.
ITS TIME TO GET CLEUD UP ON CERTIFICATE OF LAWFUL EXISTING USE AND THE IMPLICATIONS OF THE OCADO CASE
See the latest article from Ifath Nawaz below.