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Winchester T: 01962 893 893 F: 01962 893 883
London T: 020 7812 6490 F: 020 7812 6677
info@remarkable-engagement.co.uk
Find out more about Localism visit localism-agenda.com
Introduction
It was always going to be controversial: the replacement of over 1,300 pages of planning policy with a succinct 52-page document. In that respect, the National Planning Policy Framework (or ‘NPPF') has certainly lived up to its billing, with campaign groups rushing to the media to argue over the future direction of policy, following its publication. As the basis for debate, there are little more than a few key statements, stripped bare of any detail, inevitably leaving much room for speculation. But this was always the Government's intention: to unburden local planning authorities from a mountain of paperwork, thus providing for local interpretation and application of national policies; whether this can be achieved, or whether we will see yet more recourse to the courts, only time will tell.
Certainly, the excitement with which Conservative MPs and their constituents greeted the Localism Bill has all but vanished. The NPPF is the final realisation that the Government's (or at least the Treasury's) agenda is now avowedly pro-[sustainable] growth and that notions of neighbourhoods being able to block all development in their locality are little more than pipe dreams. And yet this is far from a planning free-for-all, as Rt Hon Greg Clark MP, Minister for Planning, has made clear: the plan will be king and projects which conform to a local plan should be permitted without delay, while those that do not should be refused. And development within that plan should be sustainable. Those local authorities that lag behind in pulling their plan together will need to stand aside as the presumption in favour of sustainable development kicks in.
The Detail
Presumption in Favour of Sustainable Development
The very first line of Greg Clark's foreword states that "the purpose of planning is to help achieve sustainable development", the issue that has sparked so much of the debate on the NPPF in the lead up to its publication, as commentators, professionals and politicians have argued for a statutory footing for the "golden thread" of the presumption in favour of sustainable development.
Further down in his foreword, Mr Clark writes: "Development that is sustainable should go ahead, without delay - a presumption in favour of sustainable development that is the basis for every plan, and every decision."
Yet if that is about driving growth and streamlining the planning system - the Treasury argument, we might call it - there is also evidence in Mr Clark's foreword of the DCLG's agenda, when he notes that "in recent years, planning has tended to exclude, rather than include, people and communities", and suggests that "dismantling the unaccountable regional apparatus and introducing neighbourhood planning addresses this".
This dichotomy is evident throughout the document, though it is the Treasury's agenda that seems to take centre stage, with the framework's emphasis on growth apparent.
The principle and definition of sustainable development is set out at the very beginning of the document; the framework gives it a three pronged role:
The three roles, it is stated, "should be pursued in an integrated way".
The draft document reiterates the line taken by the practitioner's advisory group, which published its draft earlier this year, in stating that the presumption in favour of sustainable development "should be seen as a golden thread running through both plan making and decision taking".
It states that "all plans should be based upon and contain the presumption in favour of sustainable development as their starting point, with clear policies that will guide how the presumption will be applied locally".
In creating local plans, local authorities must ensure they adhere to the framework and set out the "strategic priorities" for the area, including:
Importantly for developers, paragraph 26 states:
"In the absence of an up-to-date and consistent plan, planning applications should be determined in accord with this framework, including its presumption in favour of sustainable development."
Housing Market Assessments
In preparing plans, local authorities must use "adequate, up-to-date and relevant evidence about the economic, social and environmental characteristics and prospects for the area". For housing development, this includes preparing a Strategic Housing Market Assessment to assess requirements, including the scale, mix and tenure range needed over the course of the period that the plan covers. It must also address the needs of different groups in society (including families, older people, and disabled people) and look at affordable housing needs.
Neighbourhood Plans
In preparing neighbourhood plans, the "ambition of the neighbourhood should be aligned to the wider strategic needs and priorities of the wider local area... [they] must be in general conformity with the strategic policies of the Local Plan."
In order to achieve this, the framework suggests that local authorities should clearly define their strategic policies for the area, which neighbourhood plans should then "reflect" and "plan positively to support them". Interestingly, during Committee stage of the Localism Bill, Ministers appeared to suggest that it would be perfectly possible to develop a neighbourhood plan in areas where a local plan did not yet exist; they failed to explain how this would be achieved.
Public Consultation
The framework encourages pre-application consultation between an applicant and local authority, and also suggests that, where an applicant is not required by law to consult the community (i.e. where the development does not meet the threshold that would see it subject to the duty to consult set out in the Localism Bill), an applicant could be encouraged - by the local authority - to engage with the local community, prior to submitting an application.
Planning Obligations & Conditions
The draft states that "planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition, and then they must meet the following three part test. They must be:
With an eye on using the planning system to drive growth and avoiding un-implemented consents, it stresses that "local planning authorities should avoid unnecessary conditions or obligations, particularly when this would undermine the viability of development proposals".
i) Planning for prosperity
The section on planning for prosperity could quite easily have been penned in the Treasury, pushing the argument that the planning system needs streamlining to spur economic growth. It is the section that most strongly conflicts with the localism agenda being pushed by the DCLG, and states that:
"In considering applications for planning permission, local planning authorities should apply the presumption in favour of sustainable development and seek to find solutions to overcome any substantial planning objections where practical and consistent with the framework" (emphasis added).
There is also a section on "promoting the vitality and viability of town centres" that might go some way to pleasing those who were arguing for greater protection for town centres in the Localism Bill. The framework states that local authorities should "recognise town centres as the heart of their communities and pursue policies to support the viability and vitality of town centres" as well as defining the extent of the town centre and primary shopping area and what development will be permitted in them.
Paragraph 77 states that "local planning authorities should apply a sequential approach to planning applications for retail and leisure uses that are not in an existing centre and not in accordance with an up-to-date local plan". Paragraph 79 states that an impact assessment will be required for a proposed development that falls outside of a town centre if it is not in accordance with a local plan, subject to it hitting a locally-set threshold. If no threshold has been set, the default threshold is 2,500sqm.
On transport initiatives, the Treasury's hand can again be seen as the framework notes that "local authorities should work with neighbouring authorities and transport providers to develop strategies for the provision of viable infrastructure necessary to support sustainable economic growth".
Applications which would generate a significant amount of movement (to be defined locally) will require a Transport Statement or Transport Assessment. Developments of this nature should also require a Travel Plan, exploring how sustainable modes of travel can be maximised.
ii) Planning for people
The NPPF explicitly states that the planning system should be used to provide an increased supply of housing to meet the needs of present and future generations. When planning for housing growth, local authorities will now be required to maintain not only a five-year land supply, but also an additional allowance of "at least 20 per cent to ensure choice and competition in the market for land".
Paragraph 110 states:
"The presumption in favour of sustainable development means that Local Plans should be prepared on the basis that objectively assessed development needs should be met, unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the framework taken as a whole. Applications should be considered in accordance with the presumption. Planning permission should be granted where relevant policies are out of date, for example where a local authority cannot demonstrate an up-to-date five-year land supply of deliverable housing sites."
The draft places emphasis on design, stating that "local plans, including any neighbourhood plans, should develop robust and comprehensive policies that set out the quality of development that will be expected for the area".
The framework reiterates the Government's goal of creating sustainable communities, and the belief that the "planning system can play an important role in facilitating social interaction and creating inclusive communities". This should be done through the creation of mixed-use developments and safe and accessible environments where people are able to come together.
It also states that existing open space, sports and recreational buildings and land including playing fields should not be built on, unless certain assessments are undertaken and "the need for and benefits of the development clearly outweigh the loss".
In regards to the Green Belt, the framework states that it should only be necessary to designate new Green Belt land in exceptional circumstances. Inappropriate development which is harmful to Green Belt should not be approved except in very exceptional circumstances.
iii) Planning for places
This section of the draft sets out the Government's objectives in relation to climate change, flooding and coastal change, and heritage assets, among other things. On the latter, it states that these should be "conserved and enjoyed for the quality of life they bring to this and future generations", and calls for local authorities to create a strategy for conservation of the historic environment, including heritage assets.
Conclusion
A period of consultation will now take place before the final version of the NPPF is published early in 2012. Substantial change is unlikely - after all, the Localism Bill has survived unscathed through its Parliamentary process so far (except for Government-inspired amendments). We can, however, expect a vigorous debate as rural England mounts a rearguard action to prevent fresh proposals for new homes - a battle they thought they had once won.
At the behest of the Treasury, rural England is likely to be disappointed. To sum up the Government's approach, we can do no better than quote the NPPF itself: "A positive planning system is essential because, without growth, a sustainable future cannot be achieved. Planning must operate to encourage growth and not act as an impediment. Therefore, significant weight should be placed on the need to support economic growth through the planning system.
"...Decision-takers at every level should assume that the default answer to development proposals is ‘yes', except where this would compromise the key sustainable development principles set out in this Framework."
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