NPPF update

In the world of planning, December saw a plethora of new publications, one of which was the highly anticipated, updated National Planning Policy Framework (NPPF). After a long 12-month wait since the publication of the consultation draft and 26,072 responses submitted, the new NPPF was finally published on 19 December 2023.

This article reviews some of the key changes from the September 2023 version.

Maintaining supply and delivery

The requirement for local authorities to maintain a 5-year housing land supply has been changed and can be summarised as follows:

• A 5-year housing supply is not required if an adopted plan is less than five years old; and that adopted plan identified at least a five-year supply of specific, deliverable sites at the time its examination concluded. According to Planning magazine this affects 93 local planning authorities.

In all other circumstances, 

• Local planning authorities should identify and update annually a supply of specific deliverable sites sufficient to provide a minimum of five years' worth of housing, OR;
• A minimum of four years' worth of housing where local authorities have an emerging local plan that has either been submitted for examination or has reached Regulation 18 or Regulation 19 stage (about 60 local authorities) including both a policies map and proposed allocation towards meeting housing need.  This only applies until 19 December 2025.

Where there has been significant under delivery of housing over the previous three years, the supply of specific deliverable sites should in addition include a buffer of 20%. This will be measured against the Housing Delivery Test where it indicates that delivery was below 85% of the housing requirement.  This will not apply to local authorities who do not have to continually demonstrate a 5- year housing supply. 

So, what does this all mean? The government states this has 'created the right incentives for rapid plan adoption' (i.e. a stick to get more plans through the system).  However, it may restrict the application of the 'tilted balance' thereby causing fewer applications to be approved.

Delivering a sufficient supply of homes

When assessing the local housing need the NPPF states "the standard method is an advisory starting-point for establishing a housing requirement for the area", despite the original appearance of clarity on this point, it largely remains unchanged from the previous version of the NPPF, as the standard method has always been discretionary. However, councils being allowed to depart from this under "exceptional circumstances" will be interesting to see in practice and could end up making the standard method harder to depart from.

Protecting green belt land

Green Belt boundaries are still not required to be reviewed or altered. The new wording states "once established there is no requirement for Green Belt boundaries to be reviewed or changed when plans are being prepared or updated. Authorities may choose to review and alter Green Belt boundaries where exceptional circumstances are fully evidence and justified".  This has not actually changed the position on allowing authorities to alter Green Belt boundaries in exceptional circumstances which the government accepts and states that the updated wording provides "clarity".

Beauty

The new NPPF includes several references to 'beauty', however without any direction or definition as to what beauty constitutes. Beauty being so subjective and ambiguous in its definition may lead to subconscious prejudice; does beauty constitute a development fulfilling its purpose or does it constitute a development being easy on the eye? How beauty is to be treated, will hopefully become clearer over time. 

Making effective use of the land

Arguably one of the most random changes to the NPPF is that regarding mansard roofs. The NPPF outlines that "planning policies and decisions should allow mansard roof extensions on suitable properties where their external appearance harmonises with the original building". Having survived the consultation process, the mansard roof inclusion comes with more explanation than previously thought (including being defined in the glossary bracket).

Final thoughts

The updated NPPF has been disappointing   As Clive Betts MP pointed out, we are no closer to understanding how the acute housing crisis we face is going to be tackled. It remains to be seen whether the new NPPF will in fact lead to a reduction in housing supply and a resulting adverse impact on the economy.  Let's hope not!