Matthew Pennycook, the Minister for Housing and Planning recently announced the largest revision to the National Planning Policy Framework (NPPF) since its 2012 initiation. The revised NPPF proposes major changes in favour of National Development Management Policies (NDMPs), non-statutory policies which oversee Local planning with centralised national planning objectives in mind.
Looking at the key changes environmentally, there are sizable adjustments to Biodiversity Net Gain, benefitting many Small to Medium Sized Enterprise landowners, while also limiting development for those of larger land ownership, to preserve the environment.
Most of these key changes are in favour of the new revisions to the NDMPs. For example, the first revision, a permanent presumption in favour of suitably located development. This is different to its predecessor, which emphasises ‘sustainable development’. This explicitly supports development linked to rural businesses and services needing locating within rural areas. Similarly, the second NPPF change proposes a default ‘YES’ for development around stations, even within the green belt. This is likely to focus on lower performing or previously developed green belt land and may also create a tension between housing supply and landscape protection. Growth levels will vary by station, with minimum densities per hectare being applied. Furthermore, the third key change ensures the maximising of land use in urban and suburban areas through densification policies.
Other key changes include Biodiversity Net Gain reforms, introducing targeted adjustments to improve proportionality and reduce burdens. This includes exempting sites under 0.2 hectare from BNG requirements (in support of Small and Medium Sized Enterprise developers) rather than the preservation of biodiversity. On the other hand, a ‘rules-based’ planning system has been proposed, to protect nature at scale. This aims for a more concise and predictable system to follow, enabling developments that meet environmental requirements, for instance a new policy on water being proposed to support developments for water supply, drainage or wastewater infrastructure. This links to the other key changes of conserving and enhancing the natural environment, therefore the planning system will work closely with nature, focusing also on green infrastructure and more nature-based, sustainable strategies.
This new draft reads more like a statutory plan, rather than of narrative guidance. This separates the NDMP from the local plans, also stating that the NDMPs carry more substantial weight within decision making. Landowners can expect the national policy to override any local plans, or resistance. Further opportunities include better chances of acceptable development if the development plan fits a defined development type, for example, agricultural diversification, infrastructure and nature-based uses. Also, there is further possibility of more favourable consideration for land nearer to the green belt, hence the default ‘YES’ (fitting into the other key changes), but if a proposal does not benefit one of the key changes, approval may become less likely under discretionary approaches. While the BNG is exempting development for landowners of below 0.2 hectares, it means that larger landowners remain fully exposed to BNG compliance. Some may consider these changes as limiting to their site development.
For more information contact Frank Smith & Co Solicitors on 01242 801748 or www.franksmithandco.com