The 30 July 2024 was a very big day for the planning world. After the onslaught of buzzwords and vague promises seen from all parties during the election, we may have lost hope in ever receiving a detailed description of what planning reform really means. After waiting with bated breath, it's finally here. The Labour Government has released details of the proposed reforms to the National Planning Policy Framework (NPPF), and you have until 23.45 on 24 September 2024 to tell them your views.

On 30 July 2024, the office of the Right Honourable Angela Rayner MP, Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government, released a written statement ("Written Statement") entitled "Building the homes we need".

Some of the highlights of the Written Statement are:

  1. Local views on local housing needs. Decisions about what to build and where should be reflective of local views and local needs. The updated Standard Method requires local authorities to plan to build the number of homes that are proportionate to the size of existing communities. The reform does this by taking 0.8 per cent of existing stock as a baseline, which is broadly consistent with the average rate of housing growth over recent years. It then incorporates an uplift based on the disparity between house prices and local incomes, using an affordability multiplier of 0.6 per cent, up from 0.25 per cent in the previous method. This removes the need for uplifts and caps, leaving it predominantly in the hands of those more aware of the needs of the community.
  2. Green, Grey or Brown? The first port of call for development should be brownfield land, and the government is expanding this definition to include hardstanding and glasshouses and reversing the change made in the December iteration of the framework which incorporated 'local character' as a reason to reduce densities.

    The Government has acknowledged that the housing goals require more land than the existing brownfield sites. The NPPF reform introduces a requirement to undertake a review of the green belt boundaries in certain circumstances; with "exceptional circumstances" now including "instances where an authority cannot meet its identified need for housing, commercial or other development through other means".

    Additionally, the proposed reform introduces the "grey belt"; defined as land in the Green Belt comprising of previously developed land and any other parcels and/or areas of Green Belt land that make a limited contribution to the five Green Belt purposes (but excluding those areas or assets of particular importance).

    In instances where a local planning authority cannot demonstrate a five-year housing land supply or is delivering less than 75% against the Housing Delivery Test, or where there is unmet commercial or other need, development on the Green Belt will not be considered inappropriate when it is on sustainable 'grey belt' land, where the "golden rules" for major development are satisfied, and where development would not fundamentally undermine the function of the Green Belt across the area of the plan as a whole. This 'grey belt' land will therefore be the second priority space for development, opening more opportunities for developers looking to build much needed housing.
  3. Putting the 'local' back into local plans. Out of date local plans have been hindering growth and Labour's response is to ensure that local leaders and their communities come together to agree on the future of their areas. The goal? "Universal coverage of ambitious local plans as quickly as possible". In the interim period, the following guidance must be adhered to:
    • for plans at examination, allowing them to continue, although where there is a significant gap between the plan and the new local housing need figure, we will expect authorities to begin a plan immediately in the new system;
    • for plans at an advanced stage of preparation (Regulation 19), allowing them to continue to examination unless there is a significant gap between the plan and the new local housing need figure, in which case we propose to ask authorities to rework their plans to take account of the higher figure; and
    • areas at an earlier stage of plan development should prepare plans against the revised version of the National Planning Policy Framework and progress as quickly as possible.

As an important aside, a written ministerial statement can be a material consideration in the determination of a planning application – so this is relevant now!

Consultation on the Revised NPPF

In addition to the above, many changes are proposed to the current NPPF. The changes are a mix of reversing most of the changes made to the December 2023 version of the framework; and the introduction of new policies. There are a total of 106 questions relating to the framework being posed for consultation. Below are some of the highlights.

  1. No more set percentages of First Homes: The policy requirement for the delivery of a set percentage of First Homes may be a thing of the past.
  2. Scrapping the proposed Infrastructure Levy (IL): The infamous IL, set to replace Community Infrastructure Levy (CIL) under the Levelling Up and Regeneration Act (LURA) has been scrapped. Widely donned as a bad idea in the industry, this will not be a well mourned loss.
  3. Presumption in favour of sustainable development: Changes have been proposed to the presumption in favour of sustainable development, changing two sub-paragraphs of paragraph 11 to state that

    "For decision-taking this means:

    (d) where there are no relevant development plan policies, or the policies for the supply of land are out-of-date, granting permission unless []demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole, in particular those for the location and design of development (as set out in chapters 9 and 12) and for securing affordable homes."
  4. Application refusals on Highway grounds: Changes to the test to refuse applications on highway grounds is on the horizon. The previous test "there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe." Has now been upgraded to include severe…" in all tested scenarios". This raises the already high bar for the refusal of applications on highway grounds, meaning that refusals will only be justified if there are severe impacts in all tested scenarios.

As mentioned, there are a total of 106 proposed questions open to consultation and we have merely scratched the surface. A thorough read and review of the new NPPF is advised.

How to get involved

Further details of the "Proposed reforms to the National Planning Policy Framework and other changes to the planning system" open consultation and instructions on how to respond before the closing date of the 24 September 2024 can be found on the Government website.

How we can help

We are always keen to discuss the issues impacting upon your sector with you. Please feel free to pick up the phone and discuss the NFFP reform with us – we would be delighted to share ideas, views and opinions.

Please contact Vicky Fowler, Toni Weston, Ben Stansfield or your usual Gowling WLG contact for further information.

Links to documents and websites referred to in this article

Building the homes we need: Angela Rayner

Angela Rayner House of Commons transcript, 30 July 2024

NPPF proposed reforms and other changes to the planning system

Further details of NPPF open consultation and how to respond