View
213
Download
0
Category
Tags:
Preview:
Citation preview
NPPF: What you need to know
Andrew PritchardDirector of Policy & Infrastructure
Introduction
● The View from DCLG● Background● What has the NPPF replaced (& what is still there)● What has changed (and what has not)● Transitional Arrangements● What about RSSs?● Assessing conformity with the NPPF● What may be the impact of the NPPF?● Conclusions
The View from DCLG (1)
“The NPPF is a framework for local decision making and it is for councils to make a judgement on its interpretation”
Rt Hon Greg Clark MP, Planning Minister
(20 April 2012)
The View from DCLG (2)
“DCLG advice is not geared at telling you: ‘this is what the policy means’”
Steve Quartermain, Chief Planner
(18 April 2012)
Background: Coalition Planning Reform Agenda
● Absolute commitment to housing and economic growth
● Continue to protect and enhance the natural and historic environment
● Put power back into the hands of local people through the removal of top down targets
● Delivering a simpler & more effective system
● Introduce powerful incentives so communities gain the benefits of growth
● Restore the idea that development can be a force for good
Background: NPPF Process
● NPPF proposed in ‘Open Source Planning’ and was part of the Coalition Agreement
● Initial ‘issues’ consultation Dec 2010● Highlighted in 2011 Budget Statement● PAG Draft published May 2011 ● Consultation draft published in July 2011● 16,000 responses ● Final NPPF published March 2012 and
implemented with immediate effect
NPPF has replaced…
● 21 PPS/PPGs● 9 MPS/MPGs● 2 circulars ● 11 CPO letters
Which leaves…
● PPS10 (waste)● 5 MPGs● National & Regional Aggregates
Guidelines● 32 circulars ● 54 CPO letters
plus…
● A new separate policy statement on planning for Gypsies & Travellers (replacing Circulars 01/06 & 04/07)
● A new ‘NPPF Technical Guidance’ document covering minerals and flood-risk issues previously part of MPS/PPSs
and…
● Existing PPG and PPS practice guides and some ‘stand alone’ annexes
● A range of other best practice documents including the Plan Making Manual, Housing Market Assessment Guidance etc
● …all subject to review but extant for the time being (so you may want to make sure you have an electronic copy of anything useful!)
in addition…
● 12 National Infrastructure Policy Statements
● Some of which are also relevant to local planning decisions (e.g. Renewable Energy Infrastructure NPS – see footnote 17 in NPPF)
What policy has changed?
Not as much as we might have expected from the draft, but still some significant changes, including:
● Presumption in favour of SD● Viability ● Housing ● Greenbelt & Green Space● Duty to Co-operate (see later presentation!)
Presumption in favour of SD
● Policy presumption (as opposed to the legal presumption in favour of the development plan)
● Emphasis on developing plans that meet ‘objectively assessed’ need and approving applications that are in conformity with plans quickly (subject to footnotes 9 & 10!)
● Without a plan, the NPPF becomes the starting point for decisions
● Model local plan policy available at: http://www.planningportal.gov.uk/planning/planninginspectorate/presumption
Viability
● An important new policy emphasis – driven by the current economic situation
● ‘Investment in business should not be over-burdened by the combined requirements of planning policy expectations’ (para 21)
● Plan policies should provide for ‘competitive returns to a willing land-owner and a willing developer to enable the development to be deliverable (para 173)
Housing (1)
● Plans should meet objectively assessed housing need in full (as long as this is consistent with the rest of the NPPF!)
● Sites should be ‘deliverable’ (capable of being built in 5 years)
● 5 years supply of deliverable sites required– plus buffer of 5% brought forward from later in the plan period, or 20% where a record of persistent under-delivery (para 47)
● No definition of persistent under-delivery – but would seem to include most councils in the current circumstances
Housing (2)
● Affordable Housing definition in glossary a condensed version of that in PPS3 (see Government response to DCLG Select Committee)
● Windfalls can be considered as part of housing supply (para 48) – but only if well evidenced and excludes garden land!
● Conversion to housing from commercial use should normally be approved provided no ‘strong economic reasons’ why not (para 51)
● Garden Cities are back! (para 52)
Greenbelt & Green Space
● Strong political pressure to maintain existing greenbelts (ref footnote 9), and main substance of PPG2 remains
● Gypsies and Travellers sites are now ‘inappropriate’ in the Green Belt (G&T Policy)
● Some more flexibility within greenbelts for infill, replacing/extending buildings and local transport infrastructure, plus ‘Community Right to Build’ schemes
● New local green space designation – same development status as greenbelts
Other issues
● Brownfield emphasis remains, but no national target and subject to ecological considerations
● Quite a strong emphasis on design including reference to design review process (supported by OPUN/EMC initiative)
● Offices back as part of the town centre test● Employment sites can be maintained unless
there is ‘no reasonable prospect’ of development for that purpose (para 22)
What has not changed?
● The key issue is that we still have a ‘plan led’ planning system
● An adopted development plan is still ‘king’ (as long as it is consistent with national policy – which has always been the case).
● As long as this legal presumption remains, we have a viable planning system and councils can still have a strong measure of local control
Further reading…
● PAS NPPF self assessment checklist: www.pas.gov.uk
● Government Response to DCLG Select Committee Report on NPPF
http://www.communities.gov.uk/publications/planningandbuilding/nppfresponse
Transitional Arrangements
● Adopted plans given full weight for one year, as long as only ‘limited conflict’ with NPPF (para 214)
● Emerging plan policies given weight relative to level of objections and conflict with NPPF (para 216)
● Saved policies still material, but trumped if in conflict with NPPF (para 215)
What does ‘limited conflict’ with the NPPF mean?
● No easy answer – it will be a question of ‘fact and degree’
● PAS NPPF self assessment checklist will help to highlight the issues important to you
● In the end it will probably come down to the extent to which the plan can flexibly meet need in a way that is deliverable and sustainable
What about RSSs?
● No date for revocation yet – DCLG still working through the consultation responses to the SEA reports
● Where it would be appropriate ‘regional strategy policies can be reflected in local plans by undertaking partial reviews…and LPAs may…draw upon evidence that informed regional strategies.’ (para 218)
● You may also want to consider capturing useful regional policies in non-statutory strategic statements
What may be the impact of the NPPF?
● Will appeals rise in the short term as a result of the NPPF?
● Will the NPPF reduce the costs to business?
● Will the NPPF reduce delays in the planning system?
Will appeals rise in the short term as a result of the NPPF?*
*Online survey by Planning Magazine
86.40%
13.60%
Yes
No
Will the NPPF reduce costs to business?*
*Online survey by Planning Magazine
33.30%
67.70%
Yes
No
Will the NPPF reduce delays in the planning system?*
*Online survey by Planning Magazine
22.6%
77.4%
Yes
No
Conclusions
● Do not expect any ‘divine insight’ from DCLG – it is down to you (plus PINS and the lawyers!) to work it out
● We are probably in for an extended period of uncertainty – so you will need to be flexible
● In the meantime, focus on understanding the evidence and working with Members and local communities to create deliverable plans
And Finally…
Good planning is still good planning!
Recommended