NPPF: What you need to know

1. NPPF: What you need to know Andrew Pritchard Director of Policy & Infrastructure

2. 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

3. 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)

4. 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)

5. 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: Coalition Planning Reform Agenda

6. 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

7. NPPF has replaced… • 21 PPS/PPGs • 9 MPS/MPGs • 2 circulars • 11 CPO letters

8. Which leaves… • PPS10 (waste) • 5 MPGs • National & Regional Aggregates Guidelines • 32 circulars • 54 CPO letters

9. 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

10. 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!)

11. 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)

12. 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!)

13. 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

14. 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)

15. 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

16. 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)

17. 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

18. 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)

19. 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

20. 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

21. 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)

22. 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

23. 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

24. 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?

25. Will appeals rise in the short term as a result of the NPPF?* *Online survey by Planning Magazine

26. Will the NPPF reduce costs to business?* *Online survey by Planning Magazine

27. Will the NPPF reduce delays in the planning system?* *Online survey by Planning Magazine

28. 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

29. And Finally… Good planning is still good planning!