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National Planning Policy Framework

National Planning Policy Framework. Development Management. Roy Pinnock Senior Associate. NPPF: Development Management. Principles The Presumption. Legal Framework Highlights Dundee Need Prematurity Housing supply. NPPF: Principles. CORE PLANNING PRINCIPLES (I) GROWTH.

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National Planning Policy Framework

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  1. National Planning Policy Framework Development Management Roy Pinnock Senior Associate

  2. NPPF: Development Management • Principles • The Presumption • Legal Framework • Highlights • Dundee • Need • Prematurity • Housing supply

  3. NPPF: Principles CORE PLANNING PRINCIPLES (I) GROWTH • Plan-led, unless the plan is ‘out of date’ • Creative exercise • Proactively […] support sustainable economic development • Every effort to • identify and meet development needs • respond positively to wider opportunities for growth • Significant weight should be placed on the need to support economic growth

  4. NPPF: Principles CORE PLANNING PRINCIPLES (II) …BUT NOT AT ANY COST • ‘Always secure’ high quality • Proportionate conservation of heritage VS • ‘Take account of’/ ‘Recognise’ diversity and character • ‘Take full account of’ flooding, renewables etc

  5. NPPF: Principles CORE PLANNING PRINCIPLES (III) MEETING NEEDS • Respond to market signals • Plan to meet anticipated ‘needs’ • ‘…in full’ (main town centre uses & housing) • ‘not compromised by limited site availability’ • ‘Out of date’ (and presumption applies) if not

  6. NPPF: Legal Framework POLICY MEANING: 20 April 2012: Minister for Decentralisation NOT ‘HUMPTY DUMPTY’ LOCALISM WORLD SUSCEPTIBLE TO JUDICIAL REVIEW • NPPF meaning is for locals 21 March 2012: Tesco Stores Limited v Dundee City Council [2012] UKSC 13 • meaning of site suitability in sequential test • development plan meaning is for the courts • ‘suitable’ means suitable for the development proposed – locationally specific schemes…

  7. NPPF: Presumption in Favour A CONSIDERATION FOR LPAs • Where relevant policies are 'out of date', the presumption in favour will be engaged where:(a)the good outweighs the bad overall and there are no specific NPPF restrictions(b) there are no material considerations otherwise (fnote 10). • …including the adopted development plan? • Weight to be given to adopted policies supposedly depends on the extent of conflict with the NPPF A POWERFUL PRESUMPTION… FOR INSPECTORS

  8. NPPF: Legal Framework WHAT DOES THAT MEAN IN PRACTICE? • S.38 applies - the starting point is always the development plan. • Limited conflict with the NPPF: full weight can be given to the development plan policies. • More than limited conflict with the NPPF: development plan should be given weight according to the degree of consistency with the NPPF, but the LPA may decide otherwise, if they have reasons to do so. • Policies • are not ‘out of date’ just because they predate the NPPF • will not be out of date if there is only limited conflict with the NPPF • will be out of date if there is more than limited conflict with the NPPF • may be out of date for other reasons – i.e. evidence superseded

  9. NPPF: Viability TENSION: MITIGATION AND DELIVERY • Viability industry and Local Plan challenge • A nod to DM? (paragraph 176 added) • S.106 mechanisms and negotiation strategies to avoid ‘Viability = Planning’

  10. NPPF: Housing MEET NEEDS IN FULL • HLS - windfalls allowed VIABLE BURDENS • Viability challenges – ‘throughout the cycle’ VIABLE SITES • Linkage with CIL STANTON APPEAL • Encouragement to use: • EDMOs • CPOs • SUEs (‘Garden Cities’) • Market units on Rural Exception Sites

  11. NPPF: Prematurity • Now fairly common.. • Despite silence in the NPPF • Planning System: General Principles (2005) • Cala, Newmarket, St Austell

  12. Informed by viability throughout the economic cycle? ‘Up to date’ Plan policy? 12 months… LHDG, RICS, RTPI, PAS/ ATLAS

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