Key changes in the draft revised National Planning Policy Framework

It was also an opportunity for the government to do some house cleaning ahead of Tuesday’s Spring Statement, consolidating a range of proposals raised during the past couple of years into one place.

There were three main parts to the announcement:

• The publication of the draft revised NPPF, on which there will be a consultation running until May 10, with a final version due for publication “before the summer”. This final version will become official planning policy.
• A consultation on developer contributions which runs alongside the NPPF consultation.

Draft planning guidance on viability.

There were also separate policy plans referenced in Theresa May’s speech and the NPPF documents with little accompanying detail. These included permitted development rights (PDR) for upward development, or building on rooftops, which may be examined more fully in the Spring Statement.

Some of the key points from the announcements and publications include:

A suggested move away from viability assessments in the decision-making stage of development. The consultation states that plans for affordable housing numbers should be set locally, using a new standardised method for calculating housing need – more detail on how this method will work will be published as guidance soon.

This echoes the Mayor of London’s  “fast track” planning scheme, meaning there is no need for the viability process where an affordable housing target of 35% is reached, or 50% for residential developments built on public land.

The consultation on developer contributions includes changes to the Community Infrastructure Levy, including allowing charging schedules to be set based on existing use of land, whereas currently they tend to be set at lowest common denominator level to accommodate least viable proposals. 

This consultation also includes a suggestion to set developer contributions nationally and make them non-negotiable. This would require further consultation – so is unlikely to come into force at the same time as the NPPF – this could be a year or more in the future.

The draft revised NPPF also maintains the strong protections of the Green Belt and retains a high bar before Green Belt land may be released. Where Green Belt is released, first consideration should be given to land which has been previously-developed or which is well-served by public transport.

What next?

The consultation for the draft revised NPPF and associated consultations close on May 10th. The final revised NPPF should be published “before the summer” at which point it becomes official planning policy.

Next week, on 13th March (Spring Statement), Sir Oliver Letwin will give an initial update on his review to tackle “barriers to building”, largely looking at why the rate of delivery is perceived to be too slow. Accompanying documentation published alongside the NPPF provides a glimpse of further reforms under consideration, subject to Mr Letwin’s review, that include:

• A new permitted development right for upwards extensions - a recent Knight Frank report has examined the opportunities in central London; and More effective ways of bringing agricultural land forward for housing.

The Prime Minister Theresa May’s speech also hinted at other proposals that would form part of Mr Letwin’s review, including:

• Allowing councils to take a developer’s previous rate of build-out into account when deciding whether to grant planning permission.