Planning Speed Read: Biodiversity Net Gain Guidance, New National Planning Policy Framework and New Towns
12th August, 2024
A number of key announcements have been made by the new Labour government in recent weeks as part of "taking the brakes off" to achieve growth of the UK economy: A major consultation on the NPPF, the introduction of the "Grey Belt" by Written Ministerial Statement, and a New Towns Taskforce.
Additionally, new guidance on appealing Biodiversity gain plan decisions has now been issued.
New BNG Plan Appeal Guidance
The Planning Inspectorate has published new guidance on appeals against biodiversity gain plan refusals by local authorities.
The appeal process is essentially the same as that for any appeal against a refusal to approve matters required by condition, which requires that any appeal must be:
- Submitted by the party who submitted the biodiversity gain plan to the LPA;
- Received by PINS with within 6 months of either the date on the LPA’s refusal notice or the date on which the LPA should have determined the application;
- Submitted on the Appeals Casework Portal.
The guidance does however contain helpful detail as to what documentation must be submitted with the appeal, including for example the format of the completed biodiversity metric tool, and of course a full statement of case setting out the reasons why .
New National Planning Policy Framework
The Ministry of Housing, Communities and Local Government is consulting on various changes to the National Planning Policy Framework (NPPF), the key document by which all planning decisions are made. First introduced in March 2012, the NPPF has already undergone several revisions and modifications in it’s lifetime, with the most recent only last December. The consultation can be found here.
Some of the key points that are being consulted on include:
- A new standard method for assessing housing need;
- Enabling development on “grey belt” land in existing Green Belt areas with a new definition; and
- Measures aimed at increasing the provision of Social Rent housing on new developments through:
- The removal of the requirement that 10% of any residential development should be delivered as affordable housing for home ownership
- An express requirement for a minimum proportion of Social Rent homes to be set out in local planning policy
- The effective cancellation of the First Homes WMS which required 25% of all affordable housing on site to be delivered as First Homes.
Whilst there has been much publicity about the “grey belt” in the national press, it remains to be seen whether development on Grey Belt sites are commercially viable, in particular given the “Golden Rules” that are required to be delivered in respect of such sites, including a requirement (subject to viability) for at least 50% of any dwellings to be secured as affordable housing, with an appropriate proportion again being required to be delivered as Social Rent. Such developments may still receive significant opposition from those communities living in the Green Belt, so it may not be the silver bullet that some have hoped for.
In respect of affordable housing, the proposals clearly mark a shift away from the previous Government’s focus on home ownership, and furthermore appear to be seeking to re-prioritise Social Rent over Affordable Rent, which may further impact on the viability of sites coming forward.
Of further significance, the consultation document confirms that the Government does not intend to proceed with the Infrastructure Levy reforms as set out in the Levelling Up and Regeneration Act 2023. This is likely to be a welcome proposal to many in the development industry; given the number of reforms the new Government are looking to propose in the coming years it will be helpful that developer obligations are to remain in a familiar format.
There are a total of 106 questions to be answered as part of the consultation, and submissions have to be made by 11:45pm on 24 September 2024. It is currently understood that any changes resulting from the consultation will come into effect before the end of the year.
Grey Belt Ministerial Statement
Despite the proposed changes in the NPPF, a preference for LPAs to grant applications for residential development on “Grey Belt” sites is already a material planning consideration following a made by the Secretary of State for Housing made on 30 July 2024 .
In the statement, the Secretary of State said that MHCLG will be “requiring local authorities to review their Green Belt boundaries where they cannot meet their identified housing, commercial or other development needs” and that “Where authorities are under performing … [by] failing to deliver enough homes … [we will] make it clear that applications for sites not allocated in a plan must be considered where they relate to brownfield and grey belt land.”
Following the ruling in Cala Homes (South) Ltd [2011], written ministerial statements constitute material planning considerations and therefore must be factored into the decision-making process by LPAs. However, until any of the proposed changes come into effect, LPAs are not duty-bound to follow this requirement by the SOS and may therefore still refuse any applications for development in the Green Belt.
New Towns
The Government also announced an all-new panel of experts tasked with spearheading the “largest housebuilding programme since the post-war period” to “create largescale communities of at least 10,000 new homes each, with many significantly larger“.
Though a policy paper has been published, there is still not much detail as to where these new towns are likely to be situated, so is definitely something for developers and landowners to keep an eye on.
Should you have any questions about the NPPF consultation and its implications or lodging an appeal with the Planning Inspectorate, please reach out to Kamran Hyder or a member of our specialist Planning Team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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