NPPF and Appeals: A Comprehensive Guide for Effective Planning Decision Making

1. NPPF and Appeals in the new world Peter Burley Chief Planning Inspector The Planning Inspectorate

2. Overview • Localism Act has given authorities more power but also more responsibility • The bar has been raised in relation to plan making • Relationship between decision taking and plan making should be seamless

3. Three Roles (i) • Economic role - clear message on the need to build a strong, competitive economy • Social role - note reference to housing supply and high quality built environment • Environmental role - protecting and enhancing natural, built and historic environment

4. Three Roles (ii) • Challenge is to seek gains jointly and simultaneously in the three roles – economic, social and environmental • Should not be considered in isolation – are mutually dependent • Different opportunities for achieving sustainable development in different areas • Not a new challenge

5. Decision taking (i) • Presumption in favour of sustainable development • Look for solutions, not problems • Plan-led, so approving development proposals that accord with the development plan without delay • Where development plan is absent, silent or out-of-date, grant permission unless paragraph 14 criteria apply

6. Decision taking (ii) • Planning applications/appeals must be determined in accordance with the development plan unless material considerations indicate otherwise • Development plan includes adopted or approved DPDs i.e the local plan and neighbourhood plan, and the London Plan • Regional strategies also remain part of the development plan until they are abolished

7. Decision taking (iii) • NPPF policies are material considerations • Paragraph 214 transitional provision for DPD policies adopted since 2004 • Paragraph 215 applies to saved policies and to the post-12 month period • Meaning of `due weight’ – development plan weight remains the same but may be outweighed by NPPF policies

8. The Economy • Clear message that planning system must do all it can to support economic growth • Decisions based on realistic view of land requirements, viability and market factors • Town centre vitality, sequential and impact assessments, evidence-based decisions • Sustainable growth and expansion of rural economy, protection for local services

9. Housing (i) • Requirement for 5-year supply of deliverable housing sites re-affirmed and strengthened (paragraph 47) • Additional buffer of 5% or 20% • Persistent under-delivery • No definition – consider market cycles

10. Housing (ii) • Annual updating of housing land supply • Are sites genuinely deliverable? • Viability • Justification for windfalls estimates • Relevant DP policies not up-to-date if 5-year supply cannot be demonstrated

11. Traveller sites • Note new policy must be read in conjunction with the NPPF • Significantly more demanding • 5 year supply of sites needed just like any other housing • If under-supply, temporary planning permissions may be justified

12. Viability • Increased emphasis • Take full account of relevant market and economic signals – paragraph 158 • Ensuring viability and deliverability – paragraph 173 • Cumulative impact of demands

13. Green Belt, Design, Climate Change • Technical, relatively minor changes to Green Belt policy – paragraph 89 • Design – great weight to outstanding or innovative designs; mitigating factor for highly sustainable buildings that might otherwise be incompatible with townscape (paragraphs 63 & 65) • Maximise renewable and low carbon energy development - paragraphs 96-98

14. Conclusion • Getting plans in place is critical • No plan means increased vulnerability on appeal • Pre-application engagement and front loading • Evidence-based decision taking • Best practice behaviour at appeal stage