The National Planning Policy Framework – An Overview

1. The National Planning Policy Framework – An Overview Ian Butter FRICS MRTPI

2. PUBLIC WARNING EVERYTHING YOU ARE ABOUT TO HEAR COULD BE COMPLETELY WRONG!!

3. It’s All About Localism • “Our ambition is …. real change driven by local people working together in their communities” • “A radical shift of power from Westminster to local people … particularly neighbourhoods, the building blocks of localism, will be re-energised and empowered, and innovation and ideas will flow from local people and enterprises”.

4. Determining Development • Section 38(6) of Planning & Compulsory Purchase Act • “….determination must be made in accordance with the plan (the Development Plan) unless material considerations indicate otherwise.”

5. Spatial Planning Failed? • The planning system introduced in 2004 lost its way in too much red tape • Demonstrably failed to deliver at either regional or local level • Plan production proved cumbersome and time consuming • After 7 years only 30% of LPA’s had Core Strategies • “failed soviet tractor-style top-down planning targets” (Eric Pickles MP)

6. The Planning System Current PlanningPolicy Statements Regional Plans Adopted Local Plans Local Development Framework Proposed National Policy Statements NPPF Local Plans (LDF Renamed) Neighbourhood Plans

7. The Current PPS’s • Planning Policy Statement 1: Delivering Sustainable Development (Including Planning and Climate Change supplement to PPS1) • Planning Policy Guidance 2: Green Belts • Planning Policy Statement 3: Housing • Planning Policy Statement 4: Planning for Sustainable Economic Growth • Planning Policy Statement 5: Planning for the Historic Environment ( & Planning Practice Guide) • Planning Policy Statement 7: Sustainable Development in Rural Areas • Planning Policy Statement 8: Telecommunications • Planning Policy Statement 9: Nature Conservation • Planning Policy Statement 10: Planning & Waste Management • Planning Policy Statement 11: Regional Spatial Strategies • Planning Policy Statement 12: Local Spatial Planning • Planning Policy Guidance 13: Transport • Planning Policy Guidance 14: Development on Unstable Land • Planning Policy Guidance 17: Planning for Open Space, Sport and Recreation • Planning Policy Guidance 18: Enforcing Planning Control • Planning Policy Guidance 20: Coastal Planning • Planning Policy Guidance 19: Outdoor Advertisement Control • Planning Policy Statement 22: Renewable energy • Planning Policy Statement 23: Planning and Pollution Control • Planning Policy Guidance 24: Planning & Noise • Planning Policy Statement 25: Development and Flood Risk (Including Development and Coastal Change) • Good Practice Guide on Planning for Tourism (2006) • Draft Planning Policy Statement: Eco-towns – Consultation

8. The NPPF 1000+ pages into just 58 ‘user friendly’ pages

9. What is the NPPF All About? “The National Planning Policy Framework sets out the Government’s economic, environmental, and social planning policies for England. Taken together, these policies articulate the Government’s vision of sustainable development, which should be interpreted and applied locally to meet local aspirations”

10. What is the NPPF All About? “The National Planning Policy Framework sets out the Government’s requirements for the planning system only to the extent that it is relevant, proportionate and necessary to do so. It provides a framework within which local people and their accountable councils can produce their own distinctive local and neighbourhood plans, which reflect the needs and priorities of their communities”.

11. What do we mean by Sustainable Development? According to the NPPF it means: “..development that meets the needs of the present without compromising the ability of future generations to meet their own needs”

12. What do we mean by Sustainable Development? For the Planning System, delivering sustainable development means: • Planning for Prosperity (an economic role) • Planning for people (a social role) • Planning for places (an environmental role)

13. Presumption in favour of sustainable development • The default answer to development proposals is yes • Significant weight should be placed on the need to support economic growth • Grant permission where the plan is absent, silent, indeterminate or out of date • …unless the adverse impacts of allowing development would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF when taken as a whole

14. The Process • Presumption in favour means LPA’s must move quickly toward adopting plans – Certificate of Conformity • Need for Local Plans to be founded on sound evidence base • Plans to cover a 15 year timeframe and.. “reflect the vision and aspirations of the local community” • The ‘Town Centre First’ approach is strengthened • Less rigid approach regarding location of affordable housing

15. NPPF -Plan-Making • Planning System will remain plan-led • Strategic priorities should be set out in the Local Plan • Local Plans should be aspirational but realistic • Additional development plan documents should only be used where clearly justified • Supplementary Planning Documents must not be used to add to the financial burdens of development • In the absence of an up-to-date local plan, planning applications should be determined in accordance with the NPPF • Neighbourhood plans must conform to Local Plans and they must conform to the NPPF

16. NPPF – Development Management • Development management and plan-making should be seamless • The aim is to foster delivery, not to hinder or prevent development • Local Development Orders should relax planning controls for particular areas or categories of development • Neighbourhoods can use a Neighbourhood Development Order to grant planning permission • A Community Right to Build Order can be used, this requires the support of the local community through a referendum • Where Plans are absent or silent, permission should be granted in accordance with the NPPF

17. Other Key Messages • The key housing objective is to increase significantly the delivery of new homes • A requirement to provide a rolling 5 year supply of deliverable housing sites plus 20% to ensure choice and competition • Requirement to set affordable housing targets is not included • No longer a requirement for a sequential approach for office development • Plans should be prepared to meet unmet requirements from neighbouring authorities • Provides much less detail than the current system

18. Opinions? • Is the ‘presumption in favour of sustainable development just a developers charter? • Is neighbourhood planning just a cynical way of passing the buck on politically sensitive local development issues? • Will the Localism approach really deliver much needed housing? • Are you a NIMBY or a YIMBY?

19. Opinions “Reforms could lead to unchecked and damaging development on a scale not seen since the 1930’s”… ”green-light for poor quality or development in the wrong place” Delivering sustainable economic growth in in everyone’s interest whether it is badly needed employment or equally important affordable housing “…we want to make localism work. What is being proposed will be bad for the countryside, bad for towns and cities, and will not win public consent. If the Government does not think again, it can look forward to battles against development up and down the country. How Local Authorities interpret the definition for ‘sustainable development’ will be vital. The economic and social benefits of housing provision simply must be prioritised and Local Authorities need to find ways of accommodating them – consistent with the environmental considerations.

20. Neighbourhood Planning • Neighbourhoods should: • develop plans that support the strategic development needs….including policies for housing and economic development • Plan positively…power to promote MORE development than …in local plan (but not less)

21. Neighbourhood planning aims • Empower communities • Neighbourhood led • Light-touch but robust • Flexible - inspire innovation and creativity • Pro-growth - exploring ways of enabling community supported development • Critical role for local plan in setting strategic context • New basis for partnership work with local authority

22. The Localism Act 2011 • Given Government Approval - 15th November 2011 • Implementation uncertain - but main planning issues expected by April 2012 • Abolition of Regional Spatial Strategies • Removal of Pre-determination concerns • Duty to Co-operate between authorities • Introduction of neighbourhood planning • Community right to bid, build, challenge • Strengthening enforcement rules • Reforming Community Infrastructure Levy • Defining a new format for Local Plans

23. “It’s Planning Jim but not as we know it…”

24. Thank You Ian Butter FRICS MRTPI