National Planning Policy Framework reforms consultation: Legal comment

A new set of reforms to planning policy have been unveiled by the government as part of its ambitions to build 1.5 million homes during this parliament. 

The Ministry of Housing, Communities and Local Government has today (16 December) launched a consultation into its new National Planning Policy Framework (NPPF). 

Ben Standing, Partner in planning at UK and Ireland law firm Browne Jacobson, said: “It’s clear that with the government putting its pledge to build 1.5 million homes at the heart of its economic growth ambitions, it’s pulling on every lever it has control over by making sweeping changes to environment regulations and planning policy.

“The latest consultation on an amended NPPF – which comes just a year after publishing a revised version – brings forward significant changes to how planning decisions are made by local and national government.

“In particular, there is a targeted push to unlock small and medium-sized plots of land for development by creating a new ‘medium’ category for sites, exemptions for smaller sites from biodiversity net gain regulations and new benchmark land values.

“These are often regarded as the most difficult sites to bring forward for development due to land costs and local opposition. While the government wants to introduce a permanent presumption in favour of suitable development, it must be mindful of how councils and developers engage communities early on so that valid concerns are mitigated ahead of construction work. This can ensure local people feel they are benefitting, not suffering, from national development targets.

“More broadly, there is a danger that constant planning policy flip-flopping actually holds back development rather than accelerates it. In our experience, regular significant changes to the system creates uncertainty for developers on how to cost these in, while local authority planners require sufficient guidance so they can make good decisions.

“Planning policy will only ever be one piece of the jigsaw in the government’s quest to build more homes. It must address the viability problem by tackling the wider economic and skills challenges that make construction so expensive.”