The Government has published a new draft NPPF  to achieve sustainable growth in our planning system and to seek views on a wide range of policy proposals; the key one being to introduce much needed reform to housing delivery!

These changes are out for consultation until 24th September 2024 and are accompanied by a consultation document. Whilst listing 106 questions on a wide range of topics and new policies that seek to reverse changes made to the December 2023 version, there is a new emphasis on an ambitious target to increase house building and delivering greater economic growth!

The Government are inviting comments on the following key changes relating to:

Housing Need and Reintroducing the Standard Method:

LPAs will be required to revert to the new mandatory Standard Method to boost housing delivery, albeit it is not a binding requirement. Outside of London most Local Authority Areas will see a significant uplift in their Local Housing Need figures. The specific numbers for each district authority can be obtained from the Government’s spreadsheet.

There are also proposals to amend the policy on housing mix and in terms of affordable housing to specify the minimum proportion of homes that are social rent.

Housing Land supply:

In an attempt to significantly boost the supply and delivery of housing, the new NPPF restores the requirement for LPAs to demonstrate a 5 YHLS even when the adopted plan is less than 5 years old. The 5% buffer is reinstated alongside the 20% buffer for LPAs that have scored below the 85% requirement in the housing delivery test.

Unsurprisingly, the reduced requirement to demonstrate a 4 YHLS for development plans that have been submitted or reached Regulation 18 or 19 stages has been deleted meaning LPAs need to remain consistent in their housing delivery targets regardless of the progress they have made with their new local plans.

Strategic Planning:

The government has promised to introduce new legislation to require all areas to take a “cross-boundary strategic planning approach” in a bid to boost the delivery of new homes, however it does not make clear what organisation or tier of local government should oversee this process!

Reforming and strengthening the Presumption in Favour of Development:

Whilst the ‘tilted balance’ remains the same, the forthcoming updates will clarify the policies that can be considered out-of-date, e.g. the supply of land and removing the four-year housing supply safety net. The changes proposed also highlight the importance of the location and design of development including affordable housing when applying the presumption.

Transitional Provisions for Local Plans expressed in Annex 1:

For decision making, NPPF policies will come into effect immediately. Local Plans that do not reach Reg 19 stage by the time the new NPPF comes into force will need to take into account the new policies of the NPPF and be required to update their Local Housing Need figures. Local Plans that reach adoption with an annual housing requirement of more than 200 dwellings per annum lower than the published housing need figure will be immediately required to undertake a review.

Green Belt protections reduced and the introduction of ‘Grey Belt’:

LPAs will be strongly encouraged to amend GB boundaries to accommodate housing needs in sustainable locations. Emphasis on “Grey Belt” will see previously developed sites and other parcels of land that make a limited contribution to the 5 GB purpose tests come forward for development in the right locations, particularly in those authority areas lacking a 5YHLS and by adhering to the “golden rules” of GB release i.e. “Grey Belt” sites will only be built on if half the homes are affordable, the plans enhance the local environment and the necessary infrastructure is in place. The changes represent a significant shift to relax GB policy!

Energy/Climate change matters:

Paragraph 161b emphasises the overall support for renewable energy and low carbon energy sources (and associated infrastructure), requiring LPAs to identify suitable areas for development, rather than just consider identifying such areas. This position is further reinforced by the introduction of “significant weight” for the contribution of renewable and low carbon developments towards renewable energy generation and a broader net zero carbon future.

Other more general changes relate to local plan intervention criteria and appropriate thresholds for certain Nationally Significant Infrastructure Projects. The NPPF will also refocus design policy on good design rather than ‘beauty’!

The Ministerial Statement that supports the subsequent proposed changes to the NPPF suggests a commitment to brownfield-first development alongside the proposed definition of “Grey Belt”, which until now has been left to speculation!