The Government published proposed reforms to the National Planning Policy Framework (NPPF) on 30 July 2024 and is seeking public input on these changes until 11:45pm on 24 September 2024. The proposal seeks to undo a number of changes made to the NPPF in December 2023 to streamline the planning process and push through an ambitious plan to get Britain building. 

This insight focuses on the impact to the local plan-making process.

What do the NPPF Reforms mean for local plan making?

In order to support the Government’s clear ambition to deliver 1.5m homes there is a focus on ensuring that every local authority has an up to date local plan as quickly as possible. This is important to ensure that there is control, stability and certainty over development within the administrative area that has encouraged maximum public engagement to ensure future growth in the right place. The danger of not having an up to date local plan, of course, often leads to unwanted development in unsuitable locations which come forward on an ad-hoc basis.

As such Chapter 12 of the NPPF Consultation sets out in more detail how local planning authorities should prepare local plans in response to the revised NPPF.

What does this mean for local authorities in the process of revising their local plan?

Transitional arrangements are set out in Annex 1 of the NPPF and are outlined as follows:

• For plans at examination - allowing them to continue to be examined under the version of the NPPF they were submitted under. However, where there is a significant gap between the plan and the new local housing need figure (more than 200 dwellings per annum higher than the annual housing requirement set out in the adopted version of the plan), those authorities will be expected to begin preparation of a plan under the new system as soon as possible.
• For plans at an advanced stage of preparation (Regulation 19) - allowing them to continue to examination under the version of the NPPF it has used when preparing the plan thus far. However, if there is a significant gap between the plan and the new local housing need figure (more than 200 dwellings per annum between the local planning authority’s revised LHN figure and the emerging housing requirement), in which case those authorities will need to rework their plans to take account of the higher figure.
• Areas at an earlier stage of plan development - should prepare plans against the revised version of the NPPF and progress as quickly as possible.

Given the proposed changes (if adopted) this will naturally mean a pause and re-working of local housing need figures and reviewing and revising the impacts of such on the various policies. The Government recognise this will cause delay, but consider it necessary to ensure sufficient housing will be delivered over the plan period.

What are the consequences of not acting quickly enough?

The Deputy Prime Minister has stated she will not hesitate to use her powers of intervention, which could mean stepping in and taking over the role of plan making. We have heard this before from her predecessors and whether the appetite is there to actually do this remains to be seen, however with only 110 local planning authorities having adopted a local plan in the last five years (as of March 2024 based on statement made by Lee Rowley the former Minister for Housing Planning and Building Safety) there is a large number of authorities without an up to date local plan.

In summary 

The proposed transitional arrangements seek to provide clarity for those local planning authorities in the process of revising their local plan. Where local planning authorities fail to act quickly there is a threat of intervention, albeit whether these powers would be used is yet to be seen.

Capsticks’ view and how we can help

We encourage you to make any desired responses on the proposed reforms to the NPPF before the consultation closes at 11:45pm on 24 September 2024. Guidance on how to make comments can be found through this link here and enquiries about the consultation contact can be made to the following contact: [email protected]

Our specialist local government advice is cost-effective and strategic, complemented by practical knowledge of your daily challenges. We are experts on all aspects of compliance with these new legal requirements and can advise on the broader changing landscape of the planning law.

If you have any queries around what is discussed in this article, and the impact on your organisation, please speak to the Planning Team to find out more about how Capsticks can help.