On 19 December 2023 the government published an updated National Planning Policy Framework (NPPF) setting out a series of amendments intended to deliver more beautiful and sustainable housing. In a speech at the Royal Institute of British Architects, the Secretary of State for Levelling Up, Housing and Communities (SoS) summarised the key impediments in the planning system that the NPPF amendments seek to address:

• beauty
• infrastructure
• democracy
• environment
• neighbourhood.

The SoS also stated that there would be a significant crackdown on Local Planning Authority (LPAs) who are consistently underperforming against targets and do not have a local plan in place. 

In the below insight we summarise some key takeaways from the NPPF update and what this means for housing development.

Building Beautiful

The SoS identified that a significant objection to new development is a result of the appearance and design of new developments.

The amendments make more references to beautiful, well-designed developments which will be “primarily” led by the adoption of local design codes. Planning conditions should also accurately set out the approved drawings and materials so that the design of the development is clearly visible.

LPA Housing Policy

Housing Land Supply

The NPPF amendment confirms that the standard method for assessing local housing need is an advisory starting point with an uplift in cities and urban centres to encourage Brownfield development and regeneration. 

Consideration should be made for retirement housing and people with care needs.  

There is no longer a requirement for the LPA to demonstrate an annual five year land supply where the local plan is up to date. 

The amended NPPF confirms that there is no requirement for LPAs to review Green Belt boundaries when updating their local plans. 

Where the LPA demonstrates a consistent under delivery of three years, specific consequences apply as follows:

• below 95% = action plan to assess the under delivery and identify action points
• below 85% = 20% buffer to the identified supply
• below 75% = presumption in favour of sustainable development.

In his speech, the SoS emphasised the importance of adopting up to date local plans and that the SoS would be more proactive in intervening where this was not being undertaken.  

Community-led Development

“Entry Level” sites have now been replaced by “Community-led Development”. These are developments that are taken forward by a not-for profit organisation with the purpose of delivering affordable housing for the community.

The sites should be supported and arranged with a registered provider and protected over time. In exceptional circumstances, a proportion of market homes will be allowed in order to deliver the units without grant funding.

Environment

Climate change and environment remains high up in the agenda. 

Where development is proposed on Open Space, any loss should be replaced with an equivalent or better offer. This supplements the existing Habitat Regulations and the Biodiversity Net Gain requirements expected to come into force this month.  

In considering the environmental impact of suitable sites, the NPPF strengthens the protection for agricultural sites by providing that the LPA should also consider the availability of agricultural land for food production.  

Significant weight is also placed on energy efficiency including the installations of solar panels and heat pumps.  

No specific plans were outlined in the SoS’ speech on nutrient neutrality.

What does this mean for you?

The key message from the amendments is that it is imperative LPAs adopt an up to date Local Plan. The aim is for this to deliver more housing supported by communities and prevent as much speculative housing coming forward.

The SoS’s speech and Written Ministerial Statement accompanying the updated NPPF emphasises that intervention will be taken to underperforming LPAs including those with a high proportion of decisions being overturned at appeal.  

There is a focus on urban regeneration and building upwards; developers should seek uplifts in the density of developments unless it would be wholly out of character with the existing area. This presents a higher threshold to depart from the policy. 

Whilst the NPPF still does not impose hard housing targets for LPA’s, it intends to empower and incentivise the adoption of Local Plans in order to deliver the right homes in the right locations based on community needs. Where plans are up to date, it is intended that this will protect communities from speculative development and provide developers more certainty.

How Capsticks can help 

Our Housing and Regeneration team, one of the largest in the country, advises on all types of development transactions; from forward funded schemes, section 106 developments and stock rationalisations to plot sales and general asset management work. We are experts on all aspects of construction dispute resolution and health and safety matters. 

Our specialist local government advice is cost-effective and strategic, complemented by practical knowledge of your daily challenges. Capsticks aims to be the firm of choice for organisations working within the local government sector, offering a full range of services including advising on governance, vires and constitutions, applying for and delivering large regeneration projects, updating constitutional documents, refresher procurement training and support in preparing for an upcoming employment tribunal. 

If you have any queries around what's discussed in this article, please speak to Suzanne Smith or Jennifer Eng to find out more about how Capsticks can help.