The draft NPPF mainly consolidates and reiterates the existing planning policy without introducing much that is new. The most significant new concepts introduced by the NPPF are:

  • a presumption in favour of sustainable development;
  • that local planning authorities should grant planning permission where the existing local plan is absent, silent, indeterminate or where relevant policies are out of date;
  • planning should proactively drive and support the development this country needs and every effort should be made to identify and meet the housing, business and other developmental needs of an area;
  • planning policies and decisions should take into account local circumstances and market signals such as land prices, commercial rents and housing affordability; and
  • local planning authorities should identify and maintain a rolling supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements. The supply should include an additional allowance of at least 20% to ensure choice and competition in the market for land.

Sustainable development

At the heart of the controversy is the NPPF's presumption in favour of sustainable development. Critics of the reforms seem to have conveniently ignored the word 'sustainable' and regarded the proposals as containing simply a presumption in favour of development.

The National Trust in its criticism of the NPPF has claimed that if left in its current form, it will lead to unchecked and damaging development in the countryside. This criticism ignores many of the safeguards built into the NPPF, for instance:

  • planning policies and decisions should seek to protect and enhance environmental and heritage assets in a manner appropriate to their significance; and
  • development likely to have a significant effect on sites protected under the Birds and Habitats Directives would not be sustainable under the terms of the presumption in favour of sustainable development.

Housing

The requirement to include "headroom" of at least 20% in the sites identified by local planning authorities for housing is particularly welcome for a number of reasons. Firstly, it is extremely difficult to identify precisely the amount of land need to meet demand on a rolling five year basis. Secondly, identifying land that is just enough to meet that demand distorts the market. Allowing the headroom proposed will allow market forces to operate, increasing competition and benefitting purchasers. Indeed, this approach should be extended to land allocated for retail, office and leisure use.

Consultation

The government's consultation on the draft NPPF closed on 17 October 2011 and its response is expected in the New Year. Both David Cameron and George Osborne have publically supported the presumption in favour of sustainable development contained in the NPPF. It will be interesting to see whether the NPPF in its final form will live up to the government's desire to reform the planning system to support economic growth.

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