UK: Stand And Deliver

Last Updated: 8 March 2018
Article by Daniel Farrand, Lucy Langley, Johnny Kelly and Jade Chalmers

With six fewer paragraphs than its predecessor, the revised draft National Planning Policy Framework (NPPF) was launched Monday morning by Prime Minister Theresa May.

In the first major overhaul of the NPPF in six years, the draft will now be open for consultation until 10 May 2018. As well as a revised framework, guidance has also been produced on the new policies for viability and deliverability, including a new Housing Delivery Test mechanism.

In a sign of the political times, these changes were announced personally by May rather than by the Secretary of State for Housing. The Prime Minister appears acutely aware that failure to solve the housing shortage in parts of the country could lose her party the next general election.

In line with the government's rhetoric and focus over recent months, the changes to the NPPF focus on the failure of both the development industry and local planning authorities to deliver housing.

The draft NPPF includes both a new definition of what 'deliverable' actually means, and a new chapter on 'Delivering a sufficient supply of homes'. This seeks to implement a number of proposals from the previous Housing White Paper (February 2017), and the Planning for the Right Homes in the Right Places consultation of September 2017.

Following a speedy review, some revisions that have jumped out of a comparison of old against new are:

  1. The changing needs of the population

    Paragraph 62 acknowledges the changing needs and aspirations of the population and the different types and tenures of homes. This includes specifically – and for the first time – a student accommodation and the Build to Rent model as defined types and tenures, echoing the London Mayor's recognition of the diversification of the housing market in his recent draft London Plan.
  2. Local councils' failure to deliver

    Paragraphs 11 and 75 introduce new guidance for housing applications where a local planning authority cannot demonstrate a five-year housing supply of deliverable housing sites or fails the new Housing Delivery Test. In either case, decision makers will be required to apply the newly worded paragraph 11 'presumption in favour of sustainable development' which states that:

    "Where there are no relevant development plan policies or the policies which are most important for determining the application are out-of-date, grant permission unless:

    • the application of policies in this framework that protect areas or assets of particular importance provides clear reason for refusing the development proposed; or
    • any adverse impact of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this framework taken as a whole"
    The new Housing Delivery Test is a simple calculation of dividing the total net homes delivered over a three-year period by the total number of homes required over that period, with a minimum requirement of 75% to avoid the presumption.

    Significantly, student rooms and other communal forms of accommodation have now been identified as part of net housing delivery.
  3. Definition of affordable housing

    This has been revised and in some respects simplified. In headline terms, affordable housing is now defined as 'housing for sale or rent for those whose needs are not met by the market'.

    But in other respects, the definition has now become more complex, with more prescriptive requirements under the following heads:

    • affordable housing for rent;
    • starter homes;
    • discounted market sales housing; or
    • other affordable routes to home ownership.
  4. Entry level housing

    In addition to Affordable Housing, paragraph 72 of the framework now refers to the separate concept of Entry Level Housing. This category does not precisely match any of the heads in the above definition, and is not itself formally defined, but is intended to be suitable for first time buyers or those looking to rent their first homes.
  5. Vacant building credit

    The principle of vacant building credit has been promoted from guidance to policy and now appears in paragraph 64.This states that to support the re-use of brownfield land, where vacant buildings are being reused or redeveloped, any affordable housing contribution should be reduced by a proportionate amount.

    Historically vacant building credit has not been applied by many local planning authorities and London boroughs. Given its promotion to formal policy, it may now be more difficult to ignore.

"Delivering homes for everyone"

If delivery is king for the government, will an overhaul of the NPPF actually provide more housing on the ground? Or are we just creating more work for local authorities and more hurdles for developers?

Some of the measures have the potential to speed things up, so long as they do not delay local plan adoption in practice. If the thrust is really to deliver the right houses in the right places, the presumption in favour of sustainable development may not secure that. As always when policy wording changes, this leads to deliberation and debates which do not speed the process up.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions