Insight
The Government has published its revised draft National Planning Policy Framework (NPPF) with consultation on the proposed changes set to run until 10 March 2026.
This consultation invites views on significant structural improvements to the NPPF, so that for the first time there is a clear set of separate policies for both plan-making and decision-making. This is intended to achieve three principal objectives, namely to:
At the heart of the consultation are 12 substantive policy changes, intended to support housing delivery, economic growth and sustainable development. These include:
Together, these measures are aimed at increasing certainty, accelerating delivery and aligning development more closely with national growth and sustainability objectives.
In this new re-write, there are distinct sections on plan-making and decision-taking; plan-making policies explicitly not allowed to be applied to decision taking.
The new NPPF will focus on strategic planning, embracing the re-emergence of Strategic Planning Authorities.
Statutory National Development Management Policies have not been proposed, much to the despair of many, but the new NPPF does include a process of sequential national decision-making policies.
The presumption in favour of sustainable development would be applied in a much wider range of circumstances, essentially applying everywhere in settlements (including brownfield) unless the “harms would substantially outweigh the benefits”.
Outside of settlement boundaries, the presumption would apply to a smaller range of developments including those which are deemed to be ‘sustainable’ by reason of their proximity to railway stations (even in Green Belt areas provided it meets the Golden Rules).
By contrast, a “reverse” presumption is applied in cases which don’t comply with the policy and the indication is that they should be refused in the absence of exceptional circumstances.
A new category of “medium development” would be introduced for 10-49 homes on sites of up to 2.5 hectares.
The impact of Part 3 of the Planning and Infrastructure Act 2025 is reflected in the new drafting, in which Environmental Delivery Plans (EDPs) and payments into the Nature Restoration Levy are addressed as alternatives to Appropriate Assessment in relation to the protection of Habitats sites.
The concept of “Valued Landscapes” has been removed from the new draft.
The question of harm to designated heritage assets is now split into three categories: ‘harm’, ‘substantial harm’, and ‘total loss’.
“Substantial harm” is defined as “where the development proposal would seriously affect a key element of the asset’s significance”.
Alongside the NPPF consultation draft, the Government has made an announcement in response to its previous consultation that sites of under 0.2 ha will be exempt from Biodiversity Net Gain. This is a lower threshold than the 0.5 ha originally consulted upon. This will have the effect of removing a large proportion of sites from needing to provide any mitigation measures for the harm caused to biodiversity.
It is important that all sectors have a say in how the future of our National Planning Policy is applied. To respond to the consultation by the deadline of 10 March, follow the link. If you have any questions, our planning experts would be happy to help.