In July 2011 the Government published a draft National Planning Policy Framework (NPPF) which sets out their requirements and strategy for economic, environmental and social planning policies in England.

The National Planning Policy Framework is important to communities because it will affect what sort of building and development happens, and when and how communities can influence development in their area.

The Framework replaces all planning policy statements (PPSs) and planning policy guidance (PPGs) and ministerial planning circulars that currently shape local planning.

It sits alongside national policy statements (for example on major national infrastructure projects like building nuclear power stations and the Zero Carbon Buildings policy), other statutory requirements in UK law (e.g. the Equality Act 2010) and European obligations. Some of the key proposals in the NPPF are being taken forward by the Localism Bill.

When a final version of the NPPF is published, it will be a statutory document. This means that planning authorities and developers must take notice of it, and both Local Plans and planning decisions by councils can be challenged if they don‟t adhere to it.

Main features of the National Planning Policy Framework

The seven main features of the NPPF are

1. Fewer rules about what can be built, where, and how
2. A presumption in favour of sustainable development
3. The local plan becomes (even) more important
4. Supports a growth agenda
5. Introduces a duty to cooperate
6. Replaces targets for development with incentives
7. Supports neighbourhood planning and sets out expectations on consultation with communities by local authorities and developers.

1. Fewer rules and targets

The 50 pages of the Framework replaces over 1000 pages of guidance and rules in planning policy statements, planning policy guidance and planning circulars. This means there is far less national policy and guidance on issues such as density, design, affordable housing.

Local authorities have tended to adapt national policies on issues like this and incorporate them into local planning as 'supplementary planning documents'. The new framework says that local authorities should not produce supplementary planning documents unless this can "help bring forward sustainable development at an accelerated rate, and must not be used to add financial burdens on development."

Local authorities are expected to develop policies as part of their Local Plan. However the Framework makes clear that government expects "policy burden‟ to be minimised to help ensure landowners and developers get a "reasonable return‟.

Limits on planning conditions and obligations
Planning conditions and obligations under the current system can be imposed by local authorities on developers.

Planning conditions permit development to go ahead only if certain conditions are satisfied - such as time limits on development, soundproofing to address noise issues and limits on the size and external appearance of a new development.

Planning obligations (sometimes called Section 106) are agreements with developers that they will take action or pay money for work that makes the development acceptable in planning terms - such as paying for a new road, or to make the site more sustainable.

Under these proposals, councils will still be able to impose planning conditions and obligations, but the Framework suggests this should only be used when necessary. It provides guidelines for when it believes conditions and obligations can be necessary, including when planning would not be provided otherwise.

2. Presumption in favour of sustainable development

The National Planning Policy Framework says that presumption should be in favour of development, which it describes as a "golden thread running through both plan making and decision making".

It defines sustainable development as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs, and it defines development as growth."

The "presumption‟ means that the default position is development goes ahead unless it can be shown to be contrary to local plans or the Framework (e.g. protection of the Green Belt and Areas of Outstanding Natural Beauty).

The Government says that the reasons for the 'presumption in favour' approach are to speed up decision making, encourage more development, and encourage both councils and local communities to focus on the content of plans.

"Decision-takers at every level should assume that the default answer to development proposals is "yes", except where this would compromise the key sustainable development principles set out in this Framework."

3. The local plan becomes (even) more important

The Framework says that all councils should produce a Local Plan. Plans are expected to be long term, covering around a 15 year period, and will be subject to assessment by an independent inspector to judge whether the plan has been prepared in accordance with the Duty to Cooperate, legal and procedural requirements, and in line with the Framework. Councils will be able to seek a 'certificate of conformity'.

The presumption in favour of sustainable development means that councils will generally be required to give planning permission to all developments where "the plan is absent, silent, indeterminate or where relevant policies are out of date."

The presumption, and the removal of much planning policy and guidance at a national level, and supplementary planning documents at a local level raises the significance of the Local Plan itself.

The Framework says that Local Plans should:

 identify sites for development and land to protect from development and give clear guidance what will and won‟t be permitted and where

 set out strategic priorities and policies on housing and economic development requirements, provision of commercial development, provision of infrastructure (transport, waste, telecoms etc), provision of health, security, community infrastructure and other local facilities and the environment, guided by core land-use planning principles.

Every Local Plan must be based on evidence about the economic, social and environmental characteristics and prospects of the area. Councils will gather this evidence (as they do now) through a number of assessments, the main ones being; Strategic Housing Market Assessments; Strategic Housing Land Availability Assessments; Environmental Assessment; and a sustainability appraisal to consider environment, economic and social factors.

4. Supporting growth

As with current planning policy, the Framework supports economic growth, business and infrastructure development and housing.

The framework says that the primary role of councils in the planning process is to foster sustainable development, and that they need to attach significant weight to the benefits of economic and housing growth.

As well as supporting housing growth, the Framework says that it wants to widen opportunities for home ownership, continuing policies to increase the proportion of people who own their own homes.

5. Targets replaced by incentives

The previous government relied on national and regional targets to increase the level of house building, and within this the level of affordable housing. These targets have been scrapped, and the Localism Bill proposes to abolish the regional strategies which set them.

The National Planning Policy Framework will instead try to stimulate development, including house building, through a combination of the presumption in favour of development, and providing incentives for growth.
As well as monetary incentive for councils, incentives are intended to ensure that local areas benefit directly from development.

The New Homes Bonus is a national incentive, where the Government will match fund increases in Council Tax revenue raised through new homes being built.

The Community Infrastructure Levy (CIL) is a charge levied on developers to pay for infrastructure, local services and environmental enhancements. The Localism Bill proposes that a "meaningful proportion" of money raised through CIL must be put back into the neighbourhood, and placed in the control of neighbourhoods.

6. Duty to Co-operate

Within the Framework is the implementation of the Duty to Co-operate proposed in the Localism Bill. The Duty recognises that councils and other public bodies need to work together across administrative boundaries to plan housing, transport and infrastructure.

This replaces the co-operation between authorities that used to happen through regional governance structures (regional assemblies) introduced by the last Government, and abolished by the Coalition in 2010.

7. Community involvement in planning

The Framework supports the implementation of neighbourhood planning being proposed in the Localism Bill, which will give local people greater ownership of the plans and policies that affect their local area.

Neighbourhood plans
Parish and town councils and neighbourhood forums will be able to write a Neighbourhood Development Plan (NPD) for their area, providing the framework for development for the next ten years. In some circumstances they can also identify „Local Green Space‟ to protect green areas of particular importance to the community.

Neighbourhood development orders Neighbourhood
Development Orders (NDOs) will grant planning permission for specific types of development in a particular area, getting rid of the need for a standard planning application. This could be either a particular development, or a particular type of development (for example retail or housing). To come into force an NDO will need to have approval of the community, be assessed by an independent examiner to check it‟s in line with national and local planning policies, and wins of majority of votes in a local referendum.

Councils will need to cooperate with the production of a Neighbourhood Plan, as well as paying the costs of independent examinations and referenda.

Public engagement
The Framework says that Local Plans need to be widely consulted on through „early and meaningful engagement and collaboration with neighbourhoods, local organisations and businesses‟.

The Framework suggests that local authorities need to encourage more public engagement by developers before they submit a planning application and support them in this. However they cannot require them to do so, unless they are required to by law.

It also says that developers are expected to involve affected communities in designing developments and that proposals that can demonstrate good engagement with the community in should be looked on more favourably.

What happens next?

The National Planning Policy Framework is open to public consultation until 17th October 2011.

The Department of Communities and Local Government is also holding four events on their plans
 London on Wednesday 7 September 2011 (now full)
 Leeds on Thursday 8 September 2011
 Birmingham on Tuesday 13 September 2011 and
 Bristol on Thursday 15 September 2011
To register an interest in attending one of these workshops contact This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Further Information

Draft National Planning Policy Framework: Consultation Draft
National Planning Policy Framework: Impact assessment
http://www.urbanforum.org.uk/briefings/community-infrastructure-levy
http://www.urbanforum.org.uk/briefings/neighbourhood-planning-questions-and-answers
http://www.urbanforum.org.uk/briefings/localism-bill-amendments-briefing
http://www.urbanforum.org.uk/briefings/decentralisation-and-the-localism-bill

Rachel Newton
Urban Forum 5th August 2011