Reflections on the New NPPF (With a Nod to the Seasonal Timing of the Announcement).

 

The new NPPF may not be as new as we think. Several measures seem to hark back to past NPPF provisions… For example, housing need calculated using the standard method is now advisory, and LPAs have greater freedom to deviate from it when setting their housing need assessments. But to do so they need to demonstrate evidence of exceptional circumstances using demographic and market signals. So, are we back to wonderful discussions of OAN at Local Plan Examinations as we used to do pre-standard method? Probably yes! We also have provision for LPAs to be protected from 5YHLS requirements if their plan is less than 5 years old and they have demonstrated a 5 YHLS at the point of adoption of the plan……which takes us back to plans having a rolling 5YHLS. So our initial conclusion is that the amendments are significant, but may not give LPAs wanting to squeeze down their housing requirements and avoid 5YHLS debates the Christmas presents they expected…. 

 

 

We still have 5YHLS – noting that LPAs with an up to date plan which sets out a 5YHLS at the point of adoption simply need to monitor delivery against their plan targets. But, we will still use 5YHLS (or 4YHLS) for those that don’t, and there is nothing to say that we can’t use 5YHLS arguments as material circumstances in any discussion of delivery and supply. We still have Duty to Cooperate and the need to look at accommodating unmet housing need from neighbouring authorities as part of the housing requirement. We still have the tests of soundness, references to significantly boosting the supply of housing and the need to exercise positive planning principles when producing plans. Some of the main ‘tools in the box’ remain in the NPPF to guide LPA plan making and for the quality and effectiveness of those plans to be challenged. BUT, there are subtle changes of emphasis and wording and we will need to see how this plays out over the coming months. However, there is a key change in terms of transition arrangements – any plan which has reached Reg 19 stage before 19th March 2024 will be assessed under the ‘old’ NPPF…..which may lead to some interesting discussions at LPAs around the timing of the Local Plans or the merits of continuing with the processes they have running. 

 

 

Is the new NPPF going to be the best Christmas present for the anti-development lobby as was feared? I don’t think so… It seems clear that LPAs need to engage in positive plan making, setting sensible housing targets which can be scrutinised and liaising with their neighbours if they are going to be able to benefit from protection from a 5YHLS, or the ability to apply a 4YHLS. Plans which have been submitted or reached Reg 18/19 stage, which contain housing allocations and show them on a Policies Map, will be able to rely on a 4YHLS for two years from the publication of the NPPF. But this provision is so tightly linked to plan making which aims to meet housing need that it is not enough for the anti-development lobby to crowd the streets singing “Thank you Very Much!” Actually, these changes should lead to a burst of plan making activity, and the Government clearly wants to see the plan lead system working again – hence the additional emphasis yesterday on Councils being served notices preventing plans being withdrawn, interventions being announced requiring authorities to submit plan making timetables to Government within 12 months, and Mr Gove stating he is more likely to intervene where it is necessary… The future of the NPPF seems to contain plenty of carrots for LPAs keen to progress plans, but there are some sticks there as well for the places who may still wish to ignore the messages from the spirits of Christmas! 

 

 

So what should we do as we wake up on the morning after our spiritual planning awakening?! It seems to me that we have opportunities to work with Local Plans to scrutinise housing need calculations, and challenge them if they are clearly trying to avoid fair assessments; to seek early identification of sites in Reg 18 plans which LPAs will want to do to take advantage of 4YHLS; to ensure that housing requirements in Local Plans aim to deliver a “sufficient” supply of housing; and to be ready for a sleigh-full of Local Plan processes to start up, and re-start in the New Year. The Government clearly sees Local Plans as the route to take to bring forward land for new homes – but in those places who hold out and refuse to plan positively, we still have the ability to challenge using 5YHLS, and the tools we have always had. 

 

In summary, I don’t think the new NPPF is the “Nimby’s Charter” that we feared, but the key message is to engage strongly and early with Local Plan processes. BUT – we still have more change to come, with the rolling out if the LURA, new Regs, National Model DM Policies, and the small matter of a General Election. Watch this space!