The National Planning Policy Framework - now the dust has settled

Planning iStock 000002733689Small 146x219It is three months since the National Planning Policy Framework came into effect. John Bosworth looks at the lessons learned so far.

The National Planning Policy Framework (the "NPPF") came into effect on 27 March 2012, repealing more than 1,000 pages of planning guidance and replacing it with a 59-page guidance document together with a Technical Guidance. There was widespread concern about the introduction of the NPPF and the absence of comprehensive planning guidance.

Introduction

It is "the general consensus among planning professionals that the NPPF [….] will strengthen local authorities' hand in shaping their community" (Planning Journal, Pg 20, 6 April 2012). The concern is what happens in the interim, particularly the newly introduced presumption in favour of sustainable development in the absence of a local plan.  

The current position is that only 42% of England and Wales is currently covered by an adopted local plan. By getting up to date adopted plans in place local planning authorities will prevent planning decisions being assessed simply against the NPPF. However even where the presumption in favour of sustainable development applies permission should not be granted if the adverse effects of the proposal significantly and demonstrably outweigh the benefits.

The presumption in favour of sustainable development in the plan making process

Local plans, when produced, will also have to be assessed against the presumption in favour of sustainable development and the NPPF. However, once adopted, the plan itself, and not the NPPF, will be the starting point to assess the viability of development.

Any local plan or development documents that were adopted before the NPPF was introduced are not automatically out of date simply because of the introduction of the NPPF. However the NPPF policies are now material considerations which must be taken into account. The NPPF advises that adopted policies are entitled to have full weight for 12 months (until 26 March 2013), even where there is limited conflict with the NPPF. But if there is more than just a 'limited conflict' then the NPPF has more relevance as a material consideration.

In order to assist local authorities assess their local plans against the NPPF, the Planning Advisory Service has produced the guidance document Local Plans and the NPPF, being a self assessment checklist that will help authorities assess the content of their new or emerging local plans against requirements in the (NPPF) that are new or significantly different from national policy as previously set out in PPGs and PPSs.

Absence of Planning Policy Guidance

Concern has been raised at the absence of national planning policy guidance in the wake of the volume of policy documents revoked by the NPPF. Local authorities with up-to-date plans will be able to assess development against their plan documents, but in other cases national guidance will only be available in the NPPF and those circulars and guidance, which have not been replaced by the NPPF. The Planning Advisory Service has stated that emerging development plans will gain weight and be a material consideration when assessing development as policies progress through the process. The guidance states:

"If you are still working on your DPD(s) (now commonly referred to as a Local Plan) or indeed if you are revising an existing adopted DPD as you progress the review or preparation of your plans, the policies within them will gain weight. If you can show that there are policies with no unresolved objections, and which are consistent with the NPPF, these will have more weight than those which still have objections raised against them".

Arguments have also been put forward by local authorities that, although no longer in place, the rationale behind some of the guidance in the now obsolete PPS should still be used, when linked to a local plan, as this has been the basis for assessing development. We wait to see how this view will be interpreted in the inevitable appeals that will follow. As yet there is still no indication of how the NPPF will be interpreted and implemented and await PINs or even judicial guidance on the application of the NPPF and the relevance of revoked policies.

Conclusion

Local authorities that do not have adopted local plan or development plan documents in place and who are not promoting new plans will have to assess development against the NPPF. Existing plans also need to be assessed against the NPPF and are protected for 12 months, even when policies slightly conflict with the NPPF.

There does not appear to be any more emerging national policy guidance on the horizon and, in the absence of up to date local plans, the NPPF and any subsequent judicial interpretation is all local authorities will have for guidance.

However, local authorities will have a greater ability to regulate development once local plans are adopted and compliant, because in the future, it will only be the local plan, the NPPF and the small amount of remaining circulars and guidance which will be used to regulate development. This, by contrast, will be less onerous than the previous position under which consideration had to be given to a much broader range of planning policy.

John Bosworth is a partner at Ashfords. He can be contacted on 01392 333842 or by This email address is being protected from spambots. You need JavaScript enabled to view it..