NPPF could lead to "planning by appeal", MPs warn

December 21, 2011

There is a danger that, far from speeding up the planning process, in the short term the National Planning Policy Framework (NPPF) will slow it down by introducing ambiguity where previously there was detailed guidance, MPs have warned.

In a report on the draft framework, the Communities and Local Government Committee said “planning by appeal” could be the outcome.

Other key conclusions and recommendations from the report included:

The government’s aims for a planning system that is less complicated, more receptive to all forms of sustainable development, and able to reach effective decisions more quickly can be generally supported
The draft NPPF may have generated heated debate, but there was little evidence of any desire to either retain the existing system or to start again on the NPPF
The default answer of ‘yes’ to development should be removed from the framework
The phrase “significantly and demonstrably” should be removed from the presumption that all planning applications should be approved unless the adverse effects “significantly and demonstrably” outweigh the benefits
The Decentralisation Minister’s indication that he is minded to introduce changes to reflect the concerns about brownfield and Town Centre First issues was welcome
The phrase ‘sustainable development’ was a poorly defined phrase and was often conflated with ‘sustainable economic growth’
The NPPF should “unambiguously” reflect the statutory supremacy of Local Plans in accordance with the 2004 legislation. The framework should therefore require local planning decisions to be taken in accordance with the presumption in favour of sustainable development consistent with the Local Plan. The presumption in favour of sustainable development, as currently drafted, “risks presenting itself as a decision-making mechanism on a par with, or even superior to, the Local Plan"
The draft NPPF does not necessarily achieve clarity by virtue of its brevity. There are many examples of inconsistent drafting which need addressing
The significant gaps in planning policy and guidance could lead to a huge expansion in the size of Local Plans, with local authorities attempting to plug the gap
The test for ‘viability’ to be applied under the NPPF should be reconsidered. As currently worded, it risks allowing “unsustainable developments to go ahead if measures to make them sustainable are, at the same time, deemed to make them unviable for the developer”. The NPPF should make it clear that calculations of viability presuppose requirements to provide measures necessary to the development, such as infrastructure, not simply returns deemed acceptable by the developer
A clear narrative is needed demonstrating the place of the NPPF in wider planning reforms and its relationship to other relevant central and local government policy documents
The NPPF must leave no room for doubt that the purpose of the planning system is to address social, environmental and economic demands on land supply on an equal basis.

The committee called for “a sensible transition period with a clear and realistic timetable”, giving local authorities time to put Local Plans in place where they have not already done so.

The MPs said they agreed with the Government that it was “unacceptable” that so many parts of England had yet to develop and adopt a new Local Plan.

Clive Betts MP, Chair of the CLG Committee, said: “The way the framework is drafted currently gives the impression that greater emphasis should be given in planning decisions to economic growth. This undermines the equally important environmental and social elements of the planning system. As currently drafted the 'default yes' to development also carries the risk of the planning system being used to implement unsustainable development.”

Betts also pointed out that the document omitted any reference to 'brownfield development first'. “We welcome the Government's openness to reinstating the familiar and well understood term 'brownfield development' in the NPPF,” he said. “For similar reasons the NPPF should be revised to reflect the ‘Town Centre First’ policy."

Decentralisation Minister Greg Clark said he warmly welcomed the DCLG select committee's “constructive” recommendations.

“The Government will consider carefully each of the suggestions that have been made, along with all responses to the consultation,” he said. "We are determined that the National Planning Policy Framework will put power into the hands of local people, through a simpler, clearer system, which safeguards our natural and historic environment while allowing the jobs and homes to be created that our country needs."

Cllr David Parsons, Chairman of the Local Government Association’s Environment and Housing Board, described the committee’s report as a strong endorsement of the Government’s planning changes and a positive step.

“Allowing councils to balance the economic, social and environment benefits from new developments is something the LGA has long called for,” he said. “They have come down strongly in favour of ensuring that this is a reality.”

Cllr Parsons added: “The LGA also been clear that local people should be able to decide what developments they wish for through their Local Plans. The report raised concerns that the proposed ‘presumption in favour of sustainable development’ may undermine the importance of these. We support calls for clarity to ensure that Local Plans continue to determine what developments occur in neighbourhoods.”

He also said it was promising that the committee’s report called on the Government to establish a timetable for implementing Local Plans.

“By the day more and more councils are putting these together but some delays were inevitable due to the bureaucratic approval process of the Planning Inspectorate,” Cllr Parsons said. “The LGA agrees that the Inspectorate should be given the resources they need to process the Local Plans to avoid any future delays.”

The CLG committee report can be viewed here.

Philip Hoult