Offices at:

Birmingham T 0121 308 9570 F 0121 323 2215 Bracknell T 01344 741026 F 01344 742887 Bristol T 0117 946 4710 F 0117 973 0020 Cambridge T 01223 202100 F 01223 237202 Cirencester T 01285 641717 F 01285 642348
Leeds T 0113 260 0731 F 0113 260 8454

Pegasus
Manchester T 01612 356350 F 01612 356359 Nottingham T 01509 670806 F 01509 672247

Planning Group

www.pegasuspg.co.uk
August 2011

DRAFT PLANNING POLICY FRAMEWORK

BRIEFING NOTE PREPARED BY PEGASUS PLANNING GROUP

Introduction
The draft National Planning Policy Framework (NPPF) was published by the Coalition Government on 25 July 2011, with consultation comments invited until 17 October 2011. The final document is expected to come into force by the end of 2011. It condenses all national planning policy documents (over 1,000 pages) into one 52 page document and once endorsed will be a material consideration for planning applications and development plans in England. In line with recent Ministerial Statements, the document introduces a strong presumption in favour of sustainable development. In this context, the Framework pushes decision-makers to assume that the default answer to development proposals is yes, except where it would compromise key sustainable development principles. In addition, a strong presumption in favour of development should be adopted where local planning documents are deemed to be absent, silent or indeterminate.

Further Changes to Plan-Making

The Draft NPPF Framework seeks to unravel the complicated Local Development Frameworks and revert local authorities back to a single Local Plan document. The adoption of Local Plans that are consistent with the NPPF is encouraged as an immediate priority. Once the NPPF is formally published, all local authorities will need to submit their Local Plans to the Government and receive a certificate of conformity relevant to the NPPF. This process will apply to Plans that have already been adopted and those which are proposed for adoption. Details as to how this process might work are limited. We expect the process to be similar to that adopted in saving policies contained in dated Local Plans. Those policies which do not conform to the NPPF are expected to be deleted from the list of adopted policies, as opposed to the whole document being found to be unsound on the basis of a limited number of inconsistencies. That is our hope at least! In line with the provisions of the forthcoming Localism Bill, local communities are encouraged to produce Neighbourhood Plans and Development Orders. However, they must be in accordance with the NPPF and promote growth equal or in excess of the scale set out within Local Plans. Obvious difficulties face this push towards greater local input. It is suggested that local referendums will be held to ensure Neighbourhood Plans represent the views of a significant majority of local residents. Securing engagement and consistency within this process appears to represent a clear challenge. Resourcing this consultation and funding the production of neighbourhood documents is also likely to be underestimated by many communities.

Pegasus Planning Group, Barrnett House, 53 Fountain Street, Manchester. M2 2AN

www.pegasuspg.co.uk

Offices at:
Birmingham T 0121 308 9570 F 0121 323 2215 Bracknell T 01344 741026 F 01344 742887 Bristol T 0117 946 4710 F 0117 973 0020 Cambridge T 01223 202100 F 01223 237202 Cirencester T 01285 641717 F 01285 642348
Leeds T 0113 260 0731 F 0113 260 8454

Pegasus
Manchester T 01612 356350 F 01612 356359 Nottingham T 01509 670806 F 01509 672247

Planning Group

www.pegasuspg.co.uk
Housing
Councils must currently identify a deliverable five year supply of housing sites, or be obliged to favourably consider unallocated/windfall sites to ensure that local housing needs are properly met. The NPPF maintains this requirement, and an additional supply of 20% must also be identified locally to ensure that a competitive and viable supply of housing sites is maintained. Current national brownfield land development targets are proposed to be removed. Increased focus placed on the delivery of housing in rural areas, particularly those where additional affordable housing is much needed, is also set out.

Retail and Commercial

The Framework maintains the town centre first focus of previous guidance, albeit it is noted that office development will no longer require justification in sequential terms. The impact and sequential tests for other main town centre uses, particularly retailing, are largely unchanged albeit compliance with the sequential test is now noted as a preference in planning terms, as opposed to its current status as a gateway policy test e.g. failure should lead to an applications refusal. With regard to retail impact, unless there is an adopted lesser local threshold, retail proposals of less than 2,500 sq m will not require a Retail Impact Assessment. Such a provision is welcomed and should reduce the frequency of local authorities requiring the detailed consideration of impact for small/medium scale retail proposals. Other key recommendations include the scrapping of nationally imposed parking standards and the encouragement that applications to release sites from longstanding employment designations should be favourably considered with regard to market signals and relative need.

Summary
The need for planning to play a key role in facilitating economic growth is likely to be welcomed by the development industry as a whole. The Framework is very clear in promoting the idea that planning decisions should be positive, unless it can be clearly demonstrated (by the decision maker) that the proposal is unsustainable and/or at odds with the core objectives of the NPPF. The definition of such principles and how these will be weighted within the decision making process is not new. Articulating the wider economic benefits of a proposal (job creation, local investment etc), the accessibility of development sites, and the impact of the development on the localised environmental setting will remain a vitally important part any planning application. However, recent appeal decisions suggest that the proponents of economic growth may have stolen a welcomed march. The key challenge facing the system is decision makers embracing this positive approach, particularly at a time when the promotion of localism seeks to empower local communities to have a key driving influence on planning decisions. In the short term, this is likely to lead to an increase in the number of schemes decided at appeal. Through our experience of promoting a variety of projects through the evolving planning system, Pegasus is ideally placed to advise you on the implications of the NPPF and how its key messages can be utilised in support of any development schemes you may be promoting. Please contact one of our regional offices should you wish to discuss any matters arising from the NPPF in further detail.

Pegasus Planning Group, Barrnett House, 53 Fountain Street, Manchester. M2 2AN

www.pegasuspg.co.uk

P.0674.04/August 2011