Decision details

On 22 December 2022 the Department for Levelling-Up Housing & Communities launched a public consultation into proposed changes to national planning policy in England as outlined in the National Planning Policy Framework and the Levelling Up and Regeneration Bill currently making its way through Parliament.

This decision outlines the key changes proposed to the National Planning Policy Framework and future national policy, specifically highlighting key matters which are of relevance to Maidstone Borough Council. It recommends that members review the draft responses and agree formal responses to the consultation presented for consideration, as drafted by officers and appended to the decision.

The consultation closes at 11.45pm on 2 March 2023.

RESOLVED: That

1.  The proposed response to the consultation as at amended Appendix 1 of this decision be agreed.

1.1 On 22 December 2022 the Department for Levelling-Up Housing &

Communities launched a public consultation into proposed changes to

national planning policy in England. This is in two parts – firstly, changes to current national policy as outlined in the National Planning Policy Framework (NPPF) 2021, and, secondly, changes to be made to national planning policy because of the Levelling-Up & Regeneration Bill that is currently progressing through Parliament. The consultation closes at 11.45pm on 2 March 2023.

1.2 The consultation consists of 15 chapters and 58 questions relating to the proposed changes and this material can be found via the weblink provided in background document 1 (to the report). As part of the consultation the Government has produced an edited version of the NPPF that includes the proposed changes, and this can be found in background document 2 (to the report).

1.3 The decision has been structured into two parts. Part 1 to highlight the changes proposed to the current NPPF. Part 2 proposed changes to the national policy in the future.

Part 1. Immediate changes to National Planning Policy Framework

1.4 The NPPF sets out the Government’s planning policies for England and was first introduced in 2012. It was subsequently updated in 2018, 2019 & 2021. It is a material consideration in decision making and must be considered in the development of planning policies as per the Planning & Compulsory Purchase Act 2004.

1.5 The proposed changes to the NPPF can be seen in Background Document 2. In summary the changes refer to the following elements:

• plan making

• housing supply and delivery

• design codes & design of development

• Green Belt

• climate change

• natural environment

• implementation proposed changes, and

• Updates to the glossary of terms

1.6 This summary has been expanded upon below.

Plan making

1.7 In plan making changes are proposed to ensure strategic policies supporting beauty in design and placemaking with a strong emphasis on local design codes, in line with the National Model Design Code. Changes to the tests of soundness for plan-making are proposed. Removal of the ‘justified’ test and amendments to the ‘positively prepared’ test are proposed and replaced with the requirement that LPA’s only need to meet objectively assessed needs ‘so far as possible’. It is also proposed that there will no longer be a requirement to satisfy unmet need from neighbouring authorities. Guidance on duty to co-operate remains unchanged despite the Secretary of State’s December statement on this ending.

1.8 The status of Neighbourhood Plans is proposed to be strengthen and receive greater protection against 'tilted balance' arguments. Neighbourhood plans are to be considered up to date for 5 rather than 2 years.

1.9 When assessing housing need, further clarity is provided to define what older persons accommodation means. It states this includes: ‘retirement housing, housing with care and care homes.’

Housing need, supply & housing delivery test

1.10 The proposed amends confirm that the standard methodology for assessing housing need is “an advisory starting point for establishing a housing requirement”.

1.11 The Government proposes that authorities with an up-to-date local plan will no longer need to continually show a deliverable five-year housing land supply. In this case, “up-to-date” means where the housing requirement as set out in strategic policies is less than five years old, the document says. The government proposes the change to take effect when it publishes the revised National Planning Policy Framework, “expected in Spring 2023”. Alongside these authorities can include oversupply in the 5-year housing land supply calculations and buffers would be removed. and there is explicit reference that building at densities significantly out of character with an existing area may provide justification for not meeting full assessed needs.

1.12 The housing delivery test (HDT) is proposed to be amended in a way which does not penalise local planning authorities unfairly when slow housing delivery results from developer behaviour. However, where delivery falls below 95% of the requirement over the previous 3 years and action plan would be required and where delivery falls below 75%, the presumption in favour of sustainable development in addition to the preparation of an action plan. However, an amendment is proposed so that if permissions have been granted for homes in excess of 115% of the authorities housing requirement over the HDT monitoring period then the presumption in favour of sustainable development will not apply.

Design of development

1.13 To allow more upward extensions to properties the Government has added in specific reference to the support mansard roof extensions

1.14 The Government are also proposing to support developments that are ‘beautiful’ and well designed with a strong emphasis on local design codes, in line with the National Model Design Code and has inserted this into various parts of the NPPF.

Green Belt

1.15 Amendments have been made to chapter 13 ‘Protecting Green Belt land’. They clarify that Green Belt boundary reviews are not automatically needed when updating a local plan and not needed if this is the only means of meeting an authority’s objectively assessed need over the plan period.

Climate change

1.16 To help planning for climate change the Government has proposed amended national policy to allow for upgrades to renewable energy equipment in what is referred to as ‘repowering’. Also, improvements to energy efficiency are to be more formally supported through planning policy and the decision-making process. with significant weight being given to the need to support energy efficiency improvements through the adaptation of existing buildings to improve their energy performance (including through installation of heat pumps and solar panels where these do not already benefit from permitted development rights). This extends to proposals affecting conservation areas and listed buildings.

Natural Environment

1.17 The Government has sought to clarify the position with regards to agricultural land through the amendment of footnote 67. The amendment adds in the need to consider the food production value of land as well as its agricultural land quality.

Implementation & glossary

1.18 The Government proposes changes to Annex 1: Implementation of the NPPF. These amendments set out the transitional arrangements for the new changes proposed. In short:

• The revised tests of soundness and the policy on renewable and low carbon energy and heat in plans only apply to plans that have not reached

Regulation 19 stage or reach that stage within three months of the revised NPPF.

• Any LPAs which have been subject to a Regulation 18 or 19 consultation for plan making will only need to demonstrate four years of housing supply for a period of up to two years.

1.19 In addition, the Government is proposing an addition to Annex 2: Glossary of the NPPF. This sets out a definition of community-led developments in order that they are considered as an option for rural housing.

Summary of responses

1.20 In regard to the proposed changes to the NPPF officers have drafted

responses (appendix 1) in order that Members may consider these further

and add further comments as appropriate. In summary broadly the changes to the NPPF are welcomed with greater protection local plans and the environment, but there is concerned with regards to the level of details provided and would ask that further clarity is given through an update to the national planning practice guidance.

Part 2. Proposed future changes to national planning policy

1.21 The consultation also asks for views on a range of proposed changes to national planning policy at a future date that will come from the proposals in the Levelling-Up and Regeneration Bill currently before Parliament. The proposals are particularly focused on making sure the planning system

capitalises on opportunities to support the natural environment, respond to climate change and deliver on levelling up of economic opportunity, and

proposed National Development Management Policies.

1.22 Highlighted below is a summary of the proposed changes.

Developer accountability

1.23 The Government wants to increase developer accountability (chapter 5 paragraphs 18-22) of the consultation document. In summary the

Government wants the past behaviour of a developer in terms of breaches of planning or failure to deliver on their commitments to be taken into account in decision making. It has proposed has two options:

• option 1: making such behaviour a material consideration when local

planning authorities determine planning applications so that any

previous irresponsible behaviour can be taken into account alongside

other planning considerations;

• option 2: allowing local planning authorities to decline to determine

applications submitted by applicants who have a demonstrated track

record of past irresponsible behaviour prior to the application being

considered on its planning merits - similar to the amendment which we

have already made to the Levelling Up and Regeneration Bill allowing

local planning authorities to decline to determine new applications on

sites where the build out of development has been too slow.

More build out

1.24 The Government also proposes three methods to increase the build out and absorption of development with a future change to the national policy (chapter 5 paragraphs 23-27). These include:

• The publication of data on developers of sites over a certain size in cases

where they fail to build out according to their commitments.

• Developers will be required to explain how they propose to increase the

diversity of housing tenures to maximise a development scheme’s

absorption rate (which is the rate at which homes are sold or occupied).

• The National Planning Policy Framework will highlight that delivery can be a material consideration in planning applications. This could mean that

applications with trajectories that propose a slow delivery rate may be

refused in certain circumstances.

Protecting the Environment & climate change

1.25 The Government wants to go further and will consider how national policy and design guidance fully supports habitats and routes for wildlife, as well as halting the threat to wildlife created by the use of artificial grass by developers in new development (noting the importance of some uses of artificial grass such as on sports pitches) (chapter 7 paragraph 7)

1.26 The Government will bring forward further guidance on how Local Nature Recovery Strategies from the Environment Act cane be reflected in local planning strategies (chapter 7 paragraph 8).

1.27 To reflect the Governments Net Zero Strategy, it will seek to amend the NPPF to potential include carbon impact assessments (chapter 7 paragraphs 12- 13)

Plan making

1.28 A new plan making system is proposed (chapter 9 paragraphs1-2). A new system will be introduced in 2024, but plan makers will have until 30 June 2025 to submit their local plans, neighbourhood plans, minerals and waste plans, and spatial development strategies for independent examination under the existing legal framework. There will be a requirement for local planning authorities and minerals and waste planning authorities to start work on new plans by, at the latest, 5 years after adoption of their previous plan, and to adopt that new plan within 30 months.

1.29 An example of how this works is as follows - authorities that have prepared a local plan, spatial development strategy or minerals and waste plan which is less than 5 years old when the new system goes live will not be required to begin preparing a new-style plan until their existing plan is 5 years old. So, for example, if an authority last adopted a local plan on 31 March 2022, the preparation of a new plan must start by 1 April 2027. For a plan adopted in mid-December 2026, the preparation of a new plan must start by mid- December 2031.

1.30 For neighbourhood planning the same rules apply. The Government is proposing that neighbourhood plans submitted for examination after 30 June 2025 will be required to comply with the new legal framework. ‘Made’ neighbourhood plans prepared under the current system will continue to remain in force under the reformed system until they are replaced (chapter 9 paragraph 12).

1.31 The Government is also proposing to amend the supplementary planning documents system (chapter 9 paragraph 13). In the reformed planning system, authorities will no longer be able to prepare supplementary planning documents (SPDs). Instead, they will be able to prepare Supplementary Plans, which will be afforded the same weight as a local plan or minerals and waste plan. It is proposed that when the new system comes into force (expected late 2024), existing SPDs will remain in force for a time-bound period; until the local planning authority is required to adopt a new-style plan.

1.32 Below in figure 1 is the overall proposed timetable for the changes to the plan making system to take effect.

Figure 1. Proposed timetable for plan making changes

National Development Management Policies

1.33 The consultation seeks views on the introduction of the National Development Management Policies (NDMP) through the Levelling-up and Regeneration Bill currently making it way through Parliament.

1.34 The proposal is that NDMPs would be given the same weight in certain planning decisions as policies in local plans, neighbourhood plans and other statutory plans (and could, where relevant, also be a material consideration in some other planning decisions, such as those on Nationally Significant Infrastructure Projects). It is the intention that National Development Management Policies would cover planning considerations that apply regularly in decision-making across England or significant parts of it, such as general policies for conserving heritage assets, and preventing inappropriate development in the Green Belt and areas of high flood risk. The consultation does not provide any specific policies at present.

1.35 Within the consultation the Government provides a diagram that sets out how the NDMP would function in the new system proposed by the Levelling-up and Regeneration Bill.

Figure 2 Proposed new planning policy system

Levelling-Up

1.36 The Government also wants to use planning policy to bring forward 12 levelling-up missions and has asked for ideas on how this could be achieved. The 12 levelling-up missions were outlined in the Levelling-Up White Paper in February 2022 and are highlighted in figure 3 below.

Figure 3 The Twelve Levelling-Up Missions

Proposed future changes to national planning policy

1.37 In chapter 12 of the consultation document the Government also sets out further changes that may come forward as a result of the further planning reforms. These are set out in figure 4 below. In the consultation no questions were posed on these proposals.

Figure 4 Proposed further changes to the planning system

1.38 The Government also wants to enhance the digitalisation of planning and so wishes to understand how this could be achieved (chapter 13 paragraphs 1- 6).

Summary of responses

1.39 In regard to the proposed changes to the national planning policy in the future officers have drafted responses (appendix 1) in order that Members may consider these further and add further comments as appropriate. In summary broadly the proposed future changes to national planning policy are welcomed as they place more emphasis on the developer to delivery and enshrine the primacy of the Local Plan. The Council does have concerned with regards to the level of details provided and would ask that further clarity is given. Especially around the operation of the new supplementary plans and national development management policies. Plus, how the levelling-up agenda will be brought forward.

2.1 Option 1 (NOT APPROVED): That the response to the consultation at Appendix 1 be approved. This would allow the response to be sent by the submission deadline.

2.2 Option 2 (APPROVED): That the response at amended Appendix 1 be approved, including the comments and considerations of the PI PAC.

2.3 Option 3 (NOT APPROVED): That the response at Appendix 1 is not approved. However, this would mean the response would not be sent and the Council’s views would not be factored in.