Planning lawyers have shared mixed reactions to the government’s new National Planning Policy Framework, announced on Monday.
The framework sets out national planning policy in what the government says is “a clear and more comprehensive manner” and incorporates “substantive reforms” designed to boost housing supply.
“Under the leadership of the new Prime Minister, the government is more focused than ever on building the homes our country needs and delivering good growth in every postcode”, the Ministry of Housing, Communities and Local Government said in a statement accompanying the release.
Key measures in the new policy framework include clearer policies relating to what should be considered when making planning decisions, including transport, pollution, protected landscapes and safety for women and girls; a ‘default yes’ for development around well-connected transport hubs; supporting more types of development and giving flexibility to different types of accommodation; and recognising the role of strategic sites.
The government says it has “acted with ambition and urgency” to tackle the housing crisis, but planning lawyers have been less enthusiastic about the changes.
Ben Standing, partner in planning at Browne Jacobson specialising in public sector planning, said: “This is a seismic shake-up of planning policy, representing the most substantial rewrite of the NPPF since its introduction in 2012.
“To bring forward the scale of new homes that will be required if the government is to get anywhere near realising its economic growth strategy, Westminster is effectively replacing the carrot with the stick for local authorities, which are now under pressure to get their own house in order by continuously update local plans.
“Failure to do this will put areas at risk of development happening in areas where it’s most cost-effective to build but without the opportunity for councils to help shape new places as part of their place making functions.
“The knock-on effect of this would be that local communities continue to feel development is imposed on them, rather than being something they feel benefits them. Tweaks to planning policy at national level can’t be the end goal but the start of a conversation that seeks to understand how local people can identify tangible progress as a result of development via upgrades to roads, schools and GP surgeries.”
Browne Jacobson’s private sector planning partner Will Thomas added: “Developers will welcome enhanced policy support for housebuilding across the country. However, a dose of realism is needed inside Whitehall. While changes to the NPPF may well unlock new housing sites in the short term, the long-term delivery picture is still clouded by viability concerns.
“Challenging economic headwinds and fiscal policies continue to affect costs related to materials, labour and borrowing, but there’s a bigger question mark against who will be expected to carry much of the burden for building affordable homes, as well as education, healthcare and transport infrastructure.
“High-quality social infrastructure holds the key to creating sustainable communities where people want to live, but escalating building costs make it unlikely developers will be able to finance such projects on their own.
“It’s therefore incumbent on Whitehall to identify new ways of financing new infrastructure, such as via modern public-private partnerships that learn the lessons from previous models.”
Simon Vernon-Harcourt, design and planning director at City & Country, welcomed the policy to fast-track homes near transport hubs but said there was an “opportunity lost” by limiting the distance for developments.
“The policy is rightly focused initially on railway stations, but what about residential sites that are only a short bus journey from major employers, or sites that can add cycle infrastructure to encourage other forms of sustainable travel.
“As a country, we cannot continue to call for more homes, lower carbon emissions and greater protection of the countryside while opposing strategic developments in the locations best served by transport hubs or close to major employers. To address the housing crisis, we must be prepared to build more homes where people can live, work and travel sustainably. “
“There are many really positive aspects of the new NPPF, particularly on design quality and wider sustainability, as well as a presumption in favour of sustainable development – I just wish the government had kept the flexibility in what the definition of a well-connected site is. It is a massive opportunity lost.”
James Clark, head of planning and environment at Foot Anstey, said the revised NPPF strengthens the government’s commitment to housing delivery and economic growth.
“The clearest message is a willingness to support more development, at greater density, in locations considered sustainable and well connected”, he said.
On the stronger push for higher-density development, he added: “The revised NPPF places greater emphasis on minimum densities and making more efficient use of land. Taken together with the station-focused measures, the direction of travel is clear: more homes, delivered at higher densities, in existing urban areas and around key transport hubs.”
According to Victoria Du Croz, partner and head of planning at Forsters Law, the framework represents a significant shift towards a more proactive planning system.
“The focus on unlocking housing in well-connected locations, with new minimum density expectations and a ‘default yes’ for suitable development around stations, even on green belt sites, should help make better use of land where infrastructure and transport links are already in place.
“However, this will only work if transport infrastructure capacity can keep up with demand.”
She added: “The key test now is whether – and how quickly – all of these changes translate into spades in the ground. Having greater national clarity should in theory reduce the scope for local policy to block, or delay, sustainable development, but as always, the detail and implementation will be critical.”
The Housing Made for Everyone (HoME) coaltion said it “cautiously welcomes” the government’s plans, but said they must come with “the necessary support and encouragement” to allow local authorities to build accessible homes.
Dr Carole Easton OBE, chief executive at the Centre for Ageing Better, said: “The need to dramatically increase the amount of accessible housing in this country is of critical importance – the 12 million people currently living in homes that do not meet their accessibility needs are crying out for change.“The government’s new National Planning Policy Framework, which will introduce a national minimum of 40% of new homes on major developments to be built to the M4(2) accessible and adaptable standard, will go some way to tackling the problem.
“But it is a missed opportunity to futureproof England’s housing stock and go further, faster, to meet this appallingly high need.
“Whilst we are disappointed that this isn’t a more ambitious policy requiring all new homes meet this standard, we are pleased that the government has recognised that the accessibility of new build homes must be a core part of planning policy.”
Martin Warhurst, chief executive at Habinteg Housing Association, added: “Ultimately, the HoME coalition believes that to meet future housing need, minimum accessibility and adaptability standards should be set through changes to building regulations, alongside a requirement for all local plans to set clear targets for M4(3) wheelchair-accessible homes.
“Building more accessible homes is not just a housing issue. It is about improving health, supporting employment, reducing pressure on public services and helping people live independently for longer.
“This update to the National Planning Policy Framework is welcome progress, but more ambition will be needed if we are to create a housing system that truly works for everyone.”
