16 New Changes to 2021 NPPF

A new version of the NPPF was published by the Ministry of Housing, Communities and Local Government. The MHCLG has also published a?final version of the National Design code/

Below, we outline 16 key changes in the revised NPPF, which comes into force compared to the old version.

1. Measures to improve design quality, including a new requirement for councils to produce local design codes or guides

Among the key changes to the NPPF are updated policies aiming to improve the design of new developments, in response to the findings of the government's Building Better, Building Beautiful Commission.

These include:

• changes to the overarching social objective of the planning system (paragraph 8b) to include the fostering of “well-designed, beautiful and safe places”. The old version had merely required “a well-designed and safe built environment”.
• introducing a new test that development should be well-designed (paragraph 133). This says that “development that is not well designed should be refused, especially where it fails to reflect local design policies and government guidance on design, taking into account any local design guidance and supplementary planning documents such as design guides and codes”.
• the test goes on to say that "significant weight" should be given to "development which reflects local design policies and government guidance on design, taking into account any local design guidance and supplementary planning documents such as design guides and codes". Significant weight should also be given to "outstanding or innovative designs which promote high levels of sustainability, or help raise the standard of design more generally in an area", the new paragraph 133 says.?
• the new paragraph 128 states that in order to "provide maximum clarity about design expectations at an early stage", all local planning authorities "should prepare design guides or codes consistent with the principles set out in the National Design Guide and National Model Design Code, and which reflect local character and design preferences".

2.?The term "beautiful" has been added to the NPPF but should be regarded as a "statement of ambition" rather than a policy test

The word ”beautiful” has been added to the NPPF five times in relation to planning for new buildings and places. According to MHCLG the term has been included in response to the recommendations of last year's Building Better, Building Beautiful Commission. It adds: "This should be read as a high-level statement of ambition rather than a policy test. The government would encourage local planning authorities, communities and developers to work together to decide what beautiful homes, buildings and places should look like in their area. This should be reflected in local plans, neighbourhood plans, design guides and codes, taking into account government guidance on design."

3. An emphasis on using trees in new developments

The updated NPPF introduces a new paragraph 131 stating that “planning policies and decisions should ensure that new streets are tree-lined, that opportunities are taken to incorporate trees elsewhere in developments (such as parks and community orchards), that appropriate measures are in place to secure the long-term maintenance of newly-planted trees, and that existing trees are retained wherever possible". It goes on to say that applicants and local planning authorities "should work with local highways officers and tree officers to ensure that the right trees are planted in the right places”.

4. Adjusting the presumption in favour of sustainable development for plan-makers.

The NPPF's presumption in favour of sustainable development for plan-makers (paragraph 11a) says that "all plans should promote a sustainable pattern of development that seeks to: meet the development needs of their area; align growth and infrastructure; improve the environment; mitigate climate change (including by making effective use of land in urban areas) and adapt to its effects”.

5. New limits on the use of article 4 directions to restrict PD rights?

The new paragraph 53 states that such directions, which remove PD rights in specific areas, where they relate to residential conversions, should only be used where it is "essential to avoid wholly unacceptable adverse impacts”, for example the "loss of the essential core of a primary shopping area which would seriously undermine its vitality and viability". In "all cases”, article 4 directions should be "based on robust evidence, and apply to the smallest geographical area possible”.

6. Councils should 'retain and explain' statues rather than remove them

A completely new paragraph 198 states: “In considering any applications to remove or alter a historic statue, plaque, memorial or monument (whether listed or not), local planning authorities should have regard to the importance of their retention in situ and, where appropriate, of explaining their historic and social context rather than removal."?

7. Encouraging faster delivery of further education colleges, hospitals and prisons?

A new paragraph 96, which was not included in the January draft version, states: "To ensure faster delivery of other public service infrastructure such as further education colleges, hospitals and criminal justice accommodation, local planning authorities should also work proactively and positively with promoters, delivery partners and statutory bodies to plan for required facilities and resolve key planning issues before applications are submitted."?

8. The United Nations' climate change goals have been added.

Paragraph 7 in the section on "Achieving sustainable development" states that "the purpose of the planning system is to contribute to the achievement of sustainable development". It now adds: "At a similarly high level, members of the United Nations – including the United Kingdom – have agreed to pursue the 17 Global Goals for Sustainable Development in the period to 2030. These address social progress, economic well-being and environmental protection."

9.?Development plan policies for proposed large new settlements should have a 30-year timescale rather than the usual 15.

In paragraph 22 in the section on plan-making and the subsection on "strategic policies", it states that strategic policies "should look ahead over a minimum 15 year period from adoption, to anticipate and respond to long-term requirements and opportunities, such as those arising from major improvements in infrastructure". This retains the wording from the old version, but a new sentence adds: "Where larger scale developments such as new settlements or significant extensions to existing villages and towns form part of the strategy for the area, policies should be set within a vision that looks further ahead (at least 30 years), to take into account the likely timescale for delivery." The addition of the phrase "significant extensions to existing villages and towns" is an update to January's draft version.

10. Aspects of policy concerning planning and flood risk are clarified

The section on "planning and flood risk" now spells out that plans should manage any residual flood risk by using opportunities provided by new development and "improvements in green and other infrastructure to reduce the causes and impacts of flooding (making as much use as possible of natural flood management techniques as part of an integrated approach to flood risk management)".

According to a written ministerial statement by Jenrick ,?the changes around flood risk and climate change "are an initial response to the emergent findings of our joint review with the Department for Environment, Food and Rural Affairs (DEFRA) of policy for building in areas of flood risk. For instance, highlighting the opportunities from improvements in green infrastructure and natural flood management techniques. We are also amending guidance on flood risk to emphasise that checks done by local authorities should steer new development to areas with the lowest risk of flooding from any source."

11. Tightened rules governing when isolated homes in the countryside can be acceptable

In paragraph 80 in the rural housing section, it sets out the circumstances in which isolated homes in the countryside can be acceptable. Previously, it said such homes would be acceptable if the design was “truly outstanding or innovative” - now the word “innovative” has been removed.

12. MHCLG is considering a further review of the NPPF to support its net zero commitment

The new version of the NPPF does not mention the government’s commitment to achieving net zero emissions by 2050. However, in response to concerns raised, the MHCLG consultation response states that it is "committed to meeting its climate change objectives and recognises the concerns expressed across groups that this chapter should explicitly reference the net zero emissions target. It is our intention to do a fuller review of the framework to ensure it contributes to climate change mitigation/adaptation as fully as possible, as set out in the [planning white paper]."

13. It spells out that ten per cent of all major housing schemes should comprise affordable home ownership properties

The new NPPF amends paragraph 65. It adds the words "total number of" so that it now says: “Where major development involving the provision of housing is proposed, planning policies and decisions should expect at least ten per cent of the total number of homes to be available for affordable home ownership". This, the MHCLG said in January, is “to address confusion as to whether the ten per cent requirement applies to all units or the affordable housing contribution”.

14. It introduces a new transport test for new settlements and urban extensions

The revisions introducing at paragraph 73 a new requirement for new settlements and urban extensions that they should now include “a genuine choice of transport modes”.

15. Policies on improving biodiversity have been strengthened.

In chapter 15 (Conserving and enhancing the natural environment), paragraph 180d (previously 174d) now says that "opportunities to improve biodiversity" should be "integrated" into a scheme's design. Previously, it used the term "encouraged".

16. It clarifies that neighbourhood plans can allocate large sites

The new framework amends paragraph 70 to, in the words of MHCLG when the draft version was published in January, “remove any suggestion that neighbourhood plans can only allocate small or medium-sized sites". The final revised version, in line with the draft, says that “neighbourhood planning groups should also give particular consideration to the opportunities for allocating small and medium-sized sites”. The old version said that such "should also consider to the opportunities for allocating small and medium-sized sites". The consultation response says the government "is satisfied that the policy clearly sets out that small, medium and large sites can be allocated in this way, but that small and medium sites should be given particular consideration".

Courtesy of Planning Resources