NPPF Updates 30th July 2024: What Do They Mean for Net Zero Infrastructure and Sustainable Transport?

NPPF Updates 30th July 2024: What Do They Mean for Net Zero Infrastructure and Sustainable Transport?

Insights from Principal Planning Consultant, Tom Baguley , and Associate Director of Transport, Josh Burkin

This week, the Government released a new draft of the National Planning Policy Framework (NPPF), which will be open for consultation until 24th September 2024. As many anticipated, this draft rolls back several changes made in December 2023 under the previous administration. In this article, Enzygo 's Principal Planning Consultant, Tom Baguley, and Associate Director of Transport, Josh Burkin, explore what these updates could mean for your Net Zero projects and how the revised wording on transport effects might influence the development of transport strategies and the assessment of your schemes.

1. Strengthening Policy Support for Renewable and Low Carbon Energy Development

The draft NPPF signals a stronger policy backing for renewable and low carbon energy development. Notably, Paragraph 161 is set to be amended, requiring Local Planning Authorities (LPAs) to “identify,” rather than merely “consider identifying,” suitable areas for renewable and low carbon energy sources and supporting infrastructure when preparing new Local Plans. This change is aimed at accelerating the delivery of renewable energy as the UK approaches its 2030 goal for zero carbon electricity generation.

Amendments to Paragraph 164 further reinforce this stance, requiring LPAs to “support planning applications for all forms of renewable and low carbon development” and to “give significant weight to the proposal’s contribution to renewable energy generation and a net zero future.” This is a welcome shift designed to turbocharge renewable energy projects.

Additionally, Paragraph 165 remains intact, ensuring that planning applications for renewable and low carbon energy developments outside designated areas must demonstrate that the proposed location meets the criteria used in identifying suitable areas. The proposed deletion of Footnotes 59 and 60, as outlined in the Policy Statement on Onshore Wind (published 8th July 2024), removes the de facto ban on new onshore windfarms.

2. Other Energy-Related Amendments

Paragraph 160, which previously supported community-led initiatives for renewable and low carbon energy sources, has been deleted and replaced by a reference to community-led projects in the new Paragraph 164b (previously 163b).

Moreover, Paragraph 163c (now 164c) has been revised. While it still prioritises the benefits of repowering or extending the life of existing renewable sites, the requirement to approve applications only if their impacts are (or can be made) acceptable has been removed. This change could facilitate the continued operation of established renewable sites.

3. Agricultural Land

The NPPF proposes to remove the December 2023 addition in Footnote 62, which stated that the availability of agricultural land for food production should be considered when determining appropriate development sites. Paragraph 180 remains unchanged, acknowledging the benefits of best and most versatile (BMV) agricultural land. However, the revision to Footnote 62 (now 64) introduces a policy test for site selection similar to that in National Policy Statement EN-3, which suggests that the grade of agricultural land should not be a dominant factor in deciding on solar development applications.

4. The Introduction of the ‘Grey Belt’

One of the most significant policy initiatives introduced by the new Labour Government is the reform of Green Belt policy to create the ‘Grey Belt’. This includes land in the Green Belt that comprises ‘previously developed land’ and other areas that contribute minimally to the five Green Belt purposes, excluding areas or assets of particular importance listed in Footnote 7.

The NPPF expands the definition of development that is not ‘inappropriate’ in the Green Belt at Paragraph 152 to include “development that would utilise Grey Belt land in sustainable locations” that would “not fundamentally undermine the function of the Green Belt across the area of the plan as a whole.”

Paragraph 155 (now 154) remains unchanged, confirming that renewable energy projects in the Green Belt are likely to be considered inappropriate development. Developers will still need to demonstrate very special circumstances to proceed, which may include the broader environmental benefits of increased renewable energy production.

5. Vision-Led Transport Planning

The new draft NPPF represents a significant shift in how we approach transport planning for new developments. Revised Paragraph 112 advocates for a “vision-led approach” to sustainable transport, moving beyond the previous focus on ensuring “appropriate opportunities” for sustainable modes. This means that both planning allocations and applications must align with a broader vision for the area’s future in terms of place and accessibility.

Aspects such as parking levels and highway access/mitigation will need careful consideration within this vision, particularly for larger and strategic sites where a phased approach is necessary. This shift could direct our focus and funding towards creating better places and delivering essential sustainable transport infrastructure, making sustainable transport the default choice for as many people as possible.

Paragraph 113 now stipulates that refusals on highway grounds should be based on severe cumulative impacts across “all tested scenarios,” highlighting the importance of considering a range of plausible scenarios rather than relying solely on worst-case peak hour traffic.

Transport Assessments will need to cover these scenarios with some flexibility to adjust strategies as effects become apparent over time – often referred to as ‘Monitor and Manage’. Importantly, concerns about peak hour traffic alone will no longer be sufficient grounds for refusal if we present a credible, evidence-based scenario aligned with the agreed future vision.

If implemented, these changes will create new opportunities for Enzygo and our clients. Embracing a vision-led approach will enable us to work collaboratively with clients and stakeholders to deliver improved outcomes, aligning projects with long-term sustainability goals.

6. NSIP Amendments

Another critical aspect of the consultation is the proposal to raise the Nationally Significant Infrastructure Project (NSIP) threshold for solar developments from 50MW to 150MW. While Development Consent Orders (DCO) for NSIPs offer clarity and consistency through centralised decision-making, they also require more significant resources and can be cost-ineffective. Raising the threshold means that larger solar developments between 50MW and 150MW will now be determined under the Town and Country Planning Act (TCPA) by Local Planning Authorities.

There is also a consultation on reintroducing onshore wind to the NSIP/DCO procedure, with a proposed threshold of 100MW rather than 50MW.

7. What Else?

We’re anticipating the government’s upcoming planning and infrastructure bill, which promises to modernise planning committees and enhance the capacity of local planning authorities. For our clients, this could mean more consistent decision-making and improved performance in the planning system. It will also provide greater predictability, aiding in managing investments in UK plc.

8. Closing Thoughts

The draft NPPF updates reflect a substantial shift in national planning policy, reinforcing support for development and removing obstacles. For Enzygo and our clients, these changes offer the promise of greater consistency and a more positive approach to development, helping us all deliver the sustainable growth that is so urgently needed. Let’s ‘get Britain building.’

We encourage all our clients and industry colleagues to thoroughly review the NPPF and contribute your feedback to help shape the future of planning policy. For any queries regarding the NPPF updates or assistance with your development projects, please contact Tom Baguley ([email protected] ) and Josh Burkin ([email protected] ). We’re here to help and look forward to discussing your needs.

#NPPF2024 #NetZero #SustainableTransport #GreyBelt #RenewableEnergy #UrbanPlanning #PlanningPolicy #InfrastructureDevelopment #VisionLedPlanning #GreenBelt #SolarEnergy #OnshoreWind #PlanningConsultation #UKPlanning #EnvironmentalSustainability #Enzygo