- More uncertainty. The NPPF has not put an end to uncertainty over the future direction of the Planning System – in fact, it may only be an interim document. Throughout 2024 we will see further changes following on from the LURA, including regulations setting out a new Local Planning process, a consultation on Extensions of Time, a consultation on national development management policies, the publication of those national development management policies in their final form, and the commencement of a new Local Plan system in November. Inevitably these (and other) changes will mean that the 2023 NPPF has a limited shelf life, and we should expect further revisions through the year as the legislative background changes. And that is before we factor in the prospect of a General Election and what its outcome may be…
- The NPPF itself is not clear. Many of the new parts of the NPPF do not give complete clarity over how they will be implemented – see more below. It will be for the Inspectorate to interpret key elements through the decisions of Inspectors on Planning Appeals and Local Plan Examinations. 2024 may therefore be a year of watching appeal decisions and commenting on what they mean…
- Working out what the status of individual LPAs may be is not straightforward. Is the LPA a paragraph 76 authority (doesn’t need to show a 5YHLS), a paragraph 226 authority (only needs to show a 4YHLS), is the Local Plan subject to the 2019 NPPF (paragraph 230 authorities), to the “relevant previous version of the NPPF” (paragraph 227 authorities) or to a combination of both (paragraph 228 and 229 authorities)? And let’s not forget that paragraph 226 only applies for 2 years from the publication of the 2023 NPPF…
- Working out the housing land supply position of an LPA is also not straightforward.? Does an LPA qualify as a paragraph 76 authority (no 5YHLS required) if they have an up to date Local Plan, but the housing requirement is set out in a joint plan that everyone has agreed that is out of date? And what is a 4YHLS position? Is it, as some have argued the requirement to demonstrate sufficient land supply over the next 4 years to meet a requirement calculated over those 4 years (i.e. your requirement reduces but you lose all those sites you put into year 5 to prop up the land supply), or is it as others have suggested simply that your 5 year housing land supply assessment shows that you have between 4 and 5 years of supply?? A lot rides on this distinction so be careful what you wish four…
It’s all enough to make you abandon Dry January and pick up the remaining bottles of Christmas booze.?Only two things are clear: it is more important than ever to understand the local plan and 5/4YHLS position of each LPA (for officers and planning consultants alike), and the timing of applications is going to be key in relation to the ongoing changes. If you thought the NPPF would calm things down, think again!
