What are the Minimum Design Quality Requirements for a “Policy Compliant” Development following the Latest NPPF Changes?

This is the third article in a series exploring the increasingly used phrase “policy compliant,” particularly in relation to design quality and following the recent 2024 changes to the NPPF under the new Labour government.

Planning Context and the NPPF

The planning system in England operates within a hierarchical framework, balancing national, regional, and local input. National policy and guidance, such as the NPPF, National Design Guide, and National Model Design Code, set out overarching principles and requirements. These are interpreted and applied through regional and local policies - such as the London Plan and borough-specific Local Plans - which provide additional detail and adapt national guidance to suit local contexts and needs.

Local authorities retain discretion to shape their policies to address specific local challenges, provided they align with the broader principles set out in national and regional policy.

The NPPF also establishes the “presumption in favour of sustainable development,” which applies when Local Plans or regional policies are out of date, inconsistent with national policy, or ‘silent’ (lacking policies explicitly relevant to a proposed development or location). In London, the London Plan forms part of the statutory development plan alongside borough-specific Local Plans. If a borough’s Local Plan is out of date, the London Plan still carries significant weight. If both the borough’s Local Plan and the London Plan are considered out of date or inconsistent with the NPPF, decision-making defaults to the policies set out in the NPPF as a ‘material consideration’.

In such cases, proposals must generally be approved if they accord with the NPPF’s policies as a whole, unless the adverse impacts of granting permission significantly and demonstrably outweigh the benefits, when assessed against the NPPF’s overarching objectives.

Design Quality in the Default Scenario

So, what does this mean for design quality? And, in that context, what are the minimum design quality requirements which make a development “policy compliant”?

In a default scenario, where the presumption in favour of sustainable development is not triggered, design quality requirements are assessed against the statutory development plan. This comprises borough-specific Local Plans and, where applicable, regional strategies like the London Plan, alongside national policies as material considerations.

National policies, such as those in the NPPF and National Design Guide, provide overarching principles, while regional strategies and Local Plans, including design codes, offer detailed guidance tailored to specific contexts. Developers are expected to comply with the statutory development plan and demonstrate alignment with local priorities, regional strategies, and national objectives, ensuring proposals contribute to high-quality, sustainable developments that respond effectively to their distinct setting.

Design Quality - True North

Design quality compliance operates across three tiers, figuratively speaking:

1. National Level: The NPPF, particularly Chapter 12: Achieving Well-Designed Places, and the National Design Guide establish overarching principles for high-quality design.

2. Regional Level: For London, the London Plan builds on these national principles through specific policies, such as those in Chapter 3: Design. The London Plan is supported by Supplementary Planning Guidance (SPGs) and, increasingly, by London Plan Guidance (LPGs), which set out detailed baseline requirements for key design-related topics.

3. Local Level: Borough-specific Local Plans, design guidance, and design codes provide context-sensitive requirements tailored to local priorities.

In addition to these statutory frameworks, design requirements and expectations from key stakeholders, such as Historic England, Transport for London (TfL), and the Environment Agency (EA), play an important role. These stakeholders often provide guidance or technical requirements specific to their expertise, contributing to a comprehensive approach to design quality.

Together, these tiers and stakeholder contributions form a robust and comprehensive framework, ensuring that development achieves high design quality standards while balancing broader principles, local priorities, and specialised requirements.

The Presumption in Favour of Sustainable Development

When the presumption in favour of sustainable development is triggered - due to Local Plans or regional policies being out of date, silent, or inconsistent with the NPPF - design quality requirements still apply, but the process for assessing them shifts.

In such cases, the NPPF becomes the primary reference for decision-making, and its overarching principles take precedence. For design quality, this means developments must demonstrate that they align with the NPPF’s goals, particularly those outlined in Chapter 12: Achieving Well-Designed Places and especially paragraph 135.

However, local and regional design standards are still considered if they do not conflict with the NPPF, offering additional guidance where relevant. Inputs from stakeholders such as Historic England, TfL, and the Environment Agency also generally still apply, as they often align with national priorities. The extent to which their recommendations influence decisions depends on whether they are deemed critical to achieving sustainable development.

In essence, when the presumption in favour of sustainable development applies, design quality requirements are assessed more closely against the NPPF, with regional and local design requirements continuing to apply only if they are up-to-date, relevant, and do not conflict with the NPPF.

While the absence of an up-to-date Local Plan may provide more flexibility for developers, it nevertheless does not exempt them from delivering well-designed, sustainable, and high-quality places.

The presumption in favour of sustainable development requires decision-makers, using the NPPF as the primary guiding framework, to weigh the benefits of a proposal against any adverse impacts.

In practice, the NPPF’s central role in this scenario means that other inputs - whether regional, local, or from stakeholders - are not disregarded but are assessed more closely for their alignment with the principles and goals of sustainable development as outlined in the NPPF. Where conflicts arise, or where the contribution of other inputs to achieving sustainable development is questionable, decision-makers are likely to choose to override or give less weight to these conflicting inputs.

However, if the provided input clearly and demonstrably contributes to achieving sustainable development as defined and outlined in the NPPF policies, decision-makers are expected to integrate and give appropriate weight to those inputs. This ensures that the final decision reflects a balanced consideration of all relevant factors, reinforcing the overarching goal of delivering well-designed, sustainable, and high-quality development that meets economic, social, and environmental objectives.

In Conclusion

The recent changes to the NPPF do not remove or undermine design quality as an essential component of sustainable development. If anything, they clarify and reinforce the importance of design quality as a fundamental part of achieving sustainable, high-quality places that meet the needs of local communities.

Even when the presumption in favour of sustainable development is triggered, the bar for design quality remains high, with developments still expected to align with the principles outlined in the NPPF and demonstrate that they contribute positively to their context.

Far from weakening design standards, these changes emphasise that achieving good design is not just a desirable outcome but a critical element of making development acceptable.

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