Rebooting National Planning Policy: How Is The System Working 12 Months On?
A Review of the 2018 and 2019 Revisions to the National Planning Policy Framework
The National Planning Policy Framework was revised in 2018 then further amended in February 2019. It addresses key issues in relation to the delivery of housing and economic growth. It remains to be seen whether national policy can keep pace with market trends and case law, as well as reacting to the practical consequences of information or circumstances which may undermine how the planning system operates in practice. This programme will examine how the NPPF plays out in practice.
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The current NPPF was published in February 2019 - seven years after the original document and only seven months after the 2018 update. It is the third version and aims to improve the clarity of national policy, as well as addressing key issues in relation to the delivery of housing and economic growth.
The changes introduced earlier this year follow the Government’s technical consultation in late 2018. As part of this update, Government has provided:
- clarification on the application of the Housing Delivery Test,
- updated and reissued guidance in relation to the carrying out of housing and economic needs assessments,
- recast the definition of a ‘deliverable’ site, and
- clarified that the presumption in favour of sustainable development will not apply where there are effects on a habitats site (unless an appropriate assessment concludes that negative impacts will not occur).
It could be said that the 2018 and 2019 iterations of the NPPF demonstrate that the Government is applying a new approach to application of national planning policy and guidance. This roadshow will bring together lawyers, solicitors, planners, surveyors and viability specialists to understand the mechanics of the 2018 and 2019 reboots of the NPPF and how this is playing out in practice?
NPPF2: Out with the Old, In with the New - Potential Litigation Areas
- The previous NPPF - the stresses, strains and tensions
- Where have the cases fallen to date?
- Impediments to legal challenges
- What may carry over into NPPF2?
- Current attitude of the courts
- Key areas for challenge in NPPF2
- The presumption in favour of sustainable development
- Neighbourhood plans
- House delivery
- Air quality
- Trends in negotiation and engagement of the various parties
NPPF2 Update: Changes to Housing Policy
- Practical review with statistics
- Part 1: Standard methodology
- Key concepts
- Step 1: Setting the baseline
- Step 2: Adjustment to take account of market signals
- Step 3: Capping the increase
- Alternative methods
- Transitional arrangements
- Part 2: Housing Delivery Test
- Calculating the Housing Delivery Test
- Why Housing Delivery Test matters
NPPF2 Update - Affordable Housing
Definitions and conditions required
- Social rent or affordable rent
- Affordable housing for rent
- Starter homes
- Discounted market sales housing
- Other affordable routes to home ownership
- Supple considerations
- In major developments
- Other sites
- Green Belt
- Section 106 agreements and affordable housing - how to draft
- Where do starter homes fit in?
NPPF2 Update - Viability - Creating Certainty
- NPPF1 v NPPF2
- PPG Viability Guidance - striking a balance
- RICS Financial Viability in Planning (FVIP)
- Greenfield and Brownfield land economics
- Benchmark Land Value (BLV): Existing use value & premium
- Parkhurst Road Ltd v SoS Communities and Local Government
- Land Value Capture/Hope Value
- Creating certainty/level playing field for house-builders
- De-risking local plan for local planning authority
NPPF2 Update - Environment Consideration, Including Green Belts, Climate Change and the Natural Environment
- Chapter 13: Protecting Green Belt Land
- Proposals affecting the Green Belt
- Chapter 14: Meeting the challenge of climate change, flooding and coastal change
- Planning and flood risk: Paragraphs 155-165
- Chapter 15: Conserving and enhancing the natural environment
- Ancient woodland and veteran trees
- National parks, Broads and AONBs
- Designated sites of importance for biodiversity
- Air quality - a missed opportunity
- Energy - wind, shale gas