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The Government has published its revised draft National Planning Policy Framework (NPPF), with consultation open until March 2026. The draft signals a clear change in direction, introducing a new policy structure and a more interventionist approach to housing delivery, strategic planning and decision-taking. Below we highlight several of the most important changes, with references to the draft text.
Immediate effect on decision-making The draft NPPF confirms that, once adopted, it will apply immediately to development management decisions (para 231). This means that live applications and appeals will need to be assessed against the revised framework, even where Local Plans have not yet been updated. In practice, this is likely to require reassessment of planning balance in a number of cases, particularly where housing supply or sustainability considerations are engaged. Transitional arrangements for plan-making While decision-taking takes immediate effect, the draft provides transitional arrangements for certain local plans that have reached advanced stages. Paragraph 234 allows a limited period for some emerging plans to proceed under the previous framework, subject to specific criteria and deadlines. LPAs will need to carefully assess whether continuing under the former NPPF remains justified, particularly given the revised housing need methodology. This perversely, may delay the production of important local plans. Expanded presumption in favour of sustainable development One of the most significant changes in the draft NPPF is the expanded presumption in favour of sustainable development, with the familiar approach previously set out in paragraph 11 removed and replaced by a broader policy framework. Under Policy S4, the presumption would apply to all development proposals within settlements unless the harms would “substantially outweigh the benefits”, signalling a clear default in favour of development in sustainable locations, including brownfield sites. Policy S5 extends the presumption beyond settlements in defined circumstances, including where a local planning authority cannot demonstrate a five-year housing land supply or has failed the Housing Delivery Test, as well as for housing and mixed-use development within reasonable walking distance of railway stations. This station-based provision would not apply where it would prejudice long-term comprehensive development, but may apply within the Green Belt (Policy GB7(h)) where the Golden Rules are met. Proposals falling outside the categories benefiting from the presumption would be subject to a reverse presumption and should be refused unless exceptional circumstances are demonstrated, while contributions towards meeting unmet accommodation needs are to be given “substantial weight” in decision-making. Revised standard method for housing need A central feature of the draft NPPF is the revised approach to calculating local housing need. The framework confirms that the ‘Standard Method’ remains the minimum starting point for plan-making and decision-taking once adopted policies are more than five years old (para 11). The new method is intended to increase delivery nationally and places greater weight on existing housing stock and long-term affordability pressures. The Government has stated that this approach is designed to ensure that plans “provide for” identified needs (para 11(b)), reinforcing expectations that authorities address unmet need unless clearly constrained by policy considerations. Green Belt and ‘Grey Belt’ land The draft introduces a new policy approach to certain categories of Green Belt land. Development on so-called ‘Grey Belt’ land is no longer automatically treated as inappropriate, provided a series of criteria are met (para 155). These include demonstrating that development would not fundamentally undermine the purposes of the Green Belt taken as a whole, that the site is in a sustainable location, and that there is a demonstrable unmet need for the proposed development. Where development complies with the defined “Golden Rules”, including enhanced affordable housing provision, infrastructure delivery and accessible green space, significant weight should be given in favour of approval (para 157). A more delivery-focused framework Taken together, the draft NPPF represents a shift towards a more delivery-led planning system, with clearer policy direction, stronger expectations on housing provision, and increased emphasis on strategic planning. While many of the detailed implications will depend on how policies are interpreted and applied in practice, it is clear that the revised framework will have a material impact on both plan preparation and development management. We are continuing to review the draft NPPF in detail and will provide further commentary as the consultation progresses.
What are the New Class Q Regulations? On 30 April 2024 government announced new regulations which would come into force regarding Class Q; applications submitted on or after 21 May 2024 will be subject these new regulations set out in Statutory Instrument 2024 No. 579 The changes bring positive news for developers and agricultural businesses alike. They shows that Government continues to see value in allowing housing to come forward in this way, it more than doubles the maximum floor area, doubles the number of units allowed. In updating the regulations, Government also closes-off a frequent battleground area which related to insulation, MPD have found that LPAs will often expect the outer skin of barns to be retained and simultaneously cite that the addition of necessary insulation goes beyond works “reasonably necessary”. In making the changes, government are sending a clear signal that SIPs panels (or equivalent) are acceptable provided they are under 20cm thick. Two other changes are worthy of discussion. Where a building has been sold off separately from its parent agricultural holding there is now a clearer path to consent under the revised Class Q Regulations. This has often been a key line of argument from LPAs who seek evidence of some form of agricultural activity or trade taking place which can often be difficult to source. Now, the test applied expects that only the current or previous use of the building be agricultural. Again, this sidesteps the arguments LPAs often advance that they need proof of a viable agricultural activity having taken place recently on the site in order for the barn to benefit from Class Q. This was never MDPs interpretation of the regulations but sadly some Inspectors have been convinced by the LPAs case made. These regulations are much clearer and as a result more schemes will meet the requirements and more housing will be delivered.
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