Well it's not often that a new planning consultation is published on a Saturday. We enjoyed the Twitter speculation about whether this was due to tight timetabling at MHCLG or a Friday afternoon internet hitch!
The consultation is the latest move on the Building Better Building Beautiful campaign. The government accepted the Building Better Building Beautiful Commission's recommendations on promoting beautiful places and is proposing a number of changes to national planning policy to push this forward.
So what's proposed this time?
- A stronger focus on beauty in national policy - Changes to the National Planning Policy Framework ("NPPF") are proposed to make it clear that poor quality schemes should be refused, but that significant weight should be given to development which reflects local design policies and government guidance on design. There are multiple new references to "beautiful" places and minor clarification on what is required for high quality design. There are also proposals on plan-making, such as a requirement for strategic policies to include a strategy for design and a new 30 year (minimum) plan period for new settlements and urban extensions.
- A draft National Model Design Code - This sets out guidance on the production of design codes, guides and policies for high quality design. An accompanying Guidance Note has also been published. Local authorities would be expected to produce design guides/codes consistent with the National Design Guide and National Model Design Code principles and which reflect local character and design preferences.
- At least 10% affordable home ownership – This already applies to major development involving housing. The change is included to clarify that the requirement applies to the total number of homes. No change is proposed to the existing exemptions, such as build to rent.
- Strengthening environmental policies – Amendments on flood risk, biodiversity and climate change are proposed. The changes include requirements for: local plans to improve the environment and mitigate climate change; all new streets to be tree-lined; and existing trees to be retained wherever possible. It also sets expectations for open spaces and attractive pedestrian and cycle routes.
- Tightening up Article 4 directions – This is a big one. Committed to its housing delivery targets and deregulation of the planning system, new wording is proposed to say that the use of Article 4 directions to remove housing related permitted development rights should be limited to "situations where this is essential to avoid wholly unacceptable adverse impacts". An alternative suggestion is that Article 4 directions are "limited to situations where this is necessary in order to protect an interest of national significance". There is further tightening up on the area to be restricted too, as the directions are to apply only to the smallest geographical area possible.
- Consistency on heritage – Updates to the NPPF are proposed to reflect Robert Jenrick's recent Written Ministerial Statement on retaining statues and historical plaques.
- Flexibility in the Green Belt – There is clarification that building carried out under a Community Right to Build Order or Neighbourhood Development Order is not inappropriate if it preserves its openness and does not conflict with the purpose of including land within the Green Belt.
- A bit of tidying up – Some minor changes are proposed to clarify policy in light of legal issues that have arisen and to remove or amend text that is now out of date, such as the early thresholds for the Housing Delivery Test.
What's next?
The consultation closes on 27 March 2021, so there's plenty of time to get your responses in.
A "fuller review" of the NPPF is hinted at, and will certainly be necessary if the wider White Paper planning reforms are to be taken forwards. We still await the government's formal response to that consultation, which is now expected in the Spring. Watch this space for more on that and other key planning changes in the pipeline.
