March 2013 represents the first anniversary of the groundbreaking National Planning Policy Framework (NPPF), the Government’s primary statement of planning policy for England.

The approach is to balance the economic, environmental and social needs of the country - albeit in the present difficult economic circumstances, maximum effort is being directed towards development that will assist the economy.

Three key policy strands stand out:

• Speeding up decision making

• Achieving a significant boost in the delivery of housing

• Shifting towards Localism

Analysis of the impact of the NPPF across the Southern Half of England (190 local authorities) shows some evidence that planning outcomes are occurring more swiftly. However, the messages of the NPPF need further time to take effect, and – despite further progress with development plan making - many Local Authorities (LAs) are hindered by plans which are not properly up to date.

The boost to housing delivery is yet to materialise, although encouraging signs have recently been reported by the Home Builders’ Federation in the form of an increase in planning permissions for housing between Q2 and Q4 in 2012. A worrying tendency to reduce housing land allocations, following LAs’ release from the constraints of Regional Strategies, is now being countered by the Planning Inspectorate (PINS) as new development plans are examined.

Government has set a good example to LAs, with a high proportion of Ministerial and Inspectors’ decisions reflecting an optimistic view of development, and this is undoubtedly having an effect on outcomes at LA level.

LAs have varied in how effectively they (and the communities they represent) have embraced Localism. It is a radical new approach, and it as yet too early to tell what the implications of Localism will prove to be, and the extent to which it is consistent or otherwise with the other policy strands.

The Speed of Decision Making

To deliver additional development, the NPPF has been complemented by wider Government initiatives such as the ‘Red Tape Challenge’, and various measures proposed in the Autumn Statement. These all have the common purpose of seeking to create a faster and more efficient planning system.

The most radical proposal (now contained in the Growth & Infrastructure Bill) may see some LAs losing the power to determine planning applications, with the option available to applicants to submit applications direct to PINS. Quite how this measure will emerge in the Act, and whether or not it is deemed effective by developers, remain to be seen.

The Government proposes to identify the LAs which have the slowest record on decision making and lose the most appeals. David Jackson (Director, Oxford) notes: “Our teams are noticing that the desire of LAs to determine applications within the prescribed 8, 13 or 16 week periods has re-emerged, possibly owing to the provisions of the Bill. While a greater sense of urgency is to be applauded, the problem with this approach, last seen when Planning Delivery Grant was available, is that applicants would often be content for a small delay in order to get the right decision, rather than endure a refusal just because the LA is determined not to over-run its target time.”.

Red Tape Challenge

Roger Hepher (Savills Head of Planning) is the private sector ‘Champion’ of the Red Tape Challenge, which is aimed at reducing the plethora of Planning regulations, some of which date back to 1948. Planning Magazine (22 February 2013) has reported some interesting suggestions by consultees to speed up the process:

• A requirement for applications to go to Committee ‘by default’ within prescribed times.

• A presumption that ‘no comment’ from consultees within specified time periods means no objection.

• Chartered Registered Architects to approve small scale development, thus removing it from Development Control to free up the process.

Roger Hepher comments: “At the start I was concerned that ‘reform fatigue’ may have set in after all that’s happened in Planning over the last two and a half years. But, in fact, what has emerged is a thirst for further measures to simplify and speed up the system.”

The NPPF has arguably already reduced the bureaucracy associated with decision making, removing 1,300 pages of guidance and replacing it with just 65. The NPPF is not however a spatial plan and therefore much is left to application and interpretation. There are signs that Planning Inspectors and some LAs are responding to the presumption in favour in a positive manner.

Development Management

There are significant differences by location in respect of speed of decision making and success at appeal. In general, the more negative LAs generally experience a higher proportion of appeals being allowed.

The NPPF is part of a wider Government initiative to make the planning system more efficient and deliver growth. DCLG and PINS statistics largely do not demonstrate any notable shift as yet. Only 43% of major residential proposals are determined on time, but the majority are eventually approved (circa 82% nationally, which is a ten year high according to DCLG). Those that go to appeal are dealt with more quickly, and some 47% of major residential appeals are allowed. The scale of development allowed on appeal has increased.

Taken from
Spotlight: National Planning Policy Framework - One Year On