The New NPPF and Housing. Alistair Mills Landmark Chambers 1 October 2018

Size: px

Start display at page:

Download "The New NPPF and Housing. Alistair Mills Landmark Chambers 1 October 2018"

Marjorie Paul
5 years ago
Views:

1 The New NPPF and Housing Alistair Mills Landmark Chambers 1 October 2018

2 The New NPPF A fundamental change to the interpretation of the NPPF? Use of interpretation of the previous NPPF The NPPF as more prescriptive Examples of changes to the NPPF Focus on residential development

3 Guidelines for interpreting the NPPF General principles Relevance of legislation Relevance of the PPG Relevance of other policy

4 Adopting Previous Interpretation? Come up in relation to PPG2 and the Green Belt Overall indication is that the courts are likely to follow the previous interpretation of national policy But must remember interpreting the new NPPF, not the old (Turner v SSCLG [2017] 2 P&CR 1; Warners Retail (Moreton) Ltd v Cotswold DC [2016] EWCA 606 Take into account the previous interpretation Assume SSHCLG aware of previous interpretations

5 New NPPF more prescriptive? Made clear that policies in fn 6 are a closed list (cf Hopkins Homes) The buffer is more prescriptive how long assess (3 years), how great the shortfall needs to be (application of Housing Delivery Test) However, whether major development for AONB/NP a matter of judgment (changes to the consultation version)

6 Changes to the NPPF Correction to a presumed error: Green Belt and material changes of use No correction to an aspect of policy which HC says makes little sense: harm/loss in NPPF 201, East Meon Forge [2014] EWHC 3543 (Admin) Introduction of a new error: definition of Planning Obligation in Glossary Failure to deal with a new legal development: the implication of People Over Wind, NPPF 177

7 Focus on Residential Development Housing need Housing land supply Affordable housing Viability Delivery Rural housing

8 Housing Need Use of the standard methodology to assess need Potential change due to the population projections Use of the cap Needs for specific types of housing Detail provided in the recently-amended PPG

9 Showing a Housing Land Supply Five-year supply remains of central significance Demonstrating supply by recently-adopted plan Problems with NPPF 74 Annual position statement Details in PPG Deliverability Problematic definition

10 Deliverability Sites that are not major development, and sites with detailed planning permission, should be considered deliverable until permission expires, unless there is clear evidence that homes will not be delivered within five years (e.g. they are no longer viable, there is no longer a demand for the type of units or sites have long term phasing plans). Sites with outline planning permission, permission in principle, allocated in the development plan or identified on a brownfield register should only be considered deliverable where there is clear evidence that housing completions will begin on site within five years.

11 The Buffer New NPPF much more prescriptive 20% buffer where significant under delivery of housing Defined by reference to Housing Delivery Test Time-period prescribed (3 years) 10% buffer where LPA wishes to demonstrate by reference to document

12 Supply and Neighbourhood Plans NPPF 14 Guidance in the PPG Protection lasts for two years Challenge to predecessor unsuccessful: Richborough Estates [2018] PTSR 1168 Three year supply required Housing Delivery Test: 45% over previous 3 years

13 Supply and Appeals Recent decision in Hallam Land [2018] EWAC Civ 1808 No need for Inspector to determine exact level of shortfall Inspector should consider broad magnitude of shortfall, expected duration, LPA s steps, and the impact of the proposed development

14 Affordable Housing Prescriptive as to type of affordable housing: default of 10% affordable home ownership (NPPF 64) Provision of affordable housing restricted to major development (NPPF 63) Affordable private rent on Build to Rent schemes New PPG on this

15 Viability Intention to push consideration of viability back to the plan-making stage, to avoid consideration at application stage Viability evidence to be public PPG provides some exception to this Policies setting contributions not to undermine the deliverability of the plan (NPPF 34) EUV+ Price paid not justification for not comply with policy

16 Delivery of Housing Housing Deliver Test: delivery over requirement during three-year period, expressed as percentage Action Plan Tilted balance 20% buffer Shorter deadlines for grant of permission

17 Rural Housing Support for rural exception sites Rural housing to support existing communities NPPF does not define key terms NPPF 79 on isolated dwellings largely replicates previous NPPF, more prescriptive? Meaning of isolated (Braintree DC [2018] JPL 1036)

18 Interpreting the NPPF: The New National Planning Policy Framework Bath Publishing,

THE NEW NPPF: WHAT S AHEAD? By Killian Garvey 19 th June 2018 RTPI NE

THE NEW NPPF: WHAT S AHEAD? By Killian Garvey 19 th June 2018 RTPI NE CURRENT Tilted Balance For decision-taking this means (paragraph 14): approving development proposals that accord with the development