The National Planning Policy Framework (NPPF) has specific provisions to address situations where local authorities have an outdated local development plan or are behind in delivering the required land supply.
Key Provisions of the NPPF
Paragraph 11:
- The NPPF establishes a presumption in favour of sustainable development. When the local plan is outdated, this presumption is particularly significant.
Decision-Making:
For decision-making, this means approving development proposals that accord with an up-to-date development plan without delay. When there are no relevant development plan policies or the policies are out-of-date, permission should be granted unless:
- The adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the NPPF as a whole.
- Specific policies in the NPPF indicate that development should be restricted (e.g., Green Belt, designated heritage assets).
Five-Year Housing Land Supply:
- Local planning authorities are required to identify and update annually a supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing against their housing requirement.
- If the local authority cannot demonstrate a five-year supply of deliverable housing sites, the relevant policies for the supply of housing are considered out-of-date.
Housing Delivery Test:
- The Housing Delivery Test measures the number of homes delivered in a local authority area against the homes required. If delivery falls below certain thresholds, the presumption in favour of sustainable development applies.
Paragraph 14:
- When a local plan is out-of-date, local authorities should continue to grant permission unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, considering the policies in the NPPF.
Updating Local Plans:
- Local authorities are encouraged to update their plans every five years to reflect changing circumstances, such as changing housing needs and the availability of new data.
Example Scenario
Scenario: A local authority is behind on delivering its five-year housing land supply and has an outdated local development plan.
Application: A developer submits a planning application for a residential development.
Decision-Making:
- The local authority must consider the presumption in favour of sustainable development due to its inability to demonstrate a five-year housing land supply.
- The authority will weigh the benefits of the development (e.g., contribution to housing supply) against any potential adverse impacts.
- The authority will also assess the proposal against the policies in the NPPF, including those related to environmental protection, design, and infrastructure.
Conclusion
The NPPF plays a critical role in guiding development when local authorities have outdated plans or insufficient land supply.
It ensures that sustainable development can proceed while balancing the need for housing and growth with environmental and community considerations (???).
Local authorities are encouraged to update their plans regularly to maintain control over development and align with the broader objectives of the NPPF.
