NPPF December 2024 to drive development nationally

Article written by:

Katie Parsons

Since the summer consultation on a draft NPPF, we’ve been expecting the widely anticipated final version to land on our doormats in time for Christmas. As of yesterday (12 December 2024), we now have a new NPPF which reverses a lot of the previous national policy that effectively subdued housing delivery nationally. The new document has far-reaching implications for practically all our clients (both councils and developers).

We have set out some key points for you to be aware of. Get in touch with us to explore your site options and proposals, especially if you have Green Belt sites that could potentially qualify as Grey Belt.

What are the headlines?

  • The new NPPF has been amended to drive development nationally and in particular housing development
  • The Standard Method for calculating housing numbers is now the mandatory basis for all local plans, the formula has also been altered, resulting in higher numbers - significantly in some cases
  • Keeping Local Plans up to date is incentivised by a strengthening of the operation of the presumption in favour of sustainable development
  • A new category of Green Belt land has been identified: the ‘Grey Belt’, which can be released for development in certain circumstances outside of the local plan process
  • More support is also given to maintaining a supply of employment sites, and to providing the infrastructure required to support our modern economy

Who does it apply to?

It applies immediately for decision making, and there are transitional arrangements for emerging Local Plans:

  • It won’t apply to plans submitted for examination before 12 March 2025 – although if those plans provide for less than 80% of their new housing requirement calculation, they will be expected to immediately begin work on a new plan to address the shortfall
  • It won’t apply to plans that reach Reg 19 consultation stage before 12 March 2025, so long as the draft plan meets at least 80% of the new housing requirement calculation

What are the main changes?

Presumption in favour of sustainable development

  • In the planning balance, particular regard is to be given to directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes
  • The weight to be given to ‘footnote 7’ policies has been changed from ‘a clear reason to refuse’ to ‘a strong reason’

Housing Land Supply

  • The concessions for recently adopted plans or advanced emerging plans have been deleted - so the five-year supply requirement now applies in all cases (the 4 year housing land supply requirement has been deleted)
  • Buffers are also back - 5% for everyone, 20% for scoring below 85% in the housing delivery test, or from July 2026 for plans adopted under previous versions of the NPPF, 20% where the adopted housing requirement is 80% below the new Standard Method requirement, this is effectively a six-year housing land supply requirement
  • For the first five years after adoption, provided that an LPA can demonstrate a 5YHLS against their Local Plan requirements (with the appropriate buffer) and has scored more than 75% on the Housing Delivery Test over the previous three years, the policies should not be regarded as out of date even if the Standard Method number is higher.

Brownfield Land

  • Brownfield proposals should be approved unless substantial harm (considered to be the highest level of harm) would be caused
  • The definition now specifically includes large areas of hardstanding (but not glasshouses)

Green Belt Land

  • LPAs are now required to consider Green Belt land release if they cannot otherwise meet their requirements. They can no longer use it as an excuse to support lower housing delivery targets
  • A sequential approach of brownfield first, then a new category called ‘Grey Belt’, and then Green Belt, is set out
  • Specific affordable housing policies are now required for major development on Green Belt land either through local plan release or planning permissions, which must be higher than its normal policy requirements, and at least 50%
  • Until these policies are adopted, a figure of 15% above the current highest requirement, up to 50%, should be applied

Grey Belt Land

Grey Belt land is land which does not strongly contribute to Green Belt purposes a (sprawl), b (merging) or d (setting of historic towns) and is not located on land where the application of the policies relating to the areas or assets in footnote 7 (other than Green Belt) would provide a strong reason for refusing or restricting development.

  • The land must also be in an area of unmet need
  • The land must also be in a sustainable location
  • The land can be previously developed or not
  • Development of the site cannot “fundamentally undermine the purposes (taken together) of the remaining Green Belt, either across the area of the plan or the wider Green Belt as a whole”
  • For major housing schemes, the ‘Golden Rules’ must also be followed, whether it’s an allocated site or a planning application:
  • Higher Affordable Housing provision (as set out in the Green Belt section above)
  • Securing any necessary infrastructure improvements
  • Providing public green spaces which have a landscape, biodiversity and local green space function
  • Sites that meet all of these requirements should be prioritised above other Green Belt land for plan allocations
  • In addition, for decision making even on non-allocated sites, meeting all of these requirements means that the development is no longer ‘inappropriate development’ and can be permitted without the need to demonstrate Very Special Circumstances, providing it is otherwise policy compliant
  • Meeting the Golden Rules is given significant weight
  • The PPG states that viability assessments cannot be used to reduce developer contributions or Affordable Housing provision on such ’Golden Rules’ sites

Affordable Housing

  • 25% minimum for First Homes no longer applies, emphasis on Social Rented instead

Drainage and Flood Risk

  • More specific requirement for SUDS
  • An additional exception to the requirement for the Sequential Test, where no built development would be located within the areas of flood risk on the site

Modern economy infrastructure

  • Laboratories, gigafactories, data centres, digital infrastructure, freight, logistics, grid connections, storage, and distribution infrastructure are all now specifically referred to and supported by the NPPF

Highways

  • Highway impacts should be tested against ‘all reasonable future scenarios’

The updated NPPF brings significant changes that will impact both developers and local authorities. From the mandatory housing numbers to the introduction of Grey Belt land, these shifts present new opportunities and challenges. We’re here to help you navigate these updates. Contact us to discuss how the new NPPF affects your sites and proposals.

Get in touch with us to explore your site options and proposals, especially if you have Green Belt sites that could potentially qualify as Grey Belt.

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