1. 1 PAS NPPF: Development Management Workshop Simon Kelly, SNR Denton UK LLP

2. 2 Development Control in the NPPF World  Where are we now  What is in it for Developers  What is in it for Objectors  What has changed  How the NPPF affects current and future applications  Conclusion

3. 3 NPPF Implementation (1)  Published on 27 March 2012: “The policies in this Framework apply from the day of publication” (para 208)  PPGs/PPSs etc listed at Annex 3 revoked  6000 pages of other guidance still in force, but under review  Technical Guidance 1 (Flood Risk, Minerals Policy) already published

4. 4 NPPF Implementation (2): Annex 1  Is a 2004 Act compliant local plan in place? “For 12 months from the day of publication, decision-takers may continue to give full weight to relevant policies adopted since 2004 even if there is a limited degree of conflict with this Framework” (para 214)  In all other cases and following this 12-month period:- “due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given)” (Para 215)

5. 5 What is in it for Developers?  Pro-growth: “significant weight should be placed on the need to support economic growth” (para 19)  Pro-housing: –Policies not up to date if cannot demonstrate 5-year supply of deliverable sites (para 47) –LPAs to approve changes from B uses to residential uses (para 51) –Approve alternative uses where no reasonable prospect of allocated employment use (para 22)  Positive decision-making, solutions-oriented

6. 6 … and Presumption in favour of Sustainable Development “For decision-taking this means:  approving development proposals that accord with the development plan without delay; and  where the development plan is absent, silent or relevant policies are out ‑ of ‑ date, granting permission unless: –any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or –specific policies in this Framework indicate development should be restricted.  [unless material considerations indicate otherwise]” (NPPF: Para 14)

7. 7 What is in it for Objectors?  Pro-Localism  Town Centre First policy  Brown Field allocation preference  Design emphasis  Countryside protections  Heritage protection

8. 8 So legally, what’s changed?  “This National Planning Policy Framework does not change the statutory status of the development plan as the starting point for decision making” (NPPF, para 12)  “Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise (NPPF, para 2)

9. 9 NPPF as a material consideration  “Guidelines not tramways” (Wakefield MDC, ex p. Pearl Assurance plc [1997])  LPA should observe NPPF “and depart from [it] only if there are clear reasons, which should be stated” (Carpets of Worth Ltd v Wyre Forest DC (1991))  Must be properly understood  (Subject to Wednesbury irrationality) it is up to the LPA to give NPPF policy whatever weight it thinks fit (Tesco Stores Ltd v SoSoE (1995))

10. 10 Other material considerations?  Prematurity? –Wainhomes (South West) Holdings Ltd v SSCLG and Cornwall Council (2012)  Emerging Plans (NPPF: para 216)  Other Material Considerations?

11. 11 What’s changed from DM perspective? LPAs should:  approach decision-taking in a positive way  look for solutions rather than problems  in considering varying 106 agreements: –take account of changes in market conditions over time –be flexible to prevent development stalling Localism:  take local circumstances into account  encourage applicant to engage with the local community before submitting their applications  refuse permission where application conflicts with a neighbourhood plan (NPPF, paras 186-206)

12. 12 How does this affect your current workload?  Submitted applications –Addendum reports to show conformity with NPPF –No need for further consultation (case by case)  Applications with resolution to grant –Unless material change no need to return to committee –Update reasons confirmed via delegated report  Refused Applications on Appeal –Review if based on pre-2004 policies or tension between Local Plan and NPPF principles

13. 13 How will it affect future work?  Strong motivation for LPAs to put PCPA2004 compliant local plans in place  Local plans may need to be revised to conform with NPPF (para 213)  Strong motivation for neighbourhood forums to put neighbourhood plans in place  NB: Neighbourhood Plans will also be Development Plan Document (s. 38 PCPA2004 as amended by section 116 Localism Act 2011)

14. 14 Conclusions  NPPF – all things to all men/women  Development Plan still supreme  NPPF is a material consideration, a strong steer but not a straight-jacket  LPAs must: –have regard to NPPF; –provide clear, cogent reasons for disregarding any NPPF policy; –properly understand the policy to avoid challenge; –take positive approach.  Review current applications against the NPPF  NPPF to be more decisive as influences local plans

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