Planning Enforcement 2nd Edition

Clark unveils revised planning framework, gives councils 12 months to adjust plans PDF Print E-mail
Tuesday, 27 March 2012 00:00

The Government has today published the revised National Planning Policy Framework (NPPF), which comes into immediate effect for plan-making and decisions.

In a statement to MPs, Planning Minister Greg Clark announced that – under transitional arrangements agreed with the Local Government Association – councils would have 12 months from publication to adjust existing plans to ensure complete conformity with the framework. He added that he had also made it clear that weight could be given to emerging plans.

Clark said: “It has always been my intention that councils who have done the right thing and either adopted, or have made good progress towards adopting local plans, will not be disadvantaged by the change to new policy.”

The NPPF has been designed to reduce 1,300 pages of policy – contained in 44 different documents – to just 50 pages in a single booklet.

The framework still contains the controversial presumption in favour of sustainable development, which ministers insisted would be “powerful” and underpin all local plans and decisions.

Inclusion of the presumption in the draft NPPF published in July 2011 prompted attacks from a range of organisations, including the National Trust.

Clark said the final framework made it “crystal clear” that sustainable development embraced social and environmental as well as economic objectives and did so “in a balanced way”. It also refers explicitly to the five principles of the UK Sustainable Development Strategy, he said.

The Minister added that other key elements of the NPPF remained following the consultation, including the local plan being enshrined as the “keystone” of the planning system.

Clark insisted as well that the document guaranteed “robust protections for our natural and historic environment, including the Green Belt, National Parks, Areas of Outstanding Natural Beauty and Sites of Special Scientific Interest”. Relevant policies could not be overridden by the presumption, he argued.

The Minister also said the framework:

  • Made it explicit that the presumption of sustainable development worked through, and not against, local plans;
  • Recognised the “intrinsic value and beauty of the countryside (whether specifically designated or not)”;
  • Made explicit “what was always implicit” – that councils’ policies must encourage brownfield sites to be brought back into use;
  • Underlined the importance of town centres, “while recognising that businesses in rural communities should be free to expand”;
  • Took a localist approach to creating a buffer of housing supply over and above five years, and in the use of windfall sites;
  • Allowed councils to protect back gardens; and
  • Ensured that playing fields continued to benefit from the same protection they do now.

Clark said he had accepted either in whole or in part 30 out of 35 recommendations made by the Communities and Local Government select committee.

He added: "The new Framework has been strengthened by the responses to the consultation. We have confirmed the core reforms, sharpened the definition of the policies, and emphasised the essential balance that the planning system must achieve.

"These reforms will help build the homes the next generation needs, it will let businesses expand and create jobs, and it will conserve what we hold dear in our matchless countryside and the fabric of our history."

A copy of the NPPF can be found here. Technical guidance to the framework can also be seen here.

The neighbourhood planning regulations – which detail the requirements for designating neighbourhood areas and forums and preparing key elements of neighbourhood development plans, neighbourhood development orders and Community Right to Build orders – have been laid before Parliament. The Government’s intention is that they will come into force on 6 April 2012.

See also: The revised National Planning Policy Framework - the reaction

 

Add comment

The use of pseudonyms is permitted. Supplying an email address is optional and will not be published or used for any purpose other than notifying you of new comments on this article (if requested below).

All comments will be moderated before publication. We reserve the right not to publish comments that are offensive, defamatory or irrelevant to the topic.


Latest News

May 21, 2013

DCLG to implement majority of Taylor review on planning guidance

The Government has said it will accept the majority of the Taylor review’s recommendations on rationalising planning practice guidance. Read more
May 14, 2013

Supreme Court to hear village green case over status of recreation ground

The Supreme Court has agreed to hear a case over whether a recreation ground provided by a local authority in exercise of its statutory powers for local people to take part in lawful sports and pastimes can be… Read more
May 10, 2013

Major reforms to permitted development to come into force on 30 May: Pickles

Major reforms to the permitted development regime will come into force on 30 May, Communities Secretary Eric Pickles has announced. Read more
May 07, 2013

County sees off double JR challenge to permission for energy-from-waste plant

A county council has defeated two judicial review challenges to its decision to grant planning permission for an energy-from-waste plant. Read more
May 07, 2013

Local authority-promoted Planning Act 2008 scheme faces judicial review

Campaigners have launched a judicial review challenge to the first scheme to be promoted by a local authority under the infrastructure planning and consenting regime contained in the Planning Act 2008. Read more

 

Features

Construction iStock 000002149516XSmall 146x219
May 16, 2013

Heritage reform and the Enterprise and Regulatory Reform Act 2013

New legislation looks set to speed up the process of applying for listed building consent, writes David Merson. Read more
Money iStock 000008683901XSmall 146x219
May 02, 2013

Highway to CIL

Government proposals to reform further the Community Infrastructure Levy have a focus on highway works. Matt Gilks analyses the measures. Read more
April 24, 2013

Ministerial statements – material considerations or trivial pursuits?

A recent High Court judgment considered the sometime murky question of whether ministerial statements amount to material considerations in the determination of planning decisions. Suzan Yildiz and Adam Baker consider the relevant practice points… Read more
April 24, 2013

The s. 106 that wasn't a s. 106

David Brock analyses a recent High Court judgment that found a purported s. 106 agreement was invalid, and calls on the DCLG to address the problems the case raised. Read more
April 24, 2013

Planning policy versus the UN rights of the child

How does planning law fit with the rights of the family and of the child under international law? David Hart QC analyses a recent High Court ruling. Read more

 

Older news and features

May 02, 2013

Highway to CIL

April 04, 2013

Nullity points

March 27, 2013

Love you to death?

March 21, 2013

BUDGET 2013: THE REACTION

February 13, 2013

State of play

Click here for full section archive

Now Previewing on LGL.tv: Duties of Consultation and Disclosure Owed by Planning Authorities (Click on bottom right of screen for full size.)

Featured Jobs


CLICK HERE to search all current vacancies

Featured Courses & Events

LLM Planning and Environmental Law

LGTV logo final 280 pxl

 


 Shout_to_the_top_looking_left_iStock_000006002590XSmall_98x74 Latest Blog Posts


  • 24.05.13

    Philip Hoult 65pxlThe latest View from the President’s Chamber from the head of the family justice system, Sir James Munby, is simply a must-read for all those involved in or with responsibility for the running of childcare legal teams. It also has significant resourcing implications.

    Read more...
  • 23.05.13

    Nicholas Dobson v3 blogNicholas Dobson looks at the issue of Best Value and analyses the High Court's recent ruling on the Barnet outsourcing.

    Read more...
  • 20.05.13

    Angus Walker picture-13This entry reports on the revocation of the last three regional strategies, nearly three years after the government first attempted to get rid of them.

    Read more...

 


 

Ballot_iStock_000006080605XSmall_thumb

Snap Judgement

How is the post Localism Act standards regime working in practice?

An improvement on the previous regime - 10.4%
Needs more sanctions - 50.7%
Too early to tell - 19.4%
Bring back Standards for England! - 19.4%

Total votes: 67
The voting for this poll has ended on: 25 May 2013 - 13:30
39 Essex Street