NPPF should provide further clarity regarding national environmental targets and objectives relevant to local authorities, says watchdog

Responding to the Government’s consultation on proposed changes to the NPPF, the OEP welcomed proposed changes designed to achieve “coherence” with wider policies relating to the environment and nature’s recovery, but made a number of recommendations for further improvements.  

Looking at Local Nature Recovery Strategies, the watchdog welcomed proposals that would provide more clarity as to how development plans and proposals should consider Local Nature Recovery Strategies (LNRS).

However, its response stated that further clarity should be provided, and suggested additional policies where Local Nature Recovery Strategies should be referenced to embed “better coherence throughout the planning process”.  

Looking at environmental targets and objectives, the watchdog welcomed the proposed policy change that would require planning authorities to consider opportunities to contribute to compliance with national environmental targets and objectives when drawing up their development plans.

However, it warned that the NPPF should provide further clarity regarding the national environmental targets and objectives that are relevant to local authorities, and the role government intends for them to play in their delivery.

Meanwhile, the OEP observed there is an opportunity for the Framework to clarify how government’s national Land Use Framework (‘LUF’) should inform local-level spatial planning, to enable the more strategic and effective use of land.  

It said: “However, the consultation proposals contain no mention of how the LUF should feed into the development planning process. Our response says that once the LUF has been published, further additions should be incorporated into the NPPF, to ensure that the analysis and principles set out within it inform decision-making about land use at a local scale in a consistent, coordinated and meaningful way.”

Turning to Environmental Delivery Plans (EDPs), the watchdog noted that the Government has introduced the EDP framework as a “new approach” to offsetting impacts on protected sites and protected species, through long-term and strategic scale actions.

Making recommendations in this area, the OEP called for the NPPF to be revised to require “more meaningful join-up” between local development plans and EDPs, with respect to efforts to safeguard and enhance protected sites and protected species.  

It added that the NPPF should ensure that land required by EDPs to offset the impacts of development is given ”appropriate protection” as part of the planning system.

Looking at the Levelling Up and Regeneration Act 2023 (LURA) Protected Landscapes duty - which requires local planning authorities to “seek to further” Protected Landscape purposes, not merely to “have regard” to them, the watchdog shared concern that the draft revised NPPF “does not properly reflect” this.

It said: “The government’s associated guidance states that authorities should, as far as is reasonably practical, seek to 'avoid harm and contribute to' Protected Landscape purposes. However, the proposed draft policy would only require that development proposals are designed to 'avoid harm'.  

“We think the NPPF should be updated to align with the amended duty and better reflect government’s associated guidance.”

Finally, the OEP shared concern that that no Environmental Principles Policy Statement (EPPS) assessment has been published with respect to the proposed reforms, nor does the consultation invite the views of stakeholders in relation to potential implications for environmental principles.

It said: “This is a missed opportunity to provide transparency around the application of EPPS, which can be a powerful tool to help all of government meet its ambitions to protect and improve the environment by ensuring coherence across different policies.”

The full consultation response can be downloaded here.

Lottie Winson