Green, grey and brownfield sites
As expected from the NPPF consultation document, it draws a distinction between green belt, grey belt and brownfield designations. Where housing needs cannot be met, local authorities must closely examine their green belt designations, with the exception where such alterations would fundamentally undermine the purpose of the green belt. The intent is to move areas of green belt that are of low quality into grey belt, which is defined in national policy for the first time.
Grey belt is identified as land within the green belt considered as possible locations for housing, employment and industrial development. It must be land that does not:
- check the unrestricted sprawl of large built-up areas: or
- prevent neighbouring towns merging into one another: or
- preserve the setting and special character of historic towns.
However, a developer who is looking to make the most of grey belt land should be aware of the 'golden rules' – strict requirements requiring provision of necessary infrastructure for local communities, such as nurseries, GP surgeries and transport as well as delivering 50% affordable housing.
Brownfield sites are identified as previously developed land, for the preferred delivery of increased housing, employment and industrial developments.
Local plan prioritisation
Local authorities are required, within 12 weeks, to have a timetable to ensure local plans are compliant with the new NPPF, which includes the new 6 year housing supply, rather than the previous 5 years. To assist, a fund has been set up, but councils must be quick to respond - expressions of interest will close on 17 January 2025.
The sustainability strategy supporting the local plan must demonstrate goals for the economy, society and environment, and if these goals risk being negatively impacted by a proposed development, mitigations must be put in place.
Housing supply
The NPPF continues to send the message of build and build. ‘Mandatory’ Housing targets are back and no longer ‘Advisory’ with an aim to meet as much local demand as possible.
Also reinstated is the:
- 5-year housing land supply test,
- 5% normal buffer and
- 20% buffer for persistent delivery.
The Standard Method for calculating housing need has been revised. It now uses a stock-based approach as a starting point, with uplifts for affordability.
Surprisingly, not included is the removal of ‘Benchmark Land Value’. More guidance is required with new detailed guidance on viability and other matters to be published in the New Year together with the introduction of National Development Management Policies.
Presumption in favour of sustainable development- paragraph 11
Creating sustainable development remains paramount in the NPPF. The presumption in favour of sustainable development on brownfield land is strengthened via amendments to paragraph 125(c).
Intervention Powers
Central government has stated, “Ministers will not hesitate to use their existing suite of intervention powers to ensure plans are put in place”. What this means, however, is lacking in detail – although a clear message is being sent to local councils from central government as they strive towards their ambitious housing delivery target.
Climate Change & Net Zero
The NPPF introduces a new paragraph 163 which stipulates that climate change should also be taken into account in the preparation and consideration of planning applications, as part of the journey in transitioning to net zero by 2050.
This emphasis on net zero and the energy transmission is reinforced through amendments to paragraph 168 in two key respects:
- when determining applications for renewable and low carbon energy developments, local authorities should “give significant weight to the benefits associated with renewable and low carbon energy generation and the proposal’s contribution to net zero future”: and
- where applications are for the re-powering and life-extension of existing renewable sites, then again local authorities should “give significant weight to the benefits of utilising an established site”.
Alongside publication of the new NPPF, the government has confirmed that it will reintegrate onshore wind into the NSIP regime and raise the NSIP threshold above 50MW for solar development proposals. This follows the removal of the ‘de facto’ ban on new onshore wind which was written into the NPPF until September this year. Once the relevant amendments have been made to the Planning Act 2008, solar and onshore wind projects below 100MW will be determined by local planning authorities.
Data centres
In relation to data centres, planning policies are required to identify suitable locations for data centres, giga factories, laboratories and digital infrastructure – all of which are recognised as being important to meeting current day needs and contributing to a modern economy. This reasoning is to support growth, with data centres and grid connections being specifically highlighted.
If you are interested to explore the further implications of the new NPPF on your development or energy project, please contact the DWF Planning Team: Andrew Batterton, Catherine Knight, John Webster & Alistair Paul
