Our Thoughts on Possible 2024 Planning Reforms
The run-up to the 2024 general election is shaping up to feature planning and housing growth as key issues. All major parties are outlining their proposals to expedite the planning process and generate more homes and jobs. The current government's stance is articulated in the recently released National Planning Policy Framework (NPPF), issued just before Christmas, along with several ministerial statements issued towards the end of last year.
As we welcome in the New Year, we'd like to share our insights on the significant planning reforms anticipated for this year.
Biodiversity Net Gain (BNG)
New mandatory Biodiversity Net Gain (BNG) requirements are due to come into force from January 2024 (the precise date is still to be announced). This means that most (non-householder) planning permissions for the development in England will be granted with an automatic BNG planning condition.
Such planning conditions will require a BNG plan to be submitted and approved by the local planning authority before the development is started. The BNG plan must ensure that the development achieves at least a 10% net gain in biodiversity. On-site improvement is given the greatest weight and whilst off-site contributions are possible, these may be expensive.
National Development Management Policies (NDMPs)
The Levelling Up and Regeneration Act 2023 introduced the Government’s aspiration to establish a new type of national planning policy, surpassing the significance of the existing NPPF. The Act states that planning applications must be decided in accordance with the local plan and any NDMPs, unless material considerations "strongly" indicate otherwise. This is expected to place NDMPs on equal footing with local plans.
The Government is expecting to consult on the NDMPs in the early part of 2024. At that stage, we’ll have a clearer understanding as to whether they are pro-development (thereby helping in situations where there is a conflict with the local plan), or if their focus is towards even more sustainable forms of development, which could impose additional challenges on the development industry, potentially conflicting with the goal of speeding up planning decisions.
Further Attempts to Speed Up Planning Decision Making
A number of measures to speed up planning decisions are expected to be introduced in 2024 including:
The planning guarantee, which allows Councils to get the full costs of certain planning applications (paid for by applicants) in return for deciding such applications within guaranteed faster deadlines. If they fail to meet the deadlines, the application fees will be refunded and the application will be processed free of charge;
Removing the ability to agree extensions of time to planning application determination deadlines, thereby encouraging Councils to determine planning applications more quickly and under greater threat of non-determination appeals;
Reviewing the role of statutory consultees to see if they are helping or hindering the planning process and how this could be done differently;
Greater Secretary of State intervention, including placing more ‘underperforming’ local planning authorities into special measures for either not producing a local plan or not meeting planning deadlines.
Great Uncertainty with the Development Plan System
Currently, nearly two-thirds of Councils have an out of date Local Plan (i.e. over five years old). This percentage is predicted to rise to 75% by the end of 2025. Although the latest National Planning Policy Framework (NPPF) incorporates measures to assist Councils in expediting the preparation of Local Plans and helping adopted plans to remain up to date - such as introducing new methodologies for assessing housing need targets - there remains significant uncertainty. Therefore, an issue for 2024 is whether the speed of plan making will accelerate during the year, or whether the proliferation of outdated plans will cause further uncertainty for the development industry.
Naming and Shaming
The Government is expecting to publish a new local authority performance dashboard in 2024 to determine good and bad performance. The dashboard – which will effectively set league tables – will show the speed of response, the level of approvals and delivery against targets of local planning authorities.