The Ministry of Housing, Communities and Local Government published a revised version of the National Planning Policy Framework (the NPPF or the Framework) on the 19th February 2019. However there are not a lot of changes in the 2019 version of the National Planning Policy Framework (the Framework), but they do provide clarification, in summary:
The footnote relating to para 73 relating to maintaining supply and delivery of housing has been updated to include reference to the where local housing need is used as a basis for calculating 5 year supply of housing it should be calculated using the standard method as set out in national policy. This was expected and is to separate the 5 year supply from strategic policies which can use an alternative method of calculating a housing supply in exceptional circumstances. Hopefully this change takes a bit of ambiguity out of 5 year housing supply figures. Some alterations to the glossary in relation to the term deliverability and local housing need.
Para 177 in 2018 version said…. 177. The presumption in favour of sustainable development does not apply where development requiring appropriate assessment because of its potential impact on a habitats site is being planned or determined.
Para 177 in 2019 version says…. 177. The presumption in favour of sustainable development does not apply where the plan or project is likely to have a significant effect on a habitats site (either alone or in combination with other plans or projects), unless an appropriate assessment has concluded that the plan or project will not adversely affect the integrity of the habitats site.
So, the presumption now applies even with habitats development, provided that impacts can be mitigated successfully. The Sweetman judgement clarified that as screening stage for a Habitat Regulations Assessment that mitigation measure could not be taken into account, this change in the NPPF clarifies that in effect now you can.
There’s a lot of advice out there regarding Town Planning, thousands of pages dedicated to what can be perceived as red tape but with a lot of jargon and confusing details in general they don’t tend to cover what you need to know in simple basic terms.
Planning House strive to provide valuable information in order for people to be better informed about the planning process without being bogged down by unnecessary waffle.
Town Planning is not rocket science, to help you know the basics of town planning, Planning House have prepared 8 eBooklets covering just that, the basics. If you want to look further into a particular topic more information can be found online very easily. These resources have been prepared as an easy read starting point, free of charge, no email collection before you can download and no sign up to a newsletter – no strings attached! All you need to do is click the eBooklet and read it, the current series is:
1 WHAT IS TOWN PLANNING?
Covering the need for town planning, the system, what town planners do and the Royal Town Planning Institute (RTPI), this eBooklet is a very light touch overview of planning.
2 APPLICATION PROCESS
Designed to give you the basics of pre-application engagement, planning fees, types of application, how to apply for planning permission, who makes the decision, the process, validation requirements, and material planning considerations. This eBooklet provides you with enough knowledge to assist you through the planning process if your proposal is not complex.
3 PERMITTED DEVELOPMENT & USE CLASS
If you’re looking to extend or improve your home or change the use of a building it pays to understand the scope of permitted development rights. Covering potential permitted development rights you may have, including those for converting buildings i.e. barns into homes without the need for planning permission. However, as with all things about town planning it can be a complex topic, these rights can be removed, or there may be another process (prior approval) which you may need to go through in order to benefit from these rights.
4 SELF BUILDERS
This eBooklet is aimed at those who are proposing to embark on a self-build journey, covering the application process but also planning myths, the hidden costs of planning and steps to choosing a town planner, it’s a useful starting point.
There’s a right of appeal not just against the refusal of a planning application but also against non-determination of an application or against conditions attached to an approval. Covering who makes the decision, what to submit, appeal types and process, award of costs and disagreement with a decision this eBooklet helps you be more aware of the time and resources needed for an appeal.
Covering what is a breach of planning control, enforcement time limits, non-compliance, the range of methods used to tackle a breach and types of enforcement notice this eBooklet stresses the importance of early intervention.
7 CIL & s106
There are some hidden costs of planning which you may not be aware of, if you’re liable to pay CIL (Community Infrastructure Levy) or propose a development which may trigger the need for additional works or financial contribution (via s106 Agreement) it’s better to be informed about what the implications of both are.
8 DEVELOPMENT PLANS
Planning law requires that applications for planning permission be determined in accordance with the development plan, knowing what plans are in place and how they are developed will assist in progressing any planning proposal.
More topics are proposed to be added to the series in order to assist you in any potential development project, however if you need support or advice Planning House are here to help.
Planning Permission secured for the change of use of existing ground floor retail unit (A1) to 2 no. units comprising hot food takeaway unit (A5) and retail unit (A1).
The proposal will utilise an existing vacant unit within West Cornforth, in the main local centre within the village. The proposal will bring back into productive use a vacant unit, retaining an A1 element, and introduce a new A5 unit. It was considered that the scheme would not have an adverse impact on the vitality and viability of the local centre, and the benefits of an occupied unit far outweigh the continuation of a vacant unit.
Edward Vaudin led on this application reference: DM/18/02473/FPA