There was a collective sigh of relief when the public consultation on National Planning Framework 4 (NPF4) closed at the end of March.
It signalled the beginning of the end of a long and drawn-out process. Or so we all thought.
There is a growing sense it could just be the end of the beginning. The prospect of further delay and substantial amendment (and with it further consultation) is very real, whereas the prospect of adoption this summer is looking increasingly unlikely.
It is not inconceivable that the Scottish Government could give way to the weight of industry criticism (not just housebuilding) and public comment, and completely rebalance some or all of the policies – although the ‘climate emergency’ will almost certainly remain as the driving force of the framework.
Speaking of giving way to public comment, it will be very interesting to see how the Scottish Government behaves in the wake of the significant policy departures announced in the Levelling Up and Regeneration Bill.
Eye-catching changes being proposed to the planning system in England include:
- Scrapping section 106 planning obligations and the Community Infrastructure Levy and replacing them with a single new Infrastructure Levy;
- Providing communities with greater control over development, including:
- giving more weight to local plans and neighbourhood plans so that there must be strong reasons to override them; and
- introducing a 'Street Votes' system that permits residents to propose development on their street and hold a vote on whether it should be given planning permission.
- Replacing Environmental Impact Assessment and Strategic Environmental Assessment with Environmental Outcomes Reports;
- Increasing certainty in decision making with a new duty on decision makers to make planning decisions in accordance with the development plan and national development management policies unless material considerations strongly indicate otherwise.
The Bill represents a significant departure from the government’s 2020 White Paper ‘Planning for the Future’, which promoted the concept of ‘growth, renewal and protected areas’, in which proposals in growth areas would automatically be granted outline planning permission with detailed planning decisions being delegated to planning officers.
More detail on the Government’s response to the Levelling Up, Housing and Communities Select Committee report on The Future of the Planning System in England and its proposals can be found here.
In addition to policy reform, the delivery of NPF4 and the wider reform of the planning system will be supported by a range of other delivery mechanisms.
Improving efficiencies in the planning system remains a hot topic. Increases to planning application fees came into effect on 1 April 2022. However, more still needs to be done to ensure that results in improved performance and engagement.
New legislation for ‘land value capture’ will be brought forward after NPF4 is adopted, which will include introduction of an infrastructure levy.
Regulations for masterplan consent areas will also be progressed later this year. The scheme will authorise the carrying out of development specified in the scheme and can include planning permission, roads construction consent, listed building consent and conservation area consents.
We should know shortly whether this is the beginning of the end or the end of the beginning for NPF4.
Either way, the hard work to improve the planning system must continue.
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