The planning system in England has long operated under a plan-led approach, in which the policies and strategies set by development plans for an area form the starting point for considering the suitability of a site for development under a planning application. The NPPF does not seek to alter this plan-led approach, though what constitutes “the plan” and what those plans should seek to achieve is set to change, and change significantly.
Firstly, the Government’s long publicised intention to remove the Regional tier of planning (and indeed Government) will formally come into force with the assent of the Localism Bill into law. This is currently anticipated in early 2012 however there remains the possibility of delay dependent on the proposed amendments under the parliamentary process. Once the Bill is enacted, Regional Strategies will not longer form part of the development plan, with the statutory plan existing only at a local level in the form of Local Plans and Neighbourhood Development Plans. However, currently the Bill does not propose to amend the relevant section (38) of the 1990 Act and in terms of the section relating to Local Development Frameworks. In addition, Neighbourhood Development Plans will (under a new Section 38A) become part of the statutory plan alongside the Local Plan prepared by the Local Planning Authority. In that sense Councils will continue to prepare their LDF which will form the development plan in the immediate future.
Whilst the nature of the development plan will move away from a strategic regional level to a more localised form, applications will continue to be considered with the plan in mind unless other matters indicate otherwise. However, the NPPF makes a specific indication that Local Plans (in all their constituent parts) should be “positively prepared” and based on “objectively assessed development needs”. The document also indicates that Local Plans should be “aspirational but realistic” and much of the previous requirements for Strategic Housing Land Availability Assessments remain, whilst in the absence of an up to date plan, the NPPF (including the presumption in favour of sustainable development) would hold sway on decisions on planning applications.
Case Study
Spawforths’ role within the development of numerous Local Development Frameworks in the North of England is significant, an example of which is Wakefield, one the first Metropolitan Districts in England to adopt its Core Strategy. Spawforths have worked closely with Wakefield in particular in embedding the principle of the Wakefield East Urban Extension within the Core Strategy and consequently through the emerging Site Allocations Development Plan Document which is scheduled for Examination in November 2011. The scheme involves a significant urban extension to the eastern edge of the main urban area of Wakefield across a 107 hectare site and is estimated to provide significant housing provision (around 2,500) alongside a relief road, waterside park, education facilities, retail and other infrastructure provision.
The focus on the development plan process, which is set to remain within the emerging NPPF, means that the scale of such development could only have been given realistic prospects for delivery through an active and cooperative relationship with the Council throughout the Development Plan process. Spawforths can therefore advise on how to develop and ensure strategic development opportunities achieve the “plan-led” presumption in favour of development through our extensive experience of scheme such as this.
For further details on the Wakefield East project please follow the link below to our projects page.