Proposed reforms to the National Planning Policy Framework

Ringing Changes on Planning

Proposed reforms to the National Planning Policy Framework and other changes to the planning system

The government has announced plans to reform the National Planning Policy Framework (NPPF). On 30 July 2024, the Deputy Prime Minister set out to the House of Commons the Government’s plan to build the homes the country need, announcing the launch of a consultation on proposed changes to the National Planning Policy Framework (NPPF) and other aspects of the planning system including the introduction of strategic planning, changes to planning fees and new thresholds for some National Strategic Infrastructure Projects (NSIPs). This consultation is set to run until 11:45 PM on 24 September 2024.

In support of the proposed changes to the NPPF, Joanna Avery, the Chief Planner at the Ministry of Housing, Communities and Local Government stated: “The proposed changes to the NPPF underline the Government’s commitment to a plan-led system that supports sustainable and high-quality development, boosts housing supply, increases affordability, makes effective use of land and supports a modern economy.”

The proposed changes to the NPPF maintain the current policies concerned with supporting a prosperous rural economy that includes enabling the “the development and diversification of agricultural and other land-based rural businesses” and “the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well-designed, new buildings”.

Similar support is maintained for “sustainable rural tourism and leisure developments” which “respect the character of the countryside

Policies surrounding food production are scarce in the NPPF; there is currently a single entry at footnote 64 which adds some weight to food production and tries to avoid the use of agricultural land for non-agricultural purposes. The proposed changes to the NPPF removes any weight given to food production.

It should be remembered that the draft NPPF issued by the Government on 30 July 2024 was a consultation document; it does not replace the current NPPF published in December 2023.  Nevertheless, it gives a clear indication of the direction of travel for the new Government’s planning policy.

The Government has stated that it will respond to this consultation and publish NPPF revisions before the end of the year.

The proposed changes proposed will:

  • Make targets mandatory and reverse other changes made under the previous Government, which undermine housing supply;
  • Implement a new standard method formula to ensure local plans are ambitious enough to support the Government’s manifesto commitment of 1.5 million new homes in this Parliament;
  • Identify grey belt land within the Green Belt, to be brought forward for homes and other important development through both plan and decision-making;
  • Deliver affordable, well-designed homes, with new “golden rules” for land released in the Green Belt to ensure release delivers in the public interest
  • Make wider changes to ensure that local planning authorities are able to prioritise the types of affordable homes their communities need and that the planning system supports a more diverse housebuilding sector;
  • Support economic growth in key sectors, including laboratories, gigafactories, datacentres, digital economies and freight and logistics – given their importance to our economic future;
  • Deliver community needs to support society and the creation of healthy places; and
  • Support clean energy and the environment, including through support for onshore wind and renewables.

Alongside these policy changes the Government are consulting on:

  • Reforming the Nationally Significant Infrastructure Projects (NSIP) regime to better accommodate onshore wind, solar, data centres, gigafactories, and water projects as part of broader NSIP reform efforts.
  • Updating or removing local plan intervention policy criteria to ensure effective Government intervention for housing delivery.
  • Proposals to increase certain planning fees, including those for householder applications, to better resource local planning authorities and enhance development performance.

A full version of the consultation draft NPPF can be viewed here.

Listen to CT Planning’s  Chris Timothy expressing his views on the NPPF consultation on BBC’s Farming Today.

Breaches of planning control – what you need to know

Breaches of planning control – what you need to know

What do you need to know if you are warned of a potential breach of planning control? Chris Timothy of CT Planning advises.

Local planning authorities, also known as LPAs, can take enforcement action whenever they believe it is in the public interest and where they decide there has been a breach of planning control.

However, there are several ways to tackle alleged breaches of planning control and LPAs should act proportionately.

What is a breach of planning control?

A breach of planning control can include:

  • carrying out development without the required planning permission
  • failing to comply with any condition or limitation placed upon a planning permission that has been granted
  • any contravention of the limitations on – or conditions relating to – permitted development rights. This would include erecting farm buildings as permitted development, and converting barns into dwellings.

What are the time limits for taking enforcement action?

In most cases, developments become immune from enforcement if no action is taken:

  • within four years of substantial completion for a breach of planning control consisting of operational development
  • within four years for an unauthorised change of use to a single dwellinghouse
  • within 10 years for any other breach of planning control (essentially, other changes of use).

However, the time limits set out above do not prevent enforcement action being taken after the relevant dates in certain circumstances, such as where there has been deliberate concealment of a breach of planning.

In cases of deliberate concealment, an LPA can serve an enforcement notice ‘out of time’ or apply for a planning enforcement order. Find out more about time limits for taking enforcement action.

Retrospective planning application

An LPA can invite a retrospective planning application to be made, although this does not guarantee that permission will be granted.

A retrospective application will be determined in the normal way, and the LPA can decline to determine a retrospective planning application if an enforcement notice has previously been issued.

Obtaining information about alleged breaches of planning control

LPAs have a range of investigative powers regarding planning enforcement.

Local authority rights of entry

LPAs and justices of the peace can authorise named officers to enter land specifically for enforcement purposes, although this right is limited to what is essential for the effective enforcement of planning control.

These rights of entry are restricted, and on agricultural land restrictions include where it is essential to take special precautions in the interests of animal and plant health.

Planning contravention notice

A planning contravention notice allows the LPA to demand information about any use of the land or operations being carried out on it, and to ask the recipient to suggest how the suspected breach of planning control can be put right.

Failing to complete or return a notice within 21 days, or providing false or misleading information, is an offence.

Enforcement notice

The power to issue an enforcement notice is discretionary.

An enforcement notice should only be issued where the local planning authority is satisfied that there has been a breach of planning control and it is expedient to issue a notice, taking into account the provisions of the development plan and any other material considerations.

The local planning authority must enclose within the enforcement notice, information about how to make an appeal. The timescale for making an appeal is short, typically 28 days. If an appeal is not made within the time limit, the notice will take effect and must be complied with.

It is an offence not to comply with an enforcement notice, once the period for compliance has elapsed, and there is no outstanding appeal.

A person guilty of an offence is liable on conviction to an unlimited fine. In determining the amount of any fine, the Court is to have regard to any financial benefit which has been accrued or appears likely to accrue in consequence of the offence.

What is a temporary stop notice?

Temporary stop notices allow LPAs to act very quickly to address some breaches of planning control, such as unauthorised activities. Temporary stop notices may prohibit a range of activities, including those that take place on the land intermittently or seasonally.

A temporary stop notice requires an activity which is a breach of planning control to stop immediately.

A temporary stop notice does not have to wait for an enforcement notice to be issued and has immediate effect.

The notice will expire after 28 days. It is not possible to issue a further temporary stop notice unless the local planning authority has first taken some other enforcement action against the breach of planning control.

It is an offence to contravene a temporary stop notice.

Challenging a temporary stop notice

There is no right of appeal to the Secretary of State against the prohibitions in a temporary stop notice. The validity of a temporary stop notice, and the propriety of the local planning authority’s decision to issue a temporary stop notice, may be challenged by application to the High Court for judicial review.

Is compensation payable?

Compensation is payable but only in certain limited circumstances such as when the activity specified in the temporary stop notice was the subject of an existing planning permission and any conditions attached to the planning permission have been complied with or activity is permitted development.

What is a breach of condition notice?

A breach of condition notice requires its recipient to secure compliance with the terms of a planning condition or conditions of a planning permission. Any recipient of a breach of condition notice will be in breach of the notice if, after the compliance period, any condition specified in it has not been complied with, and the steps specified have not been taken or the activities specified have not ceased.

Summary prosecution can be brought in the Magistrates’ Court for the offence of contravening a Breach of Condition Notice.

Challenging a breach of condition notice

There is no right of appeal to the Secretary of State against a Breach of Condition Notice.

The validity of a breach of condition notice, and the propriety of the local planning authority’s decision to serve a breach of condition notice, may be challenged by application to the High Court for judicial review.

Alternatively, an application may be made to vary or remove the condition(s) in question.

CT Planning provides town and country planning services throughout England and Wales; it joined the NFU group of companies in December 2020, increasing the range of services which are available to NFU members.

If you are the subject of enforcement action by a local planning authority, we can assist you with preparing responses to the planning authority, ensure procedures are correctly followed, and submit any necessary applications or appeals. Get in touch by calling 01543 418779 or emailing [email protected]

Guide to the Use Classes Order

Guide to the Use Classes Order

Class E

Commercial, business and services

Uses

Class C

Dwellings

Uses

Icon showing 3 people carrying a large pencil

Class F.1

Learning and non- residential institutions

Uses

three people having meeting around a table and laptop

Class F.2

Local community centres

Uses

Class B

Industry and Storage

Uses

Sui Generis

“of its own kind”

Uses

If you are planning to make a change of use application we would love to hear from you. You can benefit from our expertise in navigating the planning process. Get in touch by calling 01543 418779 or emailing [email protected]

Photo of Chris Timothy

Chris Timothy

Article Author

Do I need planning permission for an outdoor swimming pool?

Do I need planning permission for an outdoor swimming pool?

An outdoor swimming pool is a form of development that is permitted by Class E, Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (As Amended), if it complies with all the conditions.

If your site is not located on  “Designated Land” (which includes national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites) the principal consideration is that the pool must not exceed 50% of the total area of land around the original house. Sheds and all other outbuildings and extensions to the original house must be included when calculating this 50% limit.

Planning permission for a changing room

Even if you are planning for an outdoor pool, you may wish to enclose all or part of it at some future stage or construct a “changing room”.  In which case, it would be worth bearing in mind the permitted development limitations on buildings in the curtilage of a dwellinghouse as this will have some bearing on the siting of the pool.

To be permitted development, any new building must not itself be separate, self-contained, living accommodation and must not have a microwave antenna.

Outbuildings must be single storey with a maximum eaves height of 2.5 metres and maximum overall height of 4 metres with a dual pitched roof, or 3 metres in any other case.

If the outbuilding is within 2 metres of the property boundary the whole building should not exceed 2.5 metres in height.

Balconies and verandas are not permitted development. Raised platforms such as decking are permitted development provided they are no higher than 300mm.

Proceeding with permitted development

You can proceed with permitted development without the need to make any formal application to the planning authority. 

If you want confirmation that planning permission is not required for the swimming pool and any enclosure, you can apply for a Lawful Development Certificate from your Local Planning Authority.  Such a Lawful Development Certificate provides evidence that planning permission is not required for the proposed development.  This can be helpful in the event that the property is sold at some future date. (As part of the due diligence process, purchasers’ solicitors will often ask for confirmation that planning permission was not required at the time of construction). 

If you want to obtain a lawful development certificate, or discuss your planning project further we would love to hear from you. Get in touch by calling 01543 418779 or emailing [email protected]

Do you have a listed farm building? Could it be put to an alternative use?

Do you have a listed farm building? Could it be put to an alternative use?

Many of the new permitted development rights that allow for residential and commercial use of agricultural buildings (subject to following the Prior Notification Procedure) specifically exclude Listed Buildings.  Does the fact that a building is listed mean there is no opportunity to introduce new commercial, residential or leisure uses?  We ask CT Planning’s Managing Director to advise on the implications of a building being listed and how alternative uses for a listed building may be secured.

What does it mean if my building is listed?

A building is listed when it is of special architectural or historic interest in a national context. Listed buildings have extra legal protection within the planning system.

How are listed buildings graded?

Buildings can be listed at Grade II, II* or I.

  • Grade I buildings are of exceptional interest – only around 2.5% of listed buildings are Grade I
  • Grade II* buildings are particularly important buildings of more than special interest – around 5.8% of listed buildings are Grade II*
  • Grade II buildings are of special interest – around 91.7% of all listed buildings are in this class.

How many listed buildings are there? 

There are over 370,000 entries for listed buildings on the National Heritage List for England.

Looking after listed buildings.

Listed buildings can be enjoyed and used, like any other building. Listing does not prevent any change or freeze a building in time, it simply means that listed building consent must be applied for to make any changes to that building which might affect its character as a building of special interest. Listing status covers the entire building, so works which require consent might include the replacement of windows and internal alterations, for example. 

The planning system recognises that putting listed buildings and other heritage assets to a viable use is likely to lead to the investment in their maintenance necessary for their long-term conservation.

A listed building may potentially have a variety of alternative uses such as residential, commercial and leisure.

When determining applications for listed building consent, the Planning Authority must have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. The Local Planning Authority is also able to consider other issues, such as the building’s function or condition.

A list entry contains a description of each listed building to aid identification. However, the amount of information in the description varies depending on when it was listed.  The listing covers the entire building and its curtilage; the listing is not limited to those items in the description.

It may also be necessary to apply for planning permission in addition to listed building consent to carry out works to a listed building.

Carrying out works to a listed building without listed building consent is a criminal offence.

Traditional Rural Buildings

Historic England’s guidance recognises that traditional farmsteads and rural buildings make an important contribution to the character of the countryside.

As a result of changes to farming practice, most traditional farm buildings are redundant for modern agricultural purposes.  Without appropriate uses to fund the long-term maintenance and repair of traditional farm buildings, they will disappear from the landscape. National and local planning policies are generally supportive of new commercial, residential or other uses that enhance the historic character and significance of traditional rural buildings.

The change of use of any traditional rural building requires planning permission, although permitted development rights do exist under certain conditions. If the adaptation involves external works, then planning permission may be required for that as well as change of use.

There is regional variation in the function, design and materials used for farm buildings.  However, there are a number of issues common to adapting most farm buildings to be addressed at the design stage. These include:

  • Respecting the architectural and historic interest of the building
  • Achieve high standards of design, repair and craftsmanship.
  • Minimising alterations and loss to significant historic fabric
  • Retaining distinctive features
  • How to introduce daylight
  • Considering levels of subdivision
  • How to incorporate services and insulation
  • The necessity for extensions or new buildings
  • The reuse or retention of minor outbuildings
  • The retention or enhancement of wildlife habitats e.g. bats and birds

A planning consultant can advise on all the above issues.  Planning consultants will have access to a wide range of reliable professionals to assist with issues such as heritage, ecology and architecture that arise when bringing forward proposals to re-use listed buildings.  A planning consultant manages an application through to determination, monitoring the progress of applications to ensure decisions are made in a timely manner.  Planning consultants liaise with planning officers, consultees and other relevant stakeholders involved in the planning process to ensure the efficient consideration of a planning application. 

If you are contemplating how you may re-use a listed building and consider that you may need the services of a Planning Consultant then consider approaching the NFU’s Planning Consultants CT Planning by calling 01543 418779 or emailing [email protected]

Tamworth Borough Council Call for Sites

Tamworth Borough Council Call for Sites

Tamworth Borough Council has commenced a Call for Sites exercise to identify possible locations for development in the emerging Tamworth Local Plan

The deadline for submissions is 11 August 2024.

Tamworth Borough Council is asking landowners to submit land for consideration as part of the Local Plan review.

The Council is particularly seeking sites through the Call for Sites exercise that are suitable for residential or employment land. If you have any land interests, you would like to promote within Tamworth then the NFU’s Planning Consultant’s CT Planning would be pleased to discuss the site with you and can provide you with a quotation to appraise your land and make appropriate representations to the Council on your behalf.

If you wish to discuss this opportunity further, please contact Christopher Timothy or Philippa Kreuser at CT Planning on 01543 418779 or send an email to [email protected]

Please note, that to meet the 11 August 2024 deadline, CT Planning would need to be instructed by 2 August 2024.

Is planning permission required for flood protection or alleviation works on a farm?

Is planning permission required for flood protection or alleviation works on a farm?

Flood protection and alleviation works are often undertaken on farms to improve the operation of the agricultural unit. However, do such works require planning permission?

We have asked CT Planning’s Managing Director Christopher Timothy to advise.

Engineering operations that include undertaking flood protection and alleviation works comprise development for which planning permission may be required.  However, full planning permission may not always be needed for flood protection and alleviation works; it may comprise permitted development.

On larger agricultural units (i.e. of 5 hectares or more) flood protection or alleviation works which are reasonably necessary for agricultural purposes, and where the waste material excavated to carry out the works remains on the farm, may be developed under existing agricultural permitted development rights.

To benefit from such permitted development rights, you must first make an application for Prior Notification to your Local Planning Authority.  The Local Planning Authority has 28 days in which to let the applicant know of its decision whether a full application is required or to inform the applicant of its decision to allow or refuse approval. No work should begin before an application is made (otherwise planning permission will be required, as Prior Approval applications cannot be submitted retrospectively).

National Planning Policy Guidance advises planning authorities that in considering either a prior approval application, or a full planning application for the development of flood protection or alleviation works, planning authorities should “have regard to the increasing need for such measures to provide resilience to the impacts of climate change and mitigate flood risk to support the sustainability of the agricultural activity.”

If development under Class Q (change of use of agricultural building to dwelling house) or Class S (change of use of agricultural building to state funded school or registered nursery) has been undertaken on the farm within the previous ten years; full planning permission will be required.

On smaller agricultural units (i.e. of less than 5 hectares) an application for planning permission is required for flood protection or alleviation works.

Where the flood protection or alleviation works are beyond the scope of permitted development, a full planning application will need to be submitted. The details for submission with the application will depend on the scale and siting of the development, but additional information could include some of the following: topographical survey, landscape assessment & landscaping scheme, flood risk assessment, ecology survey, Biodiversity Net Gain Assessment. 

Whilst flood protection and alleviation works may not require planning permission separate consents may be required from the Environment Agency.

If you need professional assistance with a planning application, please contact CT Planning on 01543 418779 or send an email to [email protected]

Biodiversity Net Gain (BNG) – what you need to know

Biodiversity Net Gain (BNG) – what you need to know

Biodiversity net gain is a way of creating and improving biodiversity by requiring development to have a positive impact (‘net gain’) on biodiversity.”

 (Source: National Planning Policy Guidance)

Biodiversity net gain applies to all planning applications made in England on or after 2 April 2024. This includes any agricultural development that requires planning permission.

Biodiversity Net Gain is an approach to development that ensures habitats for wildlife are left in a measurably better state after a development has taken place than they were before the development. The Objective is to achieve at least a 10% increase in biodiversity value relative to the pre-development state of the site.

Exemptions from Biodiversity Net Gain:

There are specific exemptions from Biodiversity Net Gain for certain types of development. Biodiversity net gain does not apply to:

  • retrospective planning permissions made under section 73A; and
  • Development subject to the de minimis exemption. Development that does not impact a priority habitat and impacts less than 25 square metres (e.g. 5m by 5m) of onsite habitat, or 5 metres of linear habitats such as hedgerows.
  • Householder development.
  • Self-build and custom build development.
  • Applications to amend existing planning permissions (made under Section 73 of the Town and Country Planning Act) where the original permission was either granted before 12 February 2024 or the application for the original permission was made before 12 February 2024
  • Development granted planning permission by a development order – this includes permitted development rights.
  • Urgent Crown development granted permission under section 293A of the Town and Country Planning Act 1990.
  • Development of a biodiversity gain site.
  • Development related to the high-speed railway transport network.

Planning Applications

Applicants are encouraged to consider biodiversity net gain early in the development process and factor it into site selection and design. When a planning application is submitted for development which the applicant believes is subject to the biodiversity gain condition, there are minimum national information requirements related to biodiversity net gain which the applicant must provide.

There is now a mandatory question on all planning application forms relating to Biodiversity Net Gain; applications made via the Planning Portal will prompt you to answer: “Does BNG apply?”  In doing so, Applicants will be required to provide the following information:

  1. Pre-development biodiversity value of the site (completed metric)
  2. Confirmation of date applied (any habitat degradation since 30 Jan 2020)
  3. Any irreplaceable habitats within the site?
  4. A plan showing on-site habitat pre-development

The assistance of an ecologist will assist in the preparation of a planning application.

Biodiversity Gain Plan

Once planning permission has been granted, unless exempt, a Biodiversity Gain Plan must be submitted and approved prior to the commencement of that development. This Plan is the mechanism to ensure that the biodiversity gain objective is met and in particular:

  • the post-development biodiversity value of the development’s onsite habitat is accurate based on the approved plans and drawings for the development;
  • any offsite biodiversity gains have been registered and allocated to the development; and
  • biodiversity credits, if they are necessary for the development, have been purchased.

Enforcement of BNG

Following the approval of the Biodiversity Gain Plan and commencement of development, local planning authorities will monitor the implementation of the biodiversity net gain Plan and, where appropriate, take enforcement action if commitments relating to the Plan are not met.

Failure to comply with the biodiversity gain condition by commencing development without approval of the Biodiversity Gain Plan will be a breach of planning control. Local planning authorities have a range of planning enforcement powers and have responsibility for taking whatever enforcement action may be necessary, in the public interest, in their area.

The maintenance of a significant onsite habitat enhancement must be secured by either a planning condition, planning obligation or conservation covenant for at least.

If you need professional assistance with a planning application, please contact CT Planning on 01543 418779 or send an email to [email protected]

Enforcement time limits – what you need to know

Levelling and regeneration bill

assessing a rural field and looking at a plan of the land

How long after development can enforcement action be taken if it breaches planning rules? CT Planning’s Chris Timothy looks at the current legislation – and what will change.

From 25 April 2024, section 171B of the Town and Country Planning Act 1990 is amended by the Levelling Up and Regeneration Act 2023.

This includes changes to the time limits for taking enforcement action for breaches of planning control.

As it stands, section 171B of the Town and Country Planning Act 1990 means that, in most cases, development becomes immune from enforcement if no action is taken within the following time limits:

  • Operational development (building, engineering, mining or other operations) – four years, from the date on which the operations were substantially complete.
  • Unauthorised change of use of any building to use as a single dwelling – four years, beginning with the date of the breach.
  • Any other breach of planning control, including other changes of use and breaches of condition – ten years, beginning with the date of the breach.

However, those time limits do not prevent enforcement action later on in certain circumstances. Where there has been a deliberate concealment of a breach of planning controls, LPAs (local planning authorities) may apply for an order that allows them to act after the usual time limits have expired.

The courts have found that the clock does not start ticking in such cases until the breach has been discovered.

Enforcement may also occur after the usual time limits under the ‘second bite’ provision; where earlier enforcement action has been taken, within the relevant time-limit, but has later proved to be defective.

The big change – a ten-year limit

From 25 April the enforcement time limits in England (but not in Wales- the enforcement period will remain 4 years) will be ten years, for all breaches of planning control.

Does it affect you?

If you have a property where there is unlawful operational development that has not already become immune from enforcement action, you may want to consider making an application for a Certificate of Lawful Existing Use as soon as the current four- year immunity period has expired.

Other changes

The Bill also introduces ‘Enforcement Warning Notices’, a new type of notice that an LPA could use where it thinks there has been a breach of planning control, but where there is a reasonable prospect of it granting planning permission.

These would set out that further enforcement may be taken, if a planning application is not made within a set time period.

Such notices would formalise the current mechanism where LPAs encourage the submission of planning applications to regularise minor or technical breaches of planning control.

However, unlike the current situation, where landowners may often take no action in response to minor or technical breaches of planning control, knowing enforcement action is highly unlikely, Enforcement Warning Notices are expected to have teeth to them and to require a subsequent application.

Listed buildings 

The Levelling Up and Regeneration Bill also includes proposals to enable Temporary Stop Notices to be served where the LPA considers that works are being done to a listed building which require listed building consent and need to be stopped immediately.

Find out more about the services offered by CT Planning by calling 01543 418 779 or emailing [email protected] 

Planning consultants can advise on the preparation and submission of:

Lichfield District Council Call for Sites

Lichfield District Council Call for Sites

Lichfield District Council has commenced a Call for Sites exercise to identify possible locations for development in the emerging Lichfield Local Plan.

The deadline for submissions is 25 March 2024.

Lichfield District Council is asking landowners to submit land for consideration as part of the Local Plan review.

The Council is particularly seeking sites through the Call for Sites exercise that are suitable for residential or employment land. If you have any land interests, you would like to promote within Lichfield District then the NFU’s Planning Consultant’s CT Planning would be pleased to discuss the site with you and can provide you with a quotation to appraise your land and make appropriate representations to the Council on your behalf.

If you wish to discuss this opportunity further, please contact Christopher Timothy or Philippa Kreuser at CT Planning on 01543 418779 or send an email to [email protected]

Please note, that to meet the 25 March 2024 deadline, CT Planning would need to be instructed by 22nd February 2024.