Chris Timothy featured on BBC’s Farming Today

Ringing Changes on Planning

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

For more thoughts on the subject read his recent article – Proposed reforms to the National Planning Policy Framework

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Chris Timothy

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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.

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]

Why use a planning consultant?

About Us

Why use a planning consultant?

The constant introduction of new legislation and government policies means that our planning system is always changing, which can make it hard to understand and keep abreast of the latest developments.

Planning consultants have an expert knowledge of planning policy and the relevant case law, and can play a vital role in securing approval for a planning application – saving you time, money and heartache, and removing any confusion you might have. As a member of the Royal Town Planning Institute, they undertake continuous professional development to ensure that they are up to date.

A planning consultant can undertake appraisals and feasibility studies at the beginning of a project, identifying the key issues and constraints you might face, and they can help you refine your proposals to ensure you are pursuing the most suitable options for your development. 

They can help ensure everything runs smoothly and may be able to identify alternative strategies to realise an objective or identify additional opportunities or sources of revenue that might not be immediately apparent to you.

Planning consultants can reduce the issues associated with liaising with the local planning authority and third-party consultants, having experienced the different ways that various planning authorities work.

They can build up good relationships with planning officers, consultees and other relevant stakeholders involved in the planning process to ensure the efficient consideration of a planning application, having a wide range of contacts who can assist with the varied technical areas of making an application. They have access to a wide range of reliable professionals to assist with such issues as heritage, ecology and arboriculture.

A planning consultant manages an application through to determination, monitoring the progress of applications to ensure decisions are made in a timely manner. They are aware of the information needed to validate an application, and what is not relevant – they can refute requests for unnecessary additional information.

Your planning consultant can then present your application to the planning committee, identifying the merits of the proposals, using their professional knowledge and experience to allay any concerns raised by third parties and councillors.

Employing a planning consultant will not guarantee you automatic approval for your application, but it will significantly enhance your chances of success.

Planning consultants can advise on the preparation and submission of: