National Planning Policy Framework continues to cause controversy

In July 2011 the Department for Communities and Local Government published its draft National Planning Policy Framework (“NPPF”) which set out a radical revision of our existing planning framework.  The NPPF was produced because, according to the Minister for Planning, Greg Clark, “planning has tended to exclude…people and communities”.  Clark claimed that the NPPF “changes that by replacing over a thousand pages of national policy with around fifty, written simply and clearly,…allowing people and communities back into planning.”

The key change made by the NPPF is a “presumption in favour of sustainable development”.  With reference to a recent Conservative Party Green Paper, it appears that this presumption means that “all planning applications will be accepted automatically if they conform with national planning guidance”.

However, the NPPF has attracted fierce criticism from influential organisations such as the National Trust and the Campaign to Protect Rural England (“CPRE”) who allege that the NPPF sacrifices long-term environmental and social goals in favour of short-term financial gain.  The CPRE have been particularly forthright in their response, claiming that the NPPF is “unworkable and damaging as a statement of national planning policy”.

In its defence, Clark stated that the NPPF hands power back to local communities to decide what is right for them and is user-friendly and accessible.  It is intended that this will have the effect of reducing planning costs and speeding up the progress of developments.

Nonetheless, while the controversy surround the NPPF continues, it is expected that it will be finalised by April 2012 and thereafter key consent and advisory agencies such as the Environment Agency, Highways Agency, English Heritage and the Health and Safety Executive will be required to promote sustainable development and also ensure that consents are approved quickly.

Please contact our Property Department on 0113 207 0000 if you require advice in relation to residential or commercial planning matters.

Peter Bott
Trainee Solicitor
PBott@LawBlacks.com

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