Since taking office in July 2024, the Government has signalled its intention to reform the planning system as a central part of its growth agenda.
In this connection, an updated version of the National Planning Policy Framework (NPPF) was adopted in December 2024.
Particular points to note in the update are re-introduction of mandatory housing targets with the aim of delivering 1.5 million new homes over the next five years and revisions to green belt protection in order to make more building land available.
Housing and Infrastructure
In implementing the 1.5 million new homes delivery target, the calculation methodology will be based on updated stock data which will provide a firmer starting point from that previously applied.
Speeding up of local plan making is addressed in that LPAs will need to ensure that their local plans are up to date and complying with the updated NPPF within twelve weeks from the date of adoption on 12 December 2024. Otherwise, the Government will have powers available to intervene in the process.
It is also emphasised that strategic planning should ensure a consistent approach is taken to provision of connected development infrastructure.
In this respect, the existing duty of Local Planning Authorities (LPAs) to cooperate with one another on cross-boundary issues is highlighted.
Green Belt
LPAs will be required to review their Green Belt boundaries where they cannot provide evidence of sufficient other land on which new dwellings can be built to meet demand. The LPA decision sequencing is set out in the NPPF at paragraph 148 as follows:
“Where it is necessary to release Green Belt land for development, plans should give priority to previously developed land, then consider grey belt which is not previously developed, and then other Green Belt locations.”
Supplementing the wording of paragraph 148, the NPPF contains a new “Grey Belt” definition which in summary refers to land that has been previously developed and/or any other land which makes a limited contribution to the purposes of the Green Belt.
Linked with the general housing increase objectives and in particular affordable housing provision there shall apply to any such land released what are described as the “Golden Rules” which in summary require a higher level of affordable housing provision than that required for land not referred to in paragraph 148.
Additionally, building on any such land will be subject to the normally applicable planning acceptability tests including providing access by residents to nearby green spaces and the having in place prior to residential occupation of collateral infrastructure including roadways, schools, health facilities etc
Subsequent Government Announcements
Following the release of the NPPF update, there have been a number of announcements made by various Ministers including one by Rachel Reeves, the Chancellor, on 29 January 2025 in which she linked the planning reforms with Government intent to move forward on major infrastructure projects. Specifically referred to were the proposed third runway at Heathrow which is many decades from its initial proposal and the mooted “Growth Corridor” between Oxford and Cambridge.
Previously, the Prime Minister himself had on 23 January 2025 announced Government proposals to reduce the stages currently available in judicial review challenges brought against proposed major infrastructure projects such as nuclear plants, railway lines and windfarms.
Objectors currently are allowed three attempts to obtain permission to proceed with the Judicial Review: firstly, by way of written application to the High Court; secondly at an oral permission hearing before the High Court if permission is refused at the written stage; and finally at a hearing before the Court of Appeal if permission is refused at the oral permission hearing. The Government is proposing to dispense with the paper permission stage completely. If then, at an oral hearing, the High Court rules a case is totally without merit, claimants will not be able to appeal that ruling to the Court of Appeal.
Also of note is that running through recent ministerial speeches is what could be described as a less restrictive approach towards environmental concerns.
Such signalling demonstrates the Government’s determination to move forward with construction projects in conjunction with the planning system reforms. How successful it will be in fulfilling its overall objectives remains to be seen but already the updated rules are being applied in planning decisions including Planning Inspectorate determinations so there is an immediate impact for planning practitioners.
Partner with 360 Law Services for Expert Guidance
As the UK’s planning system evolves, it is crucial to stay up to date with the latest regulations. At 360 Law Services, we provide expert legal guidance to help you navigate the changes and ensure your projects comply with the new regulatory framework. Whether you’re seeking to take advantage of opportunities arising or need advice on how the changes will impact your business, 360 Law Services is here to help. Contact us today to find out how we can support your success in this evolving landscape.
Partner with 360 Law Services for Expert Guidance
As the UK’s planning system evolves, it is crucial to stay up to date with the latest regulations. At 360 Law Services, we provide expert legal guidance to help you navigate the changes and ensure your projects comply with the new regulatory framework. Whether you’re seeking to take advantage of opportunities arising or need advice on how the changes will impact your business, 360 Law Services is here to help. Contact us today to find out how we can support your success in this evolving landscape.