Consultation on a revised National Planning Policy Framework and developer contributions

The Government are consulting on a revised national planning policy framework and reforms to developer contributions.

The National Planning Policy Framework is six years old and the revised framework focuses on proposals to speed up the delivery of new homes. Overall, the revised policy framework is more prescriptive requiring local authorities to plan positively and quickly to meet housing needs, review policies every five years, agree plans with neighbouring authorities and make more effective use of brownfield land. A housing delivery test to scrutinise local authority performance and a proposal to shorten the time limit to implement planning permissions to less than three years aims to ensure that more planned homes are built.

The revised policy framework proposes:

  • minimum densities for housing development in town and city centres and around transport hubs
  • to require local authorities to allocate at least 20% of their housing supply from small sites of 0.5ha or less
  • broaden the definition of affordable housing to include 10% of homes on major sites as affordable home ownership. Housing for essential local workers, including NHS staff, is also added to the definition.
  • to make best use of land by permitting housing on retail and employment land and, in future, upwards extensions on existing sites to create new homes, but bypassing a requirement for developer contributions for infrastructure
  • to include both non-statutory and statutory consultees in pre-application consultation to resolve issues, such as affordable housing and infrastructure requirements and to secure good design
  • to deliver a range of housing, but no extra emphasis on the need for housing for older people.
  • to continue to promote healthy and safe communities proposing that policies and decisions should consider the social and economic benefits of estate regeneration and additional recognition of the role that planning can play in promoting social interaction and healthy lifestyles.
  • to promote sustainable transport and require authorities to identify additional development opportunities arising from strategic transport infrastructure investment.
  • that plans should set out a clear design vision and expectations, supported by tools and checklists, including Building For Life.

The Government is also consulting on changes to developer contributions in response to an independent review of the Community Infrastructure Levy which was published in February 2017.

In the short term, it proposes to:

  • simplify consultation requirements for setting and revising a CIL charging schedule and to align it with the local plan process when assessing infrastructure needs and development viability.
  • remove the section 106 pooling restriction in areas that have adopted CIL or where significant development is planned on several large strategic sites
  • allow CIL charging schedules to be set based on the existing use of land to capture increases in land value
  • remove regulatory requirements for Regulation 123 lists and require the publication of Infrastructure Funding Statements
  • allow strategic local authorities to introduce a Strategic Infrastructure Tariff to help fund or mitigate strategic infrastructure, citing the success of the Mayoral CIL in London to help fund Crossrail.

In the longer term, the Government will explore the option of a national, non-negotiable developer contribution tariff for affordable housing and infrastructure. The independent CIL Review recommended that the Government should replace CIL with a low level Local Infrastructure Tariff (LIT) with section 106 agreements for larger developments.

The consultation ends on 10 May 2018 and the Government intends to produce a final version of the policy framework this summer. Further details on the consultation can be found here.