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Updated Aug 29, 2024

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Key developments to impact future planning industry projects

There have been several significant developments that have emerged over the last few months that are set to impact the planning sector.

Angela Rayner’s Letter

Angela Rayner, Deputy Prime Minister and Housing Secretary, wrote to local authority chiefs urging them to prioritise housing and infrastructure projects. She emphasised the need for swift action to address the housing crisis and improve infrastructure.

Following the publication of the draft National Policy Framework (NPPF), Rayner outlined the government’s housing development plan in a letter to local authority Chief Executives.

The letter emphasises the urgency of updating local plans and delivering the necessary housing supply, urging local leaders to prioritise the development of affordable and social housing to provide secure homes for working families.

Additionally, Housing Minister Matthew Pennycook reached out to RTPI President Lindsey Richards, acknowledging the critical role planners play in driving the country’s growth. Pennycook and Rayner expressed admiration for the planning profession and emphasised the significant changes proposed in the NPPF reforms, which will demand leadership and professional dedication.

Richards responded positively, highlighting the expertise, talent, and dedication of planners throughout the country. She welcomed the recognition of the profession’s value and its importance to the government’s objectives, and called for further reforms to ensure planning remains a rewarding career and continues to attract new talent.

Pennycook also addressed Paul Morrison, Chief Executive of the Planning Inspectorate, reaffirming the government’s commitment to the plan-making process.

He pointed out the increasing time required to examine local plans and urged inspectors to support local authorities through advisory visits and to make tough decisions during examinations.

The new approach will be effective immediately, with existing pauses remaining unless deemed insufficiently productive by the inspector.

Mandatory Housing Targets

The draft National Planning Policy Framework (NPPF) emphasises mandatory housebuilding targets for councils. Under the new regulations, councils are expected to meet these figures to address the housing crisis.

Matt Boughton, council leader from Tonbridge and Malling, criticised the plans, calling them a “disaster” for those wishing to preserve the identity of their local towns and villages.

Julia Hilton, Hastings Council Leader, expressed concerns about how a small coastal town like Hastings, surrounded by protected landscapes and bounded by the sea, could meet the additional target of 282 homes per year. She also highlighted the need for support in making over 700 empty homes in the town usable again.

Daniel Allen of North Herts welcomed the change, emphasising the need to stimulate national growth through housebuilding, but stressed the importance of giving local authorities the power to resist unsuitable developer-led proposals.

The government aims to build at least 1.5 million new homes over five years. Councils are awaiting further details on the support available to help achieve these targets.

TerraQuest, suppliers of Planning Portal, acknowledge the potential challenges posed by these changes. Identifying suitable land, adhering to conservation and sustainability measures, and accelerating the planning process are critical yet demanding tasks. The shortage of financial and staffing resources further complicates the mission.

With a long history of collaborating with local authorities, TerraQuest offers support in identifying land to unlock development opportunities, clearing planning application backlogs, and aiding in digitisation and capacity building within local authority organisations.

High Court Ruling on Home Energy Standards

A recent ruling clarified that councils can set their own energy-efficiency targets, provided they present strong evidence of viability.

In King (on the application of) Rights Community Action Ltd v Secretary of State for Levelling Up, Housing and Communities, although the challenge was dismissed, the judge confirmed that local planning authorities have the statutory power to implement energy-efficiency policies beyond national building regulations, up to the standards outlined in the forthcoming Future Homes Standard.

Local authorities must demonstrate clear and compelling reasons for deviating from national regulations, ensuring proposed measures are practical and essential for their regions.

Despite the ruling Rights Community Action, the Campaign Group, plans to appeal, arguing that the ministerial statement still limits the scope of planning policies. They aim to ensure the new Labour government promotes energy-efficient housing in line with its ambitious housebuilding targets.

Good Law Project Legal Manager, Bekah Sparrow, said: "We think the decision was wrong and will be supporting an appeal. It was encouraging that the judgment made clear that, whatever ministers said, local authorities can exceed building regulations, but so much more needs to be done to deliver the improvements that communities want and the planet needs".

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