New planning regime fuels concerns

The government’s shake-up of planning policy could lead to delays and more appeals, planning lawyers have warned.

Last week, the government unveiled the National Planning Policy Framework (NPPF), which aims to simplify the planning process, put local not national government in charge of decisions, and introduces a presumption in favour of sustainable development.

Tim Johnson, real estate partner at DAC Beachcroft, says: “There are parts of the policy that are likely to cause delays through the need for appeals or judicial interpretation, particularly, for instance, the meaning of ‘limited degree of conflict with this Framework’ when considering what weight an adopted policy is to be given.Overall, the NPPF seeks to achieve a balance as it should; however, we continue to wonder whether it has resulted in policies that, in trying to satisfy all, will end up satisfying nobody.”

Jen Hawkins, solicitor, LexisPSL Environment, says: “The approach of the NPPF seems to be more of a ‘slash-and-burn’ than a ‘consolidation’ exercise. While environmental campaigners are more happy with the refined concept of ‘sustainable development’, which now refers to the five principles of the UK sustainable development strategy, tipping the balance between economic and environmental considerations inevitably renders it less ‘pro-growth’ than its former draft form. This more detailed definition offers a new hook for environmental non-governmental organisations to latch onto, providing a policy basis on which to tackle global environmental impacts. It is easy to argue that developments such as the third runway at Heathrow are not conducive to ‘living within the planet’s environmental needs’.”