As those who follow these things will know, yesterday’s (30 July 2024) statement to the House of Commons by the Deputy Prime Minister was a big day for planning. The headline measures have already caused considerable excitement from commentators and will continue to do so for the rest of this year as stakeholders and interested parties engage with the consultation on the proposed policy changes.
Unsurprisingly, given the focus on releasing land for large scale housebuilding, at first review, there is not much in the proposals that will significantly change the planning policy environment for the majority of our rural clients. However, the reintroduction of mandatory housing targets and the requirement for local planning authorities to be able to demonstrate a 5-year housing supply could be helpful for landowners who may have potential “windfall” sites that are not currently allocated for development and where the presumption in favour of sustainable development in the National Planning Policy Framework (otherwise known as the “tilted balance”) may apply.
There is also a point of detail in the consultation document that may be relevant to the rural world. That arises at paragraph 7 of Chapter 5 and question 22 (of 106) and concerns the definition of Previously Developed Land (aka brownfield land). The proposal is to expand that definition to include hardstanding and glasshouses. If they are included in that definition, that would also engage a presumption in favour of development in respect of land and structures in those uses.
For those of our clients with property in the green belt, the flagship and highly controversial proposal to categorise some areas of green belt land as “grey belt” where the green belt polices that prevent the majority of development may be disapplied could also present new opportunities.
Given the scale and significance of the proposed reforms, it may be a long haul for the government, even with a working majority in the House of Commons of 167. The government says it will respond to the consultation and publish NPPF revisions before the end of the year, so policy changes can take effect as soon as possible. Further planning reforms that require primary legislation will be introduced in the Planning and Infrastructure Bill that was mentioned in the King’s Speech.
The proposed reforms have been given a wide welcome by no fewer than 21 stakeholders, including the Chief Executive of our own august professional body – albeit incorrectly referred to in the press release as the Royal Institute of Chartered Surveyors. Perhaps, in replacing the old Department for Levelling Up, Housing & Communities with the new Ministry of Housing, Communities & Local Government the old press release writers who knew what RICS stands for have been replaced by new ones who have not yet acquired that knowledge.
