Planning Insights Bulletin – October 24
Get to grips with the latest planning updates with our UK insights.
Welcome to the October 2024 edition of the Planning Insights Bulletin where we discuss:
- Consultation on NPPF: sustainable development changes
- Office conversion opportunities unlocked
- High court dismisses energy efficiency challenge
- Get to grips with BREEAM NC version 7
Consultation on NPPF: sustainable development changes
On 30th July 2024, the UK Government launched a public consultation on proposed revisions to the National Planning Policy Framework (NPPF), aiming to address long-standing challenges within the planning system. One of the proposed revisions focuses on Paragraph 11 of the NPPF, which outlines the circumstances under which development can occur based on the principle of "presumption in favour of sustainable development" (PIFSD).
The presumption in favour of sustainable development is intended to streamline planning approvals for developments that align with sustainability principles, particularly in instances where local planning policies are out of date or where housing supply targets are unmet. Historically, the PIFSD served as a mechanism to ensure that sustainable development is approved unless there are strong, policy-based reasons to refuse. However, it has faced criticism for being inconsistently applied and for not sufficiently addressing housing shortages across the country.
By refining the language of Paragraph 11 of the NPPF, the Labour Government intend to clarify the application of the mechanism, while introducing new safeguards to ensure that development quality is maintained.
To read more, view the full article here.
Office conversion opportunities unlocked
An Inspector’s recent ruling has potential to unlock additional office to residential conversion opportunities. The appeal case dealt with the question of whether a planning condition restricting the use of a building within Class E, necessarily precludes permitted development. By shedding light on the interpretation of restrictive conditions in the context of the General Permitted Development Order, the decision serves as a useful reference for justifying the use of Class MA to support changes of use.
Class MA, under Part 3 of Schedule 2 of the GPDO, allows for the change of use of offices (and other Class E land uses) to dwelling houses (Use Class C3). An application for prior approval is still required to be submitted to the local planning authority, but this is highly simplified, much quicker and cheaper option compared to a traditional planning application. Subject to ticking all the boxes, a proposal ‘automatically’ warrants approval, without the detailed policy considerations which complicate the assessment of planning applications.
To read more, view the full article here.
High court dismisses energy efficiency challenge
In July, a legal challenge by two campaign groups against the written ministerial statement (WMS) was dismissed by a High Court judge. The campaign groups, ‘Rights: Community: Action’ and ‘Good Law Project’, mounted their challenge to the WMS, claiming that the written ministerial statement failed to consider key principles outlined in the Environment Act.
The WMS prepared by former junior housing minister Baroness Penn stated that the government "does not expect plan-makers to set local energy efficiency standards for buildings that go beyond current or planned buildings regulations". Baroness Penn added “Any planning policies that propose local energy efficiency standards for buildings that go beyond current or planned buildings regulation should be rejected at examination if they do not have a well-reasoned and robustly costed rationale."
The challenge centred around three grounds. The first ground argued that the government had not fulfilled its duty under the Environment Act to consider the environmental principles policy statement (EPPS) when issuing the 2023 WMS. Campaigners claimed that no assessment had been conducted prior to approving the WMS, or that the subsequent assessment lacked substance and rigor.
To read more, view the full article here.
Get to grips with BREEAM NC version 7
Following our team's active involvement in the initial consultation process last year, we have received and thoroughly analysed the Building Research Establishment's (BRE) draft guidance for BREEAM New Construction (NC) Version 7, scheduled for release in Q4 of this year.
We’ve been through the guidance with a fine-toothed comb and are thrilled to see the intent to align certification across the life cycle of a building through to the operation phase and to further align with net zero targets.
To read more, view the full article here.
To discuss any of the matters discussed above or any other planning matter, please contact the team.
