Our Consultant Planning & Environmental Solicitor David Fairbairn tracks the progress of the National Planning Policy Framework (NPPF) since it was introduced in early 2012 and compares the successes and setbacks of the localism Act to the ups and downs of a football season.
If Localism were a local football club, its record since the publication of the National Planning Policy Framework would be: Played 8, Won 4, Drawn 0, Lost 4. The opening fixture saw Localism triumphant as the Government brought the Neighbourhood Planning (General) Regulations 2012 into force. The Regulations set out the procedure for the designation of neighbourhood areas and neighbourhood forums and for the preparation of neighbourhood development plans and neighbourhood development orders. This quick win was spoiled by an own goal, when agreement could not be reached about the referendum provisions, without which neighbourhood plans and orders cannot take effect.
Localism then suffered two surprise defeats in quick succession. First, York Council announced its intention to withdraw its core strategy, following a decision to grant permission for an out-of-town retail scheme. Then both Wigan and Hull Councils announced their intention to suspend their examinations in public into their core strategies, with inspectors questioning their housing land supply, and in particular the 5% and 20% buffers required by the NPPF.
Another difficult examination in public resulted in a heavy defeat for Localism, as the inspector considering the Dawlish Neighbourhood Plan found it to be unsound and should not proceed to a referendum. He ruled the Plan was unsound because the LPA had not yet adopted a Core Strategy. Dawlish was one of the Government’s Front Runner neighbourhood plans. There were some unusual circumstances, which might go some way to mitigating the impact of the defeat.
More recently, Localism has rallied. A Birmingham group has become the first designated neighbourhood forum. The Central Lancashire Core Strategy became the first core strategy to be deemed sound under the NPPF. Two further victories to Localism.
Then, an inspector considering an appeal against the refusal of planning permission in the Gloucestershire Green Belt confirmed that the presumption in favour of sustainable development could be ousted by more restrictive specific policies.
Finally, in extra time, the Secretary of State announced the outcome of the first three call-in decisions since the NPPF was finalised. All three decisions were to grant planning permission. David Fairbairn, Consultant, says "While it cannot be said that planning permission would not have been granted pre-NPPF, the decisions are another defeat for Localism in what is proving to be a topsy-turvey season."
For a free initial meeting please call 01202 499255 and David will be happy to discuss any questions you may have.