PINS NOTE 03/2018r1
To:
All Inspectors, All Examining Inspectors, All Casework
Managers
Relevancy:
Planning casework, Local Plans (both England only)
Date of Issue:
05 March 2018
Review Date:
Upon publication of final revised NPPF
Last Updated:
3 April 2018: Providing links to the draft Planning
Practice Guidance and the Housing Delivery Test
Methodology.
Draft Revised National Planning Policy
Framework
Action
1.
On
5 March 2018 the Government published the consultation draft
of the revised National Planning Policy Framework (NPPF) which had
been signalled through the Housing White Paper “Fixing our broken
housing market”1 and the follow-on consultation “Planning for the
right homes in the right places”2. The draft revised NPPF is subject
to further consultation, running for a period of 9½ weeks from 5
March until
10 May 2018. Transitional arrangements also form
part of the consultation but are themselves not yet in place.
2.
Alongside the publication of the draft revised NPPF, the Government
has today published its response to the two earlier consultations
resulting from the Housing White Paper
: Fixing our broken housing
market: consultation outcome; and
Planning for the right homes in
the right places: consultation outcome.
3.
Additionally, Government has now published, for reference,
draft
planning practice guidance to accompany the revised Framework
and th
e draft measurement rulebook for the proposed new housing
delivery test. The draft PPG text covers viability, housing delivery,
Local Housing Need Assessment, Neighbourhood Plans, plan-
making, and build-to-rent.
1 See PINS Note 01/2017
2 See PINS Note 11/2017
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4.
Inspectors should familiarise themselves with the text of the draft
revised NPPF and the extent of consultation. The following section
lays out what action may be required in each area of casework.
This PINS Note will be updated in due course to provide further
detail on the changes, and when the final version is published.
Appeals Casework
5.
The draft Framework is a consultation document and not extant
government policy and its content could therefore change. Any
weight it attracts should be judged and attributed accordingly. It is
anticipated that Inspectors should not need to seek the views of
parties on the implications of the consultation draft, though there
may be very limited specific circumstances where this is considered
appropriate.
6.
Where in those limited circumstances , an Inspector decides that an
opportunity to comment should be offered, s/he should ask the
case officer to contact the relevant parties and set a period of not
more than 7 working days to respond. See Annexe A for suggested
text.
7.
It is not expected that it would be necessary to consider the re-
opening of a Hearing or Inquiry based on the consultation draft or
upon comments received in relation to its content though
Inspectors should consider each case on its merits. Discussion
with your SGL should be undertaken where a course of action is
unclear.
8.
In the event that parties submit unsolicited (late) representations
on the basis that the content of the revised draft NPPF has a
bearing on their case please consider the existing advice on ‘late
evidence and representations’ contained within the Inspector
Training Manual3 . If an Inspector is minded to accept then an
opportunity for other parties to the appeal to comment must be
provided.
Local Plan Examinations
9.
The purpose of the examination is to test whether the plan has
been prepared in accordance with the legal requirements and is
sound. The current criteria for soundness are set out in paragraph
182 NPPF.
10.
Within the draft revised NPPF, the Government has set out its
proposed Transitional Arrangements. Transitional arrangements
have been proposed which apply the previous (current) Framework
to plans which are submitted (or where the Secretary of State
directs a local planning authority to publish or submit a plan within
a specified time period) before the date of publication of the new
Framework. These arrangements are themselves subject to further
3 Advice within Annexe 1 of The approach to decision-making chapter – “Late
representations and evidence”
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consultation. Consequently, in most circumstances, it is unlikely
that the Inspector will need to seek a view from the LPA on the
implications of the draft NPPF on the current examination.
11.
If you would like to discuss the most appropriate approach, please
contact your SGL or local plan mentor in the first instance and/or, if
necessary the GM (Plans). If the LPA advises that it would like the
examination to continue in line with the proposed transitional
arrangements, it is unlikely that any further actions will be
necessary.
12.
As previously advised to Inspectors, the transitional arrangements
that will apply for the new methodology for calculating local housing
need mean that the standard method will not apply4 to plans
submitted for examination before the publication of the final revised
NPPF.
National Infrastructure
13.
The NPPF is important and relevant in National Infrastructure work
but where there is a designated National Policy Statement (NPS)
this will take precedent unless the NPS itself refers to the NPPF.
Unless any specific changes to the draft NPPF are a significant
matter in the current examination then it will not be necessary to
revisit matters in the examination but if you have a hearing planned
or written questions being issued then it may be helpful to include a
reference to the draft in general terms.
Background
14.
This revision of the National Planning Policy Framework implements
around 80 reforms announced in 2017 through the Housing White
Paper “Fixing our broken housing market
” and then through the
subsequent consultation document “Planning for the right homes in
the right places” on 14 September, as well as proposals set out
within the Autumn 2017 Budget. The consultation draft revised
NPPF represents a substantial re-draft of the current Framework.
15.
Alongside the draft National Planning Policy Framework,
Government will also be publishing draft associated guidance, and
indicative Housing Delivery Test results. The aim is to revise all
supporting guidance alongside the final version of the National
Planning Policy Framework.
Contacts for further information
16.
Please contact XXXX if you have any general queries on this Note.
17.
In the first instance please contact your SGL or Local Plans mentor
for advice on specific appeal and local plan casework, as
appropriate. If necessary, queries may be escalated further for a
4 See Dear CPO Letter (30 January 2018) - Local Housing Need transitional arrangements
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GM view (SGLs/Local Plans mentors should contact XXXX to arrange
in those circumstances). Non-salaried Inspectors should approach
XXXX with any queries in the first instance, on which XXXX will
liaise with XXXX.
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Annexe A
Publication of the draft revised National Planning Policy
Framework (NPPF)
I refer to publication of the draft revised National Planning Policy
Framework (NPPF) on 5 March 2018. The Inspector appointed to
determine this appeal has asked me to write to you to ask whether, in
light of its publication, <you wish><your Council wishes> to make any
comments as to whether this [and insert specific part if necessary] has
any bearing on the appeal.
I would be grateful for your written response within 7 working days of the
date of this letter.
A similar letter has been sent to <the appellant><the Council>, and <the
appellant><the Council> should be copied into your response.
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