Agenda item

Note – the status of Neighbourhood Plans in the District may be found via this link

https://www.west-lindsey.gov.uk/my-services/planning-and-building/neighbourhood-planning/

Members heard from the Development Management Team Manager the Government had published its response to proposed planning reforms the previous month, alongside its revised and updated National Planning Policy Framework (NPPF). Planning law required that planning decisions were taken against the development plan for its area, unless material considerations indicated otherwise. In this case, that comprised the Central Lincolnshire Local Plan, any applicable made Neighbourhood Plan, and the Lincolnshire Minerals and Waste Plan.

National policy was, however, a material consideration and was to be taken into account from the date of its publication (12 December 2024). It was therefore relevant when considering that evening’s planning applications.

The NPPF stated (paragraph 232) that “existing [development plan] policies should not be considered out-of-date simply because they were adopted or made prior to the publication of this Framework.”

It also stated that where the LPA could demonstrate a five-year Housing Land Supply (HLS) and a Housing Delivery Test (HDT) over 75% for the previous three years, then current development plan policies should not have been regarded as out-of-date as a consequence of the new local housing requirement figures. This was for a period of five years from the date of the plan’s adoption (CLLP – April 2028).

In Central Lincolnshire, there was currently a 7.8-year HLS, and over 100% had been achieved in the HDT (2023 = 178%; 2022 = 182%; 2021 = 175%). The policies of the CLLP should not have been considered to be out-of-date as a result of the new housing requirement figures.

In terms of taking into consideration the revised NPPF (December 2024), some of the key changes to be aware of had included:

·         New Standard Method for Assessing Local Housing Need (para.62) – A new Standard Method had been introduced, which future development plan policies would need to take into account. The new baseline figure had been set at 0.8% of existing housing stock, then adjusted for affordability (previously it had been derived from household growth projections). Applying the new Standard Method had required 1,552 new dwellings per annum across Central Lincolnshire (previously 1,054 under the old method, an increase of 47%). However, the CLLP 2023 had currently set a target of 1,325 dwellings per annum (an increase of 17%).

·         Return of the Five-Year HLS with Buffer (para.78) – LPAs were again required to maintain a five year HLS with a 5% buffer. Central Lincolnshire currently had a 7.8-year supply (156%). From 1 July 2026, a 20% buffer would need to be applied to those LPAs whose local housing need figure was 80% or less of the new Standard Method figure. The current CLLP requirement (1,325 dwellings) was 85% of the new Standard Method figure (1,552 dwellings) at that time.

·         Local Character and Design Coding (para. 131 onwards) – Changes made in 2023 to the NPPF referencing “beauty” and “beautiful” in relation to well-designed development had been reversed. However, the framework had clarified that national policy was strongly supportive of all upward extensions, including mansard roofs.

·         Previously Developed Land – The definition of previously developed land in the glossary had been updated to include “large areas of fixed surface infrastructure such as large areas of hardstanding which have been lawfully developed.” However, glasshouses were not included in the definition.

·         Affordable Housing – Housing needs assessments were expected to explicitly consider the needs of those requiring social rent, according to the NPPF. The 10% mandatory requirement for major development had been removed. New wording in the framework had expected LPAs to take a positive approach to development proposals that included a mix of tenures and types, through both plans and decisions.

·         Supporting Economic Growth and Clean Energy – The new NPPF had included policies to facilitate development meeting the needs of a modern economy (such as laboratories, gigafactories, data centres, digital infrastructure, freight, and logistics). Decision-makers were to give “significant weight” to the benefits associated with renewable and low-carbon energy generation and proposals contributing to meeting a net-zero future. “Significant weight” had also been placed on the importance of facilitating new, expanded, or upgraded public service infrastructure when considering development proposals, as stated in new wording in paragraph 101.

Planning Reform Working Paper: Planning Committees

https://www.gov.uk/government/publications/planning-reform-working-paper-planning-committees

On 9 December 2024, the Government had published a working paper on reforms to local government planning committees. It was not a formal consultation with a deadline, but it did invite comments.

The paper had invited views on models for a national scheme of delegation, which the Government had committed, it stated, “to support better decision making in the planning system.” It had proposed three possible options, which it claimed were “designed to facilitate faster delivery of the quality homes and places that our communities need, by bringing greater standardisation over the operation of committees, in turn to give greater certainty to applicants.”

Additionally, the Government had expressed interest in views on the creation of smaller, targeted planning committees specifically for strategic development, as well as the introduction of a mandatory requirement for training for Planning Committee Members.

All three reforms would require changes to primary legislation through the Planning and Infrastructure Bill.

·         Option 1 – Delegation where an application complies with the development plan

·         Option 2 – Delegation as default with exceptions for departures from the development plan

This option proposed that a national scheme of delegation should operate by exception. Specifically, all applications be delegated to officers unless specific circumstances applied. This could mean all applications were delegated to officers unless:

a. the application was a departure from the development plan and was recommended by officers for approval; or

b. the application had been submitted by the local planning authority, its members, or officers.

·         Option3 – Delegation as default with a prescriptive list of exceptions

The third option would again require all applications to be delegated to officers. However, under this model, the national scheme of delegation would set out a prescriptive list of application types to be determined by committees to provide certainty to applicants from the start.

a. All applications for planning permission would be delegated to officers unless the application was:

i. for major residential or commercial development not on an allocated site;
ii. for an allocated site and the proposals departed from the policy in the local or neighbourhood plan for that site;

iii. for land on the Green Belt which engaged the exceptional circumstances test in the NPPF;

iv. for development subject to Environmental Impact Assessment or which was likely to have a significant impact on a habitats site;
v. for development that would cause substantial harm to a designated heritage asset and there could be exceptional reasons for its approval;
vi. submitted by a local planning authority, its members, or officers; or
vii. subject to over a specified number of objections.

Members also heard the following updates on the Neighbourhood Plans in the District.

Members expressed concerns over proposed changes to planning policy and the potential implications for local authority decision-making. It was noted that the government’s focus on renewable energy did not extend to mandating renewable energy features in new housing developments, which was criticised as inconsistent. Concerns were raised about the impact of centralised planning reforms on the role of councillors and officers, with Members viewing it as an erosion of local democratic powers and decision-making.

Discussion also highlighted issues with housing delivery, with Members emphasising the disparity between planning approvals and actual development, citing land banking by developers as a persistent challenge. The housing delivery test and its implications were discussed, with Officers confirming that Central Lincolnshire had consistently exceeded targets in recent years. However, concerns remained about developers failing to build homes for which planning permission had been granted.

The importance of promoting neighbourhood plans was stressed as a means of maintaining local influence over planning decisions during potential devolution changes. Members emphasised the need to ensure that local communities remained engaged in shaping development within their areas. The broader implications of emerging government policy were also noted and emphasised the need for local authorities to continue advocating for balanced, sustainable, and timely development.