National Planning Policy Framework- Update 12.12.2024

Introduction

The updated National Planning Policy Framework (NPPF), effective from December 12, 2024, introduces significant changes to planning policies across England. These updates will have a direct impact on all pending applications and ongoing appeals, reshaping how decisions are made by local planning authorities. While applicants may benefit from these changes—particularly those proposing new housing—local authorities may face delays in adapting to the revised policies, compounded by the holiday season.

A standout feature of the revised NPPF is its more flexible approach to development in the Green Belt, a policy area that has traditionally imposed strict limitations. The introduction of new concepts like the “Grey Belt,” alongside a hierarchy for releasing land from the Green Belt and adherence to “Golden Rules,” signals a notable shift in national planning priorities. This update could unlock new opportunities for developers while maintaining the overarching focus on sustainability.

Immediate Implications of the 2024 NPPF Update

The National Planning Policy Framework update was published on the 12th of December 2024. The first point of note is that this update comes into effect from the 12th of December 2024. That means that all applications pending consideration, and any appeals being considered by the Planning Inspectorate will need determined in light of the changes. This may well be of benefit to applicants, particular those applying for housing as explained below.

In the short term, however, here may be something of a delay in determining applications whilst local authorities understand and implement the changes to their decision–making, as amended by the new NPPF. This, along with the inevitable delays that happen over the holiday season, will no doubt leave many local authorities not meeting their statutory determination periods. Applicants and appellants will need to be made aware of this inevitable delay, however it may be of some comfort that clients with applications for new housing may well benefit from the changes published today.

Green Belt Policy: Significant Changes

For applicants, the most interesting part of the revised 2024 NPPF probably concerns Green Belt. Until now, almost all development – with a very few exceptions – in the Green Belt was considered inappropriate, where Very Special Circumstances would need to be demonstrated to permit development. From today, development, including commercial proposals, and housing is no longer regarded as inappropriate in the Green Belt where (paragraph 155):

(1) it would be ‘Grey Belt’ land (more below)

(2) it would not fundamentally undermine the purposes taken together of the Green. Belt across the area of the plan (the bar appears to be set high as to ‘fundamentally undermine’ the purposes of Green Belt)

3) it would be in a sustainable location (Paragraph 110 refers to locations which ‘are or can be made sustainable’).

4) there is a demonstrable unmet need for the type of development proposed.

This can be shown where:

(1) the LPA cannot demonstrate a five–year housing land supply or
(2) the housing delivery test results were below 75%.
(3) the development would meet the “Golden Rules” (more below).

Introducing the Grey Belt: A Groundbreaking Addition to Green Belt Policy

This is a new term/definition, that certainly provoked a lot of interest and – certainly for the planning geeks among us – excitement during the consultation period.

Grey Belt includes:

• Previously developed land or
• Land that does not strongly contribute to any of green belt purposes. These purposes being:

a) to prevent the unrestricted sprawl of built–up areas
b) to ensure neighbouring towns do not merge into one another or
c) to protect and preserve the setting and special character of historic towns.

Previously developed land in the Green Belt will not be considered Grey Belt where there are strong reason for refusing or restricting development, other than it being Green Belt (Footnote 7). This appears to be designed to pull more land into the definition of Grey Belt.

The Golden Rules

(1) Affordable housing which reflects either development plan policies produced in accordance with the new 2024 Framework or to be calculated in accordance with paragraph 157 (this is delivery of affordable housing in the that is at 15% above the policy requirement, up to a max of 50% the development proposed to be affordable)
(2) Necessary improvements to local or national infrastructure or
(3) New or improvements to existing green spaces that are accessible to the public.

Releasing Land From The Green Belt

Where land is needed to be released from the Green Belt for development, the NPPF has a hierarchy as follows:

• Previously developed land – Grey Belt
• Grey Belt that has not been previously developed
• Other Green Belt locations.

When reviewing Green Belt boundaries, a key consideration, similar to the key principle throughout the NPPF, is sustainability. Ensuring that Green Belt release is in sustainable locations is still of importance. This means LPAs looking release land on the edges of Green Belt that are adjacent to towns and cities, or towns/villages that are within the Green Belt itself, where access to facilities, resources and public transport already exist, or can be developed and made sustainable.

Summary

For applicants, investors and house builders, the changes to the NPPF will enable the delivery of housing and commercial schemes on previously developed land in the Green Belt, without having to prove Very Special Circumstances, nor that the development would not impact on the openness of the Green Belt. The underlying principle of the NPPF is Sustainable Development, but there is now an understanding that this could not only be in locations that are already sustainable, or could be made sustainable. This could well have the side effect of improving infrastructure and transport links for more rural / edge of urban settlements, that could be served alongside new development. There is still a “Brownfield” first principle for all development, however, the realisation that not all the Green Belt is lush green fields and rolling hills will ensure disused and redundant and can be realised for housing, and help contribute to the 370,000 new homes annually, as promised by the government.