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Cornerstone Development Quarterly - Special Edition: Revised NPPF

27.07.2021

July 2021
Cornerstone Development Quarterly

Special Edition: Revised NPPF

A note from the editors


This publication of the Quarterly focuses on the latest revision of the NPPF, the fourth substantive iteration in the decade since it was first published in March 2012.
 
In a Written Ministerial Statement made on 20 July 2021, the Secretary of State explained that:
 
“The new Framework is fundamental to ensuring local authorities and communities can shape and deliver beautiful places to live and work, with a greater emphasis on quality, design and the environment than ever before.”

Our team of market-leading planning barristers has identified four key themes of change within the new NPPF for analysis below:
The new NPPF is of course a mere appetiser whilst we await the government’s response to the Planning for the Future White Paper (August 2020). Given Parliament is now in recess until 6 September 2021, we do not anticipate the Planning Bill will be published before the autumn. It remains to be seen whether the government will adopt the recommendation of the Housing, Communities and Local Government Select Committee, to publish the Bill in draft for “pre-legislative scrutiny”.

Rob Williams, Emma Dring, Dr Ashley Bowes

Climate Change


Author: Estelle Dehon

Although on its face only limited changes have been made to the NPPF in respect of climate change, Estelle explains how the Design Guide and Code offer greater opportunities for local planning authorities to incentivise development which has been designed for climate mitigation and adaptation, and for developers to distinguish their proposals.

 
READ MORE

Design Codes


Author: Jonathan Clay

Jonathan reviews the introduction of the concept of “beauty” to the NPPF and considers how, through national and local Design Guides and Codes, the Government is seeking to bring a degree of objectivity to an inherently subjective subject.


 
READ MORE

Implications for Plan-making


Author: Ashley Bowes

Ashley considers the implications of the revisions for plan-making, including a review of the transitional arrangements for already emerging plans.

 
READ MORE

Implications for Development Management


Author: Clare Parry

As the new NPPF applies to all pending applications and appeals, Clare outlines the implications of the revisions for development management.

 
READ MORE

Article 4 Directions


Author: Jack Parker

Jack explains the new, more restrictive, policy concerning Article 4 Directions, particularly in respect of office-to-resi conversions.

 
READ MORE
CORNERSTONE CATCH-UP

COURT CASES AND INQUIRIES:

Sizewell C issue specific hearing sessions commence

The Planning Inspectorate will begins to hear two weeks of evidence as part of their examination of a proposal by NNB Generation Company (SZC) Ltd for a Development Consent Order under the Planning Act 2008 to authorise a new nuclear power station at Sizewell, on the Suffolk coast...


Alighting on serious risks: (1) Valero Logistic UK Ltd (2) Greenergy Terminals Ltd v Plymouth City Council [2021] EWHC 1792 (Admin)

Planning Court hands down judgment in an important judicial review concerning the correct approach of planning decision-makers in the context of sites presenting serious health and safety risks..

The importance of plan led development and road safety

Planning Permission refused for 190 dwellings at Land at Newgate Lane, Fareham...


Challenge to Isle of Wight Retail Park Rejected

On 19 May 2021, the High Court rejected a challenge to the grant of planning permission for a new retail park (9167 m2 gross internal floor space and 289 parking spaces) at Newport, Isle of Wight...


Rights of Way Claim over Development Site Rejected

An Inspector has rejected a claim to record three new footpaths, criss-crossing a large greenfield site promoted for housing development in Oxted, Surrey...
 

Legal Challenges to neighbourhood plans and orders: the Supreme Court has the final word

The Supreme Court has delivered judgment in R(on the application of Fylde Coast Farms Ltd) v Fylde Borough Council [2021] UKSC 18. The case concerned the short point on the interpretation and effect of section 61N of the Town and County Planning Act 1990 which provides for legal challenges to be brought against neighbourhood development orders and neighbourhood development plans...



NEWS:

Mediation and planning: Here to stay?

Cornerstone Barristers join The Bar Council's Bar Sustainability Network

Ruchi Parekh Speaks at UKELA Annual Conference 2021
 

Click here to access recordings and resources from our previous webinars.

If you have any queries, or wish to instruct members of the Cornerstone Planning and Environment Team, please contact:


Elliot Langdorf, Senior Clerk, elliotl@cornerstonebarristers.com
Sam Collins, Team Leader, samc@cornerstonebarristers.com
Dan Gatt, Team Leader, dang@cornerstonebarristers.com


020 7242 4986
clerks@cornerstonebarristers.com

 
 
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