Unpacking the new NPPF draft
By Josef Cannon KC, Harriet Townsend KC and Lois Lane
The Government has published its revised draft NPPF today with consultation on the proposed changes set to run until 10 March 2026. There’s lots to unpack in the new version (and a few other important announcements from the Government on biodiversity net gain too!)
Here are the headlines:
1. This is not just a refresh but a radical restructure
a. The layout and structure of the new version is fundamentally different. Out with consecutively numbered paragraphs – in with Local Plan style numbered policies.
b. There are distinct sections on plan-making and decision-taking and plan-making policies explicitly not allowed to be applied to decision taking.
2. Welcome back to strategic planning
a. The new draft gives effect to the forthcoming Strategic Planning Authorities, which would be required to prepare a Spatial Development Strategy.
b. Policy PM14 sets out four tests for Spatial Development Strategies, which must be positive, appropriate, effective, and consistent with national policy.
c. The Government has chosen not to introduce statutory National Development Management Policies, but the draft NPPF includes a sequence of National decision-making policies: Policies S3–S6.
3. Expanded presumption in favour of sustainable development
a. Goodbye to paragraph 11! The presumption in favour of sustainable development would be applied in a much wider range of circumstances.
b. Policy S4 – The presumption would apply to all development proposals within settlements, unless the “harms would substantially outweigh the benefits”. i.e. default yes for brownfield.
c. Policy S5 – Outside settlements, the presumption would apply to a list of development types. These would include the familiar (failure to demonstrate a five-year housing land supply or scores of less than 75% on the latest Housing Delivery Test) and the new (housing and mixed-use sites within reasonable walking distance of railway stations).
d. The much-trailed railway station provision has the caveat that it will not apply where it would prejudice plans for long-term comprehensive development in the same location (e.g. perhaps because a station could become the centre of a new town).
e. The railway station provision also applies to Green Belt (Policy GB7(h)), provided it meets the Golden Rules (GB8).
f. Note however that anything NOT falling within categories (a)–(j) under Policy S5 (i.e., not benefitting from the presumption) face a reverse presumption and should be refused in the absence of exceptional circumstances.
g. Note also that the contribution towards meeting unmet need for ‘accommodation’ would attract ‘substantial weight’.
4. Measures to support SME developers
a. A new medium development category would be introduced for 10-49 homes on sites of up to 2.5 hectares.
b. The Government is trailing potential exemptions to the Building Safety Levy for SME developers.
5. Changes to protected sites and landscapes
a. The impact of Part 3 of Planning and Infrastructure Act 2025 is reflected in policy N6 (1)(a), where Environmental Delivery Plans and payments into the nature restoration levy are addressed as alternatives to appropriate assessment in relation to the protection of Habitats sites.
b. “Valued landscapes” are no more! The concept is absent from the new draft.
6. Changes to the approach to heritage assets
a. The question of harm to designated heritage assets is now split into three categories: ‘harm’, ‘substantial harm’, and ‘total loss’.
b. There is a new definition of ‘substantial harm’, which is “where the development proposal would seriously affect a key element of the asset’s significance’.
7. Biodiversity Net Gain
a. Alongside the NPPF consultation draft, the Government has made a simultaneous announcement in response to its previous consultation that sites of under 0.2 ha will be exempt from BNG. This is a lower threshold than the 0.5 ha originally consulted upon and has been cautiously welcomed by the Chartered Institute of Ecology and Environmental Management but there are still concerns from practitioners involved in the delivery of BNG that it will reduce investor confidence in fledgeling biodiversity unit market.
b. There is also a promise to consult “rapidly” on an “additional targeted exemption for residential brownfield development (testing ranges up to 2.5ha).”
8. Some environmental wins
a. Mandatory swift bricks and protection for chalk streams both feature in the draft text.
b. A new chapter on clean energy and water is welcome and should help to support the Government’s Clean Power by 2030 plans.
We’ll be providing more detailed analysis in the new year. For now, we hope that the new draft provides some enjoyable Christmas reading for you all!
