A pause to reflect as we wait for the latest version of the NPPF finally to be published, possibly in the coming week.
My final post of 2022, It Will Soon Be Christmas & We Really Don’t Have To Rush To Conclusions On This New NPPF Consultation Draft covered the publication on 22 December 2022 of the consultation draft. Back then the final version was to be published in Spring 2023. Never trust a DLUHC time estimate…
That timescale assumed that the Levelling-up and Regeneration Bill would receive Royal Assent that Spring. Ho ho ho. The Act finally received Royal Assent on 26 October 2023, although, as set out in my 4 November 2023 blog post Act Up!, nothing substantive has yet come into force, most elements requiring secondary legislation with only limited sections being switched on from Boxing Day. (My firm has prepared a detailed summary of the planning reform aspects of the Act, running to some 41 pages. Do message or email me if you would like a copy.)
Judging from the tone of DLUHC’s 28 November 2023 response to the Levelling Up, Housing and Communities Committee’s reforms to national planning policy report, together with Mr Gove’s appearance before the Levelling Up, Housing and Communities Committee on 6 December 2023, we assume that the final version of the NPPF will reflect quite closely the December 2022 draft, but time will tell.
Of course, barring a general election in the meantime, in 2024 we will then have consultation on further proposed revisions to the NPPF, to reflect LURA’s proposed reforms to plan-making, and consultation on much else besides.
In the meantime, 2023 has seen yet more ministerial changes with Rachel Maclean sacked in favour of an expanded role for Lee Rowley. There have been at best sporadic attempts to discourage local authorities from withdrawing emerging plans (Spelthorne and Erewash). There has been a self-styled long-term plan for housing. There have been sporadic culture wars – for example the swipe at South Cambridgeshire District Council for its four-day working week trial (anyone remember localism? I have an old book to flog).
But has anything really moved the dial in terms of encouraging housebuilding or indeed encouraging economic activity? Far from it if yesterday’s Planning Resource headline is anything to go by: Number of planning applications plummets 12% year-on-year in latest quarterly government figures (8 December 2023, behind paywall)
Spotify-style, I looked back at which simonicity posts were most widely read, last year. Perhaps this list tells its own story – one of procedural hurdles, unnecessary complexity and political climbdowns. In order:
- M&S Mess (21 July 2023). We wait to see what the High Court makes of Mr Gove’s 20 July 2023 decision letter.
- Thank You Mikael Armstrong: New Case On Scope Of Section 73 (28 January 2023). The Armstrong case has now been supplemented by R (Fiske) v Test Valley Borough Council (Morris J, 6 September 2023). The scope of section 73 remains a live issue, although the legal boundaries are now pretty clear ahead of the coming into force of section 73B which will raise new questions.
- The Government’s Big Move On Nutrient Neutrality – Now We Have Seen The Government’s LURB Amendment (29 August 2023). The subsequent defeat suffered by the Government on this in the House of Lords was possibly DLUHC’s most embarrassing moment of the year, when taken with the subsequent, aborted, attempt by the Government to introduce a fresh Bill.
- New Draft London Guidance On Affordable Housing/Viability (6 May 2023). These are critical issues, particularly in London, and we need to understand as clearly as possible the Mayor’s position. But the GLA draft guidance continues to grow like topsy. Since that post in May we have also had draft guidance on purpose-built student accommodation and on digital connectivity – and in the last week we have had draft industrial land and uses guidance.
- Euston We Have A Problem (8 July 2023). Subsequent to the post there was then of course the Government’s total abandonment of proposals for HS2 north of Birmingham (see my 4 October 2023 blog post, Drive Time) and wishful thinking as to a privately funded terminus for HS2 at Euston. It will be interesting to see what happens this coming year to the idea of a new “Euston Quarter” Development Corporation.
Incidentally, thank you everyone for continuing to read this blog, now in its eighth year (with more daily views than ever before), and for occasionally saying nice things about it. Believe me, I would otherwise have given up a long time ago. I did hope that I could pass it over to chatGPT next year but from early experimentation I suspect not:
Simon Ricketts, 9 December 2023
Personal views, et cetera
SIMONICITY 
Best wishes Simon
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And to you John
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Dear Simon
I would very much appreciate a copy of the briefing note if possible.
Many thanks
Barry John Lomax MPLAN (Hons) MRTPI Corporate Head of Service Development Management
Royal Borough of Kingston upon Thames Guildhall II, High Street, Kingston upon Thames, KT1 1EU
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I’ll send it tomorrow Barry. Hope you’re well.
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Really find these updates useful – have a great Christmas and look forward to reading them more into the New Year. Thank you,
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Dear Simon
Many thanks for the great blog. Don’t give up or pass over it over to ChatGPT. Your work is much appreciated.
I would like to take up your offer of a copy of your firm’s detailed summary of the planning reform aspects of the LURA please.
Essential holiday reading… Kind regards
Helen Forbes
Senior Solicitor Legal & Democratic Services Surrey County Council (surreycc.gov.uk)https://www.surreycc.gov.uk/
Legal Reception Line: 0208 541 9088 Correspondence Address: Legal Services, 1st Floor, Dakota, De Havilland Dr, Weybridge, KT13 0YP
Civic Heart: Woodhatch Place, 11 Cockshot Hill, Reigate, RH2 8EF [cid:image001.jpg@01DA2C16.732295C0][cid:image002.jpg@01DA2C16.732295C0]
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Dear Simon
Thank you for the useful blog. Please could I have a copy of the summary of the Levelling-up and Regeneration Bill?
Kind regards,
Steen Smedegaard LARTPI
Principal Lawyer | Property and Planning | Legal
Phone: 07595 237645
1st Floor, Palestra, 197 Blackfriars Road, LONDON, SE1 8NJ
Email: steensmedegaard@tfl.gov.uksteensmedegaard@tfl.gov.uk
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Hi Simon, I hope you’re well and as always I very much enjoy your insights on all things planning.
I totally recognise that NSIP and TCPA often occupy different spheres but at heart they are both planning processes with many similarities, and, writing in a personal capacity, reading your post below I felt a huge amount of sympathy for my former colleagues in DLUHC across both TCPA and NSIP.
For me central govt policy making is perhaps the hardest role I’ve had in planning due to the inherent nature of it (having worked to Boris when he was Mayor and having been part of the IPC set up, I’ve definitely had some interesting career challenges).
From the outside it’s hard to separate the policy from the people but inside you do see how good and talented people are, how tricky policy is to develop and how hard everyone works.
Equally, whilst TCPA has its challenges, NSIP has successfully moved the dial on reform, the Action Plan was well received and following consultation to the best of my knowledge continues to have broad support, no mean feat in a contested space.
There is very little commentary on NSIP yet it covers the country, tackles some of the most complex schemes and has significant implications for the country’s medium and long term sustainability. It may fly under the radar but it’s where a lot of good stuff is happening that is often at the forefront of the planning profession – statutory pre-app, fast track, ‘one stop shop’ (ok, sort of), cross govt working (4 SoSs signed the Action Plan and see also the Autumn Statement infrastructure policy paper.
So I’d love to see an NSIP post one day that brings NSIP and it’s reform to a wider audience (recognising it is open to critique!) and very happy to chat if helpful.
All the best and have a really good Christmas and New year
Tom
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Tom – many thanks indeed for your comments and sorry it has taken me a couple of days to catch up. I would love to share some thoughts in the new year if you would be up for that? In the meantime have a great Christmas. Simon
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