Agenda item

This report seeks to draw Members attention to changes made to the National Planning Policy Framework at the end of last year.

The Committee considered the Assistant Director – Planning Strategy and Development Management’s urgent report that highlighted the latest key changes to the National Planning Policy Framework (NPPF) published by Government on 19 December 2023 and 20 December 2023 and how these changes would impact East Devon’s housing numbers requirement.

The Assistant Director – Planning Strategy and Development Management advised that on the whole the proposed changes would not significantly affect the council apart from the need to consider housing need and constraints which this council had commented during the NPPFs consultation stage should be taken into account as East Devon has high levels of constraints including Areas of National Landscape and areas of flooding.  He referred to paragraph 67 which states that authorities should establish a housing requirement figure for their whole area, which shows the extent to which their identified housing need (and any needs that cannot be met within neighbouring areas) can be met over the plan period.

Reference was made to paragraph 77 and paragraph 266 which advised that as the draft local plan was at the Regulation 18 stage it was identified that the housing requirement would now require the council to deliver a four-year housing land supply instead of a minimum of five years.  The details of how this would be calculated were not yet known but the Assistant Director – Planning Strategy and Development Management advised Members that there was still a need to bolster the housing supply as the Council would still need to demonstrate a five-year housing land supply position as part of the new Local Plan. 

Discussions covered:

·       Support expressed for Recommendation 1.

·       A concern was raised on the wording for Recommendation 3 – ‘a need to bolster the housing land supply position’ as this appears the council has already decided this.

·       The report had not picked up on a relevant concern about the change to neighbourhood plans in development management and reference was made to paragraph 14 of the NPPF states that neighbourhood plans will be considered up to date for up to five years of them being made which significantly boosts our towns and villages when guiding development.  In response the Assistant Director – Planning Strategy and Development Management advised Members that in the government’s response to the NPPF consultation they indicate that neighbourhood plans would need to have allocated a housing site to benefit from the protection.

·        A concern was raised about Simon Jupp MP December newsletter that stated that Government had made local housing targets advisory which was deceptive and dishonest.  In light of this comment it was suggested this Committee needs to make the wider public clear that the revised NPPF changes absolutely nothing for housing numbers in East Devon unless there are exceptional circumstances which this council does not have and therefore Government policy still requires this council to proceed with the standard method.  

·       It was suggested there were two options to calculating the four-year housing land supply.

·       Option 2 was not supported as it would not reduce the figure in the five-year housing land supply test is just reduces the time period it is measured.

·       Support was expressed for calculating the four-year housing land supply based on option 1 set out in the report.

·       Reference was made to paragraph 79 of the NPPF referring to the Housing Delivery Test which remains mostly unchanged.

In light of the comments made above Councillor Todd Olive proposed the following revised recommendations which were seconded by Councillor Dan Ledger.

1.          Note the changes to the NPPF as published on 20 December 2023 -strongly commend positive changes to the weight attributed to Neighbourhood Plans in development management decision-making.

2.          Request that the changes to the weight of Neighbourhood Plans be drawn to the attention of Parish Councils and Neighbourhood Plan Steering Groups without a made Neighbourhood Plan by the Neighbourhood Planning Officer.

3.          Note that changes to paragraphs 77 and 226 of the NPPF mean that the Council is only required to demonstrate a four-year housing land supply and Option 1 methodology be adopted for carrying out the revised test pending receipt of technical guidance from the Department of Levelling Up, Housing and Communities.

4.          Request that the Portfolio Holder for Strategic Planning, in consultation with the Assistant Director – Planning Strategy and Development Management make a public statement regarding the changes to the NPPF to emphasise that these do not alter or reduce the number of homes that the emerging Local Plan is require to allocate according to Government policy.

5.          Further request that the Portfolio Holder for Strategic Planning, in accordance with the Assistant Director – Planning Strategy and Development Management write to East Devon’s MPs to emphasise the issue set out in Recommendation 4.

Further comments received on the revised recommendations included:

·       On behalf of Members the Chair thanked the Assistant Director – Planning Strategy and Development Management and Councillor Todd Olive for going through the NPPF to see what the changes were and acknowledged it must have been hard going.

·       The Vice Chair requested to be included in drafting the public statement in recommendation 4 and letter to East Devon’s MPs in recommendation 5.

·       As of 20 December all appeals will need to be made on the new NPPF – we will need to wait to see how the Planning Inspectorate are viewing the four-year housing land supply requirement.

·       It was suggested to add the following words to the end of recommendation 3 ‘or a clear steer from the Planning Inspectorate to account for any string of appeals.

The Assistant Director - Planning Strategy and Development Management highlighted that the proposed recommendations do not address the ongoing need to bolster the housing land supply position to ensure that a five-year housing land supply position can be shown at adoption of the Local Plan.  Following questions, he advised that under the EDDC Constitution it was for Strategic Planning Committee to advise Planning Committee on this issue.

RESOLVED:

1.          The changes to the NPPF as published on 20 December 2023 be noted and positive changes to the weight attributed to Neighbourhood Plans in development management decision-making be strongly commended.

2.          Request that the changes to the weight of Neighbourhood Plans be drawn to the attention of Parish Councils and Neighbourhood Plan Steering Groups without a made Neighbourhood Plan by the Neighbourhood Planning Officer.

3.          To note that changes to paragraphs 77 and 226 of the NPPF mean that the Council is only required to demonstrate a four-year housing land supply and Option 1 methodology be adopted for carrying out the revised test pending receipt of a technical guidance from the Department of Levelling Up, Housing and Communities or a clear steer from the Planning Inspectorate taking into account any appeal decisions.

4.          Request that the Portfolio Holder for Strategic Planning, in consultation with the Assistant Director – Planning Strategy and Development Management and Vice Chair of Strategic Planning Committee make a public statement regarding the changes to the NPPF to emphasise that these do not alter or reduce the number of homes that the emerging Local Plan is required to allocate according to Government policy.

5.           Further request that the Portfolio Holder for Strategic Planning, in accordance with the Assistant Director – Planning Strategy and Development Management and Vice Chair of Strategic Planning Committee write to East Devon’s MPs to emphasise the issue set out in Recommendation 4.