National Planning Policy Framework
Debate between Matthew Pennycook and Tessa Munt(2 weeks, 3 days ago)
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Matthew Pennycook
We have had this debate many times. I will come on to housing targets and the fact that if there is an up-to-date local plan in place, the housing targets do not need to be immediately revised. On the specific point about rural affordable housing, the framework makes it easier for rural exception sites to come forward through clearer national policy. It makes it far easier for rural authorities to require affordable housing on smaller sites, including removing the need for legislative designation.
We have received over 20,000 responses to the consultation. We have made very good progress in analysing the responses and making final policy decisions, but unfortunately, as a result of the announcement made by the Prime Minister on 22 June that he was resigning as Prime Minister and leader of the Labour Party and the associated constraints on Government business in the period ahead of the summer recess, including the prohibition on initiating new policy commitments, it has not been possible to respond to the consultation and publish the final framework before the summer recess. We will seek to do so in due course.
The issue of flooding, which was raised by the hon. Member for Wells and Mendip Hills, is of particular concern in her constituency, as she made clear. The NPPF outlines a sequential approach to flood risk management, requiring inappropriate development to be directed away from areas at highest risk and providing strong safeguards where development is necessary in those areas. In plan making, a sequential approach should be employed. That involves applying the sequential test and, if needed, the exception test. In decision making, where necessary, planning authorities also apply the sequential test and, if needed, the exception test to ensure that flood risk is minimised and appropriately addressed.
Tessa Munt
I wonder how the High Court came to its decision over the site in Yatton. What the Minister says sounds good to me, but it can be swept away because the NPPF is what the judge decreed was the way to go and, because there is a need for homes, the sequential test can be completely ignored.
Matthew Pennycook
That is not quite my reading of the Yatton judgment. The judge confirmed that even if a site fails the formal sequential test for flood risk, elements of the exception test remain valid material considerations that can outweigh flood risk under the tilted balance in paragraph 11(d). The High Court made a judgment in that case on the application of the policy, but it applies, as I have set out—[Interruption.] I will give way briefly, but I do want to cover the other issues raised in the debate.
Tessa Munt
Will the Minister meet me and those in my constituency who are particularly concerned about this to discuss it?
Matthew Pennycook
If I remain in post after the summer recess, I will be more than happy to meet the hon. Lady.
Where the sequential and exception tests have been applied as necessary and are not met, the framework is clear that development should not be allowed. I want to push back gently on the assertions made by the hon. Lady and the Liberal Democrat spokesman, the hon. Member for Taunton and Wellington, that we have weakened the sequential test. We have not weakened the sequential test in any way. We have clarified through changes to the PPG the triggers for the sequential test as well as its application, but we have not weakened it. If it is found necessary to build homes in areas of flood risk, the statutory guidance accompanying the building regulations promotes flood-resilient building work in flood-prone areas through approved document C, and the framework makes it clear that developments of all sizes should use sustainable drainage techniques where the development could have drainage impacts.
The draft NPPF that we have consulted on includes a dedicated chapter on planning for flood risk and coastal change. This seeks to clarify how existing policies should operate and aligns the NPPF with recent updates to planning guidance. It also included policies incorporating a new requirement that sustainable drainage systems should be designed in accordance with the national standards for sustainable drainage systems to provide a consistent basis for improving their design.
On the presumption in favour of sustainable development, we are trying to drive up the coverage of up-to-date local plans. Several hon. Members have spoken today who represent areas that do not have up-to-date local plans and five-year housing land supplies. We are making great progress in driving up plan coverage. Over 60% more local plans are at examination now than at this time last year, but it will take time to boost coverage. It is important, where policies are not up to date or where there is an insufficient supply of land, that there is a fallback to encourage planning permission to be granted, and that is what the presumption provides for.
However, the NPPF we published in December 2024 not only improved the operation of the presumption by clarifying the circumstances in which it applies, but introduced new safeguards to make it clear that its application cannot justify poor-quality development. Under the revised draft presumption published for consultation last year, the default support in principle is turned off in certain situations, including where the development would conflict with sites allocated for specific uses or would use parks and open space or land identified for flood risk management. It would also be disapplied where development does not achieve acceptable standards in relation to harm to nature, heritage assets, flood risk, design and being an effective use of land.
I have only a short time available to me and a wide range of other issues were raised. I will touch on each briefly. On our housing target and the standard method we have introduced, in our view the new method better responds to affordability pressures by using a higher affordability adjustment in its calculation. That recognises the importance of housing affordability in assessing housing need and helps direct more homes to where they are most needed and least affordable. It also provides greater certainty to the sector through more stable and predictable housing numbers, compared with the previous approach that relied on out-of-date demographic predictions and unevidenced and arbitrary judgments.
On brownfield, grey-belt and green-belt land, the hon. Member for Orpington knows full well that we strengthened the policy in the December 2024 NPPF on brownfield land. We have gone further in the draft framework that is out for consultation. It is not the case that there is enough brownfield land, particularly not viable land in the right locations on brownfield land registers across the country. In certain exceptional circumstances, local authorities need to release green-belt land. We ask them when they do so to explore all options in maximising brownfield land, working with neighbouring authorities and where necessary reviewing their green belt.
The definition of grey belt is set out in the glossary of the NPPF. There is no confusion about what it means. Where grey belt is being brought forward, it cannot fundamentally undermine the policies of the green belt across the wider plan area; we included that safeguard in the framework.
On train stations, the right hon. Member for East Hampshire (Damian Hinds) was right that we want more development to come forward in sustainable locations around train stations. We obviously took a different approach to all stations, as opposed to well-connected stations, where we are looking for higher minimum densities to come forward. I must be clear that the proposals do not grant automatic permission on suitable sites or remove appropriate local oversight of the development control process. They add weight to what needs to be considered as part of an overall planning judgment, as is the case with all material considerations.
I will not dwell on rural or urban housing targets. I have said before and say again that across city regions the new standard method increases targets by 20% and, through that, housing growth is directed to a wider range of urban areas and smaller cities as well as our larger city areas.
I commend the hon. Member for Wells and Mendip Hills and the Backbench Business Committee for giving the House an opportunity to debate these important matters. Over the past two years, the Government have sought to revamp the planning system to ensure that it will facilitate the delivery of high and sustainable rates of house building and high-quality infrastructure in the years ahead. To the point on infrastructure, the new NPPF strengthens expectations in that area as well.
More needs to be done to transform the failing housing system we inherited, but the revised NPPF we published in December 2024 and the wholly restructured framework we will publish in due course are integral to our plans to improve housing availability, affordability and quality in this Parliament. I thank all hon. Members for their considered contributions today and wish them all, and you, Sir Desmond, an enjoyable and productive summer recess.
Commonhold and Leasehold Reform
Debate between Matthew Pennycook and Tessa Munt(6 months ago)
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Matthew Pennycook
It is certainly not our intention to allow any loopholes into the legislation. That is precisely why we have brought forward a draft Bill rather than a final product. Such is the complexity and technical nature of the reform we are enacting that the additional and enhanced scrutiny to be provided by the Housing, Communities and Local Government Committee will be invaluable.
Tessa Munt (Wells and Mendip Hills) (LD)
I welcome the Minister’s announcement and I know that it will bring some joy, particularly with the further announcements he is going to make later in the Parliament, to many of the residents in my part of the west country. May I draw his attention to the housing with care sector? I am talking not about those gated communities that have a caretaker or somebody who cuts the grass, but about charities such as the St Monica Trust that provide some affordable rents and shared ownership but mostly provide leasehold purchase with a guaranteed buy-back and resale. This gives them a way of updating their contracts for residents and maintaining affordability. These organisations are really concerned that there will be an unnuanced ban on new leasehold care-led retirement living apartments. What consideration has the Minister given to the housing with care sector having some protection, and his attention?
Matthew Pennycook
The draft Bill, as published, includes exemptions that mirror the ground rent exemptions for new leases entered into since 30 July 2022, based on that previous Act of Parliament, but we will consider through the pre-legislative scrutiny process whether other exemptions would be appropriate for a small number of leases granted for specialist purposes. I can assure the hon. Member that I have given consideration, and will give further consideration, to the matter she raises.