The planning industry is still navigating the effect of the revised National Planning Policy Framework (NPPF) published 24 July 2018. One impact beginning to arise is the potential for Local Planning Authorities (LPAs) to avoid meaningful revisions of their Local Plans, however a proportion of Plans adopted since the original NPPF in 2012 have suddenly found themselves at risk of being out of date.

Last week it emerged that Woking Borough Council in Surrey is advocating no new Local Plan for the foreseeable future. This is despite its current Core Strategy now being over five years old. The Council has said that its stance is based on guidance from the Ministry of Housing, Communities and Local Government (MHCLG), which confirmed to its officers that the 2018 NPPF requires only an internal review of Local Plans every five years.

While one interpretation of  Paragraph 33 of the 2018 NPPF is that a formal Local Plan Review must be undertaken every five years, some LPAs are interpreting this as an internal review to identify if a formal revision or amendment of the Plan is necessary. The question then is whether such decisions will be subject to scrutiny? 

Woking Borough Coucil believes that because the current Core Strategy is sufficiently in accordance with the NPPF new strategic policies in the form of a new Local Plan are not required.

However, no new Local Plan means no new Plan period. 

In the case of Woking, the Council has stated its new Site Allocations Plan, due for a Regulation 19 consultation next month, will be in conformity with the Core Strategy and its plan period of 2010-2027. Assuming adoption next year, the policies will only be planning for eight years (2019-2027). Taken literally, this would fall foul of the 15-year requirement of the 2018 NPPF.

A pertinent question is whether LPAs should be undertaking a proper Plan Review, at least of the strategic policies, to address changes in the housing requirement. This is evident on the basis of the launch of the standard methodology (and subsequent proposed amendment). And Woking is not the only Council using this strategy. Wiltshire Council’s submitted Housing Site Allocations Plan will be based on the plan period from the 2015 Wiltshire Council Core Strategy, meaning on adoption next year it will only be planning for seven years.

Although this Plan was being prepared long before the 2018 NPPF, it demonstrates a loophole within the NPPF which allows LPAs to avoid the standardised methodology for the time being. However, the same trend is also being seen in authorities where the new OAN will not result in a significant change, such as South Northamptonshire Council and Allerdale Borough Council. Both are currently consulting on Part 2 of their Local Plans following adoption of Part 1 in 2014.

What is needed is clear and public guidance on the matter. On publication of the NPPF Revision, the industry had hoped for regular and swift Local Plan Reviews, focused on what matters, the key strategic policies, notably housing. In time, expect more ‘reviews’ which at first may deceive.

Further information

Contact Savills Planning