The Ministry for Housing, Communities and Local Government are consulting on draft amendments to the National Planning Policy Framework (NPPF) until 24th September.  Proposed changes will apply across England and those approved will swiftly become adopted policy with the aim of delivering growth.  

Regardless of the final amendments, we are anticipating, and already starting to see, a significant uptick of interest for land with increased potential for the delivery of housing, energy and infrastructure schemes.  For landowners who are approached by third parties interested in taking a specific project forward, it is more important than ever that they seek comprehensive and specialist advice from experienced professionals with sector specific experience. 

There are a lot of detailed changes to the NPPF but the general intentions can be summarised as follows:  

Housing 

The Standard Method used by local planning authorities to determine housing requirements will be revised. Generally, this will increase the number of houses required by the more rural authorities – those that have arguably been most defensive towards the release of greenfield land.    Coupled with this, the presumption in favour of sustainable development will be strengthened where authorities cannot demonstrate a sufficient supply of land for houses.   

We anticipate a flurry of applications for ‘windfall’ sites soon after the NPPF changes are adopted and before local authorities can update their local requirements and allocations.  Landowners are being approached by developers seeking option or promotion agreements.  It is important for landowners to consider the ability of any development partner to progress their plans efficiently and effectively and not to just focus on the commercial terms. 

Energy    

The benefits of all renewable and low-carbon energy sources will be given greater support across England.  We will see the return of onshore wind and key constraints for solar projects will be relaxed.  Developers are ramping up interest in new sites and are re-invigorating previously mothballed schemes with many landowners being approached by multiple interested parties. 

Although planning support may improve, physical constraints will still hinder energy projects with grid connection remaining the single biggest issue.  Landowners should be wary of tying themselves into long-term development agreements that do not have performance milestones and the ability for early termination.  Consideration should also be given to the realistic opportunity of hosting electricity-generating plant to which rental payments are linked.  Some developers may propose unrealistic plans to cheaply tie up access and connection routes that are critical to the overall development. 

Infrastructure  

Plans to review and speed up the delivery of Nationally Significant Infrastructure Projects (NSIP’s) were well underway when the new Labour Government came into power, but these proposals will be cemented through revisions to the NPPF.  Changes will see new road, rail and energy schemes move through the consenting process more rapidly and affected landowners will have less time to formally engage with scheme promoters.  Representations at hearings and inquiries will becoming increasingly important to ensure the impact of, and protection against, any compulsory acquisition powers is fully explored. 

There will be lots of development opportunity for landowners in the next few years, but these will need to be balanced against the commercial possibilities from the emerging environmental markets for carbon and biodiversity as well as the existing business requirements and succession planning.  The future is bright for rural business across England, but it’s no longer driven by sustainable and indigenous food production.