Who knew! Michael Gove is a magician…. Now you see it… now you don’t. With one sentence of his pre-Christmas NPPF announcement Councils could set their own housing targets and with another oh no they can’t. The revised NPPF has been a bit of pantomime. Gove announced the review of planning laws over a year ago Christmas 2022. He promised to publish his response in March, then it was in October and finally he did publish it a few days before Christmas.
Local Councils will still need to determine their housing target using the standard method. Planning Inspectors are not going to allow anything other than the standard method, which remains the legal starting point. As Nick Ridley said: ‘Send me your plans and I’ll send you my inspectors.’
When is greenbelt sacrosanct? When you have exceptional circumstances that mean you can’t breach it. Exceptional circumstances being something in your local authority area that no other Council in the entire country has. If you do have exceptional circumstances then DHLUC will have to agree with you first before you run off thinking you can stop housebuilding.
When is a 5 year housing land supply a 4 year housing land supply? When good councils progress their local plans, starting with using the standard method for calculating the housing number, and they have a Regulation 18 consultation underway at least. Then councils can then fall back on the loop hole Gove has created where they can apply a 4 year land supply with the five year period.
What does all of this hyperbole mean. It means change is more apparent than real. It’s more words in a speech to appease Tory backbenchers than actual changes that will curtail housebuilding. It’s always wise to look to the small print and any good KC will advise you that the target of 300,000 homes a year and the desire to have councils adopt local plans remains the core driver. Any council waiting on more changes, or for these perceived changes to actually mean they suddenly have the power to do as they please will be sorely disappointed.
The truth is that you would be forgiven for listening to Gove and his junior ministers and believing what you hear. Not that Labour have an idea either as the only real position taken so far by Angela Raynor is to confirm that they would impose top down targets and they want 1.5 million homes, raising the bar from the Tories 1 million target over 4 years.
There is something to be said for burying bad news on top of Christmas, but it wasn’t the bad news the development industry thought it was.
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