The Government is set to consult on National Development Management Policies (NDMPs) next year.
The housing minister Matthew Pennycook MP says that it will then publish another ‘slimmed down’ National Planning Policy Framework (NPPF), which will be focused solely on plan-making.
KPPC Planning Director Adam Bennett has set out what the implications for this could be and where issues may arise.
He said: “It will be interesting to hear how the Government intends to deal with the interplay between NDMPs and those policies of the many Local Development Plans which will remain in place.
“We can foresee a position where there is a rub and conflict between local and national policy in this respect before local plans are reviewed.
“It will be important for the Government to make clear that national policy in this respect, being the most up to date policy document, should take primacy in order to avoid what could be many difficult conversations with the planning authorities.
“There is evidently legitimate concern over which policy will trump the other. If national policy is not to take primacy in this respect, there would seem little point in trying to centralise this issue at a national level.
“With respect to some matters such as the consideration of designated and non-designated heritage assets, it is very much the case that Local Plans already defer to the policies of the NPPF and the Planning (Listed Buildings and Conservation Areas) Act (1990), so there is precedent to work from in this regard.
“Indeed, tackling common higher level issues in a common sense and consistent manner could provide greater clarity for the planning system.
“There is particular guidance and direction required on the approach to flood risk, and how flooding should be considered from all sources, fluvial, surface water, and ground water; particularly with reference to the application of the sequential test.
“We look eagerly to the next court judgment in the Redrow/Mead v SoS [2024] EWHC 279 (Admin) case; which has been considering this issue.”
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