2.1. National Planning Policy Framework (NPPF)
2.1.1. The National Planning Policy Framework (December 2024) sets out the government’s planning policies for England(1). While the NPPF should be read as a whole, the following extracts are considered particularly relevant to the justification and shaping of the Flexible Settlements Policy.
2.1.2. In terms of setting out the purpose of the planning system, Paragraph 7 states:
The purpose of the planning system is to contribute to the achievement of sustainable development, including the provision of homes, commercial development and supporting infrastructure in a sustainable manner.
2.1.3. Paragraph 10 states that “at the heart of the Framework is a presumption in favour of sustainable development.” Paragraph 11 explains that for planmaking this means:
a) all plans should promote a sustainable pattern of development that seeks to: meet the development needs of their area; align growth and infrastructure; improve the environment; mitigate climate change (including by making effective use of land in urban areas) and adapt to its effects;
b) strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas, unless:
i. the application of policies in this Framework that protect areas
or assets of particular importance provides a strong reason for
restricting the overall scale, type or distribution of development
in the plan area (see footnote 7); or
ii. any adverse impacts of doing so would significantly and
demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
2.1.4. In terms of policies in the NPPF that provide a strong reason for restricting development, footnote 7 lists the following:
- habitats sites (and those sites listed in paragraph 194) and/or designated as Sites of Special Scientific Interest;
- land designated as Green Belt, Local Green Space, a National Landscape, a National Park (or within the Broads Authority) or defined as Heritage Coast;
- irreplaceable habitats;
- designated heritage assets (and other heritage assets of archaeological interest referred to in footnote 75); and
- areas at risk of flooding or coastal change.
2.1.5. In terms of delivering a sufficient supply of homes, paragraphs 61 to 62 state:
61. To support the Government’s objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay. The overall aim should be to meet an area’s identified housing need, including with an appropriate mix of housing types for the local community.
62. To determine the minimum number of homes needed, strategic policies should be informed by a local housing need assessment, conducted using the standard method in national planning practice guidance. In addition to the local housing need figure, any needs that cannot be met within neighbouring areas should also be taken into account in establishing the amount of housing to be planned for.
2.1.6. In terms of identifying land for homes, paragraphs 72, 73 and 75 state:
72. Strategic policy-making authorities should have a clear understanding of the land available in their area through the preparation of a strategic housing land availability assessment. From this, planning policies should identify a sufficient supply and mix of sites, taking into account their availability, suitability and likely economic viability. Planning policies should identify a supply of:
a) specific, deliverable sites for five years following the intended date of adoption; and
b) specific, developable sites or broad locations for growth, for the subsequent years 6-10 and, where possible, for years 11-15 of the remaining plan period.
73. Small and medium sized sites can make an important contribution to meeting the housing requirement of an area, are essential for Small and Medium Enterprise housebuilders to deliver new homes, and are often built out relatively quickly. To promote the development of a good mix of sites local planning authorities should:
a) identify, through the development plan and brownfield registers, land to accommodate at least 10% of their housing requirement on sites no larger than one hectare; unless it can be shown, through the preparation of relevant plan policies, that there are strong reasons why this 10% target cannot be achieved;
b) seek opportunities, through policies and decisions, to support small sites to come forward for community-led development for housing and self-build and custom-build housing;
c) use tools such as area-wide design assessments, permission in principle and Local Development Orders to help bring small and medium sized sites forward;
d) support the development of windfall sites through their policies and decisions – giving great weight to the benefits of using suitable sites within existing settlements for homes; and
e) work with developers to encourage the sub-division of large sites where this could help to speed up the delivery of homes.
75. Where an allowance is to be made for windfall sites as part of anticipated supply, there should be compelling evidence that they will provide a reliable source of supply. Any allowance should be realistic having regard to the strategic housing land availability assessment, historic windfall delivery rates and expected future trends. Plans should consider the case for setting out policies to resist inappropriate development of residential gardens, for example where development would cause harm to the local area.
2.1.7. In terms of rural housing, paragraphs 82 to 84 state:
82. In rural areas, planning policies and decisions should be responsive to local circumstances and support housing developments that reflect local needs, including proposals for community-led development for housing. Local planning authorities should support opportunities to bring forward rural exception sites that will provide affordable housing to meet identified local needs, and consider whether allowing some market housing on these sites would help to facilitate this.
83. To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby.
84. Planning policies and decisions should avoid the development of isolated homes in the countryside unless one or more of the following circumstances apply:
a. there is an essential need for a rural worker, including those taking majority control of a farm business, to live permanently at or near their place of work in the countryside;
b. the development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets;
c. the development would re-use redundant or disused buildings and enhance its immediate setting;
d. the development would involve the subdivision of an existing residential building; or
e. the design is of exceptional quality, in that it:
i. is truly outstanding, reflecting the highest standards in
architecture, and would help to raise standards of design
more generally in rural areas; and
ii. would significantly enhance its immediate setting, and be
sensitive to the defining characteristics of the local area.
2.1.8. In terms of achieving appropriate densities, paragraph 129 states:
Planning policies and decisions should support development that makes efficient use of land, taking into account:
a. the identified need for different types of housing and other forms of development, and the availability of land suitable for accommodating it;
b. local market conditions and viability;
c. the availability and capacity of infrastructure and services – both existing and proposed – as well as their potential for further improvement and the scope to promote sustainable travel modes that limit future car use;
d. the desirability of maintaining an area’s prevailing character and setting (including residential gardens), or of promoting regeneration and change; and
e. the importance of securing well-designed, attractive and healthy places.
2.1.9. In terms of protecting Green Belt land, paragraph 142 states:
The government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.
2.1.10. In terms of conserving and enhancing the natural environment, paragraph 187 states:
Planning policies and decisions should contribute to and enhance the natural and local environment by:
a. protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan);
b. recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services – including the economic and other benefits of the best and most versatile agricultural land, and of trees and woodland;
c. maintaining the character of the undeveloped coast, while improving public access to it where appropriate;
d. minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures and incorporating features which support priority or threatened species such as swifts, bats and hedgehogs;
e. preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. Development should, wherever possible, help to improve local environmental conditions such as air and water quality, taking into account relevant information such as river basin management plans; and
f. remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.
2.1.11. In terms of development in National Landscapes and Heritage Coast areas, paragraphs 189, 190 and 191 state:
189. Great weight should be given to conserving and enhancing landscape and scenic beauty in National Parks, the Broads and National Landscapes which have the highest status of protection in relation to these issues. The conservation and enhancement of wildlife and cultural heritage are also important considerations in these areas, and should be given great weight in National Parks and the Broads. The scale and extent of development within all these designated areas should be limited, while development within their setting should be sensitively located and designed to avoid or minimise adverse impacts on the designated areas
190. When considering applications for development within National Parks, the Broads and National Landscapes, permission should be refused for major development other than in exceptional circumstances, and where it can be demonstrated that the development is in the public interest. Consideration of such applications should include an assessment of:
a. the need for the development, including in terms of any national considerations, and the impact of permitting it, or refusing it, upon the local economy;
b. the cost of, and scope for, developing outside the designated area, or meeting the need for it in some other way; and
c. any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated.
191. Within areas defined as Heritage Coast (and that do not already fall within one of the designated areas mentioned in paragraph 189), planning policies and decisions should be consistent with the special character of the area and the importance of its conservation. Major development within a Heritage Coast is unlikely to be appropriate, unless it is compatible with its special character.
2.1.12. In terms of considering potential harm to heritage assets, paragraph 212 states:
When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance.
(1) Available from National Planning Policy Framework.
2.2. Planning Practice Guidance (PPG)
2.2.1. In addition to the NPPF, there are a large number of Planning Practice Guidance documents published by the government(2). These tend to provide more technical detail and expand on principles established in the NPPF.
2.2.2. Most PPGs are not directly relevant to the formation of the Flexible Settlement Policy. The following may be of some use to understanding the wider context:
Figure 3.1: shows relevant PPG
Planning Practice Guidance |
Topics covered |
Housing and economic needs assessment |
Calculating the local housing need figure using the Standard Method |
Housing supply and delivery |
5-year housing land supply Housing Delivery Test |
(2) Available from planning practice guidance.