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NPPF transitional provisions give 12 months leeway


The policies in the National Planning Policy Framework (NPPF) came into effect yesterday but transitional provisions will allow 12 months protection for some local plans, the Government said. 

"I have introduced transitional arrangements suggested by, and agreed with, the Local Government Association," said Greg Clark, introducing the new Policy, which provides differing protection for pre 2004, post 2004 and emerging plans.

The "transitional arrangements" are contained in annex one of the NPPF (72-page / 1.3MB PDF), which states that "the NPPF aims to strengthen local decision making and reinforce the importance of up-to-date plans".

The policies in local plans and the London plan should not be considered out of date simply because they were adopted prior to the publication of the NPPF, the Government said.

“The changes since the draft are almost all sensible. The final wording will of course need careful scrutiny," said Richard Ford, a planning expert at Pinsent Masons, the law firm behind Out-Law.com. "Immediate points to scrutinise include the extent of the conformity which is required for post-2004 local plans to have effect for the next 12 months", he said.

For policies adopted since 2004, planning authorities may continue to give full weight to the policies for 12 months from the day of publication of the NPPF (27 March), "even if there is a limited degree of conflict with this Framework", the NPPF said. 

In cases where plans predate 2004, and following this 12 month transitional period, "due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework", the NPPF said. The closer the policies in the plan are to the policies in the Framework, the greater the weight that may be given to them, it said.

Emerging plans are also accorded some protection. From the day of publication of the NPPF decision takers may give weight to relevant policies in emerging plans according to their stage of preparation, any unresolved objections and their degree of consistency with the Framework.

The more advanced a plan is, the less significant the unresolved objection is, and the closer the policies are in the emerging plan to the policies in the Framework, the greater the weight that may be given to the policy, the NPPF said.

The Government also announced that it has set up a "support service" to assist local planning authorities in considering the need to update their local plan and taking forward efficient and effective reviews, the Government said.

Advice will be available immediately and free of charge from the service, which will be provided by the Local Government Association, the Planning Inspectorate, and the Department for Communities and Local Government. 

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