The National Planning Policy Framework (NPPF) sets out government planning policy for England. It was published by the Department for Communities and Local Government (now the Ministry of Housing, Communities and Local Government (MHCLG)) on 27 March 2012 and can be downloaded from the MHCLG website.

The NPPF followed a commitment made in the 2010 Coalition Agreement to ‘publish and present to Parliament a simple and consolidated national planning framework covering all forms of development and setting out national economic, environmental and social priorities’. The then-Minister for Planning and Decentralisation, Greg Clark MP, suggested it introduced a simpler and more accessible approach to planning policy.

The framework replaces a wide range of previous planning policy statements and planning policy guidance (see Planning policy replaced by the NPPF). It is commonly cited as having reduced planning policy from over 1,000 pages to around 50, but in fact, unless specifically revoked by the framework, existing policies remain effective.

In 2012, the coalition government commissioned the Taylor Report, a further review of the remaining planning policy guidance. A complete set of the legislation, policy and guidance that underpins planning in England can be found on the government’s National Planning Practice Guidance website.

 

 

Principles

The NPPF dismantles the regional planning apparatus and introduces neighbourhood planning in order to create ‘ … a framework within which local people and their accountable councils can produce their own distinctive local and neighbourhood plans, which reflect the needs and priorities of their communities.’ The framework states in no uncertain terms that ‘the purpose of planning is to help achieve sustainable development……Development that is sustainable should go ahead, without delay.’

It defines three mutually dependent dimensions to sustainable development:

• Economic
• Social
• Environmental

The framework sets out 12 core principles that should underpin plan making and decision taking which are presented in summary below.

Plan making and decision making:

• Genuinely plan-led.
• Should be a creative exercise, not just one of scrutiny.
• Proactive in driving and supporting sustainable development.
• Should seek and secure high quality.
• Take account of the diverse character of different areas.
• Should support the transition to a climate-resilient, low-carbon economy.
• Contribute to conserving and enhancing the natural environment and reducing pollution.
• Should encourage the use of brownfield land.
• Encourage mixed-use development.
• Should conserve heritage.
• Maximise the use of public transport, walking and cycling.
• Should support health, social and cultural wellbeing.

The framework then sets out detailed guidance under 13 subheadings that contribute to delivering sustainable development:

• Building a strong, competitive economy.
• Ensuring the vitality of town centres.
• Supporting a prosperous rural economy.
• Promoting sustainable transport.
• Supporting high-quality communications infrastructure.
• Delivering a wide choice of high-quality homes.
• Requiring good design.
• Promoting healthy communities.
• Protecting Green Belt land.
• Meeting the challenge of climate change, flooding and coastal change.
• Conserving and enhancing the natural environment.
• Conserving and enhancing the historic environment.
• Facilitating the sustainable use of minerals.

Local plans

Local plans should be prepared by each local authority for its area. They should contribute to the achievement of sustainable development and set out over a 15-year time horizon ‘…the opportunities for development and clear policies on what will or will not be permitted and where…’

The framework proposes proactive engagement and collaboration with neighbourhoods, local organisations and businesses as well as co-operation with neighbouring authorities, public, voluntary and private sector organisations. It also proposes improving the efficiency of the application process through pre-application engagement by the applicant with the local authority, other consenting bodies and the local community. This should include discussing what information should be submitted as part of the application.

The framework sets out strategic priorities that should be included in local plans and makes clear that local plans will be examined by an independent inspector. Proposed developments that are in accordance with an up to date local plan should be approved without delay, whilst those that conflict with an up to date local plan should be refused (unless material considerations indicate otherwise).

This puts an emphasis on the local plan being up to date. The framework states that If a plan is absent, silent or out of date, permission should be granted, unless there are significant and demonstrable reasons not to grant permission. Local authorities were given a 12-month transition period to ensure that existing plans conform with the framework. However, when the transition period came to an end in March 2013, just half of the local authorities had adopted local plans in place and the Planning Inspectorate revealed that only 7% of those local plans complied with the requirements of the NPPF (ref. Planning Resource).

Neighbourhood planning

Parishes and neighbourhood forums are given the power to develop a neighbourhood plan for their neighbourhood. Neighbourhood plans must conform with the strategic policies in the local plan but take precedence over non-strategic policies in the local plan where they are in conflict.

Parishes and neighbourhood forums are given the power to grant planning permission for developments through Neighbourhood Development Orders and Community Right to Build Orders. Neighbourhood Development Orders and Community Right to Build Orders require a local referendum. Where a planning application conflicts with a neighbourhood plan planning permission will not normally be granted.

Criticisms

A number of significant concerns have been raised about the framework and its implementation:

• There may be unintended consequences resulting from such a significant change being made so quickly.
• There is ambiguity about the precise meaning of phrases such as ‘sustainability’.
• The framework says little about spatial planning or place making.
• It is questionable whether there are adequate resources available to implement the changes that the framework brings about.
• There is a lack of guidance for local communities.
• It is not clear how the framework tackles the lack of housing.
• It is not clear whether local plans will be able to retain control over development.

The Taylor Report has come very close on the heels of the National Planning Policy Framework and there are concerns that the planning system could be thrown into disarray. Some campaigners have described the findings of the review as giving the go ahead for a bonfire of planning rules, creating a charter for development and putting the countryside at risk.

In April 2014, the all-party Commons Communities and Local Government Committee launched an inquiry into the operation of the NPPF. The inquiry found weaknesses in the NPPF and proposed a number of changes that could be made to strengthen it. See NPPF inquiry for more information. In March 2015, a survey of residential developers and housing associations by accountancy and business advisory firm BDO found that 52% per cent felt the NPPF had made no difference, 19% per cent said it had inhibited the process and only 29% believed it had been helpful.

Reform

On 7 December 2015, the Department for Communities and Local Government launched a consultation seeking views on changes to the NPPF to support the delivery of new homes, including low cost homes for first time buyers. See Consultation on proposed changes to national planning policy for more information.

In April 2016, the Communities & Local Government (CLG) Committee published ‘Department for Communities and Local Government’s consultation on national planning policy’ in which they called for a comprehensive review of the NPPF before the end of the Parliament, pointing out that there had been, ‘…no robust, objective or evidence-based monitoring, evaluation or review’ since it was first published in 2012.On 30 January 2018, in a letter to local authorities, the Chief Planning Officer confirmed that the NPPF was being revised to implement the planning reform package set out in the housing White Paper, the Planning for the right homes in the right places consultation and the announcements made in the 2017 Autumn Budget.

Overhaul announcement

On 5 March 2018, Prime Minister Theresa May launched the overhaul of the NPPF, aiming to maximise the use of land, strengthen Green Belt protections and place a greater emphasis on converting planning permissions into built homes. Mrs May said the cost of housing, both for ownership and rent, was reinforcing economic divisions and leading to growing social immobility, with public sector workers unable to take jobs in certain parts of the country. She said; “The result is a vicious circle from which most people can only escape with help from the bank of mum and dad. Talking to voters during last year’s election campaign, it was clear that many people, particularly younger people, are angry about this … They’re right to be angry.”

Pending a consultation, May said the existing NPPF will be overhauled with up to 80 proposals first put forward in 2017 being implemented. The key measures include:

• 10% of homes on major sites should be available for affordable home ownership.
• Builders should be more open about affordable housing commitments at the planning stage.
• Before issuing future planning permission, local authorities will be able to take into account the speed with which a developer builds on a site. Councils will also be able to consider revoking planning permission after two years if the building has not begun.
• Councils will have to adopt a new nationwide standard showing housing need in their areas.
• Infrastructure will need to be considered at the pre-planning stage.
• Ancient woodland and aged trees will get specific protection.
• Homeowners will be able to add two storeys to existing properties.

But May’s accusation of obstruction on the part of some councils led to a strong response from the chair of the Local Government Association Gary Porter, who said: “The truth is that councils are currently approving nine in 10 planning applications, which shows that the planning system is working well and is not a barrier to building. Nearly three-quarters (73%) of planning refusals are upheld on appeal, vindicating councils’ original decisions. It is completely wrong, therefore, to suggest the country’s failure to build the housing it desperately needs is down to councils.”

Furthermore, Porter said that the government’s proposal to appoint independent inspectors where councils were considered to be blocking housing development was “unhelpful and misguided.” He also called for councils to be able to borrow to build their own houses, a proposal in line with Labour’s housing policy, and one that has been rejected by government. In response to May’s speech, shadow Housing Minister John Healey said; “This housing crisis is made in Downing Street. It’s time the Tories changed course, and backed Labour’s long-term plan to build the genuinely affordable homes.”

Revised National Planning Policy Framework

In July 2018, following the public consultation, the government published a revised NPPF. The new framework focusses on the following key areas:

• Promoting high-quality design for new homes and places.
• Offering stronger protection for the environment.
• Constructing the right number of homes in the right places.
• Focusing on greater responsibility and accountability of councils and developers for housing delivery.

The revised framework will enable councils to refuse planning permission for any development that does not prioritise design quality or adequately complement its surroundings. It will also encourage councils to adopt new visual tools to promote better design and quality.

Councils will be able to use the new ‘rulebook’ to calculate the housing need for their community and deliver more housing when it is most needed. From November 2018, a Housing Delivery Test will be available, helping to drive up the number of homes delivered in an area. In terms of the environment, the framework was updated to further protect biodiversity by more closely aligning the planning system with Defra’s 25-year Environment Plan. Not only does this plan protect habitats, it also emphasises air quality protection in relation to development proposals.

Secretary Of State

Secretary of State for Communities, Rt Hon James Brokenshire MP said; “Fundamental to building the homes our country needs is ensuring that our planning system is fit for the future. This revised planning framework sets out our vision of a planning system that delivers the homes we need. I am clear that quantity must never compromise the quality of what is built, and this is reflected in the new rules.”

However, the revised NPPF received some criticism, with the NFB chief executive Richard Beresford suggesting that; “The government has missed a golden opportunity to put this country on the road to addressing its housing crisis and solving the broken housing market.” John Acres, RTPI President, said; “…we must recognise the significant pressure the new NPPF requirements will put on local authority planning teams. It is imperative that chief executives, council leaders and politicians resource planning departments sufficiently, particularly as they will now be held more accountable for delivery under the housing delivery test and are expected to carry out more regular reviews of their plans.”

Find out how we can help you or get in touch to find out more.

 

What is a Landscaping Scheme?

Landscaping schemes are an important part of any planning application or development project. Do you need a landscaping scheme?

Often requested by the local authorities, landscaping schemes contain an overview of a project from start to finish. This makes it perfect for using to oversee a tender or managing an alternative contractor throughout the installation. It provides you with guidelines and recommendations for a high quality landscape.

As horticultural specialists, we work closely with you and your client to ensure that the design fulfills and exceed all requirements and expectations. By giving you all of the details needed to make the project run smoothly, we can help make the landscaping or development process as pain-free as possible.

 

Our landscaping scheme packs include:

• Site brief including photographs of the existing site and details of any existing landscaping features;
• Concept description and design aims;
• Tree survey, if required, providing details of any trees located on and around the property and recommendations for the management of these;
• 3D landscape visualisation;
• Landscape plan;
• Planting plan including plant key;
• Dimensions plan;
• Materials and construction plan;
• Complimentary proposal for the completion of the work.

As well as the full pack, we can also provide you with individual tree surveys, planting plans, materials plans or a detailed 3D landscape visualisation depending upon the project requirements.

If you need a landscaping scheme or would like to find out more, please get in touch or why not visit our Landscaping Schemes page for details on Pricing?

ProHort were commissioned to prepare a Landscape Strategy in London for the proposed redevelopment of a pre-existing equestrian. The primary purpose of the strategy was to provide the developers and local council with a document that responded to existing local borough environmental policy, sustainability and transport initiatives and the concept plan. The strategy incorporated the principles set out in these and incorporated certain ideas and initiatives into the landscape strategy proposals. The strategy was designed to be flexible in order to adapt to change and to respond to a place that is by its nature ever changing.  And provides a long-term vision for the enhancement of the site.

The principal concern of the local council was the potential impact on the ecological value of the site. Having been vacant for a number of years the area had become overgrown resulting in the development of numerous valuable wildlife habitats identified as scarce in the local borough. The strategy was informed by visiting the site and utilising existing ecological and arboricultural surveys to help formulate a holistic methodology designed to not only retain the most valuable ecological features identified but to proactively manage these and further improve them.

In addition, the strategy outlined methods to create further wildlife habitats through the planting of carefully selected plants such as the inclusion of species most beneficial to invertebrates within the proposed hay meadows of the site. This, together with careful management of the meadows and other areas were designed to provide a valuable food source for locally at-risk species such as bats. Furthermore, the strategy considered the character of the site and local perception of it. The inclusion of a designed tree shelter belt was put forward to help retain its existing character as a wooded space.

If you need a Landscape Strategy for your development, get in touch now or check out the Landscape Strategy page for more information.

Landowners including local authorities and other public bodies may be at risk of nuisance claims following the recent ruling of the Court of Appeal in Network Rail Infrastructure Ltd v (1) Williams (2) Waistell [2018] EWCA (England Wales Court of Appeal) Civ 1514. This case concerned the liability in nuisance of a landowner where Network Rail had allowed Japanese knotweed to grow in close proximity to its neighbours’ land. This is the case even though no actual damage was caused.

The Court of Appeal found in favour of two homeowners who had sued Network Rail after knotweed from a railway embankment had spread to their properties.

The Court of Appeal went to great lengths to state that the presence of Japanese knotweed was not actionable under a nuisance claim because it had diminished the market value of the respondent’s properties. The decision means that those claiming nuisance will need to demonstrate that the nearby presence of Japanese knotweed interferes with their use and enjoyment of the land.

However, in practice, the presence of Japanese knotweed is always likely to interfere with a property owner’s use of enjoyment of the land. Furthermore, the presence of the Rhizomes, despite not causing any physical damage, was noted by the judge as being a “natural hazard”. The Judge said. “They affect the owner’s ability fully to use and enjoy the land.”

What Is Japanese Knotweed?

Japanese knotweed, which was described by the court as a “pernicious weed”, is a fast-growing plant which is difficult to eradicate and spreads rapidly through an extensive network of underground roots, stems or rhizomes. While the plant itself can quickly grow to a height of over two metres, the roots can extend up to seven meters horizontally and three metres vertically, affecting buildings and construction works.

Because of the potential ramifications of Japanese knotweed on the property, the Council of Mortgage Lenders (CML) has published a policy stating that it might affect the valuation of the property and might be an issue for customers whose property is affected but who cannot afford the treatment costs. The policy requires the valuers who inspect property for mortgage purposes to report on the presence of knotweed within seven meters of the property to lenders, so that they can take account of it as part of the valuation process.

Sir Terence Etherton, giving the judgment of the Court of Appeal, described a claim of private nuisance as one based on “a violation for real property rights”. This violation need not necessarily take the form of physical damage to property; however, it could not consist of merely pure economic loss.

In view of the above, to minimise risk of liability landowners and public bodies should take steps to identify if any Japanese knotweed is present on their land and then take steps to eradicate it.

Contact Us

If you have issues with Japanese knotweed then please contact us today…

What Causes Subsidence?

Subsidence happens when the ground under your house collapses or sinks lower. When this occurs it puts a significant amount of strain on your home if one side sinks and cracks can begin to appear. There are several reasons why this might happen to your house, this includes geological, man-made and seasonal variations. For example, periods of drought can cause the soil to dry out, especially if the soil is made of clay, making the ground unstable. Other reasons for subsidence include trees and shrubs close to your foundations or drains that are leaking water causing the soil to become soft and begin to compact under the weight of your home.

What are the signs of subsidence?

Cracks can appear in your home for several reasons such as natural shrinkage and swelling due to temperature and humidity changes. Cracks that indicate subsidence are usually more than 3mm thick and wider at the top than the bottom. They are often found close to doors and windows, and you may notice other signs such as wallpaper crinkling at wall joins, doors sticking and cracks to your extension.

Can I prevent subsidence?

Minimising the risk of subsidence is, indeed, possible, particularly if your house is at risk. For example, plant trees or shrubs a safe distance from your home to avoid the soil around it becoming too dry. It is also advisable to undertake regular maintenance on external guttering, pipes and plumbing and install a water butt in your garden to catch rainwater.

What are subsidence reports?

Subsidence reports will give you a risk rating, which is an overall opinion of your property’s level of subsidence risk, from low to very high. They then go into further detail, giving an in-depth explanation as to why your property has been given its risk rating. We will also make suggestions for actions that could be taken to reduce the risk.

We also provide detailed subsidence information, which is essentially an in-depth explanation of subsidence and its main causes, alongside other lesser-known factors. This can help to home buyers to make more informed decisions about the property they are considering buying.

Finally, subsidence reports details information about remedial works that would be legally acceptable to have carried out.

Find out more about how we can help you with Subsidence reports by visiting our web page.

If you suspect your property may be experiencing subsidence, then get in touch. We can advise you on the best courses of action going forward and whether home insurance providers should be contacted. We also work with insurance companies, solicitors, surveyors, and local adjusters to ensure the right result is achieved for you.

An expert witness is a person with an in-depth knowledge of their field, and the primary function of an expert witness is to give an independent option, based on their own impartial findings. The information can be delivered in several different ways, including a report, or verbally in court.

There are countless numbers of reasons why an expert witness may be needed but, in the field of horticulture, the most common involve disputes between two parties over the following topics:

• Japanese knotweed, and other non-native invasive species. For this, a specific report that is Part 35 compliant is often required.
• Subsidence caused by trees, hedgerows, or other significant vegetation.
• Damage caused by trees, including fires, decay, and damage as a result of extreme weather.

 

How can we help?

ProHort has an in-house expert witness, capable of working on a wide range of cases within the fields of horticulture, arboriculture and invasive weeds. We have over twenty years’ experience in the industry, can produce a Part 35 compliant report and are happy to appear in court when required.

In addition to this, we are listed on the UK Register of Expert Witnesses, so you can be certain that you are in safe hands.

If you are in the middle of a dispute and need some advice from an expert, why not get in touch and we will be happy to assist. Alternatively check out our Expert Witness page to find out more.

You may be surprised to hear this, but soil is very important. The composition on site can drastically impact upon the progress of a development, and the cost of completing it. Find out more about soil analysis down below…

In many cases, a soil test and analysis may be required, which can be an essential part of the development process. If the land has already been identified as being contaminated, then the importance of obtaining a Soil Analysis Report increases as you will require additional considerations from your local planning authority.

 

But, what is a soil analysis?

A soil analysis is a test which is carried out on the soil to discover many details, including acidity, composition, content and pH levels. The complexity of the test altered to suit your individual requirements, we can test for a single nutrient, or we can test the full spectrum including any organic matter, nitrogen levels, and any heavy metals within the soil.

To conduct an analysis, our surveyor will attend the site and take a number of samples from different locations across the site. This is then tested, giving us an average of the soil composition across the site.

 

Why would I need a soil analysis?

If you are undertaking any sort of project, then a soil analysis can be useful for you. If you are developing on a site, then the analysis will help you to identify the type of soil you are building upon, highlighting any potential problems before they arise.

If you need to remove soil from a site and taking it to a waste disposal facility, it is likely that they will request a soil analysis before taking the waste, as they may be required to charge you a hefty landfill tax. By having a soil analysis completed well in advance, you will be aware of the issues and be able to budget for it in advance.

Another situation where a soil analysis can be a vital tool is on a site where a large amount of planting is going to take place. The analysis will determine the different nutrients and chemicals in the soil, and this information can help you to make an informed decision on which plants to select, ensuring that they can thrive in the environment.

Find out more information about soil analysis on our Soil Analysis page, or get in touch to discuss your requirements.

What is a 3D Landscape Design?

If you are undertaking a project that doesn’t require planning permission, then you may not have had any drawings completed. If this is the case, then you may be struggling to visualise what the completed project will look like, this is where a 3D Landscape Design can help.

A 3D Landscape Design is a computer-aided design which is created by one of our landscape design consultants. The first step in the process is to arrange a site visit, in which our consultant will attend your property, taking measurements and discussing ideas.

Following this, our consultant will get to work on creating your design. We will arrange a second meeting in which you will be invited to our office to view the design. You will take a virtual walk through the completed project, and make any required amendments right there in the consultation.

Once you are happy with the design, we will create both a digital and a hard copy pack for you, containing multiple images of the design from a range of different angles.

The Advantages of a 3D Landscape Design

3D Landscape Design are great for a number of reasons:

• They put the project down on paper, ensuring everyone involved is agreed on the finished product;
• The 3D Landscape Design can be handed over to tradespeople to follow, ensuring their construction matches your expectations;
• They can be offered to clients as an extension of your own 2D drawings.

Check out our 3D Landscape Design page for more information, or get in touch now!

 

First impressions count, and gardens or grounds are often the first thing a customer or visitor sees.  More than this, carefully cultivated green spaces create inspiring environments. The right layout, coupled with the right plants, can create a positive atmosphere. It’s worthwhile investing your time into these areas to hit the right notes for your business.

What are planting plans?

At their basic level, Planting plans are a top-down plan of your project. They show all areas that will be planted in and the types of plants that will be used. This is useful for projects both large and small as they can help to visualise how a space will be used including how many plants should be used and their height and size. Planting Plans also allow you to build a theme or mood. Gardens are multisensory experiences and using different plants, textures, and colours can enhance our experiences and perceptions.

Furthermore, local authorities are increasingly requesting that Planting Plans be included in a planning application. To read more about Planting Plans, click here.

Why choose ProHort?

We know how important it is that your outdoor spaces reflect your business and at ProHort we have the expert knowledge to make your vision become reality. All of our designs are bespoke to each individual client and we work closely with them to fully understand their needs and preferences.

For more information about Planting Plans, or any other of our services, please contact us.