21 August 2026 | Comment | Article by Alex Madden

The new National Planning Policy Framework (NPPF): What you need to know


The Government published its new National Planning Policy Framework (NPPF) this week – the most substantial rewrite of national planning policy in years.  It restructures the document, replaces the tilted balance with new presumptions for development, changes how older local plan policies are weighted and has taken effect immediately.  The old paragraph-number system is gone and plan-making policies now separated from National decision-making policies (NDMPs) in each chapter.

Crucially, any existing development plan policy that is materially inconsistent with an NDMP should now be given very limited weight.   The only exception to this is where they have been examined and adopted or made against this Framework.  It’s fair to say that the material inconsistency touchpaper has now been lit and will be played out on a case-by-case basis in live applications and appeals.

New presumptions: Polices S3 to S5 replace the tilted balance

The old paragraph 11(d) tilted balance has been removed and has been replaced with Policy S4 that provides development proposals within settlements should be approved unless their benefits are substantially outweighed by adverse effects. Policy S5 addresses development outside settlements, covering previously developed land, reuse of existing buildings, station-led growth and schemes meeting evidenced unmet need.  The concept of policies being ‘out of date’ in the previous sense has been removed.

The station-led growth policy is one of the most significant individual changes within the Framework.  Policies S5 and GB7 provide that development within a reasonable walking distance (around 800 metres) of a well-connected station should be approved.  The final version softens minimum densities from the draft’s 40-50 dwellings per hectare (dph) range to at least 35 dph rising to 45 dph for higher-frequency stations.  There is no requirement to demonstrate unmet need or the absence of a five-year housing land supply, making it a useful tool particularly in areas where planned supply lags behind assessed need.

The grey belt policy survives broadly unchanged, as grey belt is land that does not strongly contribute to green belt purposes. Combined with the station policy, this creates a strong route for development around transport hubs.  Major green belt development must still meet the Golden Rules on affordable housing, infrastructure and access to green space.

Policy-compliant proposals are assumed viable but for those on previously developed land demonstrably burdened by costs; strategic sites and wholly different development types – where a viability assessment demonstrating that Golden Rule compliance is not possible may be submitted.  This could prove to be a significant opening for larger schemes.

Local plans and housing land supply

The system remains plan-led but existing development plan policies materially inconsistent with the NDMPs should be given very limited weight. Local plans are expected to be prepared within 30 months.

The five-year housing land supply mechanics have changed so if the relevant development plan requirement is more than five years old the calculation now uses local housing need.

Other key changes

The Framework introduces a national definition of a settlement for the first time, important because the Policy S4 and S5 presumptions turn on whether development is within or outside one.  A new “medium development” category (10–49 dwellings, sites up to 2.5 hectares) can receive specific policy treatment, relevant for SME builders.   On accessible housing, plans should ensure at least 40% of homes on major developments meet Building Regulations standard M4(2).

Protections for community facilities have been strengthened and rural economy policies bolstered with on-farm reservoirs, greenhouses, farm shops and seasonal worker accommodation now expressly recognised.

Beyond housing, the Framework gives stronger support to economic growth, including data centres, laboratories and AI Growth Zones.

What should you do now?

Anyone involved in the planning system should review live applications, emerging allocations, appeal strategies and committee reports against the new Framework. The immediate priority is to identify where existing local plan policies are materially inconsistent with the NDMPs. The reduced density thresholds mean a lower headline housing number but one more likely to be delivered.

This is a generational change in national planning policy. Whether it delivers will depend on how it is applied and how quickly the outstanding guidance catches up.  The new rules are in play and the planning system will not wait.

If you would like to discuss what the new NPPF means for your project, site or organisation, please contact our planning specialists.

Author bio

Alex Madden

Partner
Alex Madden has over 20 years’ experience advising on planning and environmental matters.  He is a Solicitor-Advocate with higher rights of audience in the Civil Courts, a Legal Associate of the RTPI and a Fellow of BIAC.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

 

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