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Planning changes are causing confusion

Confusion about the cumulative effect of changes to planning legislation and policy alongside a lack of local authority resource to deal with the recently introduced National Planning Policy Framework (NPPF) could lead to a significant increase in the number of planning appeals, according to the planning law firm Winckworth Sherwood.

This was the clear message given to attendees at a recent seminar held by Winckworth Sherwood for more than 80 of the UK’s leading housebuilders, developers and their advisers.

The NPPF is a radical reform of Government planning policy for England, introducing a ‘presumption in favour of sustainable development’. It requires planning authorities to revise their local plans by 26 March 2013 or risk being required to grant permission for planning applications which they or their communities dislike.

Commenting, Karen Cooksley, Partner and Head of Planning at Winckworth Sherwood said: “It is not surprising that there is still a high degree of uncertainty about what the NPPF will mean in practice. And it is not helping that many local authorities do not have the resources to put up to date, NPPF compliant plans in place within a year.

“Unless developers engage proactively with local authorities and local communities there is a likelihood of a substantial increase in the number of planning appeals over the next couple of years.”

Karen added: “The way developers can mitigate the risk of having a scheme turned down or facing an appeal is to work with advisers who really understand how the NPPF works. It is not a presumption in favour of development, as many commentators would have you believe. Developers need to give a clear and persuasive explanation of how their schemes will result in economic, social and environmental gains for the community – if they do that, then they will be successful.”

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