Shortly before Christmas, MHCLG issued for consultation a draft revised National Planning Policy Framework (NPPF). At first glance, the draft makes for a radically different read to the current version. Gone are the numbered paragraphs and in are a series of thematic policies, split into those relating to development plan making and those relating to decision taking, but what might the changes mean for the later living sector?
Plan making
There is a strong emphasis in the draft NPPF on the planning system needing to be plan-led. That is of crucial importance to the sector. As highlighted in The Older People's Housing Taskforce Report issued in 2024, it is currently rare to find an up to date adopted local plan which clearly and adequately provides for retirement housing, including through the allocation of sites. Therefore, it’s far too common to have to fight applications for retirement housing through appeals following a local authority refusal or non-determination.
Could the new NPPF help here? Are we likely to see more helpful policies and allocations?
In short, yes, we should do – some of the Taskforce’s recommendations appear to be gaining traction. The draft NPPF states that development plans should take into account an assessment of the housing needs of a number of different groups, including older people, which specifically includes those who require retirement housing. Further, a specific policy (HO5) is proposed which states that plans should set out policies to address the housing needs of those different groups. That is to include identifying sites, or setting requirements for parts of allocated sites, which can provide specific types of housing where there is an identified need, including for specialist housing for older people. Where sites are identified for 150 homes or more, policies should set out a required mix of tenures, being informed by the needs of the different groups assessed as above.
Decision taking
There is currently no proposed change to the statutory position that planning applications are to be determined in accordance with development plans unless material considerations indicate otherwise. The policies in the NPPF are to remain (for now at least) as material considerations. Having a development plan policy which provides for retirement housing is therefore helpful, but are there any proposed decision-making policies which provide other opportunities or constraints?
Inevitably, there are those that focus on themes such as protecting the natural environment and developing in the Green Belt, but there is also a clearer presumption in favour of sustainable development, particularly for proposals within existing settlements. Outside settlements, certain forms of development can also benefit from that presumption, most notable examples for the later living sector being development which is allocated for that purpose in the development plan and development which would address an unmet evidenced need and would be well related to an existing settlement.
There’s also a new reference applying the presumption in favour of sustainable development to housing development near to certain railway stations. While there is some specific detail to be considered within that proposal, which in part relates to Travel to Work areas, it will be interesting to see whether this presents another opportunity for the sector in terms of the consideration of potential locations.
Importantly, “substantial weight” is to be given by decision makers to the benefits of providing accommodation which will contribute towards the ‘evidenced needs’ of the local community.
We are therefore back to the importance of evidencing need.
Elsewhere, there is a requirement for development plans to require at least 40% of new housing delivered over the course of the plan to be delivered to M4(2) or M4(3) standards, and for older people to be taken into account in proposals for street design and in considering vulnerability to pollution.
As a whole, the draft NPPF therefore appears to present some real opportunities for the later living sector. It will be ever more relevant and important for the sector to engage at the early evidence-gathering and plan-making stages.
The question of changes to the plan-making regime is another topic in itself – watch out for new Regulations coming soon (this guidance is helpful for now). In the meantime, the NPPF consultation is open until 10 March so there is still plenty of time to have your say.
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