Labours first 100 days: Planning Updates

Yesterday, Sunday 13^th October 2024, marked 100 days since Labour won the General Election on 5 July 2024, they have made a bold start and below we take a closer look at the commitments made in the manifesto and what policy reforms are underway specifically in relation to planning, housing and infrastructure. Our timeline focuses on some of the key commitments made and policy reforms which have taken place during the party’s first 100 days.

The Manifesto

One of the main pledges was to kickstart economic growth and within that the government committed to “get Britain building again” by doing the following:

• Building 1.5 million new homes over the next parliament;
• Update the National Planning Policy Framework to undo some of the changes made in December 2023 by the Conservatives, including restoring mandatory housing targets, ensuring Local Plans are up-to-date and strengthen the presumption in favour of sustainable development;
• Brownfield First Approach – to prioritise the development of previously used land and fast-tracking of urban brownfield sites;
• Introduction of the five ‘golden rules’ including the release of lower quality Green Belt land to be known as Grey Belt land for development;
• Strategic planning for housing growth by requiring all Combined and Mayoral Authorities to work together to plan for their areas; and
• Delivering the biggest increase in social and affordable housebuilding in a generation.

Further pledges relate to making Britain a clean energy superpower and implementing measures to protect Britain’s coast, rivers and lakes.

So what has been achieved thus far?  Let’s look at the timeline of the first 100 days.

The first 100 days: Timeline

1. 5 July 2024 - Labour won the General Election and were elected.
   
   
2. 8 July 2024 - Chancellor’s speech and policy statement issued: Chancellor Rachel Reeves’ speech set out some key commitments to reform the planning system and amend the National Planning Policy Framework (‘NPPF’) including a promise to start the consultation on those proposed changes by the end of the month. The Chancellor also announced the government was ending the ban on new onshore wind in England and would consult on bringing onshore wind back into the Nationally Significant Infrastructure Projects regime meaning decisions on larger developments would be taken at a national level.
   
   The Ministry of Housing, Communities and Local Government (“MHCLG”) released a policy statement on onshore wind on the same day as the Chancellor’s speech. The policy paper makes clear the tests found in footnotes 57 and 58 of paragraph 163 of the NPPF no longer apply to onshore wind.  This now means onshore wind applications will be treated in the same manner as other energy proposals.
   
   The full statement can be found here.
   
   
3. 17 July 2024 – the King’s Speech set out the government’s main priorities for the upcoming year. During the speech we saw the introduction of the Planning and Infrastructure Bill.

   The King set out in his speech his ministers will “get Britain building, including through planning reform, as they seek to accelerate the delivery of high-quality infrastructure and housing [Planning and Infrastructure Bill]. They will also pursue sustainable growth by encouraging investment in industry, skills and new technologies.”

   The Planning and Infrastructure Bill will aim to accelerate housebuilding and infrastructure delivery by streamlining the delivery process for critical infrastructure, reforming compulsory purchase compensation rules, improving local planning decision making, increasing local planning authorities’ capacity and using development to fund nature recovery.

   The full speech can be read here and background briefing is available here.
   
   
4. 20^th July 2024 – Letter sent from the Deputy Prime Minister Angela Raynor and Secretary of State for the Department for Environment, Food & Rural Affairs (‘DEFRA’) Steve Reed OBE MP to environmental non-governmental organisations on the Planning and Infrastructure Bill.

   The letter recognised nature recovery remains a top priority, and the existing planning system is not working as environmental assessments and case by case negotiations on mitigation often slow down the delivery of housing and infrastructure.

   The letter proposes to transform the system to ensure the value gained from enabling development to progress will support nature recovery. It sets out the government’s pledge to work alongside organisations and to engage in constructive dialogue. To read the full letter please click here.
   
   
5. 30^th July 2024 – The Deputy Prime Minister, Angela Rayner, set out Labours plan to get Britain building again. The statement made to the House of Commons outlined the following reforms:
   • Restoring and raising housing targets: mandatory targets to be re-introduced and the standard method for determining local authorities housing needs is to be updated to raise the level of the housing targets.
   • Building in the right places: the default answer to development on brownfield land should be yes and local character should no longer to be used as a reason to reduce densities. The proposed reforms go further in relation to land which sits in the Green Belt. If it has limited ecological value and is inaccessible to the public it will be defined as Grey Belt with guidance on the subject to be submitted within the consultation on the NPPF. The aim is more land will come forward for development in the so called ‘Grey Belt’.
   • Moving to Strategic Planning: introduction of new mechanisms for cross-boundary strategic planning with the intention of aiding growth.
   • Delivery of more affordable homes: measures such as allowing local planning authorities to have more autonomy to judge the mix of affordable homes required for their areas and ensuring housing needs assessments consider the needs of those requiring Social Rent homes are just some of the proposals put forward for delivering more affordable homes.
   • Supporting Local Planning: the reforms note a lot of local plans are outdated therefore should be reviewed to ensure they are providing sufficient housing in their areas. The government also commits to recruiting 300 additional planning officers and to consult on increasing fees for Householder applications.
   • Building Infrastructure: The government commits to consult on whether certain developments such as data centres and electricity grid connections should be brought into the Nationally Significant Infrastructure Projects regime.

   The full statement can be read here.

6. 30^th July – 24^th September 2024 – Following on from the above ministerial statement the consultation on the NPPF was launched and ran from 30 July 2024 until 24 September 2024.

   Our previous article reviewed some of the key changes and can be read here. The consultation responses are currently being considered. It is not yet known when we will expect to see the outcome of the consultation but given the volume of responses, speculation is we will not see anything until the new year at the earliest.

7. 31 July 2024 – Policy Statement issued on New Towns

   MHCLG published their statement on New Towns and set out the government’s vision for a new generation of New Towns along with further detail on the New Towns Taskforce.

   The statement makes it clear reforms to the planning system are not on their own enough to bring about the supply of homes needed and building large-scale new communities is key. The government announced it has established the New Towns Taskforce whose role will be to advise ministers on appropriate locations for significant housing growth. The taskforce published its policy statement on 17 September 2024 after their first meeting. Read more on New Towns in Taran Sunner’s recent article which can be read here.

   The full policy statement can be read here.

8. 22 September 2024 – On the 22nd of September 2024, Ministry of Housing, Communities and Local Government released a policy paper entitled “Brownfield Passport: Making the Most of Urban Land” (the ‘paper’).

   This paper was not a formal consultation but a soft touch approach inviting views and discussion amongst the industry. To read more on Brownfield Passports visit our recent article here.
   
   
9. 22 – 25 September 2024 - Labour Party Conference.
   
   The Labour Party held its annual conference in late September, during the conference the government confirmed there had been thousands of responses to the NPPF consultation and so any publication is likely to be delayed.
   
   Prime Minister Sir Keir Starmer spoke more about brownfield passports and was clear local communities would need to accept in order to build the homes needed this will mean more development in their areas.

Key Takeaways from the first 100 days

The government’s proposed reforms have been communicated through a quick succession of written ministerial statements and letters over the last 100 days. They are bold, ambitious and only time will tell whether they achieve the desired outcomes. The golden thread to these reforms is to get the country building again, speed up delivery of homes particularly affordable homes, and to accelerate infrastructure delivery.

Although the government has made commitments to increase affordable housing it cannot deliver this without the support of private developers and Registered Providers, who in particular are cautious to bid for developments, which in turn could impact upon the supply of housing. Whilst the release of “grey belt” land could unlock more land on which to build homes, the country is not out of austerity yet and there needs to be a more detailed analysis of some of the barriers to delivery, such as financial viability which is a wider economic challenge and resourcing.

We look forward to seeing the results from the NPPF consultation and what changes the government makes to a new revised NPPF in the near future. The upcoming Autumn Budget will be delivered by Chancellor Rachel Reeves on 30^th of October 2024 and we anticipate further planning proposals stemming from that.  

The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.

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The information published across our Knowledge Base is correct at the time of going to press.