DRAFT REVISED NATIONAL PLANNING POLICY FRAMEWORK

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1 Prepared by: Sam Bensted (Policy Officer) British Property Federation 1. The BPF represents the commercial real estate sector an industry with a market value of 1,662bn which contributed more than 94bn to the economy in We promote the interests of those with a stake in the UK built environment, and our membership comprises a broad range of owners, managers and developers of real estate as well as those who support them. Their investments help drive the UK's economic success, provide essential infrastructure and create great places where people can live, work and relax. 2. The UK s commercial real estate sector contributes about 5.4% of GDP, and directly employs 1 million people, or 6.8% of the labour force. It provides the nation s built environment and is diversifying from its core investment in the nation s offices, shops, leisure facilities and factories, to support the new economy through investments in logistics, healthcare, student accommodation, infrastructure, residential and increasingly through Build to Rent investment in new housing. 3. We are pleased to see that the Government is being bold on housing and putting the steps in place to increase numbers and speed up delivery through the launch of the draft revised NPPF must be the first year of increasing housing delivery, if the Government is to meet its ambitious target of building 1.5 million homes by It is also welcome that government has strengthened its position on the need for multi-tenure housing delivery, the faster delivery of homes and higher density housing, in the right places through these draft national policy proposals. In particular, the formal recognition of Build to Rent as a distinct form of tenure in national planning policy is a welcome development. However, it important that these proposals for planning for housing are not seen in isolation and must be matched by ambitious capital spending on infrastructure. The delivery of more social infrastructure is also necessitated with a need for school places, healthcare facilities and community facilities, alongside employment land that will help ensure that communities have access to the jobs they need. 5. We are therefore fully behind the Government s efforts to create a more effective planning system and support most of the national planning policy proposals within the consultation. However, we note that some of the specific wording within the draft revised NPPF needs further work to ensure that the revisions lead to better outcomes. 6. We therefore welcome the opportunity to comment on this consultation and look forward to working with the Government on the practice guidance that will accompany the Framework and then to the implementation of both.

2 Chapter 1: Introduction Q1 Do you have any comments on the text of Chapter 1? Chapter 2: Achieving sustainable development Q2 Do you agree with the changes to the sustainable development objectives and the presumption in favour of sustainable development? 7. It is welcome that Chapter 2 of the draft revised NPPF has cut back significantly on much of the generic wording relating to sustainable development. We are also very supportive of the wording in new paragraph 14 relating to neighbourhood planning. It is right that the new draft indicates that neighbourhood plans should be more pro-growth and promote/enable further development opportunities. 8. However, we would also argue that the Presumption in Favour of Sustainable Development (PFSD), outlined in paragraph 14 of the current NPPF should be left unchanged, bearing in mind the interminable litigation that has taken place regarding its wording to date this is only likely to be triggered once more with a revised presumption. Q3 Do you agree that the core principles section should be deleted, given its content has been retained and moved to other appropriate parts of the Framework? 9. Yes, we agree. Q4 Do you have any other comments on the text of Chapter 2, including the approach to providing additional certainty for neighbourhood plans in some circumstances? Chapter 3: Plan-making Q5 Do you agree with the further changes proposed to the tests of soundness, and to the other changes of policy in this chapter that have not already been consulted on? General Comments Chapter There are many positive reforms taken forward within this chapter which should go a long way in terms of providing a greater level of clarity and certainty to the plan-making process. In particular, we welcome the inclusion of paragraph 23 which reflects the Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 which set out the requirement for local authorities to review their plan policies at least once every 5 years. In addition, the requirement for a more adequate but proportionate

3 evidence base in paragraph 25 and the additional clarity provided on neighbourhood plans within the revised chapter are welcome. 11. However, we do have several specific suggestions in terms of potential revisions to paragraphs within this chapter: With regard to Paragraph 16, we would argue that from the outset this paragraph should state explicitly that all plans should be evidence-based. Whilst we welcome the increased focus on joint working between different authorities in paragraph 17, we would encourage MHCLG to specify further how this should work in practice. An obvious anxiety in this area is whether disagreements between neighbouring authorities as to who should accommodate the necessary housing growth could result in more delays to the plan making process. With regard to paragraph 24, which sets out the role of strategic plans in plan-making, we would argue that the current wording is not positive enough. The use of the word sufficient could lead to authorities pursuing the minimum number of necessary appropriately-sized sites rather than a more ambitious approach which is clearly needed. In addition, we would note that the following needs amending in paragraph 24: [strategic plans] should as a minimum, plan for and allocate sufficient sites to deliver the strategic priorities of the area This should be redrafted to state: [strategic plans] are required as a minimum, to plan for and allocate sufficient sites to deliver the strategic priorities of the area It should be noted that often sites do not come forward in the allotted time period, meaning that a buffer in terms of land supply is necessary. In this context, local authorities should be required to bring forward a surplus rather than a sufficient supply of land. We would encourage paragraph 24 to be revised further to factor in this important point. 12. We would like to note a number of wider points relating to the proposals in this chapter which are set out below: Statements of Common Ground 13. We welcome government steps relating to the duty to cooperate (DTC) through the new requirement for LAs to prepare and maintain Statements of Common Ground (SOCG) and the central role afforded to this process in determining the soundness of a plan. Paragraph 36(c), which emphasises the significance of joint working and SOCGs, and stipulates that for a plan to be found sound, cross-boundary strategic matters will need to be

4 dealt with rather than deferred, is a further welcome development within the draft text and should foster more effective collaboration across boundaries. 14. However, as raised in the previous round of consultation, the major limitation of the new proposals relating to SOCGs is that they are not required in law, meaning that it is questionable how their preparation will be enforced. The lack of enforceability in a legal sense means that uncooperative LAs may use this as a mechanism for avoiding taking on more housing growth. 15. A proposal which could address some of the issues relating to the new SOCGs would be to add an extra procedural step in the plan making process. When a local plan is submitted, PINS could then come to a judgment as to whether the DTC/SOCGs have been undertaken in an appropriate manner, and should this not be the case, the plan cannot move forward for adoption. This would have the effect of establishing the DTC/SOCG as a more significant aspect of appropriate plan making. Paragraph 36 An appropriate strategy 16. Although a seemingly subtle change, we welcome the proposal that a sound plan should set out an appropriate strategy for the area, rather than the most appropriate strategy. This change could reduce time and resources spent in the lead up to and during plan examination. However, we would urge MHCLG to specify further what actually constitutes an appropriate strategy in their revisions to the NPPG to avoid confusion. Plan making & Industrial land 17. Paragraph 20 is supported in terms of it stating that local authorities strategic policies and site allocations should provide appropriate [ ] commercial development. However, this Paragraph could offer an opportunity to include reference to strategic industrial and logistics, and other allocations, with existing and planned infrastructure in creating sustainable patterns of development. It should be revised as follows: The strategic policies required for the area of each local planning authority should include those policies, and strategic site allocations, necessary to provide: a. an overall strategy for the pattern and scale of development, complemented by existing and planned infrastructure; b. the homes and workplaces needed, including affordable housing; c. sufficient strategic industrial land and logistics facilities; d. appropriate retail, leisure and other commercial development; e. infrastructure for transport, telecommunications, security, waste management, water supply, wastewater, flood risk and coastal change management, and the provision of minerals and energy (including heat);

5 f. community facilities (such as health, education and cultural infrastructure); and; g. climate change mitigation and adaptation, and conservation and enhancement of the natural, built and historic environment, including landscape and green infrastructure. Q6 Do you have any other comments on the text of Chapter 3? 18. We are not convinced it is appropriate to seek to limit the circumstances upon which a viability assessment can accompany an application (implied by paragraph 34, final sentence). A viability assessment may be necessary to demonstrate a particular material consideration that an applicant wishes the local authority to take into account when determining an application. Chapter 4: Decision-making Q7 The revised draft Framework expects all viability assessments to be made publicly available. Are there any circumstances where this would be problematic? 19. Whilst we welcome MHCLG s broader commitment to making the planning process more transparent, we believe it is unnecessary to explicitly state in national planning policy, an expectation that all viability assessments will be made public. Indeed, it should be noted that mechanisms already exist through both the FOI Act 2000 and the Environmental Information Regulations (EIR) 2004 which give rights of public access to information held by public authorities. In the case of the EIR, there is already an explicit presumption of disclosure. 20. We would therefore urge caution in this area and query whether it is truly necessary for such an explicit reference to the need for publicly available viability assessments in national planning policy as it is already covered through existing legislation. An alternative approach could be to footnote the EIR and/or FOI mechanisms in the appropriate section of the revised NPPF. 21. In answer to Q7, should the move to make all aspects of viability assessments public go ahead in its current form, commercial sensitivities will need to be carefully considered and decisions around the public disclosure of viability assessments will have to be taken on site-by-site, project-by-project basis. 22. The Government should also be aware that full disclosure of commercially sensitive costs could lead to an unintended consequence of driving up the cost of undertaking development (by way of third parties being aware of a developer s cost assumptions and thereby using that as a starting point for price negotiations) and therefore making it harder to bring schemes forward. Q8 Would it be helpful for national planning guidance to go further and set out the circumstances in which viability assessment to accompany planning applications would be acceptable? 23. No, we do not believe this would be helpful (see response to question 6).

6 Q9 What would be the benefits of going further and mandating the use of review mechanisms to capture increases in the value of a large or multi-phased development? On the place of review mechanisms 24. We are of the view that the NPPG should be more explicit in stating that review mechanisms should allow for decreases in contributions as well as increases as the value of a scheme changes overtime. In addition, we would argue that the place for review mechanisms within the planning process should be focused solely on large schemes which are significantly deficient in policy terms and where there is a collective desire to affect a start to the development and a reasonable prospect of the development becoming compliant by the end of its final phase, rather than simply applied to all schemes irrespective of planning merit. 25. More broadly, if the government is committed to delivering its target of 300,000 homes a year, we would argue that it should be attempting to create as much certainty as possible for developers. Extending the use of review mechanisms within this latest round of reforms, does not help in achieving this wider policy aspiration. Q10 Do you have any comments on the text of Chapter 4? Viability considered at the plan making stage 26. We welcome the proposals set out in the draft NPPG to test the viability of proposed site allocations at the plan making stage. These upfront measures should create more certainly and clarity for developers when considering the merits of different sites and the likely associated obligations and deliverability. 27. However, a distinction needs to be made between area wide viability assessments (as broadly proposed in the draft NPPG) and the more detailed viability assessments which are necessary in order to test the development credentials of individual sites. The main drawback of the proposed approach to test for viability at the plan stage is that councils cannot take into account the value of all land in a local plan area nor the myriad of potential uses that could come forward on various unallocated sites during the plan period. The Harman Review examined this issue in 2012 and concluded that it was impossible to test the viability of all sites within a local plan at the time of formulating a plan. Indeed, a notable danger of the generic approach to viability advocated in the draft NPPG, is that local authorities are forced to ensure their affordable housing target is in line with the least viable sites in their borough which in turn could lead to less affordable housing delivery. A one size fits all approach to viability may therefore result in unintended consequences. 28. It should also be emphasised that viability testing is not an exercise which can be completed then fixed for an extended period of time. Realistically, there will always be a need for a link to current market conditions in any approach going forward. For these reasons, whilst we appreciate MHCLG s aims in this area, we are of the view that site by site viability assessments will need to continue in some shape or form. The alternative is a system which proves too inflexible and could in turn have the unintended consequences of undermining development activity.

7 29. Furthermore, in relation to the NPPG, we do not believe the Government has currently struck the right balance between risk and reward for developers. For example, there is reference to capturing increases in scheme value (page 7) which could see the public sector participating in the upside of development but then there is also a statement that says that it is the role of developers to mitigate risks, in other words, taking on the potential downside of the development. We do not believe this is an equitable position and any public sector capture of value post-planning should only be where developments are not policy compliant when they are approved and review mechanisms are therefore required to get the development back to a policy compliant position by its completion. Proposed approach for calculating benchmark land value 30. We support the proposed approach that the land purchase price should reflect policy requirements. However, there is a concern that the introduction of the EUV plus methodology could delay the release of land for development, with landowners deciding not to sell due to the possibility of a reduction in their potential returns. This policy change could have the unintended consequence of stifling development activity by reducing the overall supply of land being made available. Paragraph Paragraph 58, which reads: where proposals for development accord with all relevant policies in an up to date development plan, no viability assessment should be required to accompany the application, should be amended to reflect the change made from the draft Mayor of London s Affordable Housing and Viability SPG and incorporated in the final version. 32. Paragraph 58 should be amended to incorporate wording to the following effect - meet other obligations and requirements to the satisfaction of the LPA and the Mayor where relevant. Chapter 5: Delivering a wide choice of high quality homes Q11 What are your views on the most appropriate combination of policy requirements to ensure that a suitable proportion of land for homes comes forward as small or medium sized sites? 33. Whilst we support the principle of promoting more housing delivery on small sites within the draft text, to help stimulate a greater proportion of homes delivered by smaller developers, we do have some concerns with regard to the specific proposal that LAs should ensure that at least 20% of sites allocated for housing in their plans are of half a hectare or less. It should be noted that smaller sites are typically harder to bring forward in terms of viability than larger strategic sites, and often do not provide the capacity for significant affordable housing contributions. Therefore, the danger of an approach which focuses too greatly on bringing forward more small sites is that, as a consequence, less affordable housing is delivered in overall terms. Q12 Do you agree with the application of the presumption in favour of sustainable development where delivery is below 75% of the housing required from 2020?

8 34. We welcome the introduction of the Housing Delivery Test. It is an important development, in terms of providing a consistent measure against which different authorities performances can be compared and to assess the implications of under-delivery for local authorities during a transition period and from Q13 Do you agree with the new policy on exception sites for entry-level homes? Q14 Do you have any other comments on the text of Chapter 5? Standard methodology for identifying local housing need 35. As stated within our response to the previous round of consultation, we welcome the move towards a standardised method for assessing local housing need. However, given that the methodology, outlined within the draft NPPG, is largely unchanged from the proposals published in September 2017, we do still have a number of comments on the proposed methodology: 36. We had previously raised concerns that the proposed methodology could lead to less homes being delivered by locking in recessionary trends across much of the North and the Midlands. More specifically, we noted that the proposed aim of the standardised methodology focuses future housing growth in areas of highest need and that as the methodology is based on two factors - housing need and affordability -this fails to consider future economic aspirations. It is therefore welcome that page 26 of the draft NPPG provides clarifications which address these concerns through setting out a number of instances where it is appropriate for local authorities to deviate from the standard method. However, an ongoing reservation is that less ambitious local authorities may interpret the standardised need figures as final and not as a minimum starting point, rather than proactively identifying circumstances where an uplift will be appropriate, as set out in the draft guidance. 37. A further point we raised in the previous round of consultation was that the guidance should stress that the assessed need should serve as a baseline rather than a target figure for local authorities. Again, it is welcome that the draft NPPG clarifies that the need figure generated by the standardised method should be considered the minimum starting point for the purpose of plan production. Build-to-Rent and family friendly tenancies 38. Whilst the we very much welcome most of the Build-to-Rent policy set out in the draft guidance and framework and are supportive of the requirement to offer family-friendly tenancies, there is one aspect we would recommend is amended. The current draft guidance stresses: Tenants should not be locked into longer tenancies for the full period of the agreement. Tenants should have the option to terminate at one months notice, after the first six months, without a break fee being payable

9 39. We have no desire to see tenants locked into agreements they cannot hope to fulfil, or that will cause hardship. However, for the offer of a three year tenancy we do not think it is unreasonable to require a slightly longer period of notice from tenants than the basic one month. A period of up to three months would seem reasonable. A shorter period could have a detrimental impact on the management of the expiry profile of schemes, something the sector is only just beginning to establish and learn from. For instance, one of our members active in BTR has a rental strategy that is dependent on being able to plan ahead and see the expiry position three months in advance. Implementation of this policy will dilute this management insight and the investor s ability to minimise voids. Chapter 6: Building a strong, competitive economy Q15 Do you agree with the policy changes on supporting business growth and productivity, including the approach to accommodating local business and community needs in rural areas? Q16 Do you have any other comments on the text of chapter 6? 40. It is unfortunate that helpful references that acknowledge the importance of sustainable economic growth have been omitted. We would request that one such reference to planning doing everything it can to support sustainable economic growth (in Paragraph 19 of the current NPPF) is retained and elaborated on at Paragraph 82 as we face up to the challenges of a post-brexit economy when such support is arguably needed more now than ever before. We suggest the following wording: The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning policies and decisions should help create the conditions in which businesses can invest, expand and adapt. Significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development. The approach taken should allow each area to build on its strengths, counter any weaknesses and address the challenges of the future. This is particularly important where Britain can be a global leader in driving innovation, and in areas with high levels of productivity, which should be able to capitalise on their performance and potential. 41. It is crucial that the right types of sites are protected or allocated. These are sites where 24-hour operations with significant HGV movements and high bay warehouses can operate without harming residential amenity i.e. key sites on the edges of employment areas fronting principal roads and new sites at major junctions on the strategic road network. It is also concerning that some local authorities resist warehouse development in favour of office headquarters on prominent sites in existing employment locations. These are prime logistic sites; offices can easily be accommodated elsewhere e.g. in town centres. 42. Considering the above, economic national planning policy directly needs to be relevant to the industrial and logistics sectors. It is considered that there is an opportunity to expand Paragraph 83 accordingly:

10 Planning policies should: a. set out a clear economic vision and strategy which positively and proactively encourages sustainable economic growth, having regard to Local Industrial Strategies and other local policies for economic development and regeneration; b. set criteria, or identify strategic sites, for local and inward investment to match the strategy and to meet anticipated needs over the plan period (including making provision for clusters or networks of knowledge driven, creative or high technology industries); c. Recognise the specific locational requirements of logistics, in suitable, accessible locations; d. seek to address potential barriers to investment, such as inadequate infrastructure, services or housing, or a poor environment; and e. be flexible enough to accommodate needs not anticipated in the plan, allow for new and flexible working practices (such as live-work accommodation), and to enable a rapid response to changes in economic circumstances. 43. The reference to Local Industrial Strategies under criterion a. above is welcomed and we consider a definition of what these are would be useful (ideally in the glossary in Annex 2 of the NPPF or alternatively in the PPG). This would serve as a hook for the consideration of the needs of key sectors at a variety of scales. 44. We have revisited the Places section of the Government s Industrial Strategy and it is clear that the intention is for Local Industrial Strategies to be place-based and to build on pre-existing strengths within a locality/community to increase productivity. Following a review of the progress that has been made with Local Industrial Strategies in the City Regions, a few common themes emerge and we have sought to build these into our proposed definition: Local Industrial Strategy: A long term strategy that builds upon a place s strengths and focusses on priority sectors to deliver national and local economic objectives. This should include: a. the identification and protection of strategic employment sites (where justified) for a range of employment uses (including offices, industry and logistics, and high technology industries); b. alignment with existing and planned infrastructure investment (including transport and digital infrastructure); c. A strategy for the long-term management of process (e.g. urban freight strategies); and d. Consideration of delivery (i.e. ensuring the necessary funding streams are in place and their corresponding timescales).

11 Local Industrial Strategies should embody a collaborative approach that involves local leaders, businesses and other stakeholders to deliver productivity and employment in a sustainable manner with consideration given to cross boundary issues. Chapter 7: Ensuring the vitality of town centres Q17 Do you agree with the policy changes on planning for identified retail needs and considering planning applications for town centre uses? 45. We note that the proposed policy in the draft NPPF is mainly a read- across from the existing NPPF. Given the significant change that has taken place in the retail sector since the original NPPF, there is a need for this to be reflected in town centre policy. 46. At present, paragraph 86 is predicated on growth. However, we would argue that it should be predicated on adaption. Authorities should be regularly monitoring retail trends, vacant units and the quantum of retail that can be viably supported in their town centres. 47. There is also a need for a clear vision for town centres which is all-encompassing. Therefore, whilst we support encouraging residential development on appropriate sites, the NPPF needs to also explain that a holistic approach is needed that appreciates what sort of residential will work where, and that residential must help create places and support a long-term vison, rather than simply being grafted on, as sites sporadically become available. 48. Therefore, we would advise that paragraph 86 needs some restructuring. National town centre policy should: Encourage relevant planning authorities to plan for the adaptation of town centres. There is a need to closely and regularly monitor retail trends and adapt town centre planning policies accordingly; Define a hierarchy of town centres and be clear about their individual roles. Promote their long-term vitality and viability by allowing them to support a diverse retail offer, provide customer choice, allow a suitable mix of uses (including houses) and reflect their distinctive characters; Define and regularly review the extent of town centres and primary shopping areas, identify primary and secondary frontages, and make clear which uses will be permitted in such locations; Encourage best use of existing features, such as markets, to support the overall retail offer, reintroduce or create new features; Support diversification and changes of use where town centres are in decline, as part of a clear strategy for their future, while avoiding the unnecessary loss of facilities that are important for meeting the community s day-to-day needs;

12 Recognise that residential development can play an important role in ensuring the vitality of centres. Assess what types of residential development will be suitable and encourage it on appropriate sites. Plan holistically so that residential is part of the long-term vision of place, and therefore compliments other uses; Encourage relevant authorities to allocate a range of suitable sites in town centres to meet the scale and type of development needed, looking at least ten years ahead. Meeting needs for retail, leisure, office and other main town centre uses over this period should not be compromised by limited site availability, so town centre boundaries should be kept under review; and Ensure that relevant authorities locate appropriate edge of centre sites for main town centre uses that are well connected to the town centre, where suitable and viable town centre sites are not available. If sufficient edge of centre sites cannot be identified, policies should explain how identified needs can be met in other accessible locations that are well connected to the town centre. 49. Paragraph 86 of the NPPF should be amended from diverse retail offer to diverse retail and leisure offer, to emphasise that government appreciate the contemporary consumer landscape. Q18 Do you have any other comments on the text of Chapter 7? 50. We suggest the addition of a note relating to town centres needing to be well-connected through public transport infrastructure, and to include cycling and walking paths. Research by LSE reports that increased transport links positively impact GDP growth as well as increase the likelihood of trade and foreign investment in that area (LSE, 2011). The need for well-connected town centres becomes more fundamental as residential developments increase in town centres. Research by the Foundation for Integrated Transport examined the relationship between car dependency in urban and rural areas, and the capacity to invoke successful communities with high employment, amenities, health and wellbeing. This qualitative study found a correlation between car dependent developments and communities with a lack of social well-being economic prosperity (Integrated Transport, 2016). 51. Given that we are embarking on a period when retail is undergoing profound change, we believe that the NPPF should incorporate a very positive statement about how local authorities can use the planning system to ensure location based retailing of all types are given the best chance to evolve in the changing market. Traditional bricks and mortar retail and leisure provide multi-faceted benefits to the economy, local communities, and urban environments, not least through their employment potential. We therefore believe overarching support in the NPPF should help to prevent Local Planning that stifles the necessary evolution of location and place based retailing. 52. Related to this, we believe that the NPPF should encourage local authority plan making to support investment in the creation of environments, that allow town centres and other retail and leisure destinations of all types

13 to thrive. This could include, for example, directing CIL monies toward investment in public realm in retail areas. Chapter 8: Promoting healthy and safe communities Q19 Do you have any comments on the new policies in Chapter 8 that have not already been consulted on? Q20 Do you have any other comments the text of Chapter 8? Chapter 9: Promoting Sustainable transport Q21 Do you agree with the changes to the transport chapter that point to the way that all aspects of transport should be considered, both in planning for transport and assessing transport impacts? Q22 Do you agree with the policy change that recognises the importance of general aviation facilities? Q23 Do you have any other comments on the text of Chapter 9? 53. The commitment to infrastructure delivery and the positive planning of large scale transport projects (including ports and rail freight Interchanges) across boundaries in Paragraph 105 is welcomed, but consultation on the location of these facilities and the land release that goes with them - must account for the needs of all sectors of the wider economy, not just responding to local politics and housing need. Chapter 10: Supporting high quality communications Q24 Do you have any comments on the text of Chapter 10? 54. We are pleased that government recognises that the provision of digital infrastructure is fundamental to the proper functioning of development and we are delighted by the proposals to ensure that planning decisions support the expansion of electronic communications networks. We are also pleased that the draft NPPF states that local policies should set out how high quality digital infrastructure, providing access to services from a range of providers, is expected to be delivered and upgraded over time. This approach should not only ensure that the right amount of digital infrastructure is available, but that it is constantly improved to meet contemporary demand. 55. We are also pleased that government have prioritised full fibre connections for existing and new developments This will help ensure that the UK has high-quality/world-class digital infrastructure government. London businesses need to employ fibre solutions and enhance its digital infrastructure to stop falling behind other countries; the UK is currently ranked 17th out of the 19 countries for access to full fibre connection.

14 Installing fibre at the earliest opportunity reduces the risk of the buildings becoming obsolete as modern businesses require the speed and reliability of commercial fibre to be productive. 56. We would advise that the points raised below are covered in the NPPG, to further elaborate on the NPPF's approach in this area: 57. Businesses will always benefit from having an office with great internet provision, which is as crucial to their ability to work as having energy, water, and waste management. We believe that applicants should be incentivised to aim for the highest standards of connectivity. The easiest route for landlords and developers to demonstrate that they have taken measures for great digital connectivity provision is to obtain a digital connectivity rating. As part of the digital connectivity rating process, the building s diverse physical infrastructure, power resiliency, and readiness to supply businesses with the internet provision they require should be taken into consideration. 58. For businesses to truly benefit from fibre services, we would advise that government encourage access to multiple fibre providers, which reduces the cost of service and allows for back up connections to ensure resilience. To ensure businesses have access to multiple fibre options, planning policy should focus on reducing internet providers installation times to businesses where there is already fibre in the area, in addition to tackling issues with the lack of available fibre in London. 59. Faster installation times can be encouraged by the following measures: a. From an infrastructure perspective, the placement of Universal Communication Chambers outside a building can greatly speed up the faster installation of new connections and reduces the disruption to business and damage to the public realm. This is done by removing the need to construct new penetrations to the building each time a new provider wishes to install services. b. From a readiness perspective, The Standard Wayleave Agreement reduces delays to installing internet service by establishing proactive terms and conditions for the Landlord s rules for installing, maintaining, and removing telco equipment, thus streamlining the ability for new providers to supply service to the building. c. For further readiness measures, the landlord can organise letters of intent from providers in the vicinity, indicating to businesses in the building that there are internet providers who are committed to providing service in the surrounding area. Chapter 11: Making effective use of land Q25 Do you agree with the proposed approaches to under-utilised land, reallocating land for other uses and making it easier to convert land which is in existing use? General comments

15 60. Throughout the series of proposals in this chapter, we would argue that there appears to be a fundamental mismatch between optimising density and authorities retaining what is existing. To meet the Government s overall policy objectives of increasing housing supply, there needs to be a more explicit focus on optimising density through this chapter. 61. With regard to para 122 d), we are of the view that the draft should not refer to maintaining but to respecting or acknowledging an area s prevailing character. The use of the word maintain will not assist in optimising density, given that government have established that current densities need increasing in appropriate locations. Q26 Do you agree with the proposed approach to employing minimum density standards where there is a shortage of land for meeting identified housing needs? Q27 Do you have any other comments on the text of Chapter 11? Making effective use of land: Industrial 62. The principle of promoting the most effective and efficient use of previously developed or brownfield land in Paragraph 117 is supported, as is the substantial weight that should be given to it through planning policies and decisions in Paragraph 118. However, it should be recognised that there is simply not enough suitable and well-located brownfield land to cater for all of the UK s development needs. Inevitably there will be a need for development of greenfield land and/or the release of Green Belt land on the edges of settlements, near to transport hubs or in strategic locations that will be required by certain sectors, such as logistics, as their locational criteria are very different to traditional industrial uses. 63. As background to paragraph 120, it is of course recognised that there are cases where employment land is no longer suitable for such use, and may be better used for residential development. In addition, there are sites which would be suitable to sit alongside residential. However, it is critical that employment land release for other uses does not stymie the growth of the UK economy by placing limits upon the industrial sector, which provides thousands of high-quality, highly-paid jobs; contributes significantly to the business rates take of a local area; underpins the UK s supply chain; and supports the country s economic growth. Once lost, industrial land is notoriously difficult to compensate for elsewhere for a variety of reasons, such as amenity issues. This can result in an imbalance between housing and employment that is not conducive to the sustainable development. 64. In London, this issue was highlighted in both the Greater London Authority s (GLA s) London Industrial Land Supply and Economy Study and SEGRO s Keep London Working Report. The scale of this issue was quantified in the former, which found that 1,300 hectares of industrial land in London was transferred to other uses between ; representing a 16% contraction over that period. It warned that, if this rate of loss were to continue, lowered levels of industrial land would become critical and could lead to difficulties in market operation. Our concern, therefore, is the potential for mono-use cities with industrial uses being pushed away from the catchments they serve, as more and more employment land is developed for housing. This, in turn, has the potential to exacerbate congestion and air quality issues.

16 65. The emerging London Plan has responded accordingly, taking on board some of the recommendations of the CAG Consulting Report to change its approach to the supply of employment land from one of managed release to one of no net loss of industrial floorspace capacity within designated SILs and LSISs. It is important that we learn from this lesson and ensure that the right supply of employment land takes place in the right locations across the UK. 66. Mindful of the above, in Paragraph 121 (which appears to replace Paragraph 22 of the current NPPF) we would wish to see the insertion of a reference to compensatory employment land provision for that lost to other uses: Local planning authorities should also take a positive approach to applications for alternative uses of land which is currently developed but not allocated for a specific purpose in plans, where this would help to meet identified development needs. In particular, they should support proposals to: A. use retail and employment land for homes in areas of high housing demand, provided this would not undermine key economic sectors or sites or the vitality and viability of town centres, and would be compatible with other policies in this Framework; and B. make more effective use of sites that provide community services such as schools and hospitals, provided this maintains or improves the quality of service provision and access to open space. Where employment land is continually lost to alternative uses following a land allocation review, there is likely to be a need for a review of employment land supply to ensure this is sufficient to meet the needs of the area. 67. The above would serve as an incentive for local authorities to regularly update their employment land reviews, as employment land release should not occur unless an up to date employment land review is in place. In addition, employment land reviews should be better aligned with housing needs the two go hand in hand and both must be flexible enough to respond to changes in the other. Chapter 12: Achieving well-designed places Q28 Do you have any comments on the changes of policy in Chapter 12 that have not already been consulted on? 68. The amendments to paragraphs 129 and 130 in relation to design in decision making are welcome, in particular as the revised text will go some way towards: limiting the use of design as an often-subjective reason for refusal; and encouraging innovation and sustainability in the design of new developments.

17 69. The key to ensuring that these policies achieve their desired effect is consistency in decision making at a local level. Whilst the Government s renewed policy within the draft NPPF may provide greater certainty for applicants at appeal, some work remains to be done to ensure that design considerations are an appropriate and timely part of the pre-application process, ensuring that unnecessary delays to development activity are avoided. Q29 Do you have any other comments on the text of Chapter 12? Optimising Density 70. We note that intensification and best use of brownfield land are central to the Government s approach to delivering the significant target of 300,000 homes per year. A crucial aspect of this approach is to optimise the density of development sites, where the location is sustainable. 71. The robustness of paragraph 124 may benefit from the inclusion of a reference to optimising densities, as this is inextricably linked to design and should also be considered as part of any associated consultation with local communities. 72. The suggested minor amendments to Paragraph 126e do not offer a substantial enough change to the meaning of the paragraph and the current text is unclear in its prescription. The reference to optimising the potential of the site is far from definitive in its meaning and could be open to a wide spectrum of interpretations. We would suggest, in line with the Government s aspirations, that consideration be given to amending the wording as follows: promote the efficient use of the site to accommodate and sustain an optimal amount and mix of development (including green and other public space) and support local facilities and transport networks; and Chapter 13: Protecting the Green Belt Q30 Do you agree with the proposed changes to enable greater use of brownfield land for housing in the Green Belt, and to provide for the other forms of development that are not inappropriate in the Green Belt? Q31 Do you have any other comments on the text of Chapter 13? 73. We would argue that this chapter should state clearly when Green Belt boundaries should be reviewed, for example, if housing need is high or housing delivery is particularly slow. From the BPF s perspective, the draft text still offers too many reasons for authorities not to conduct a Green Belt review. 74. We believe government should be encouraging authorities to actively review their available land in terms of suitability for providing development on the basis of location, proximity to transport nodes and environmental benefit instead of only looking to review when a lack of available brownfield land appears.

18 75. With regard to paragraph 136, which elaborates further on the role of the strategic plan-making authority in determining the exceptional circumstances in which Green Belt boundaries can be altered, we would suggest that accessible locations should be considered, in the form of a sequential test. 76. We welcome the wording in the first sentence of paragraph 137. However, we would note that a better approach would be for the opening sentence of this paragraph to be stated at the beginning of the chapter. Chapter 14: Meeting the challenge of climate change, flooding and coastal change Q32 Do you have any comments on the text of Chapter 14? 77. We welcome the increased emphasis on meeting the numerous challenges posed by the interaction of the built and natural environments, and associated climate change. Planning for such change is crucial at a local level in light of the need to ensure that the Government s significant housing targets are met in a sustainable manner. This process starts with the identification of appropriate land for development and becomes ever more important in light of the Government s commitment to optimising the use of brownfield land. Some of the language within chapter 14 could however be stronger. Paragraph 150b for instance suggests that local planning authorities should consider identifying suitable areas for renewable and low carbon energy sources, and supporting infrastructure. We believe that this endeavour should be proactive at the plan making stage, providing greater certainty that renewable and low carbon sources of energy are being considered as a central aspect of future development, rather than hoping for such measures on an application-by-application basis. Q33 Does paragraph 149b need any further amendment to reflect the ambitions in the Clean Growth Strategy to reduce emissions from buildings? 78. The inclusion of the associated text is a welcome acknowledgement of the need to plan for Clean Growth at the local, regional, and national levels; however the text within paragraph 149b holds an unhelpful level of ambiguity. We understand the use of the term national technical standards to relate to current building regulations, and if so this poses a number of concerns. Principally the text as currently drafted disincentives local authorities to implement policies beyond those set out in national policy. 79. As it stands, local planning authorities are only tied to national technical standards when considering dwellings (as a result of the Housing Standards Review 2014), however the NPPF consultation supporting text implies a relationship to all development. The text within paragraph 149b is therefore unhelpful to local authorities in the pursuit of appropriate standards for non-dwellings, as they may be fearful of the text s interpretation and any associated legal challenge. 80. In the event that the policy for national technical standards did relate to domestic and non-domestic buildings, paragraph 149b in itself does not sufficiently reflect the ambition to reduce emissions from buildings. In order to achieve the ambitions set out in the Clean Growth Strategy an understanding of the ways in which national technical standards support these ambitions is required. We would suggest that if the current text is retained,