As 2024 comes to an end, we reflect on a year where planning has maintained a high profile, both in the general election campaigns and following the election of the new government. With the recognition of the housing crisis and the continued focus on the need to fix the planning system to facilitate housing growth, 2025 promises to be an interesting year. In our Q4 news update, we review the progress of local plans and recent and forthcoming planning decisions:
National Planning
As promised, on the 12 December 2024 the Government published the updated National Planning Policy Framework (NPPF), including increased housing targets and the introduction of Grey Belt land. Tis was accompanied by several important updates to Planning Practice Guidance (PPG) with an expectation for further PPG updates in January 2025.
A Planning Reform Working Paper: Planning Committees, is inviting views on how the government could reform planning committees to support a plan-led system and ensure appropriate democratic oversight.
The Government has also released the English Devolution White Paper: Power and partnership: Foundations for growth. Whilst this is a roadmap for completely re-structuring local government in England, it includes proposals relating to Strategic Planning.
Local Plan Update
Central Bedfordshire Local Plan
Central Bedfordshire recently completed a Call for Brownfield sites. This has identified some opportunities for future development, but it is recognised that brownfield sites alone will not be sufficient to meet the needs for the next Plan period. Greenfield site proposals can now be submitted online at: https://cfs.central-bedfordshire.urbanintelligence.co.uk/ until Monday 20 January 2025.
Bedford Borough Local Plan
The Inspectors Post Hearing Letter has raised fundamental concerns about the soundness of the plan. The Council’s October update letter can be viewed on the Councils website. The Inspector has warned that protracted delays will not be tolerated.
Luton Borough Local Plan
Work on a new Local Plan for Luton has started and the Council are currently consulting on a Luton Local Plan Community Involvement Paper – Issues and Options, until the 7 February 2025 at 5pm. This includes a Call for Sites.
Further updates on the Strategic Plans in Bedfordshire can be found on our website: Planning in Bedfordshire
Buckinghamshire Local Plan
Buckinghamshire Council must produce a Local Plan within five years of coming into being, that is, by April 2025. Background studies were due to be published during 2024. An update is expected to be published early in 2025 in line with the Deputy Prime Minister’ request that all local planning authorities produce an updated Local Development Scheme (LDS) within 12 weeks of the publication of the NPPF, i.e. by no later than 6 March 2025.
Milton Keynes Local Plan
Milton Keynes City Council intend to consult on a final version of the MK City Plan 2050 in early 2025 following which they will submit the plan to the Secretary of State for examination in public by the end of June 2025.
Further updates on the Strategic Plans in Buckinghamshire can be found on our website: Planning in Buckinghamshire
Cambridge Local Plan and South Cambridgeshire Local Plan
The latest update to the Greater Cambridge Local Plan timetable was agreed by the Councils in November 2024, which included a commitment to update when the new National Planning Policy Framework (NPPF) is published. A Cabinet report publication is expected on 6 January 2025 with the report being considered by the Cabinet on 14 January 2025.
Huntingdonshire Local Plan Update
Huntingdonshire District Council is now considering the responses to the Further Issues and Options document and Land Availability Assessments which closed in November 2024. The next consultation will be a Preferred Options Local Plan (draft plan) currently scheduled for autumn/winter 2025.
Peterborough Local Plan Update
Peterborough Council carried out an additional call for sites in September and October 2024. The Council will consider all of the additional sites alongside the sites submitted during the 2023 Call for Sites. Any sites preferred for allocation will be included in the Draft Local Plan that will be published for consultation in early 2025. Updates can be viewed on the Council’s website.
East Cambridgeshire Local Plan
In October East Cambridgeshire agreed to commence work on a Full Local Plan review and published a Local Development Scheme. The ‘call for sites’ is expected to be launched in early 2025. The first round of full consultation on an emerging plan is likely to take place sometime in summer 2025, but this will be confirmed nearer the time.
Information updates on other Strategic Plans in Cambridgeshire can be found on our website: Planning in Cambridgeshire
Babergh and Mid Suffolk District Council Joint Local Plan
Following a ‘Call for Sites’ for residential use during January/February 2024, the Councils have published sites submitted. Further updates can be found on the Councils website. The next consultation on the for the Joint Local Plan Part 2 Plan is due in Spring 2025.
West Suffolk Local Plan
The West Suffolk Local Plan was submitted to the Secretary of State on 24 May 2024 and two Planning Inspectors are currently holding hearings sessions. The latest Examination News will be published on the Councils website as the Examination progresses.
Information updates on other Strategic Plans in Suffolk can be found on our website: Planning in Suffolk
Uttlesford New Local Plan
Uttlesford submitted their draft Local Plan to the Secretary of State for Housing, Communities and Local Government on Wednesday 18 December. An Independent Planning Inspector will be appointed to hold an Examination during 2025 to review and assess the Plan. Further details can be viewed here.
South West Hertfordshire Local Plan
An interactive map and dashboard, has been published to help understand the area and its social, economic and environmental characteristics. All the authorities have now endorsed the vision and objectives to guide future work. The latest news on the progress of the South West Hertfordshire Local Plan is here.
Dacorum Local Plan
The Pre-Submission Dacorum Local Plan (2026-2041) and Regulation 19 consultation closed 17 December 2024. The Council are now preparing to submit the documents and all consultation responses to the Secretary of State for public examination.
Hertsmere Local Plan
Responses to the recent consultation on the new Hertsmere Draft Local Plan are currently being considered by the council. The new draft Local Plan is expected to be submitted to the Secretary of State in 2025, with adoption of the final version expected by the end of 2026.
St Albans Local Plan
The St. Albans & City District Local Plan was submitted to the Secretary of State for Independent Examination on 29 November 2024.An independent inspector from the Planning Inspectorate will be appointed to review the Plan and its supporting evidence to decide whether the Local Plan meets soundness and legal compliance tests. Latest news about the examination can be found here.
Three Rivers Local Plan
Three Rivers District Council has agreed to delay submitting its new Local Plan to undertake a further green belt review that will enable it to submit a plan for a lesser housing number than the government wants for the area. More information can be found here.
Information updates on other Strategic Plans in Hertfordshire can be found on our website: Planning in Hertfordshire
North Northamptonshire Strategic Plan
The North Northamptonshire Local Plan review will take into account changes since 2016 and extend the plan period to 2041. Consultation on the Scope and Issues was undertaken in 2022. There has been some slippage in the timetable and an updated Local Development Scheme is expected early in 2025.
West Northamptonshire Strategic Plan
West Northamptonshire Council is preparing a new strategic plan which will guide development for the area up to 2050. A Regulation 18 Draft Plan Consultation concluded in June 2024. Whilst the current local plan timetable proposes a final draft Plan consultation in early 2025, recent government proposals for plan making have implications for the progression of the local plan and that timetable. Officers are now working on a revised Local Development Scheme which is likely to be published early in 2025. For more information visit the West Northants website.
Information updates on other Strategic Plans in Northamptonshire can be found on our website: Planning in Northamptonshire
National Infrastructure Projects
East Park Energy is a proposed new solar farm and energy storage scheme to the north-west of St Neots, straddling the administrative boundary of Bedford and Huntingdonshire. A DCO application is in progress following the closure of recent consultation in October 2024. For more information visit https://eastparkenergy.co.uk/
The Bedford to Cambridge section of East West Rail (EWR), including proposed new stations at Bedford St Johns, Tempsford and Cambourne, has been designated as a project of national significance. An application will be made to the Secretary of State for Transport for a Development Consent Order (DCO), for consent to build and operate the new railway. As part of the pre-application stage EWR are consulting on the proposals and the consultation is open until 24 January 2025.
Following the close of the Examination of the DCO application for the Lower Thames Crossing project the Secretary of State deadline for decision on this application is 23 May 2025. For further information, please refer to the Written Ministerial Statement laid in Parliament. Further details can be viewed here.
The Examination of the DCO application for expansion of London Luton Airport closed on 10 February 2024. The Secretary of State has decided to set a new deadline for decision on this application of 3 April 2025. For further information, please refer to the Written Ministerial Statements laid in Parliament.. Further information can be found here.
The Examination of the Development Consent Order (DCO) application for the proposed Cambridge Waste Water Treatment Plant has now been completed and the Examining Authority’s recommendation has been sent to the Secretary of State. Further updates can be found on this page.
The phase two consultations for Anglian Water’s proposed reservoirs in the Cambridgeshire Fens and Sleaford, Lincolnshire closed on 9 August and responses are now being considered and a summary of feedback will be published.
Recent Appeal Decisions
- An outline application for 416 dwellings on Land north of Biggleswade was allowed (6 November 2024)
- A full application for 170 dwellings at Land to the East of Langford Road, and North of Queens Way and Denny Crescent, Langford was dismissed (11 November 2024)
A number of further appeals are pending including:
- Land North of Cobbitts Road Maulden (Written Representations)
- Land at Lake Street Leighton Buzzard (Written Representations)
- Land south of Leighton Road Stanbridge (Hearing – 22 October 2024)
- Land adjacent to High Gables, Clophill Road, Maulden (Written Representations)
- Land at Harlington Road Upper Sundon (Hearing – 27 November 2024)
- Land East of Sutton Road, Potton (Written Representations)
- Land at Bromham Road, Biddenham (Inquiry – 28 January 2025)
- Land at Odell Road, Harrold (Written Representations)
- Land at Flitton Hill, Flitton (Hearing – 27 February 2024)
Recent Planning Caselaw Updates
The case of Green v Secretary of State for Levelling Up, Housing and Communities & Ors [2024] EWHC 2723 (Admin) considered whether the secretary of state, in approving two developments on sites in Hertfordshire, acted unlawfully in failing to take account the findings of a green belt review. During March, the then housing minister Felicity Buchan allowed two appeals for 391 and 330 homes respectively, for sites near St Albans. Campaign group Keep Chiswell Green argued that the minister “unlawfully failed to have regard to a material consideration”, namely a green belt review undertaken on behalf of the council by consultancy Arup, which did not recommend the land for release. However, the High Court found that the green belt assessments “were primarily of significance to the preparation of the emerging local plan, not to the appeals”. Accordingly, the secretary of state had not acted unlawfully and the legal challenge failed.
In Test Valley Borough Council v Fiske [2024] EWCA Civ 1541 the Court of Appeal confirmed that a section 73 application cannot be used where it would result in conditions being imposed which are materially inconsistent with the “operative part” of the planning permission. However, the Court held that section 73 can be used to make fundamental or substantial alterations to planning conditions. The Court held that:
- a planning permission comprises both the part which operates to grant consent for the development it describes (“the operative part”) and the conditions subject to which that permission is granted;
- the operative part of a planning permission cannot give consent for a development in one hand, only for a condition to take that consent away in the other;
- it would be unlawful in a decision notice granting planning permission expressly for 10 houses to impose a condition prohibiting the erection of any more than 9, or just 1 house. Such a condition would derogate from or negate the consent granted by the operative part of the decision notice. It would not reasonably relate to the planning permission granted;
- under s 73 TCPA 1990 it is not permissible to grant permission altering the operative wording of the original permission (Finney). A condition may not be imposed having the same effect;
- However, provided both the operative part and the conditions of a s 73 permission are consistent with the operative part of the original permission, there is no further restriction on the imposition (or removal) of conditions merely because they make a substantial or fundamental alteration to the development authorised by the permission read as a whole.
This judgment from the Court of Appeal provides clarity in an area that has seen divergent decisions at first instance, but it closes off the possibility of cutting down the scope of a permission by the imposition of a condition that deviates from the words of the grant. Applicants and local planning authorities will therefore need to consider how development is described in applications and decision notices, in the knowledge that at the time of grant it will not be open to the authority to impose a condition that conflicts with the operative wording of the permission.
Please click here to tell us what other planning news you would like to see in future newsletters.
To be notified of our next quarterly newsletter please register your email address below.
For more information on anything in this update or advice on town planning matters please get in touch.
