Impact of new planning rules requires legal advice

A planning strategy, six years in the making which has already cost around £750,000, may go back to the drawing board after the government released a new set of rules.

The new National Planning Policy Framework (NPFF) contains a clause which “may” allow a new definition of “housing need” which could take local demographics into account.

A footnote says that the clause “could” include islands with a high number of elderly residents.

While some councillors are claiming a major breakthrough allowing the Island to build fewer houses, the new rules are far from clear about the impact that the clause could have.

Council leader, Phil Jordan, said: “On the face of it, the approach suggested in the new NPPF simply formalises what we have been doing already, which has so far enabled us to lower the proposed annual housing numbers from 750 to 460.

“We have asked for detailed legal advice on how the latest guidance and changes might impact the council’s current proposals. Some may have the potential to increase the housing number.

“Other announcements made on Tuesday compel councils to bring forward local plans without delay. A new plan will take around 18 months to deliver using a different method of calculation and might cost a similar amount again to develop.”

In due course the full council will make a final decision on the way forward.

Whilst there is no Island Plan in place, planning applications are subject to the ‘tilted balance’. This means they are judged against national rules rather than local policies. This has not changed with the publication of the new NPPF.

pic: Secretary of State Michael Gove announcing the new rules