CBP 9911

Research Briefing
5 December 2023
By Felicia Rankl
Planning reforms in England:
Levelling Up and Regeneration
Act 2023 and further changes
Summary
1 Background to planning reforms
2 A new category of planning policies: National Development
Management Policies (NDMPs)
3 Proposed reforms to local plan-making
4 Abolishing the ‘duty to cooperate’
5 Further changes to local plan-making
commonslibrary.parliament.uk
Number CBP 9911 Planning reforms in England: Levelling Up and Regeneration Act 2023 and further changes
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2 Commons Library Research Briefing, 5 December 2023

Planning reforms in England: Levelling Up and Regeneration Act 2023 and further changes
Contents
Summary 4
1 Background to planning reforms 6
1.1 Government target: 300,000 homes per year 6

1.2 Planning for the Future (August 2020) 7
1.3 Levelling Up and Regeneration Act 2023 8
2 A new category of planning policies: National Development

Management Policies (NDMPs) 9
2.1 How planning applications are decided 9

2.2 National Development Management Policies 10
2.3 Views on National Development Management Policies 12
3 Proposed reforms to local plan-making 15
3.1 Requirement to prepare a local plan 15

3.2 Current plan-making process 16
3.3 A new plan-making process within 30 months 18
3.4 Transitional arrangements 22
3.5 Views on proposed reforms to local plan-making 23
4 Abolishing the ‘duty to cooperate’ 26
4.1 The duty to cooperate in local plan-making 26

4.2 Abolishing the duty to cooperate 27
4.3 Views on the duty to cooperate 28
5 Further changes to local plan-making 30
5.1 Supplementary plans 30

5.2 Design codes 32

Summary
The government is changing planning law with the Levelling Up and

Regeneration Act 2023. Separate to the Act, the government has proposed
further changes to planning regulations, national policies and guidance.
Levelling Up and Regeneration Act 2023
National Development Management Policies (NDMPs)

The Levelling Up and Regeneration Act 2023 introduces a new category of
planning policies: national development management policies (NDMPs) to be
drawn up by the Secretary of State for Levelling Up, Housing and Communities
(DLUHC). The Secretary of State must consult the public on proposed NDMPs.
NDMPs will carry the same weight as local plans in decision-making on

planning applications. In case of a conflict between the two, NDMPs will
override local plans.
The government said NDMPs will make local plans faster to produce and
easier to navigate because nationally important issues will be protected by
NDMPs and local plans will be able to focus on locally important issues. It
also said NDMPs will provide safeguards where local plans are out-of-date.
Views on NDMPs
The Home Builders Federation said NDMPS could standardise policies that
were already contained in most local plans. It said that, currently, a lack of
consistency made local plans difficult to navigate for developers.
The Local Government Association (LGA) and Royal Town Planning Institute
(RTPI) said they supported NDMPs ‘in principle’, but expressed concern that,
in case of a conflict between the two, NDMPs could override local plans. The
LGA argued that this undermined “the idea of a local, plan-led system”.
Further changes to planning law in the 2023 Act

The Levelling Up and Regeneration Act 2023 also makes other changes to
planning law which affect the plan-making process and decision-making on
planning applications. They include:
• Abolishing the ‘duty to cooperate’, which requires LPAs to cooperate with

each other in preparing their local plans. The government said that it will
introduce a new ‘flexible alignment policy’ instead.

• Replacing supplementary planning documents (SPDs) used to expand on

policies in local plans) with ‘supplementary plans’. Their scope would be
limited to setting either site-specific policies or area-wide design codes.
• Introducing a statutory requirement for LPAs to prepare design codes, in

which they set out design requirements for developments in their area.
Proposed reforms in addition to the 2023 Act

In addition to making changes to planning law through the Levelling Up and
Regeneration Act 2023, the government has proposed changes to planning
regulations to reform the plan-making process. It said it intends to update
these regulations by autumn 2024.
Proposed reforms to the plan-making process

Currently, there is no set timetable that LPAs need to follow when preparing
their local plans. LPAs must review (but not necessarily update) their local
plans every five years. The government said that local plans take too long to
produce and estimated that only a third of LPAs in England have adopted a
local plan in the last five years.
The government has proposed changing regulations to require LPAs to

produce local plans within 30 months and update them every five years. It
proposed that, in these 30 months, local plans would undergo:
• two rounds of consultations to allow the local community and certain

public bodies to participate in the plan-making process.
• three ‘gateway’ checks (of four to six weeks each) where technical
specialists or planning inspectors would help LPAs resolve issues.
The government also proposed that the examination of the local plan by the
Planning Inspectorate should take place during the 30-month timeframe. It
said the examination should last “no more than six months”.
Views on the proposed reforms

In general, organisations such as the LGA and the Planning Officers Society,
expressed support for proposals to speed up the local plan-making process.
In particular, they welcomed the proposed ‘gateway’ checks.
They questioned whether it would be feasible for LPAs to produce local plans
in 30 months, however, highlighting the resourcing constraints faced by LPAs.
The LGA also expressed concern that LPAs might not be able to “meaningfully
consult the public” within the proposed timeframe.

1 Background to planning reforms
Since 2019, the government has put forward different proposals to reform the
planning system in England and national planning policy. 1 It has said reforms
to the planning system are central to delivering a sufficient supply of homes
and ensuring that “the right homes will be built in the right places”. 2
In May 2022, the government published the Levelling Up and Regeneration

Bill. The Bill followed the Planning for the Future White Paper, published in
August 2020, in which the government proposed “radical reform” to the
planning system. The Bill incorporates some of the proposals in the White
Paper. It received Royal Assent in October 2023 (and is now an Act). 3
The changes made by the Levelling Up and Regeneration Act 2023 are part of
a wider reform programme to the planning system. In its policy paper
accompanying the Levelling Up and Regeneration Bill (May 2022), the
government said it will also make changes to regulations, national policies
and guidance to speed up the plan-making process. 4
This briefing provides further information on some of the Act’s planning

provisions and wider reforms the government has proposed to the plan-
making system. It focuses on proposed changes to national planning policies
and local plans that guide decision-making on planning applications.
Planning is a devolved matter. This briefing focuses on England only as the

government’s proposed changes will only apply in England.
1.1 Government target: 300,000 homes per year
In its 2019 election manifesto, the Conservative Party committed to building

300,000 new homes per year by the mid-2020s and “at least a million more
homes, of all tenures, over the next Parliament” (in other words, by January
2025 at the latest). 5 The government has restated its commitment that target
on a number of occasions since, for example, in a press release on 24 July
1
Levelling Up, Housing and Communities (LUHC) Committee, Reforms to national planning policy HC
1122, Seventh report of session 2022-23, July 2023, para 9
2
Department for Levelling Up, Housing and Communities (DLUHC), Levelling Up and Regeneration:
Further information, May 2022
3
DLUHC and Ministry of Housing, Communities and Local Government (MHCLG), Planning for the
future, last updated January 2023; Levelling-up and Regeneration Act 2023
4
DLUHC, Levelling Up and Regeneration: Further information, May 2022
5
Conservative Party, The Conservative and Unionist Party Manifesto (PDF), 2019

2023. 6 The government has said that the planning system is one of the main
reasons why not enough homes are built in England. 7
Why are new homes needed?

The government has highlighted that more homes are needed to meet rising
demand for housing, which is in part the result of population growth. It also
pointed to “a significant backlog [of people in need of homes] following years
of not building enough homes”.
The government said a failure to build enough homes had led to people living
in “sub-standard or unsuitable homes”, such as homes that do not “provide a
reasonable degree of thermal comfort” or that “are not in a reasonable state
of repair”. It also noted that a failure to build enough homes had contributed
to the rising cost of purchasing a home. 8 Further, the Levelling Up, Housing
and Communities (LUHC) found that it had led to a lack of affordable housing
in the private rented sector. 9
1.2 Planning for the Future (August 2020)
In August 2020, the government published the ‘Planning for the Future’ White
Paper. The government proposed “radical reform” to the planning system to
make it “simpler, clearer, quicker to navigate”. It stated that the complexity
of the current system had resulted in “discretionary rather than rules-based”
decision-making on planning application and local plans that also took “too
long to produce”. To reform the planning system, the government proposed:
• Streamlining the planning process by placing land in three categories:

growth areas “suitable for substantial development”; renewable areas
“suitable for some development”; and protected areas.
• Introducing “general development management policies nationally” and

giving local plans “a more focused role” to reduce duplication.
• Establishing a nationally-determined, binding housing target that local

planning authorities (LPAs) would have be required to deliver. The target
would consider land constraints, for example, green belt land.
• Requiring local plans to be developed over a 30-month period. Local

plans would be based on standardised digital templates and used
interactive maps that show what can be built where.
6
DLUHC, PM to build 1 million new homes over this Parliament, July 2023
7
DLUHC and MHCLG, Planning for the future, last updated January 2023
8
Homes England, Fact Sheet 1. The need for homes, November 2023
9
LUHC Committee, Reforming the Private Rented Sector (PDF) HC 624, Fifth Report of Session 2022–
23, February 2023, para 112

• Replacing the tests of soundness when a draft local plan is examined,

updating requirements for assessments (including on the environment
and viability) and abolishing the duty to cooperate. Instead, local plans
would have be subject to a single “sustainable development” test.10
The government consulted on changes proposed in the White Paper between

August and October 2020. It did not respond to the consultation; instead, it
pointed to the Levelling Up and Regeneration Bill and accompanying reforms.
It said these were informed by responses to the consultation. 11
Notably, the government did not take forward proposed reforms to establish
a nationally-determined, binding housing target or proposed reforms to place
land in three categories. It retained its commitment to building 300,000 new
homes per year, although provisions giving that target statutory weight were
not in the Bill (now Act).
1.3 Levelling Up and Regeneration Act 2023
In May 2022, the government published the Levelling Up and Regeneration

Bill. The Bill received Royal Assent on 26 October 2023; it contains provisions
that allow the government to reform the planning system. The Act:
• establishes a new category of national planning policies: national

development management policies (NDMPs). NDMPs will sit alongside
local plans in decision-making on planning applications.
• creates a statutory requirement for LPAs to produce a single local plan

and update it every five years. Separate to the Act, the government said
it would introduce reforms to require LPAs to produce local plans within
a 30-month timeframe.
• abolishes the ‘duty to cooperate’, which requires LPAs to cooperate with

each other and with certain other bodies in preparing their local plan. A
new ‘flexible alignment policy’ will replace the duty to cooperate.
• introduces a statutory requirement for LPAs to prepare design codes,

setting design requirements for developments in their local area. 12
At the time of writing (5 December 2023), these provisions have not yet taken
effect. They require regulations to be brought into force, and the government
has not set out a timetable for when it will bring forward these regulations. 13
10
MHCLG, Launch of Planning for the future consultation to reform the planning system, August 2020;
DLUHC and MHCLG, Planning for the future, last updated January 2023
11
12
Levelling-up and Regeneration Act 2023; DLUHC, Levelling Up and Regeneration: Further
information, May 2022
13
Section 255 of the Levelling Up and Regeneration Act 2023

2 A new category of planning policies:

National Development Management
Policies (NDMPs)
2.1 How planning applications are decided
Under section 38 of the Planning and Compulsory Purchase Act 2004, most
planning applications for development are decided by LPAs in line with their
local development plan unless ‘material considerations’ indicate otherwise. 14
There is no defined list of material considerations set out in planning law or

elsewhere. Whether a particular consideration is material to a planning
application will depend on the circumstances of a case. It is for the LPA to
decide in the first instance, the Planning Inspectorate on appeal, or the courts
in case of a dispute. In general, the courts have ruled that, because planning
is concerned with land use in the public interest, purely private interests (such
as neighbouring property values) cannot be material considerations. 15
One important material consideration is the government’s National Planning

Policy Framework (NPPF) which sets out the government’s national planning
policies. 16 However, planning law does not put the NPPF on statutory footing.
This means that, although the NPPF is a material consideration, it does not
have the same statutory status as local plans in decision-making. 17
1 What are local plans?

A local plan sets out an LPA’s vision and framework for the development and
land use in their area. It identifies what development is needed, where it
should go and what land is protected.
A local plan must be prepared in line with the government’s National Planning
Policy Framework (NPPF). Further information about the plan-making process
and proposed reforms to the process is set out in section 3 of this briefing.
14
Section 38 of the Planning and Compulsory Purchase Act 2004; Section 70 of the Town and Country
Planning Act 1990
15
DLUHC and MHCLG, Determining a planning application, last updated June 2021, para 8
16
DLUHC, National Planning Policy Framework, last updated September 2023
17
DLUHC, Levelling-up and Regeneration Bill: Reforms to national planning policy, December 2022,
chapter 10, para 4

2.2 National Development Management Policies
The Levelling Up and Regeneration Act 2023 establishes a new category of

national planning policies: national development management policies
(NDMPs). NDMPs will be drawn up by the Secretary of State for Levelling Up,
Housing and Communities (DLUHC) and sit alongside local plans in decision-
making on planning applications.
At the time of writing (5 December 2023), the provisions in the Levelling Up

and Regeneration Act 2023 that establish NDMPs have not yet taken effect;
they require regulations to be brought into force. 18
Role of NDMPs in decision-making

Section 93 of the 2023 Act contains provisions to amend section 38 of the
Planning and Compulsory Purchase Act 2004 to give NDMPs the same weight
as local plans in decision-making on planning applications. Therefore, unlike
the NPPF, NDMPs will have a statutory footing in planning law.
Section 93 of the 2023 Act also contains provisions to provide that, in future,
material considerations will have to “strongly” indicate otherwise to override
the local plan or NDMPs. These provisions have also not yet taken effect. 19
Once NDMPs have been designated, LPAs will decide planning applications in
line with their local plan and NDMPs, unless material considerations strongly
indicate otherwise. In case of a conflict between a local plan and an NDMP,
the NDMP would take precedence over the local plan. 20 Local plans will also
not be able to repeat NDMPs or be inconsistent with them. 21
Benefits of NDMPs
The government has said NDMPs will have two main benefits:
• NDMPs will make local plans faster to produce and easier to navigate,
because LPAs could focus on locally important issues while policies on
nationally important issues will be set out by the government.
• NDMPs would provide safeguards where local plans are out-of-date,

because, unlike the NPPF, the NDMP will “have clear statutory status
equivalent to an up-to-date local plan”. 22
18
Section 93 of the Levelling Up and Regeneration Act 2023; Section 255 of the Levelling Up and
Regeneration Act 2023
19
chapter 10, para 4
20
21
Schedule 7(15C) of the Levelling-up and Regeneration Act 2023
22
chapter 10, para 11

Scope of NDMPs
Anything that concerns the development or use of land in England could be
an NDMP; the Levelling Up and Regeneration Act 2023 does not place any
restrictions on the scope and content of NDMPs. The Secretary of State for
DLUHC will be responsible for designating, modifying and revoking NDMPs.
The government said that NDMPs will cover “general [planning] policies on
issues that apply in most areas” in England, while locally specific policies will
continue to be set out in local plans. 23 In a policy paper accompanying the
Levelling Up and Regeneration Bill (May 2022), the government suggested
that NDMPs would be derived from the policies currently set out in the NPPF.
It said the NPPF would be refocused on “setting out the principles to be taken
into account in [local] plan-making”. For example, the government suggested
that policies preventing inappropriate development on green belt land and in
areas at high risk of flooding might become NDMPs. 24
In its consultation on reforms to national planning policy (December 2022),

the government said that NDMPs might also be used to address “gaps where
national policy is silent on common decision-making issues”. For example, it
suggested that NDMPs could set a national baseline for carbon measurement
and reduction. 25
Further, the government said NDMPs will adhere to a number of principles:
• They will only cover matters that have a direct impact on the
determination of planning applications.
• They will be limited to nationally important issues that affect decision-

making across England, or across significant parts of England.
• They will only address planning issues that concern the development and
use of land. 26
On 17 October 2023, during a debate on the Bill, the government said it would
consult on specific policies that would become NDMPs following the passage
of the Levelling Up and Regeneration Bill. 27 The Bill received Royal Assent on
26 October 2023. At the time of writing (5 December 2023), a consultation has
not yet been published.
23
Explanatory Notes to the Levelling Up and Regeneration Bill (HL Bill 84) 2022-23, para 57
24
25
chapter 10, para 15
26
chapter 10, para 13
27
HC Deb [Levelling-up and Regeneration Bill] 17 October 2023, c185

Requirements for drawing up NDMPs

In preparing NDMPs, the Secretary of State must have regard to the need to
mitigate, and adapt to, climate change. 28
The Secretary of State must also consult the public and “appropriate” bodies
on proposed NDMPs. Exceptions to consultation requirements apply if either
of the following conditions apply:
• in “exceptional circumstances”, for example, if the Secretary of State

needs to act “urgently”.
• if a change to NDMPs will not have “a material effect” on policies, for

example, if it intends correct an obvious error. 29
2.3 Views on National Development Management

Policies
Concerns that NDMPs will override local plans

Some organisations representing local authorities and planners said they
supported NDMPs “in principle” as a tool to speed up local plan-making and
standardise planning policies across LPAs. 30 For example, the Royal Town
Planning Institute (RTPI) said NDMPs could “avoid duplication that currently
occurs in local plans, with the possibility to save time”. It also mentioned that
NDMPs could ensure “a more consistent approach” to certain issues. 31
Similarly, the Local Government Association (LGA), a membership body for

local councils in England and Wales, said NDMPs could “speed up the
production of plan-making and reduce duplication in local plans”. It also
suggested that NDMPs could “level the playing field” by setting common
standards across England. 32
These organisations expressed concern, however, that in the case of a conflict

between the two, NDMPs will override local plans. The LGA argued that this
undermined “the idea of a local, plan-led system”. 33 The Town and Country
Planning Association (TCPA) said they were “opposed in principle” to NDMPs
28
29
HC Deb [Levelling-up and Regeneration Bill] 17 October 2023, c185; Section 94 of the Levelling Up
and Regeneration Act 2023
30
Royal Town Planning Institute (RTPI), NPPF consultation response, March 2023; Planning Officers
Society (POS), POS response to Levelling-up and Regeneration Bill: Consultation on implementation
of plan-making reforms, October 2023
31
RTPI, NPPF consultation response, March 2023
32
Local Government Association (LGA), Levelling-up and Regeneration Bill: Reforms to National
Planning Policy Consultation, March 2023
33
LGA, Levelling-up and Regeneration Bill: Reforms to National Planning Policy Consultation, March
2023

for the same reason. It argued that NDMPs would “centralise planning powers
and remove long-standing community rights to be heard” on the local plan. 34
Other organisations, for example the Home Builders Federation (HBF) which
represents the home building industry, expressed full support for NDMPs as a
way to standardise policies that it considered were already contained in most
local plans but were not consistent. The HBF said the lack of consistency had
led to a regulatory environments that developers found difficulty to navigate.
The HBF further stated that that it was “entirely right” for NDMPs to override
local plans in case of a conflict between the two to avoid “the patchwork quilt
of local policies that makes the case for NDMPs in principle”. 35
Parliamentarians and Levelling Up, Housing and Communities Committee

During the passage of the bill, members of the House of Commons and of the
Lords also expressed concern that NDMPs would override local plans in case
of a conflict between the two. 36 Matthew Pennycook, the Shadow Minister for
Housing and Planning, argued that NDMPs were “a radical centralisation of
planning decision-making and a corresponding erosion of local control”. 37
In its report on reforms to national planning policy (July 2023), the LUHC
Committee also expressed concern that the Bill established “in statute that
NDMPs will supersede policies in local plans when the two conflict”. 38
Calls for NDMPs to undergo parliamentary scrutiny and

public consultation
During the passage of the Bill, MPs and Peers expressed concern that NDMPs
would not be subject to parliamentary scrutiny or public consultation. The
original draft of the Bill required the Secretary of State to consult “the public
and other bodies” only as they considered “appropriate”.39 In its report on
reforms to national planning policy (July 2023), the LUHC Committee also
recommended that “each draft NDMP should be subject to full and proper
parliamentary scrutiny”. 40
Some stakeholder groups, including the RTPI and the LGA, also called for
NDMPs to undergo consultation and scrutiny. The National Housing
Federation (NHF) argued that there should “a rigorous democratic process”
34
Town and Country Planning Association (TCPA), NPPF consultation response, March 2023
35
Home Builders Federation (HBF), HBF's response to Government's NPPF consultation, March 2023;
LUHC Committee, Written evidence: Reforms to national planning policy (PDF), RNP 016 [HBF]
36
HC Deb [Levelling-up and Regeneration Bill] 8 June 2022; HL Deb [Levelling-up and Regeneration
Bill] 17 January 2023
37
PBC Deb [Levelling-up and Regeneration Bill (Thirteenth sitting)] 12 July 2022, c432
38
LUHC Committee, Reforms to national planning policy HC 1122, Seventh report of session 2022-23,
July 2023, para 111
39
Clause 84 of the Levelling-up and Regeneration Bill 6 2022-23 [as introduced]
40
July 2023, para 116

for NMDPs because they “will have legal weight in decision-making for
communities”.41
The Lords agreed to an amendment to the Bill which would have required
NDMPs to undergo public consultation and parliamentary scrutiny. 42 The
government proposed an amendment in its place which was added to the Bill
and is now part of the Act. This requires public consultation to take place in
“all but exceptional circumstances” but does not provide for parliamentary
scrutiny. 43 In its response to the LUHC Committee’s report (November 2023),
the government said the public consultation will allow “everyone with an
interest, including Parliamentarians,” to scrutinise NDMPs and comment on
them. 44
Concerns that local plans will not be able to repeat, or

be inconsistent with, NDMPs
Some organisations expressed concerns that local plans will not be able to
repeat NDMPs or be inconsistent with them.
For example, the Planning Officers Society (POS) said there should not be “a
blanket ban” on local plans repeating NDMPs. The POS argued that “a one-
size-fits-all approach” may not work “given differing local challenges and
opportunities”. The POS argued that it should be possible for LPAs to take “a
different or more refined approach”. 45 The LGA also argued that LPAs should
be able “to tailor such policies [NDMPs] to local circumstances”. 46
The RTPI expressed concern “if not deployed effectively”, NDMPs could “stifle
innovation”. It said, in the case of climate policies, LPAs would be required to
“go at the speed of Government” instead of setting innovative local policies. 47
Wildlife and Countryside Link also said LPAs should be able to “go beyond”
NDMPs to include ambitious nature and climate policies in their local plans. 48
On the other hand, the HBF said NDMPs should set “a sufficiently ambitious
bar [for planning policies] that LPAs can make the case to stay below […] but
cannot go above”. 49
41
LUHC Committee, Oral evidence: Reforms to national planning policy (PDF), 13 March 2023, Q50
42
Levelling Up and Regeneration Bill (Bill 369) 2022-23 (Lords Amendments), LA44; HL Deb [Levelling-
up and Regeneration Bill], 4 September 2023
43
HC Deb [Levelling-up and Regeneration Bill] 17 October 2023, c196
44
DLUHC, Reforms to national planning policy report: Government response, November 2023
45
POS, Response to NPPF/LURB Consultation, February 2023; POS, POS response to Levelling-up and
Regeneration Bill: Consultation on implementation of plan-making reforms, October 2023
46
2023
47
48
LUHC Committee, Written evidence: Reforms to national planning policy (PDF), RNP 004 [Wildlife
and Countryside Link]
49
Home Builders Federation (HBF), HBF's response to Government's NPPF consultation, March 2023

3 Proposed reforms to local plan-making
In general, when considering most planning applications for development,

LPAs make decisions in line with their local development plan (and, once they
are in force, NDMPs) unless ‘material considerations’ indicate otherwise. 50 A
local plan sets out an LPA’s policies for the development and land use in its
area. Material considerations are explained in section 2.1 of this briefing.
3.1 Requirement to prepare a local plan
Section 17 of the Planning and Compulsory Purchase Act 2004 requires LPAs
to prepare either a single document or a suite of documents that together
make up the ‘local plan’. 51 Schedule 7 of the Levelling Up and Regeneration
Act 2023 contains provisions to replace sections 15 to 37 of the 2004 Act and
instead require LPAs to prepare a single document called the ‘local plan’
rather than a suite of documents. 52
Provisions in Schedule 7 of the Levelling Up and Regeneration Act 2023 have
not yet taken effect. They will “come into force on such day as the Secretary of
State may be regulations appoint”. 53
Joint local plans and spatial development strategies

Alternatively, multiple LPAs can (currently and continuing under the 2023 Act)
prepare a joint local plan for their areas. The Secretary of State can also
direct LPAs to prepare a joint local plan if they believe that a joint local plan
will result in more effective planning for at least one of the LPAs. A joint local
plan by multiple LPAs must be prepared in the same way as a local plan
prepared by a single LPA. 54
Currently, the Mayor of London (under the Greater London Authority Act 1999)
and combined authorities that have equivalent plan-making functions to
London under the Local Democracy, Economic Development and Construction
Act 2009, can prepare a spatial development strategy (SDS) for their area. An
50
Section 38 of the Planning and Compulsory Purchase Act 2004; Section 70 of the Town and Country
Planning Act 1990
51
Section 17 of the Planning and Compulsory Purchase Act 2004
52
Schedule 7 of the Levelling Up and Regeneration Act 2023
53
54
Section 28 of the Planning and Compulsory Purchase Act 2004; Schedule 7(15I) of the Levelling Up

SDS can set out policies that deal with matters that are only of strategic
importance to the development and land use in the joint area. 55
The Levelling Up and Regeneration Act 2023 contains provisions which will
also allow other LPAs (that are not part of combined authorities, mayoral
combined authorities or in Greater London) to prepare a joint SDS. This power
would be optional to use at the discretion of LPAs.
Once adopted, a joint SDS will form part of the policies in line with which an
LPA makes decisions on planning applications, along with the local plan (and
once they are in force, NDMPs).
Proposed reforms to speed up the plan-making process

The changes the government made to local plans with the Levelling Up and
Regeneration Act 2023 are part of a wider reform programme. In its policy
paper accompanying the Levelling Up and Regeneration Bill (May 2022), the
government said, separate to the Act, it will make changes to regulations,
national policies and guidance to speed up the plan-making process. 56
The government said that it will put “the regulations, policy and guidance” to
enable the preparation of local plans under the new plan-making process in
place by autumn 2024. 57
3.2 Current plan-making process
In preparing its local plan, an LPA must follow the Town and Country Planning
(Local Planning) (England) Regulations 2012. The 2012 Regulations give LPAs
“considerable flexibility” as to how they prepare their local plans, 58 provided
that LPAs:
• consult the local community, local businesses and certain public bodies
(such as Natural England and the Environment Agency) under regulation
18. LPAs must take representations they receive in response into account
in preparing their local plans. 59
55
Greater London Authority Act 1999; Local Democracy, Economic Development and Construction Act
2009
56
57
DLUHC, Levelling-up and Regeneration Bill: Consultation on implementation of plan-making
reforms, July 2023, para 240
58
DLUHC and MHCLG, Plan-making, last updated October 2021, para 34
59
Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The
public bodies that an LPA should consult if it considers that they may have an interest in the local
plan and the local bodies and groups it should consult are set out in Regulation 2.

• publish and consult on their draft local plans for at least six weeks under
regulation 19 before submitting it for examination. 60
LPAs must prepare a ‘statement of community involvement’, setting out how

the local community and local businesses, public bodies and other interested
parties can get involved in the preparation of the local plan. 61
LPAs must also publish and keep up-to-date a ‘local development scheme’,
setting out a timetable for local plan preparation. 62 The Town and Country
Planning (Local Planning) (England) Regulations 2012 do not currently set a
mandatory timetable for plan-making process, however, except for setting
out a minimum consultation period of six weeks.
Examination by the Planning Inspectorate

Every local plan must be examined by the Planning Inspectorate (an executive
agency of DLUHC) before it can be adopted by the LPA. A planning inspector
will assess whether the local plan has been prepared in line with the relevant
legal and procedural requirements and whether it is ‘sound’, that is, whether
it is “positively prepared, justified, effective and in line with national policy”. 63
For the examination, an LPA must provide information on who it consulted as

part of the preparation of the local plan and how it addressed the issues that
were raised. Anyone who made representation on the draft local plan must be
given the opportunity of attending a hearing held by the planning inspector, if
they request it. The “matters, issues and questions” discussed at the hearing
are determine by the planning inspector based the representations that have
been made on the local plan and the information provided by the LPA. 64
A planning inspector may recommend ‘main modifications’ to the local plan

(changes that materially affect policies) and will require an LPA to consult on
the main modifications they propose. Where the changes are so extensive as
to require a re-writing of the local plan, a planning inspector can recommend
that the LPA should withdraw its local plan. 65
Government guidance provides further information on plan-making process

(last updated October 2021). A procedural guide to local plan examinations
(last updated February 2023) by the Planning Inspectorate provides further
information on the examination process.
60
Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The
61
Section 18 of the Planning and Compulsory Purchase Act 2004; DLUHC and MHCLG, Plan-making,
last updated October 2021, para 35
62
Section 111 of the Localism Act 2011, which amended Section 15 of the Planning and Compulsory
Purchase Act 2004
63
DLUHC, National Planning Policy Framework, last updated September 2023, para 35
64
65

Requirement to review local plans every five years

Under regulation 10A of the Town and Country Planning (Local Planning)
(England) Regulations 2012, LPAs must review their local plans at least once
every five years from their adoption date to assess whether it needs to be
updated. 66 It is up to an LPA to determine whether its local plan or policies in
the local plan need to be updated to ensure that they “remain relevant and
effectively address the needs of the local community”. 67
Government guidance on plan-making states that “most plans are likely to

require updating in whole or in part at least every 5 years”, although it notes
that “a plan does not become out-of-date automatically after 5 years”. 68
3.3 A new plan-making process within 30 months
The government has expressed concern that local plans can “often take a
long time to prepare, at least seven years on average” and that many local
plans are out-of-date. It estimated that only around 35% of LPAs in England
have adopted a local plan in the last five years. 69
2 What if a local plan is out of date?

Where there is no local plan in place or relevant policies in the local plan are
“out-of-date”, the ‘presumption in favour of sustainable development’ will
apply.70 The ‘presumption in favour of sustainable development’ means LPAs
are expected to grant planning permission to new development unless:
• The site is protected under the NPPF, for example, it is green belt land or
it is in an Area of Outstanding Natural Beauty (AONB) or a National Park.
• The “adverse impacts” of allowing the proposed development “would
significantly and demonstrably outweigh the benefits”. 71
The Levelling Up and Regeneration Act 2023 gives the government the power
to set a mandatory timetable for local plan preparation. 72 The government
66
Regulation 10A of the Town and Country Planning (Local Planning) (England) Regulations 2012
67
68
DLUHC and MHCLG, Plan-making, last updated October 2021, paras 62-64
69
70
The presumption in favour of sustainable development also applies where the housing delivery test
shows that an LPA has delivered less than 75% of its assessed local housing need.
71
72
DLUHC, Levelling Up and Regeneration: Further information, May 2022; DLUHC, Levelling-up and
Regeneration Bill: Consultation on implementation of plan-making reforms, July 2023, paras 40-65

has said, alongside the 2023 Act, it will update regulations to require LPAs to
produce local plans within 30 months and update them every five years. 73
In addition to adhering to the 30-month timeframe, LPAs will also be required

to prepare and maintain their own timetable for their plan-making process. 74
The government has proposed requiring LPAs to update their timetable at
least once every six months or when it reaches key points in the plan-making
process. 75 The requirement to prepare a timetable would replace the current
requirements for LPAs to prepare a ‘local development scheme’, in which
LPAs must currently set out a timetable for their plan-making process . 76
Proposed stages to form part of the 30-month process

The government consulted on its proposed plan-making reforms from July to
October 2023, proposing that the plan-making process should consist of the
following stages:
1. At the ‘scoping and participation’ stage, an LPA should define the scope
of its local plan and set out how it will engage the local community and
stakeholders. This stage is not part of the 30-month timeframe, and the
government has not proposed a time limit on this stage.
2. The first stage within the 30-month plan-making process is the ‘plan
visioning and strategy development’ stage. At this stage, an LPA should
establish the “visions, aims and objectives” the local plan will address
and what supporting evidence is needed.
– The first mandatory eight-week consultation window takes place

during this stage. It will allow stakeholders to comment on which
issues an area is facing and how they should be tackled.
3. As part of the ‘evidence gathering and drafting the plan’ stage, an LPA
should then gather the underpinning evidence and, on the basis of that
evidence, prepare a draft local plan.
– The second mandatory six-week consultation window takes place at

the end of this stage. It will allow the local community, statutory
bodies and other stakeholders to comment on the draft local plan.
4. The LPA should then resolve the issues the local community, statutory
bodies and other stakeholders raised during the consultation. This is the
last stage prior to submitting the local plan for examination.
5. The LPA will then submit the local plan to the Planning Inspectorate for
examination. The government said that an examination “should take no
73
74
Schedule 7(15B) of the Levelling Up and Regeneration Act 2023
75
Schedule 7(15B) of the Levelling-up and Regeneration Act 2023; Levelling-up and Regeneration Bill:
consultation on implementation of plan-making reforms, July 2023, para 82
76
Section 15 of the Planning and Compulsory Purchase Act 2004

more than 6 months”. 77 This examination period is part of the 30-month

plan-making process. Further information is set out below.
Further engagement before the start of the 30 months

The Levelling Up and Regeneration Act 2023 removes the requirement for
LPAs to prepare a statement of community involvement. The government said
“many” statements “are out-of-date and most go no further than reiterating
basic legal requirements”. It argued, because LPAs must comply with them
when preparing their local plans, LPAs may be hesitant to set out “creative
solutions for engaging with communities” in these statements. 78
The government proposed instead requiring LPAs to “notify” stakeholders and

“invite” them to “participate in the early stages of plan-making” to shape the
direction of the local plan. It said that the requirement to notify stakeholders
and invite them to participate would “broadly mirror” the current requirement
in regulation 18 of the Town and Country Planning (Local Planning) (England)
Regulations 2012. The government also said public engagement in the early
stages of plan-making would take place before the 30-month timeframe and
be in addition to the two mandatory consultation windows (see above). 79
Three gateways during the 30-month process

The Levelling Up and Regeneration Act 2023 gives the government the power
to introduce mandatory ‘gateway’ checks during local plan preparation. The
government proposed introducing three gateway points during the 30-month
timeframe. It said each gateway should last no longer than four weeks (or six
weeks in “exceptional circumstances”):
• The first and second gateway would take place at the start of and part-
way through the plan-making process respectively. For these gateways,
LPAs will be required to prepare a report identifying up to five issues that
pose a risk to the soundness and/or legal and procedural compliance of
their local plan.
– A planning inspector and/or technical specialist would advise the

LPA on how to address these issues. The LPA would be required to
“have regard” to their advice, however, the inspector or specialist
would have no power to stop or delay the local plan.
• The third gateway would be at the end of the plan-making process. The
gateway is intended to ensure that a local plan meets key requirements
and is “ready to proceed to examination”.
77
reforms, July 2023, paras 43-65
78
79

– Only a planning inspector would be able to advise LPAs at the third

gateway. The third gateway would be “binding”, such that LPAs
would be able to submit their local plan for examination only if the
inspector determines that key requirements are met. 80
The government said the three gateway checks will ensure “any issues with
the plan are picked up earlier in the plan-making process and resolved prior
to the examination”. It said the three gateway checks will reduce the risk of
local plans being found unsound at examination. 81
Speeding up the examination process

The government also proposed speeding up the examination process. It said
the examination of the local plan by the Planning Inspectorate will also form
part of the 30-month timeframe and should last no longer than 6 months. To
speed up the examination process, the government proposed:
• shortening the notification period for hearings from six to three weeks.
• giving interested parties the option to submit a written statement to an

inspector rather than attending the hearing.
• requiring an LPA to consult only on “the most significant amendments”

(for example, where a new site is added to the local plan) if an inspector
recommends ‘main modifications’ to the local plan.
• setting a time limit of three weeks “by default” on the consultation period
and allowing for a longer time period “by exception only”. 82
The Levelling Up and Regeneration Act 2023 will also give planning inspectors
the power to pause the examination process. The government said a pause
will allow an LPA to address issues a planning inspector has identified without
having to withdraw its local plan. The government said a pause should last no
longer than six months. 83
The Levelling Up and Regeneration Act 2023 also contains provisions that will
prevent an LPA from withdrawing its local plan once the LPA has submitted it
for examination unless withdrawal is recommended by a planning inspector
or directed by the Secretary of State. Under section 22 of the Planning and
Compulsory Purchase Act 2004, an LPA can currently withdraw its local plan
at any point.84
80
81
82
83
Schedule 7(15DA) of the Levelling-up and Regeneration Act 2023
84
Section 22 of the Planning and Compulsory Purchase Act 2004; Schedule 7(15E) of the Levelling-up

Monitoring after the end of the 30-month process

The government has proposed that replacing the current requirement for
LPAs to review their local plans at least once every five years from their
adoption date with a new requirement for LPAs to update their local plans
every five years. 85
In addition, the government proposed requiring LPAs to complete “a light

touch annual return”. Every year, LPAs would be required to report on their
progress against certain metrics set out by the government and against
policies in their local plan. The government proposed requiring LPAs to report
on the following:
• Housing, including the number of additional dwellings, affordable units,

and homes on brownfield land.
• Employment, including the change in employment floorspace.
• Environment and open space, including the change in designated open

space, the progress toward net zero emissions from buildings, and the
delivery of 10% biodiversity net gain (which will be a requirement for new
development from January 2024).
Further, after four years of adopting their local plans, LPAs would be required
to complete “a detailed return” to inform updates to the local plan. 86
3.4 Transitional arrangements
The government said LPAs must submit their local plans for examination by 31
June 2025 (and adopt them by 31 December 2026) if they want their local
plans to be adopted under the old plan-making system. If LPAs are not able
to meet these deadlines (or if their local plans fail at examination), then LPAs
must prepare their local plans under the new plan-making system. 87
The government has proposed that local plans which were prepared under
the old plan-making system will continue to be considered ‘up-to-date’ for
the first 30 months of the new plan-making system. It said this will ensure
that LPAs are “protected from the risk of speculative development”, even if
their local plans are more than five years old to allow LPAs to prepare local
plans under the new plan-making system. 88
85
86
reforms, July 2023, para
87
88

3.5 Views on proposed reforms to local plan-

making
Views on the 30-month plan-making process

Organisations representing planners and local authorities expressed support
for the government’s ambition to speed up local plan-making. However, they
questioned whether LPAs would be able to meet the 30-month timeframe.
For example, the LGA said it supported the government’s proposals to speed
up the plan-making process but considered the 30-month timeframe to be
“aspirational”.89 The Planning Officers Society (POS) also said the 30-month
plan-making process was “a highly laudable aim” but questioned whether it
could be achieved.90
The POS said that the three gateway checks and two statutory consultation
periods within the 30-month timeframe would “eat up much of the time” and
argued that LPAs would not “have much capacity for anything else”. 91
These organisations noted that resourcing constraints faced by LPAs could

impact their ability to adhere to the 30-month timeframe. For example, the
RTPI argued that shortened timeframe would “inevitably” place pressure on
“under-staffed and under-resourced” LPAs. 92 The Town and Country Planning
Association (TCPA) also expressed concern that proposed plan-making
process would place an “additional burden” on LPAs and “exacerbate rather
than alleviate” their resourcing problems. 93
Concern about implications for public consultation and engagement

Some organisations also expressed concern that the 30-month timeframe
might limited opportunities for public consultation and engagement. For
example, the LGA said the 30-month timeframe could affect the ability of
LPAs to “meaningfully consult the public” and “to undertake genuinely
constructive public engagement”. The LGA called for “no dilution in plan-
quality and democratic and community engagement”. 94
The TCPA expressed particular concern about the government’s proposals to

shorten the notification period for hearings at examination from six to three
89
LGA, Consultation on implementation of plan-making reforms, October 2023
90
POS, POS response to Levelling-up and Regeneration Bill: Consultation on implementation of plan-
making reforms, October 2023
91
92
RTPI, Response to ‘Levelling-up and Regeneration Bill: Consultation on implementation of plan-
making reforms’, October 2023
93
TCPA, Response to government proposals to reform plan making in England, September 2023
94

weeks. It argued that three weeks were “an unacceptably short period” for
town or parish councils and community groups that usually meet monthly. 95
Support for gateways assessments

On the other hand, organisations such as the LGA and the RTPI expressed
support for the gateway assessments as a way to ensure local plans are
compliant with legal and procedural requirements and to address issues
which posed a risk to the soundness of a local plan.
However, they argued that the same planning inspector should undertake all
three gateway assessments and the examination of the local plan “to ensure
consistency of advice and approach”. 96 The POS highlighted that, if the advice
given at the gateway checks and at examination were to differ, it could result
in “significant problems”. 97
The RTPI also expressed concern that resourcing constraints could impact the
Planning Inspectorate’s ability to support the gateway assessments process
as the Planning Inspectorate was currently “stretched to capacity”.98
Concerns about the impact on local plan-making

Some organisations have expressed concern that the government’s proposed
planning reforms (including proposals to give LPAs greater flexibility to meet
their assessed local housing need) have slowed down local plan-making.
For example, the planning consultancy Lichfields and the RTPI argued that
uncertainty about whether and when the proposed reforms would take effect
have resulted in “an impasse in plan-making”.99 The real estate services
company Savills also noted that “the prospect of planning reform” had led
some LPAs to delay the preparation of their local plans. 100
Lichfields estimated that, as of January 2023, 38 LPAs had delayed, paused or

withdrawn their local plans. In April 2023, Lichfields estimated that a further
ten LPAs had paused work on their emerging local plans. 101 As of September
2023, the Home Builders Federation (HBF) estimated that 60 LPAs had paused
or withdrawn their local plans. 102
95
96
97
98
RTPI, Response to ‘Levelling-up and Regeneration Bill: Consultation on implementation of plan-
making reforms’, October 2023
99
Lichfields, Failing to Plan or Planning to Fail? The State of Local Plan-Making, April 2023; RTPI |
March 2023 NPPF consultation response
100
LUHC Committee, Written evidence: Reforms to national planning policy (PDF), RNP 001 [Savills]
101
Lichfields, Start me up – but then you stopped: the continuing cost of local plan delays, January
2023; Lichfields, Failing to Plan or Planning to Fail? The State of Local Plan-Making, April 2023
102
HBF, Number of new homes gaining planning permission continues to plunge, September 2023

It is not possible to determine whether these LPAs have delayed their local
plans because of a lack of certainty about the proposed reforms to the plan-
making process, because of the possibility of greater flexibility to meet their
assessed local housing need, or for other, unrelated, reasons.
However, Lichfields argued that “the overwhelming mood” among LPAs was
“a cautious one in terms of proceeding with their emerging [local] plans”. 103
The POS said many LPAs were reluctant to continue working on their local
plan “until they know there is certainty” because they expected that “the goal
posts for plan-making” would keep changing. The LGA argued that it was
“inevitable” that some LPAs had paused their local plan-making process:
it is inevitable, when you have notable changes to planning law that people
will not know what is happening, and therefore will make judgements about
whether it is better to wait and have certainty. 104
Committee noted that the government that had not denied that some LPAs
had delayed their local plans as a result of the government’s announcements
of the proposed reforms. However, the government said the analysis of delays
was “probably an overestimate”. 105
The committee concluded, the proposed reforms had slowed down local plan-
making, contrary to government aims. The committee called on the
government to pause further reforms “to allow for a period of stability”.106
Other organisations have also expressed concern that further reforms and
continuing uncertainty would lead to further delays. 107 The POS called on the
government to “announce dates as soon as possible” and also “to stick to an
approach and not deviate again in the future”. 108
103
Lichfields, Start me up – but then you stopped: the continuing cost of local plan delays, January
2023
104
105
LUHC Committee, Oral evidence: Reforms to national planning policy (PDF), 24 April 2023, Q66
106
July 2023, paras 13-15
107
LUHC Committee, Written evidence: Reforms to national planning policy (PDF), RNP 001 [Savills];
HBF, HBF's response to Government's NPPF consultation, March 2023
108
POS, Response to NPPF/LURB Consultation, February 2023

4 Abolishing the ‘duty to cooperate’
4.1 The duty to cooperate in local plan-making
The ‘duty to cooperate’ refers to provisions in section 33A of the Planning and
Compulsory Purchase Act 2004. These require LPAs to cooperate with each
other and with other prescribed bodies in preparing their local plans “so far
as relating to a strategic matter”. A strategic matter is defined as a matter
that relates to the “sustainable development or use of land that has or would
have a significant impact on at least two planning areas”. 109
The duty to cooperate is also set out in the government’s National Planning
Policy Framework (NPPF), which provides a framework against which LPAs
draw up their local plans. The NPPF requires local plans to be “informed by
agreements with other authorities”, for example, “so that unmet [housing]
need from neighbouring areas is accommodated where it is practical to do so
and is consistent with achieving sustainable development”. 110
The duty to cooperate requires LPAs to “engage constructively, actively and

on an ongoing basis” with each other and other prescribed bodies, such as
Homes England, the Environment Agency and Natural England, in preparing
their local plans. 111 It does not require LPAs to prepare joint local plans or to
reach formal agreement on delivering housing or infrastructure, however. 112
To demonstrate that they have engaged with each other, LPAs can prepare a
‘statement of common ground’. A statement of common ground is prepared
by LPAs to set out on which cross-boundaries matters they will cooperate on
and how they will work tougher. 113
Role of the duty to cooperate at examination

Whether LPAs have complied with the duty to cooperate will be tested at
examination by the Planning Inspectorate. If a planning inspector finds that
an LPA has not fulfilled the duty to cooperate, they will likely recommend that
the local plan should be withdrawn. 114
109
Section 33A of the Planning and Compulsory Purchase Act 2004
110
111
Section 33A of the Planning and Compulsory Purchase Act 2004; Regulation 4 of the Town and
Country Planning (Local Planning) (England) Regulations 2012
112
July 2023, para 59
113
114

4.2 Abolishing the duty to cooperate
Schedule 7 of the Levelling Up and Regeneration Act 2023 contains provisions

to replace sections 15 to 37 of the Planning and Compulsory Purchase Act
2004 and thereby to abolish the duty to cooperate (set out in section 33A of
the 2004 Act). The government said it was abolishing the duty to cooperate
because it was “widely criticised as inflexible and burdensome” and caused
“significant delays to the production of local plans”. 115
The provision in the Levelling Up and Regeneration Bill 2023 to abolish the
duty to cooperate have not yet taken effect; they will “come into force on such
day as the Secretary of State may be regulations appoint”. 116
Flexible alignment policy to replace duty to cooperate

The government said it would replace the duty to cooperate with “a flexible
alignment policy” to ensure engagement between LPAs on cross-boundary,
strategic matters. 117 In its consultation on reforms to national planning policy
(December 2022), the government said it would further consult on the flexible
alignment policy. 118 At the time of writing (5 December 2023), a consultation
has not yet been published.
In April 2023, the then Housing Minister, Rachel Mclean said the government
had not yet developed the flexible alignment policy. The Director General for
Regeneration at DLUHC, Emran Mian, said the flexible alignment policy would
be “used for developing infrastructure in common” rather than “as a way of
delivering local housing numbers”:
when it comes to planning for infrastructure, infrastructure projects are going

to span local planning authority boundaries. That is exactly the space where
we think the alignment test will be useful because you would want however
many local planning authorities that have a stake in an infrastructure project
and are going to be affected by that infrastructure project to make local plans
that align so that that infrastructure project delivers the right benefits, can be
delivered to programme and can be delivered in a sensible way. 119
115
HC Deb [Levelling-up and Regeneration Bill (Fourteenth sitting)] 14 July 2022, c464
116
117
118
chapter 4, para 15
119
LUHC Committee, Oral evidence: Reforms to national planning policy (PDF), 24 April 2023, Q94-Q95

Transitional arrangements
In its consultation on reforms to national planning policy (December 2022),
the government said the duty to cooperate “will remain in place” until the
flexible alignment policy takes effect as part of a future revised NPPF. 120
The government also said LPAs must submit their local plans for examination
by 31 June 2025 (and adopt them by 31 December 2026) if they want their local
plans to be adopted under the old plan-making system. It said “existing legal
requirements and duties” such as the duty to cooperate will still apply until
that date.121
4.3 Views on the duty to cooperate
The operation of the duty to cooperate and its effectiveness as a means to

deliver collaboration on strategic matters have been questioned since it was
introduced in the Localism Act 2011. 122
In a 2014 report, the Communities and Local Government (CLG) Committee

found that duty to cooperate did not always deliver collaboration on strategic
matters as it intended to. 123 Similarly, a 2016 report, the Lords National Policy
for the Built Environment Committee concluded that “a prevalent view” was
that the duty to cooperate was not “an adequate substitute for more formal
cooperation on spatial planning”. 124
One concern was that the conversations between neighbouring LPAs had
mostly focused on housing delivery rather than other strategic matters. In its
2014 report, the CLG Committee noted concerns that, in some areas, the duty
to cooperate may be used “to push ‘unwanted’ housing from one authority to
its neighbours”. 125 The County Council Network also argued that the duty to
cooperate often led to a focus on “conversations around housing numbers,
rather than wider matters such as infrastructure provision and delivery”. 126
120
chapter 4, para 15
121
chapter 9, para 4
122
Communities and Local Government (CLG) Committee, Abolition of Regional Spatial Strategies: A
planning vacuum (PDF) HC 517, Second Report of Session 2010–11, March 2011, paras 61-72
123
CLG Committee, Operation of the National Planning Policy Framework (PDF) HC190, Fourth Report
of Session 2014–15, December 2014, para 44
124
Lords National Policy for the Built Environment Committee, Building better places (PDF) HL Paper
100, Report of Session 2015–16, February 2016, para 407
125
CLG Committee, Operation of the National Planning Policy Framework (PDF) HC190, Fourth Report
of Session 2014–15, December 2014, para 44
126
LUHC Committee, Written evidence: The future of the planning system in England (PDF), FPS 121
[County Councils Network]

Another concern was that the duty to cooperate emerged as an issue at the
end of the plan-making process. The HBF said this had caused many LPAs to
be sent “back to square one at examination”. 127
Views on the abolition of the duty to cooperate

The government’s proposals to abolish the duty to cooperate have generally
been welcomed by organisation representing planners, local authorities and
developers. They have expressed concern, however, that there could be little
to no incentive for neighbouring LPAs to cooperate following its abolition. 128
The TCPA highlighted that “many of the critical issues that local plans must
address are cross-boundary […] and require […] strategic planning”. 129
The RTPI highlighted that cooperation was required because administrative

boundaries often do not align with housing or employment market areas. 130
The LGA stated that “some form of strategic planning” was needed to deliver
alignment on infrastructure provisions for new housing developments and to
determine “how local plans fit together”. 131
Committee expressed concern that abolishing the duty to cooperate meant
“removing another incentive for local authorities to meet their local housing
need”. It recommended that the new alignment policy should require
neighbouring LPAs to cooperate on housing delivery or the government
should introduce “other mechanisms to encourage regional cooperation”.
The POS noted that collaboration was not only important for meeting local
housing need but also for delivering infrastructure, managing environmental
and natural assets (such as water) and mitigating and adapting to climate
change. 132 The TCPA also noted that issues, such as climate change, required
coordination “at national, regional and local levels”. It expressed concern
that otherwise risks related to flood management and water catchment
planning could potentially be missed. 133
Committee said the government should ensure that there was no gap
between abolition of the duty to cooperate and adopting the new flexible
alignment policy. It also recommended that “the detail of the new alignment
policy must be defined, consulted on, and […] published”.134
127
LUHC Committee, Written evidence: Reforms to national planning policy (PDF), RNP 016 [HBF]
128
129
130
131
132
133
134
July 2023, para 67

5 Further changes to local plan-making
5.1 Supplementary plans
LPAs can use supplementary planning documents (SPDs) to provide further

detail or guidance on policies in their local plans. SPDs are not part of the
local plan for an area, but they can be material considerations in decision-
making on planning applications. 135

to replace SPDs with ‘supplementary plans’.136 The government said that it is
replacing SPDs because their “status can, in practice, be uncertain”. 137 Unlike
SPDs, supplementary plans will have the same statutory weight as local plans
in decision-making on planning applications.
In its consultation on plan-making reforms (July 2023), the government said

SPDs will remain in place until LPAs have adopted new local plans under the
new plan-making system. 138
Limited scope of supplementary plans

The government said that supplementary plans “are not intended to be used
routinely”. Instead, they are intended to help LPAs “react and respond […] to
unanticipated changes in their area”. Alternatively, the government said that
LPAs can use supplementary plans to provide area-wide design codes (which
they will be required to prepare in future, see section 5.2). 139
Indeed, the Levelling Up and Regeneration Act 2023 sets a limit on the scope
of supplementary plans. LPAs will be able to use them to create area-wide
design codes and/or to set out site-specific policies on affordable housing or
infrastructure. 140 The government said the scope of supplementary plans will
be limited to ensure that “they do not subvert the role of the local plan as the
principal planning policy framework” for an area”. 141
135
DLUHC and MHCLG, Plan-making, last updated October 2021, para 8; DLUHC, National Planning
Policy Framework, last updated September 2023
136
Schedule 7(15CC) of the Levelling-up and Regeneration Act 2023
137
Explanatory Notes to the Levelling Up and Regeneration Bill (HL Bill 84) 2022-23, para 1445
138
reforms, July 2023
139
140
Schedule 7(15CC) of the Levelling-up and Regeneration Act 2023
141

Consultation and examination requirements

The requirements for producing SPDs are set out in part 5 of the Town and
Country Planning (Local Planning) (England) Regulations 2012. LPAs must
seek the views of their local community on draft SPDs and take these into
account. However, SPDs are not examined by the Planning Inspectorate. 142
The requirements for producing supplementary plans will also be set out in
regulations under the Levelling Up and Regeneration Act 2023. The 2023 Act
provides that these regulations must make provisions for supplementary
plans to be subject to consultation and examination. In its consultation on
plan-making reforms (July 2023), the government proposed:
• Supplementary plans should undergo “a single formal stage of

consultation” where statutory bodies and the local community are
consulted at the same time.
• Examinations will usually take “the form of written representations”,

although an examiner can choose to hold a hearing if they think it is
necessary. 143
Reaction to the government’s reforms

The RTPI and the LGA expressed concern that the scope of supplementary
plans would be limited, compared to SPDs. The RTPI argued that, as a result,
some of the issues currently covered by SPDs may no longer be covered.144
The government said that LPAs could ensure that “important policies which
are required for decision-making purposes” which currently set out in SPDs
could be incorporated in their local plans. 145
The LGA also expressed concern that the resourcing constraints faced by LPAs
could impact their ability to produce supplementary plans. The LGA said that,
because supplementary plans will be subject to examination, LPAs may face
“an additional burden” in producing them. 146 The Association of Directors of
Environment, Planning and Transport shared concerns that supplementary
plans would “take more time and resources to produce”. 147
142
Part 5 of the Town and Country Planning (Local Planning) (England) Regulations 2012
143
144
RTPI, NPPF consultation response, March 2023; LGA, Consultation on implementation of plan-
145
146
2023
147
Why councils are alarmed at proposals to phase out supplementary planning documents, Planning
Resource Magazine [subscription required], March 2023

5.2 Design codes

that require LPAs to prepare local design codes for their area. 148 A design
code is “a set of illustrated design requirements that provide specific,
detailed parameters for the physical development of a site or area”. 149
The NPPF, which provides a framework against which LPAs draw up their local
plans, already encourages LPAs to prepare design guides and codes as part
of their local plans or set them out in SPDs. 150 However, LPAs are not currently
required to prepare design guides or codes.
Once relevant regulations have been brought into force, LPAs will be required
to prepare local design codes either in the form of supplementary plans or as
part of their local plans. Because both supplementary plans and local plans
have statutory weight in decision-making on planning applications, in future,
proposed developments will be required to adhere to requirements set out in
local design codes.
Further, the government has proposed changes to the NPPF to “emphasise

the role of beauty and placemaking […] to further encourage beautiful
development”. It said LPAs should “ask for beauty” and “refuse ugliness”. 151
Reaction to the reforms

The LGA and the POS welcomed provisions to require LPAS to produce local
design codes, 152 as did developers, such as the Vistry Group. 153 The UK Green
Building Council (UKGBC), which aims to transform the sustainability of the
built environment, also welcomed the provisions. It said design codes could
reduce opposition to development linked to concerns about visual impacts. 154
However, some organisations criticised the government’s consultation on

reforms to national planning policy (December 2022) for not defining what it
meant by “beautiful” and “ugly”. The POS argued that “the terms were highly
subjective” and, therefore, “generally unhelpful”. 155
148
Schedule 7(15F) of the Levelling Up and Regeneration Act 2023
149
DLUHC, Design: process and tools, last updated October 2019, para 8
150
151
chapter 6, para 5
152
LGA, Planning reforms, June 2022; POS, Response to NPPF/LURB Consultation, February 2023
153
LUHC Committee, Written evidence: Reforms to national planning policy (PDF), RNP 018 [Vistry
Group]
154
UK Green Building Council, Response to Government Consultation on National Planning Policy
Framework, March 2023
155
POS, Response to NPPF/LURB Consultation, February 2023; LGA, Levelling-up and Regeneration Bill:
Reforms to National Planning Policy Consultation, March 2023

The Vistry Group called on the government to “create a consensus around

what is good design and how this contributes to placemaking”. 156 Similarly,
the real estate services company Savills called on the government to provide
“a clear definition of what represents ‘beauty’ in a planning context”. 157
156
LUHC Committee, Written evidence: Reforms to national planning policy (PDF), RNP 018 [Vistry
Group]
157
LUHC Committee, Written evidence: Reforms to national planning policy (PDF), RNP 001 [Savills]

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Research Briefing

Sources and subscriptions for MPs and staff

If you have any comments on our briefings please email

2 Commons Library Research Briefing, 5 December 2023

1 Background to planning reforms 6

1.1 Government target: 300,000 homes per year 6

2 A new category of planning policies: National Development

2.1 How planning applications are decided 9

3 Proposed reforms to local plan-making 15

3.1 Requirement to prepare a local plan 15

4 Abolishing the ‘duty to cooperate’ 26

4.1 The duty to cooperate in local plan-making 26

5 Further changes to local plan-making 30

5.1 Supplementary plans 30

3 Commons Library Research Briefing, 5 December 2023

The government is changing planning law with the Levelling Up and

Levelling Up and Regeneration Act 2023

National Development Management Policies (NDMPs)

NDMPs will carry the same weight as local plans in decision-making on

Further changes to planning law in the 2023 Act

• Abolishing the ‘duty to cooperate’, which requires LPAs to cooperate with

4 Commons Library Research Briefing, 5 December 2023

• Replacing supplementary planning documents (SPDs) used to expand on

• Introducing a statutory requirement for LPAs to prepare design codes, in

Proposed reforms in addition to the 2023 Act

Proposed reforms to the plan-making process

The government has proposed changing regulations to require LPAs to

• two rounds of consultations to allow the local community and certain

Views on the proposed reforms

5 Commons Library Research Briefing, 5 December 2023

1 Background to planning reforms

In May 2022, the government published the Levelling Up and Regeneration

This briefing provides further information on some of the Act’s planning

Planning is a devolved matter. This briefing focuses on England only as the

1.1 Government target: 300,000 homes per year

In its 2019 election manifesto, the Conservative Party committed to building

6 Commons Library Research Briefing, 5 December 2023

Why are new homes needed?

1.2 Planning for the Future (August 2020)

• Streamlining the planning process by placing land in three categories:

• Introducing “general development management policies nationally” and

• Establishing a nationally-determined, binding housing target that local

• Requiring local plans to be developed over a 30-month period. Local

7 Commons Library Research Briefing, 5 December 2023

• Replacing the tests of soundness when a draft local plan is examined,

The government consulted on changes proposed in the White Paper between

1.3 Levelling Up and Regeneration Act 2023

In May 2022, the government published the Levelling Up and Regeneration

• establishes a new category of national planning policies: national

• creates a statutory requirement for LPAs to produce a single local plan

• abolishes the ‘duty to cooperate’, which requires LPAs to cooperate with

• introduces a statutory requirement for LPAs to prepare design codes,

8 Commons Library Research Briefing, 5 December 2023

2 A new category of planning policies:

2.1 How planning applications are decided

There is no defined list of material considerations set out in planning law or

One important material consideration is the government’s National Planning

1 What are local plans?

9 Commons Library Research Briefing, 5 December 2023