October 2019 Addendum
Development Standards SPD (September 2012)
The NPPF confirms Supplementary Planning Documents (SPDs) can be used to provide further guidance for development on specific sites, or on particular issues. The National Park Authority has adopted a number of SPDs to add further detail to policies within the statutory development plan.
The National Planning Practice Guidance (NPPG) section on ‘Plan-making’ provides further guidance on the role of SPDs, stating:
- SPDs should build upon and provide more detailed advice or guidance on policies in an adopted development plan.
- As they do not form part of the development plan, they cannot introduce new planning policies into the development plan.
- They are however a ‘material consideration’ in planning decision-making.
Planning case law confirms that the weight afforded to SPDs by the decision-maker (whether that is Authority officers for delegated decisions, members of the Authority’s Planning Committee or the Planning Inspectorate for appeals) is proportionate to the degree of consistency between the SPD and the statutory development plan policies.
At the full National Park Authority meeting on 10 October 2019, members unanimously endorsed a report setting out the weight to be afforded to adopted SPDs as material considerations in future planning decisions. It was resolved that elements of the Development Standards SPD (September 2012) can continue to be given weight as a material planning consideration as they supplement policies in the adopted development plan. The Authority also concluded that there are sections of the Development Standards SPD that no longer have strategic policy ‘hooks’ in the adopted development plan and therefore they should not be afforded weight as a material planning consideration. Further detail is set out below.
| Development Standards SPD (adopted September 2012) |
Main Core Strategy policy ‘hooks’ |
Main Local Plan (2019) policy ‘hooks’ |
| Policy hooks |
Policy DP1: General development principles |
Policy DP2: General development principles |
| Policy CP1: Nature conservation sites of international importance |
Policy SP5: Nature conservation sites of international importance |
| Policy DP3: Open space |
Policy DP10: Open space |
| Policy CP11: Affordable housing |
Policy SP27: Affordable housing within the defined villages |
| Policy DP15: Developer contributions & infrastructure provision |
Policy SP38: Infrastructure provision and developer contributions |
Conclusion on weight
Section 2 and Annex 1: Parking and Cycle Standards
The new Local Plan (2019) provides car and cycle parking standards in Annex 2. The guidance contained within Section 2 and Annex 1 of the Development Standards SPD has therefore been superseded by the new development plan policies. It is concluded that Section 2 and Annex 1 of the Development Standards SPD have no weight as a material consideration in future planning decisions.
Section 3 and Annex 3: Affordable Housing
The Local Plan (2019) affordable housing policy (SP27) states that, at the Authority’s discretion, financial contributions in lieu of on-site affordable housing may be accepted on smaller sites. Annex 3 of the adopted Development Standards SPD sets out the level of financial contribution towards affordable housing currently sought and there remains a legitimate role (and policy hook) for this. It is therefore concluded that Section 3 and Annex 3 of the Development Standards SPD continue to have weight as a material planning consideration in supplementing Policy SP27 in the Local Plan.
Section 4: Sustainable Construction
This section supplemented Core Strategy Policy DP1 on sustainable construction and the Code for Sustainable Homes. In 2015 the Government announced changes meaning authorities could no longer require compliance with the Code and the new Local Plan does not require compliance with the Code. With this strategic policy hook absent, it is concluded that Section 4 of the Development Standards SPD has no weight as a material consideration in future planning decisions.
Section 5 and Annex 4: Open space
Policy DP10 in the Local Plan (2019) states that where there is an identified need, development should provide for the enhancement of existing open space, or provide on-site open space to the required standard. This approach is similar to the previous Core Strategy policy and therefore Section 5 and Annex 4 continue to have a role in providing detail on the application of new policy DP10. It is therefore concluded that Section 5 and Annex 4 of the Development Standards SPD continue to have weight as a material planning consideration in supplementing Policy DP10 in the Local Plan.
Section 6 and Annex 5: Habitat Protection
Policy SP5 in the Local Plan (2019) sets out the strategic approach to international nature conservation sites. The Local Plan HRA could not rule out recreational impacts arising from new housing and visitor accommodation on various Natura 2000 sites. Paragraph 5.11 of the Local Plan confirms mitigation is required for these forms of development and Policy SP5 refers to the Authority’s Habitat Mitigation Scheme. This scheme is currently set out in Annex 5 of the Development Standards SPD and the Authority has committed to updating the scheme. In the meantime, it is concluded that Section 6 and Annex 5 of the Development Standards SPD continue to have weight as a material planning consideration in supplementing Policy SP5 in the Local Plan.
New Forest National Park Authority
October 2019