UK government eases wildlife rules to support housebuilding

The UK government has announced that a larger number of housing developments will be exempt from rules requiring builders to improve wildlife habitats, as part of the publication of the new National Planning Policy Framework (NPPF).

The move relates to Biodiversity Net Gain (BNG) regulations, which currently require developers to compensate for any loss of nature on their sites. Ministers have been reviewing the rules as part of broader planning reforms.

Environmental groups have expressed concern, warning that widening exemptions could slow progress on nature recovery.

The government said the changes form part of its wider planning overhaul, intended to support the delivery of 1.5m new homes during this Parliament.

Housing minister Matthew Pennycook said: “They will not be without their critics. But in the face of a housing crisis that has become a genuine emergency in parts of Britain, we will act where previous governments have failed,” he said.

In response to the publication of the new NPPF, Fergus Charlton, planning partner at national law firm Michelmores, said: “The government again has the green belt in its sights as being ripe for development. A year ago they introduced grey belt as a category of poor performing green belt on which housing can be built. Now proximity to a train station will further erode the policy protection given to green belt land, and this time the land’s contribution to the green belt purposes will not be taken into account.”

“Piecemeal unplanned developments will increase urban sprawl and will encroach into the countryside, and will not necessarily deliver affordable homes,” he added.

Lawrence Turner, director, Boyer, said: “We welcome the introduction of a clearer, more rules-based NPPF, with a stronger presumption in favour of development in the most sustainable locations and a renewed focus on delivery. Measures such as a permanent presumption for suitably located development, a ‘default yes’ around railway stations, and clearer expectations on urban intensification should help reduce delay and uncertainty, increase developer confidence, and unlock much-needed new homes.

“In particular, we support the strengthening of the presumption in favour of suitably located development. This should give local planning authorities greater confidence to accept the principle of development and focus decision-making on delivery and quality, front-loading certainty for developers, especially on previously developed urban land.

“The emphasis on building homes around railway stations is long overdue, and we support the proposed ‘default yes’ approach. However, minimum density expectations must allow sufficient flexibility to respond to local context, including heritage and townscape considerations, flood risk, site capacity and the availability of deliverable infrastructure. Similarly, higher-density suburban development must continue to meet established NPPF tests relating to residential amenity, parking and design code expectations.

“We welcome the intention to reduce duplicated and inconsistent local standards. This should help speed up plan-making and the determination of application, giving certainty to applicants.

“Finally, we also support the stronger emphasis on bringing forward small and medium sized sites, including the introduction of a new ‘medium development’ category. However, proposals to allow cash-in-lieu affordable housing contributions will only work where there are clear, robust safeguards to ensure this does not simply displace on-site affordable housing delivery.”

CPRE chief executive Roger Mortlock commented: “There is lots to welcome in this draft revision to the National Planning Policy Framework, not least a focus on urban densification, a recognition of the importance of rural affordable housing, and welcome support including targets to encourage more SME builders.

“However, any brownfield-first approach needs teeth. Brownfield targets are still missing. Our research shows that there is room for at least 1.4 million homes on brownfield sites in England alone.

“Our main concern remains the rise of speculative development in the countryside, especially in rural local authorities that have seen a massive increase in their housing targets. Already, every year since 2019, the UK has lost 3,800 acres of countryside on average – equivalent to the footprint of a small city.

“We are wary of any automatic green light for development in the countryside, including in the Green Belt where the government’s ill-defined “grey belt” policy isn’t working. Our research shows that the vast majority of new homes approved on ‘grey belt’ sites will be built on unspoilt countryside, not the disused petrol stations and car parks the government promised last year.”

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