Member Article

The Chancellor’s statement on 8 July 2024 stated that mandatory housing targets will be restored as part of the reform of the National Planning Policy Framework in England and Wales. This is expected to be included in the King’s speech on 17 July.

The planning regime in Scotland is devolved and it is the National Planning Framework 4 (NPF4) that applies.

Challenges and court cases followed the publication of NPF4 in February 2023. This includes a decision in the relatively recent Court of Session case of Miller Homes v Scottish Ministers where it was stated that the effect of NPF4 Policy 16 “Quality Homes” is that housing targets no longer apply.

Guidance on the application of NPF4, and not least Policy 16, had been sought by numerous bodies, including the housing industry. Those calls were amplified following the decision in the Miller Homes case and a separate retail case.

The Scottish Government declared a national housing emergency in May 2024. On 27 June, the Chief Planner and Minister responsible for Planning in Scotland published a letter, addressed to stakeholders on planning for housing, which sought to provide further clarification on the application of Policy 16 “Quality Homes”.

That letter affirms that the former Scottish Planning Policy concepts of maintaining an effective five-year housing land supply, shortfalls in housing land supply and the tilted balance are no longer applicable as a consequence of NPF4.

The letter does refer to an intention to develop “a more positive dialogue on planning for housing”, finding “constructive solutions to challenges”, “working collectively” and remaining committed to working “collaboratively with all those with an interest in planning and housing”.

The national housing emergency must be addressed sooner rather than later and the role of planning cannot be underestimated.

 

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