This article aims to explore recent case law and the NPPF consultation which highlights the growing importance for Neighbourhood Development Plans.
NDP Policies and Allocations
The Stephens Scown Planning team were involved in a High Court challenge to an Inspector’s appeal decision in 2025, where the Inspector stated that a Neighbourhood Development Plan (‘NDP’) included both policies and allocations to meet the housing need. Once the claim was filed in the High Court the Secretary of State accepted that the Inspector had made an error and the NDP did not in fact include any allocations – and therefore did not have protection from para 14 NPPF – it was therefore not necessary for the matter to proceed to a hearing.
The requirement for an NDP to have both policies and allocations was confirmed in a recent case Edith Weston Parish Council v SSHCLG [2025] EWHC 2908 (Admin). Whilst all parties accepted that in allowing an appeal, the Inspector had erred as to the status of the NDP, the judge refused to quash the permission because it was considered that the outcome would have been no different had the correct position been adopted. The reason for the judge’s position was that the NDP did not allocate sites to meet the identified housing requirement in full and so the ‘tilted balance’ applied, and the NDP policies did not receive protection from para 14 of the NPPF.
This issue has become particularly relevant given the significant increases in the number of houses required under the ‘new standard method’, meaning that many Planning Authorities cannot now demonstrate a 5 Year Housing Land Supply, and therefore the ‘tilted balance’ (para 11 NPPF) applies.
New NPPF
In accordance with tradition planning practitioners received a brand new (consultation) version of the NPPF immediately before Christmas. The government is consulting on this new draft NPPF until 10 March 2026.
This new draft builds on the changes implemented in December 2024 and also introduces new (but non-statutory) National Development Management Policies (‘NDMPs’), so the document looks very different, but the themes will be familiar.
It is important to note that whilst these NDMPs are only material considerations, they are capable of meaning that planning decisions should be made otherwise than ‘in accordance with the development plan’ (as can the current NPPF).
In terms of Neighbourhood Plans, the new draft version retains protection for NDPs <5 years old where they also contain allocations sufficient to meet the identified housing requirement (see above).
Implications
Local Councils should be aware that NDP Policies will only benefit from para 14 NPPF protection where they have both policies and allocations to meet the identified housing need.
In many cases where there is no 5 Year Housing Land Supply such a lack of allocations will mean that a ‘settlement boundary’ which is tightly drawn around existing properties will be insufficient to prevent planning permission being granted under the ‘tilted balance’.
Where NDPs are to benefit from protection against the ‘tilted balance’ they will need to ensure that they include sufficient allocations to meet the identified need (at least until a future version of the NPPF is published!)
If you require advice regarding this then please get in contact with our Planning team.