Draft NPPF Consultation and the Planning and Infrastructure Act
Policy, Policy, Policy. This is the month when govt sensibly decides to bombard our inboxes with lots to read. In turn, we think it is best to focus on the changes that will lead us into 2026.
This December sees another update for the NPPF! The Draft NPPF was published on 16th December 2025, with consultation open until 10th March 2026.
The Draft NPPF incorporates a lot of changes and brings together pieces from the wider planning reform. No tracked changes this time. The Government's views is the changes are too substantial. Also notable the policy referencing has completely changed.
Some of the key changes in the Draft NPPF:
Gone are the paragraph numbers we were all familiar with. The revised NPPF is divided into Plan Making Policies and National Decision Making Policies (NDMPs). This change should clearly set out the policies to use for determining applications and the policies to establish local, strategic and neighbourhood plans.
The NDMPs should reduce the scale and repetition in Local Plans, helping local authorities to meet the new 30-month plan making targets.
Strategic Planning will allocate housing need to local authorities.
The tilted balance has been revised with two new policies for development within existing settlements and development outside of settlements.
More support for housebuilding near train stations and SME developers, with the new ‘medium’ development category of 10 – 49 units.
New policies for climate change and sustainable development, including policies for wildfires.
A presumption that other services work effectively, such as water or energy companies, to reduce the non-planning work at application stage.
Planning Practice Guidance, which currently has equal weight to the NPPF, will have a supporting role to the NPPF.
Enforcement purpose (see below)
Heritage test for "less than substantial harm" gone but replaced with something similar? Or not?
Changes to the categorisation of trees.
This has not been picked up a lot in commentary (though thanks to Killian Garvey for raising as a potentially significant update) but proposed policy DM8 strengthens the test for unauthorised development. Essentially decision makers will be allowed to reject retrospective applications or enforcement appeals if it can be proved the unauthorised works were "intentional". This is a massive change assuming it becomes adopted policy. The test for "intentional" will be tested in the courts for certain.
Legal commentators disagree about the significance of the loss of the "less than substantial" harm test for impact on heritage assets. Policy HE5 proposes a range of potential impacts from positive to total loss of significance. This looks clearly to us but it will be interesting to understand the views of heritage practitioners.
Additionally, the Planning and Infrastructure Bill received Royal Assent and became law on the 18th December 2025. Some parts of the Act will be implemented immediately, with more coming into force on the 18th February and Spring/Summer 2026.
The Planning and Infrastructure Act contains further pieces of the wider planning reform puzzle:
Revisions to the Nationally Significant Infrastructure Projects (NSIPs) regime to boost and streamline the delivery of infrastructure projects
Introducing new measures for strategic planning across local authorities with the introduction of Spatial Development Strategies (SDS)
Local authorities will have the opportunity to set their own planning fees
Revise the grid connection system to boost green energy connectivity and growth
Additional powers for Development Corporations
Compulsory Purchase Order (CPO) reforms for affordable housing, education and healthcare facilities
Natural England will devise Environmental Delivery Plans (EDPs) and manage a Nature Restoration Levy fund
Natural England have started several draft EDPs, aiming to produce 16 EDPs for nutrient pollution from development affecting protected sites and 7 EDPs for great crested newts for development (including infrastructure) in parts of England.
We will look forward to more updates as the Act and NPPF progress in 2026 and wish all of our clients a very happy New Year from the team here at WEA Planning.
Please do not hesitate to contact a member of the WEA Planning team if you have a new project requiring permission in the new year.