Building on the Stoughton Estate-Part II -How Planning Works

Many people feel frustrated about the house building planning system in England and consider it to be a free for all, where public consultation is simply a sham with councils and developers getting their own way in most cases. Some people understand there may be a need for more housing as we are constantly reminded that there is a housing shortage, but many also fear that the loss of our countryside is unsustainable and wrong. However, most members of the public do not understand how the system works.

The planning system in England is “Plan‑Led”. Every area in England must have a Local Plan, created by the Local Planning Authority, usually the city, district or borough council. These plans set out what can be built, where, and under what conditions. The National Planning Policy Framework (NPPF) provides overarching rules. This includes the numbers of houses to be built in England which are apportioned out amongst local planning authorities, e.g. city, district, and borough councils. The UK Parliament does not pass the NPPF, it does however pass the primary legislation that gives ministers the power to issue national policy and it requires decision-makers to follow it. It also scrutinises policy politically through committees and debates. The NPPF is agreed by the Cabinet in accordance with the political priorities of each sitting government and is delegated to the Secretary of State for Housing, Communities & Local Government, with whom legal authority rests.

Figure 1: How the NPPF is produced (step by step)

Although the Secretary of State signs off the NPPF, influence comes from the Treasury, who give cognisance to growth, GDP and housing supply, developers & land promoters during consultation, the Planning Inspectorate who provide feedback on appeal outcomes, think tanks and housing bodies (e.g. LGA, CPRE, The Home Builders Federation) and political manifesto commitments.

Thus, the NPPF is set by the Secretary of State, not Parliament, and local councils are legally required to give it significant weight.

Each planning authority (city, district, and borough councils) must have a valid and up to date local plan which have been consulted upon and validated by the Planning Inspectorate. The Planning Inspectorate is an independent executive agency of government that reports to the Secretary of State.

It examines Local Plans, decides planning appeals and tests plans for legal compliance and “Soundness” (that it is positively prepared, justified, effective and consistent with national policy).

The planning authority prepares the Local Plan and must ensure it meets objectively assessed housing need, follows NPPF guidance and is subject to Planning Inspector approval.

If the Local Plan is out of date or there isn’t one, presumption in favour of development applies and refusals are much more likely to be overturned on appeal.

The planning authority determines outline planning applications and full planning applications with decisions made by planning officers, who have delegated power, supported by a planning committee of elected councillors.

Local elected councillors determine the local plan at planning committee which is then approved by full council. But Councillors must follow planning law, the local plan and the NPPF. They cannot lawfully refuse housing just because residents object and they must tread carefully as poorly reasoned refusals will lead to lost appeals with associated costs, which the council must bear.

Parish or Town Councils are only consultees in the process and can submit Neighbourhood Plans, which have no statutory weight but can shape where growth goes. Statutory Consultees include the Environment Agency, Highways, etc. Of course, there is public consultation, but this does not really carry much influence and often arguments put forward against development do not fit in with the NPPF and the Local Plan and are thus invalid and ignored. There are specific issues that do carry weight and these will be discussed in part three of this series.

Essentially, councils do not have absolute control over whether homes are built once housing need is established through the NPPF and included in the local plan. At that point, the debate shifts from if to where houses will be allowed. Green belt, green wedge and countryside designations are policy constraints, not reasons to refuse planning permission. Resistance at local level often results in more speculative development and more appeal wins for developers.

In the case of Harborough District Council (HDC), it controls drafting the Local Plan (2020–2041), choosing which sites meet the housing number, attaching conditions and Section 106 obligations, such as improving a road or building a school or GP surgery. Refusing applications is only defensible in policy terms. HDC is not in control of the housing number itself (once tested), whether development happens somewhere in the district and appeals are lodged once a refusal is made.

At appeal, planning inspectors will reach an interpretation of any exceptional circumstances that would allow the appeal, identify what are sustainable locations and determine the five-year housing land supply.

Councils need to ensure their Local Plan remains up to date so they can positively manage built development and protect areas from inappropriate development. The draft local HDC plan is the long-term plan to guide development within the district in the period to 2041.  It sets out a strategy for the amount, location and design of new built development (such as homes, schools, employment, retail) whilst helping to protect the countryside, important green spaces and the unique built and natural heritage from inappropriate development, as well as improve the natural environment and tackle climate change.

The HDC Local Plan has vulnerability as HDC has historically been slow to adopt a fully compliant Local Plan, has been reliant on strategic site allocations and is under pressure to demonstrate a five-year housing land supply. The new Harborough District Local Plan (2020-2041) is still in the plan-making process and has not been formally approved or adopted yet, it is awaiting examination and the inspector’s report, which is likely to continue into 2026. Thus, until approved the previous plan (2011-2031) stands.

Further pressure is brought to bear upon HDC as Leicester City Council, despite having many brownfield sites, cannot meet its housing need targets, which Leicestershire councils then must accept a share of.

Added to this is the current labour government’s priority to stimulate growth and increase house building. They have substantial housebuilding goals that aim to deliver around 1.5 million new homes in England over the current Parliament to tackle the shortage of affordable homes. They have also issued mandatory housing targets for local authorities to plan for an increased number of homes, including requirements for sizable affordable housing shares in new developments.

It can be seen from this that councils, including Harborough District Council have very limited powers, if any, to stave off the pressure of year-on-year housing development and the public has even less influence.

Sources:

1-https://www.harborough.gov.uk/info/20004/planning_strategy/528/new_local_plan?utm

2-https://harborough.oc2.uk/document/21/1294?utm

3-https://www.gov.uk/government/news/new-homes-accelerator-to-unblock-thousands-of-new-homes?utm

4-https://questions-statements.parliament.uk/written-statements/detail/2025-02-13/hlws447?utm

5- https://www.leicester.gov.uk/media/yqtph511/green-wedge-tp.pdf?utm