Episode 146 - *Bonus* Legislation Changes & Updates in 2025

This week we will be talking about Legislation changes & updates that will be coming into force in 2025. This episode content meets PC3 - Legal Framework and Processes of the Part 3 Criteria.

Resources from today's episode:

 Website:

• https://www.gov.uk/government/news/new-council-powers-to-boost-housebuilding-and-infrastructure
• https://www.planninggeek.co.uk/2024/4-year-rule-changes/
• https://www.gov.uk/government/consultations/the-future-homes-and-buildings-standards-2023-consultation/the-future-homes-and-buildings-standards-2023-consultation
• https://www.gov.uk/government/news/planning-overhaul-to-reach-15-million-new-homes

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Transcript

Episode 146:

Hello and Welcome to the Part3 with me podcast. 

The show that helps part 3 students jump-start into their careers as qualified architects and also provides refresher episodes for practising architects. I am your host Maria Skoutari and this week is a bonus episode on the anticipated legislation expected to be released in 2025. Todays episode meets PC3 of the Part 3 Criteria.

In 2024 we saw a number of legislation changes and updates come in to force including Biodiversity Net Gain, part of the Levelling up and Regeneration Act 2023 where implement and the consultation on an updated National Planning Policy Framework commenced towards the end of 2024.

Now in 2025 we are expecting a number of changes to be implemented in the planning regime. Which includes: 

• The publication of two National Planning Policy Frameworks, briefly covered in episode 126
• The Planning and Infrastructure Bill
• Future Homes Standard, covered in episode 72
• Future Buildings Standard, covered in episode 82
• Review and implementation of national policies including making housing targets mandatory for local authorities 
• There have also been decisions that the Government will be seeking to update the National Design Guide and National Model Design Code in spring 2025

All these changes and updates aim to accelerate house building to deliver 1.5 million new homes and streamline the planning process to support economic growth and address housing shortages across the UK.

Now lets briefly look into what each element I mentioned seeks to deliver. I covered some of them more thoroughly in previous episodes but I will give a brief overview in todays episode to provide a refresh on what is anticipated to come along in 2025. 

1. Starting with the National Planning Policy Framework:

I mentioned that two publications will be made available, each focusing on different elements. The first NPFF, will be the revised publication of the current NPPF whereby previous Government policies are to be removed. Including removal of the reduced 4 year housing requirements, increased housing targets and a requirement to conduct Green Belt reviews to meet an authority’s housing needs. These changes will also set out the ‘golden rules’ surrounding Green Belt release and provide more clarity over what is meant by Grey Belt, enabling the planning and development sector to better understand where opportunities lie to bring forward the most sustainably located land for development, which I expanded on in episode 126.

Now in terms of the second NPPF, this is expected to be a new slimmed down Labour NPPF which focused solely on plan making. Separately, a new suite of National Development Management Policies would, set out national policy on development management. The planning minister has suggested that this would streamline and accelerate the determination of planning applications, by avoiding the need for local plans to duplicated National Development Management Policies.

2. Then we have the Planning and Infrastructure Bill:

Which is anticipated to: 

• Simplify the consenting process for major infrastructure projects;
• Reform Compulsory Purchase Order compensation “to ensure that compensation paid to landowners is fair but not excessive where important social and physical infrastructure and affordable housing are being delivered”. This has been taken in the development industry to represent a form of land value capping.
• Modernise planning committees. This may include proposals to require the delegation of specific categories of applications to officers and limit the size of committees.
• Increase local authority planning officer capacity. 300 new officers were funded by the Autumn Budget, but the Government may expand on this.
• Funding nature recovery where development is stalled. The Government published a working paper on nature recovery and potential strategies to address this on 15th December 2024.

Some additional elements which are anticipated may form part of the Bill also include:

• Wider reform to the compulsory purchase process. The Government’s response to the NPPF consultation indicates that the Bill will not be limited to Compulsory Purchase Order compensation matters. The Government has just started a process of consultation on potential Compulsory Purchase Order reforms, due to conclude on 13 February 2025;
• Additional powers to enable local planning authorities to refuse applications made by developers who have failed to build out previous planning permissions within the authority’s area;
• A power enabling local planning authorities to vary and/or set locally-specific planning application fees;
• Additional measures to address Hillside risks, where drop-in planning applications conflict with pre-existing outline permissions.

For this bill there is no immediate timetable for consultation, but it is expected to be next on the Government’s agenda following the amendments to the NPPF. I will provide more details on this bill as soon as it has been released.

3. Then is the Future Homes Standard which I covered in a previous episode and which is  anticipated to be released in 2025:

The Future Homes Standard aims to decarbonise new homes by focusing on improving heating, hot water systems, and reducing heat waste. This will be achieved in part by replacing current technologies with low-carbon alternatives. In 2025, compliance with the Future Homes Standard will become mandatory. Its aim is to ensure that new homes built from 2025 will produce 75-80% less carbon emissions than homes built under the current Building Regulations. To start implementing these specifications set out in the 2025 Future Homes Standard, the Government updated Parts F and L of the Building Regulations at the end of 2021. Part F introduced new standards for ventilation, while Part L set out minimum energy efficiency performance targets for buildings, airtightness requirements and improved minimum insulation standards. Further updated are expected from the standard in 2025. 

4. Similarly to the Future Homes Standard, which is specific for homes, the Future Buildings Standard is  anticipated to be released in 2025 covering other buildings:

I covered this Standard in a previous episode, but just to reiterate, this standard sets out the changes to Approved Documents L and F of the Building Regulations and focuses on new non-domestic buildings but also includes policy relating to existing non-domestic buildings. The aim of the Future Buildings Standard is:

• For new non-domestic buildings to produce 27% less CO2 emissions in comparison to current buildings as currently, heating and powering buildings accounts for 40% of the UK’s total energy usage.  
• Buildings built to the Future Buildings Standard will be zero carbon ready, with the ability to decarbonise over time 
• Low carbon heat sources for heating and hot water will be integral to the specification of the Future Buildings Standard

Similarly to the Future Homes Standard, the full Future Buildings standard will be implemented in 2025.

5. Now, there have also been discussions for the review and implementation of national policies including making housing targets mandatory for local authorities:

The Levelling Up and Regeneration Act 2023, which I covered in episode 102, put in place a framework for nationally-set development policies to form part of the development plan, covering topics of national importance in relation to the development or use of land in England. The Government has now confirmed that it intends to consult on a set of national policies for decision-making in spring 2025. 

6. And lastly, there have also been decisions that the Government will be seeking to update the National Design Guide and National Model Design Code in spring 2025:

This came from the Levelling Up and Regeneration Act, where every local planning authority will be required to create a design code for their area, integrated into local or supplementary plans and in line with the National Design Guide.

Additionally, a new "street vote" power is to be introduced which allows residents of a street to propose redevelopment plans based on their design preferences. This could give local communities more control over planning decisions, particularly in suburban areas.

Forming part of these changes is also the new infrastructure levy that is intended to replace the current Section 106 agreements and allow local authorities to set varying levy rates for different areas, with the aim of encouraging development on brownfield land.

Neighbourhood plans are also intended to be strengthened, in order to give communities more say in the development of their area, particularly if a plan has been part of the local authority's development for five years.

Ongoing policy review:

Following the revised NPPF in the first instance , the Government intends to publish further policy updates in 2025. Some of those changes have been foreshadowed by Government statements at the end of 2024 which included that:

• The Government will review the Planning Policy for Traveller Sites during the course of the year;
• New planning practice guidance on Local Nature Recovery Strategies will be published as soon as possible in January 2025;
• It is also anticipated that planning fees will increase, including for householder applications, to better resource local planning authorities;
• Further guidance on Green Belt reviews will be published in January 2025, with the objective of ensuring a consistent approach to the identification of grey belt land. Limited guidance was included in the NPPF consultation document which is expected to be finalised and codified;
• The Government has indicated that the Department for Environment, Food and Rural Affairs is carrying out an active review into whether the biodiversity net gain regime is working as intended, or whether the Department needs to do more in this respect. It is also understood that Natural England intends to publish a report in 2025 evaluating progress to date on biodiversity net gain;
• And lastly, it is anticipated there will be a review of guidance on viability and benchmark land values in 2025. The NPPF consultation included a variety of benchmark land value proposals in relation to Green Belt sites which did not ultimately form part of the final NPPF amendments, but it is expect to see this concept revisited as part of the review.

These are roughly the changes we are expecting in 2025, although, it is expected that the Government will remain focused on making changes to the planning regime with the objective of enabling and unlocking the delivery of homes. A regular process of consultation and legislative reform is therefore anticipated, leading with the reform of the Planning and Infrastructure Bill, which we expect to hear more about the substance of in early 2025.

To sum up what I covered today:

• National Planning Policy Frameworks (NPPFs): Two versions of the NPPF will be published in 2025: A revised version of the current framework to streamline housing targets, Green Belt reviews, and clarify "Grey Belt" land opportunities. And the second will be a new, simplified Labour NPPF focusing solely on plan-making and introducing National Development Management Policies to expedite planning processes.
• Planning and Infrastructure Bill: Expected to simplify major infrastructure project approvals, reform compulsory purchase order compensation, and modernise planning committees. Proposals include addressing stalled developments, enabling local planning authorities to refuse applications for non-compliance, and allowing locally specific planning fees.
• Future Homes and Future Buildings Standards: The Future Homes Standard (2025) aims to cut carbon emissions from new homes by 75-80% through improved energy efficiency and low-carbon technologies. The Future Buildings Standard focuses on reducing CO2 emissions in new non-domestic buildings by 27%, achieving zero-carbon readiness.
• Mandatory Housing Targets and National Design Updates: Housing targets will become mandatory for local authorities, with consultations on national policies scheduled for spring 2025. Updates to the National Design Guide and Model Design Code will require local design codes and introduce a "street vote" power for community-driven planning.
• Ongoing Policy Revisions and Biodiversity Goals: Reviews on Green Belt guidance, Local Nature Recovery Strategies, planning fees, and biodiversity net gain effectiveness are planned for 2025. The Department for Environment, Food and Rural Affairs (DEFRA) and Natural England will assess progress in biodiversity initiatives, aiming for better outcomes under the Biodiversity Net Gain regime.