Will Design Codes bring about change?
The National Model Design Code (‘NMDC’) was published by the Government in 2021, alongside some accompanying changes to the National Planning Policy Framework (‘NPPF’) and seeks to develop a greater role for design coding within the planning system. The NMDC provides detailed guidance for Local Planning Authorities (LPAs) on the preparation of their own area wide design codes / guides and policies to help promote successful design.
It is intended that the area-wide design codes will be adopted as part of the local plan or as supplementary planning guidance and act as a framework for detailed design codes, prepared for specific areas or site, and led by either LPAs or developers as part of the planning application process.
Design has been an ongoing focus in emerging planning policy and legislation for a number of years, with Boris Johnson’s ‘Planning for the Future’ White Paper in August 2020 being littered with the concept of ‘beauty’ within placemaking and the first introduction of the use of design coding alongside the ‘build, build, build’ agenda. Further, the Levelling Up and Regeneration Bill, which is currently working its way through Parliament, also outlines the intention for a strengthened role of the NMDC in ensuring locally informed and clear design standards are in place in all parts of the country which will have full weight in decision-making.
Across Greater Manchester, like most of the country, there is a varied approach to design policy between local authority areas. Manchester City Council (‘MCC’) published their Residential Quality Guidance in 2016, which provides clear guidance for developers on residential-led developments and has driven up the quality of new housing stock which has come forward across the city. MCC has also successfully used Strategic Regeneration Frameworks (‘SRFs’) to guide development in specific parts of the regional centre, and whilst providing not only design-focused guidance, they are a good indication of how clear area-based guidance is able to provide the certainty that developers are looking for.
Trafford Council are the first out of the blocks within Greater Manchester having prepared their new design code, which they have developed with the assistance of the Department for Levelling up, Housing and Communities (‘DLUHC’) through the Design Code Pathfinders Programme. The Design Code identifies a series of area ‘types’ across the borough and outlines the design principles for varying forms of development within these areas. The code is currently subject of a consultation process which is due to run until 25 September 2023.
Design codes have the ability to bring about a number of positive changes to the planning process. In establishing the parameters for expected design quality within a particular local authority area, or on specific sites, it should in theory provide greater certainty for applicants on what is likely to be acceptable and make it easier for planning officers to make decisions, therefore leading to a more streamlined process at pre-application and determination stage. Design Codes should also provide consistency in advice being given across different schemes within the same local authority area.
Resource challenges within LPAs have been well documented and the use of design codes which reduce the need for extensive pre-application discussions could again, in theory, provide some relief albeit clearly significant resource within LPA’s would be required to prepare the design codes in the first place. LPAs will need to undertake the appropriate consultation on emerging guidance in the preparation of design codes to ensure there is ‘buy-in’ from interested parties.
For design codes to be successful they will need political backing so that planning officers are able to make decisions in line with codes with the comfort that they will be supported by elected Members. This will also extend to Government intervention, whereby in theory, the use of design codes should prevent schemes being recovered, such as the Berkeley Homes scheme in Kent which was recovered and refused by Michael Gove on design grounds, and is now subject to a legal challenge.
Despite the opportunities which could be brought by wider use of design codes, there is also some cautiousness in respect of the expectations of LPAs and the potential impact upon scheme viability. In the current climate, with rising interest rates and inflation amongst other factors, ensuring schemes are deliverable is an ongoing challenge so there will need to be a balance reached between achieving good design but also approving schemes which are capable of being built.
The ‘proof of the pudding will be in the eating’ for design codes and it will be interesting to see how restrictive they may be or if they will be provide a greater certainty for developers and help ‘smooth the way’ or provide another hurdle to overcome.
If you have any queries on anything relating to Design Codes, do get in touch with us.
