NPPF 2026: Factors to consider when calling last orders

The National Planning Policy Framework acts as the Government’s mouthpiece in commanding how planning policies and decisions should control development, and since the initial publication of the NPPF in 2012 its content, where relating to community facilities, has been largely aspirational.

Today’s revised NPPF takes a different approach to its predecessors and seeks to impose national decision-making policies to help streamline the planning process and align the policies in each local authority area.

Previously, the NPPF placed a presumption in favour of encouraging shared spaces and community facilities, including pubs and village shops, but was largely mute as to the retention of existing community facilities - the criteria for justifying their loss being set by each Local Planning Authority.

The new national policies set out three criteria required to justify the loss of a community facility:

1)   It can be demonstrated that there is no reasonable prospect of the use being retained due to commercial viability reasons (this can be demonstrated through a marketing period of 12 months during which no willing purchasers intended to operate it in that same use); or

2)   The loss resulting from the proposed development would be replaced by equivalent or better provision, in a location which offers comparable accessibility for the community it serves; or

3)   The LPA deems that there is sufficient alternative provision in the local area such that its loss will not diminish access to that facility.

In our experience, it is anticipated that the criteria most relied on will be either 1) or 3). Whilst a period of marketing has been required by some LPAs for several years, the latest changes now set a universal requirement for a marketing period for those rural community facilities where there is no alternative provision. A strategy for the marketing of the venue and an understanding of the timeframes required for submitting a planning application will be an important first step. Full details of all enquiries and the nature of those interested parties during the marketing period should be recorded to provide evidence that the property has been sufficiently marketed. A full analysis of trading history where avaliable will also be important in establishing that the facility is no longer commercially viable.

For those venues within settlements, where there a number of alternative facilities, criterion 3) may be relied on. In justifying the loss of the venue, it would be advantageous to analyse the trading history of the venue and to prove that the venue does not form an essential part of the community, relative to provision elsewhere locally. The strength of local support for the venue will also be important, and whether the venue has been successfully nominated as an Asset of Community Value, under the Localism Act, will be another material consideration. Whilst there is no definition set as to what constitutes alternative provision locally, it should be noted that small village shops fall within Use Class F2 rather than Class E, where there is no alternative provision within 1km.

Whilst proposals for the loss of community facilities have past often faltered at planning committee stage, the new national scheme of delegation, effective for applications determined after 31 October this year, will ensure that minor proposals for change of use will no longer be determined by planning committee. Note that if the property is listed, the works require Listed Building Consent and the LPA deems that the application raises an issue of significance to the local area, it may still be determined by the planning committee.

Whilst these changes will be welcomed by the convivial amongst us, behind the bar these measures will bring little comfort. Pubs continue to close at an alarming rate, down over 20% since 2010 – the year David Cameron heralded the “Big Society” in his localism drive. For the publican totting up the till and wondering whether to pull the last pint, the National Minimum Wage and the end of temporary Business Rates Relief will leave a bitter taste in the mouth that no amount of policy tinkering from Whitehall is likely to sweeten.