National Development Management Policies: What Their Non-Statutory Status Really Means

Recent parliamentary evidence has confirmed that National Development Management Policies (NDMPs) will carry non-statutory status, positioning them as guidance rather than binding policy. This places them on a similar footing to the National Planning Practice Guidance (NPPG), rather than the National Planning Policy Framework (NPPF). For practitioners and clients alike, this is a significant detail that will shape how we navigate the planning system in the months and years ahead.

(Source: Chris McAndrew)

What Are NDMPs?

NDMPs were introduced as part of the government's wider planning reforms, intended to provide consistent national standards on common development management matters. The aim was to reduce repetition across local plans and streamline decision-making by establishing clear, nationally applicable policies on issues that arise frequently in planning applications.

On paper, this sounded like a pragmatic approach to reducing complexity in a system often criticised for its lack of consistency between local planning authorities.

The Reality: Guidance, Not Policy

However, the confirmation that NDMPs will be non-statutory changes the picture considerably. In practical terms, this means:

• Local Plans retain primacy: NDMPs cannot override adopted local plan policies. Where conflicts arise, the development plan takes precedence.

• Material consideration, not determinative weight: NDMPs will be a material consideration in decision-making but they will not carry the weight of statutory development plan policy.

• Limited enforceability: without statutory status, NDMPs lack the strength needed to ensure consistent application across different local planning authorities.

  
  

This is not dissimilar to how the NPPG operates – useful and informative but ultimately not the final word when it comes to determining planning applications.

What Does This Mean for Practitioners and Clients?

At Bluestone Planning, we are closely monitoring how these policy changes will affect the work we do for our clients. The non-statutory status of NDMPs has several practical implications:

1. Local Plans Remain Critical

The continued primacy of the development plan reinforces what we already know: having an up-to-date, robust local plan is essential. Authorities with recently adopted plans will continue to benefit from the certainty and control this provides. Conversely, areas with outdated or absent local plan policies will remain vulnerable to speculative development and appeals.

For landowners and developers, understanding the specific policies within the relevant local plan, rather than relying on national standards, remains paramount. This is something we emphasise with all our clients when assessing site opportunities.

2. Another Layer, Not Simplification

One of the stated aims of planning reform was to simplify and streamline the system. However, introducing NDMPs as non-statutory guidance risks adding another layer to navigate rather than removing complexity. We will need to consider NDMPs alongside the NPPF, NPPG, local plans, neighbourhood plans and supplementary planning documents. Whether this achieves the intended streamlining effect is questionable.

3. Variability in Application

Without statutory force, there is potential for inconsistent application of NDMPs across different authorities. Some may give significant weight to them, others may not. This variability could undermine the goal of creating nationally consistent standards and may lead to confusion in decision-making - something we will be watching closely as we work across different local authority areas.

A Missed Opportunity?

Leading planning silks, including Chris Katkowski KC, have described the non-statutory approach as a missed opportunity. There is merit to this view. If the government was serious about reducing inconsistency and ensuring certain standards were applied uniformly, statutory NDMPs could have been a powerful tool. As non-statutory guidance, their impact will inevitably be diluted.

That said, the decision may reflect a pragmatic acknowledgement of the importance of localism in planning. Giving local planning authorities the flexibility to depart from national guidance where local circumstances justify it is, after all, a long-standing principle of the planning system.

Looking Ahead

As NDMPs begin to take shape, we will be monitoring how they are applied in practice. Will local planning authorities afford them significant weight or will they be routinely sidelined in favour of local policy? How will inspectors treat them at appeal? These are questions that will only be answered as case law develops.

For now, the key takeaway is this: do not expect NDMPs to be a game-changer. The development plan remains priority and understanding the nuances of local policy will continue to be the cornerstone of successful planning applications.

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If you are unsure how the confirmed non-statutory status of NDMPs might affect your projects or how to navigate the balance between national guidance and local plan policy, we are here to help. Our team advises clients daily on how policy changes translate into real-world implications for site promotion, applications and appeals, ensuring you stay ahead of emerging practice and avoid unnecessary risks or delays.

Contact us on +44 1235 766825 or email admin@bluestoneplanning.co.uk to discuss how these changes may influence your planning strategy and how we can support you in responding confidently and effectively.