What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

The New National Planning Policy Framework: What Does It Mean For Developers, Landowners And Local Authorities?

The Government has published a significantly revised National Planning Policy Framework (“NPPF”), representing one of the most substantial changes to national planning policy since the framework was first introduced in 2012. The updated NPPF, published on 17 August 2026, follows a wide-ranging consultation on planning reform and is intended to support the Government’s ambitions for increased housing delivery, economic growth and a more efficient planning system.

Whilst much of the media attention has focused on housing targets and planning reform, the revised NPPF contains changes that will affect developers, landowners, local planning authorities and communities across England. Understanding those changes is likely to be critical when preparing applications, negotiating planning obligations and assessing development opportunities.

A Fundamental Restructuring of National Planning Policy

Perhaps the most striking change is that the NPPF has been comprehensively reorganised. The familiar paragraph-based structure, which planning professionals have become accustomed to citing in reports, appeals and committee reports, has been replaced by a policy-led format with distinct policy codes and a clearer separation between plan-making policies and decision-making policies.

This is more than a simple reordering exercise. The Government’s intention is to create greater clarity regarding which policies apply to the preparation of Local Plans and which apply to the determination of planning applications. Practitioners will therefore need to become familiar with a new referencing system and a different approach to interpreting national policy.

A Continued Focus on Housing Delivery

The strongest policy theme running throughout the revised Framework is the Government’s determination to increase housing delivery. Indeed, this direction of travel has been apparent since the December 2024 revisions, which sought to strengthen housing land supply requirements and increase housing need calculations in many areas. Internal planning documents already demonstrate the practical consequences of those earlier changes, with some authorities finding themselves unable to demonstrate a five-year housing land supply under the revised methodology.

The 2026 Framework builds further upon that objective. There is increased support for development in sustainable locations, particularly around transport hubs and railway stations, alongside measures intended to encourage housing delivery where Local Plans are absent, out of date or inconsistent with national policy.

For developers, this may create new opportunities in areas where housing shortfalls exist. For local authorities, it reinforces the importance of maintaining an up-to-date development plan and evidence base.

What Happens to Existing Local Plans?

One of the more significant practical questions concerns the status of existing Local Plans.

The revised NPPF confirms that the development plan remains the statutory starting point for decision-making. However, it introduces a new approach to the weight afforded to development plan policies that are materially inconsistent with national decision-making policies. In certain circumstances, such policies may attract very limited weight.

This could have important consequences in areas where Local Plans have not been reviewed for some time. Developers may increasingly seek to argue that restrictive local policies are inconsistent with updated national policy objectives, particularly those relating to housing delivery and economic growth.

We anticipate that this issue will become a key battleground in appeals and planning inquiries over the coming years.

Implications for Section 106 Agreements and Planning Obligations

For those involved in negotiating planning obligations, the revised Framework continues to emphasise the well-established principle that obligations must remain necessary, directly related to the development and fairly and reasonably related in scale and kind.

Although these tests are not new, the Government’s wider emphasis on viability, deliverability and housing delivery may encourage greater scrutiny of obligations that risk undermining development viability. Developers and landowners may therefore feel more confident challenging contributions where the evidence supporting them is weak or where authorities rely upon standard formulaic approaches without demonstrating site-specific impacts.

Given the increasing costs associated with affordable housing, education contributions, healthcare contributions, nutrient mitigation and environmental obligations, viability discussions are likely to remain an important feature of major development proposals.

Renewed Importance of Housing Land Supply

Housing land supply remains one of the most influential factors in planning decision-making.

Recent examples within Devon already demonstrate how changes to national policy can dramatically affect local housing supply positions. In some areas, authorities that previously considered themselves policy-compliant have found that revised housing need calculations significantly reduce their demonstrable land supply position.

Where housing land supply falls below required levels, opportunities often arise for developers to argue that greater weight should be given to the benefits of housing delivery. Whilst every case turns on its own facts, authorities with significant housing shortfalls may find it increasingly difficult to resist suitable and sustainable development proposals.

What Does This Mean in Practice?

The revised NPPF is unlikely to result in an overnight transformation of the planning system. However, it does signal a clear direction of travel.

For developers and landowners, the changes may create opportunities to revisit sites that have previously been considered challenging from a planning perspective, particularly where local policy is outdated or housing supply is constrained.

For local authorities, there will be increased pressure to maintain up-to-date Local Plans and ensure local policies remain aligned with national policy objectives.

For communities, the reforms are likely to lead to continued debate about the balance between housing delivery, environmental protection and infrastructure provision.

Looking Ahead

As with every major revision of the NPPF, much will ultimately depend upon how planning inspectors, local authorities and the courts interpret the new policies. Appeal decisions over the next 12 to 24 months will be particularly important in establishing how the revised Framework operates in practice.

What is already clear, however, is that the Government has placed housing delivery and economic growth firmly at the centre of national planning policy. Developers, landowners and local authorities who understand and adapt to that changing landscape will be best placed to navigate the opportunities and challenges that follow.

How Wollens Can Help

The planning system is undergoing significant change and the implications of the revised NPPF are likely to be felt for many years to come. Whether you are promoting a development site, responding to a planning application, negotiating a Section 106 agreement or considering an appeal, obtaining early specialist advice can be invaluable.

Wollens advises clients across Devon, Cornwall and the South West on a broad range of planning and development matters. If you would like to discuss how the new NPPF may affect your project, please contact our Planning & Highways team.