In our December 2025 blog,
What the Consultation NPPF Means for Optional Technical Standards, we considered the Government's proposals to narrow the circumstances in which local planning authorities (LPAs) could introduce local standards through development plans.
The Government has now published the final NPPF, retaining the overall aim of providing greater consistency in the use of technical standards, but introducing a number of permissive changes to the approach proposed in the draft following consultation.
A quick recap on draft Policy PM13
Draft Policy PM13 sought to establish a more consistent approach to the use of local technical standards through development plans. The key elements of the proposed policy were to:
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Limit quantitative standards to four areas: infrastructure, affordable housing, parking and design, and placemaking. In particular, it was established that they should not stipulate energy performance levels in excess of Building Regulations;
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Restrict standards relating to construction and internal layout, except where they implement the Nationally Described Space Standard (NDSS);
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Give precedence to Building Regulations over local standards, only allowing variation relating to accessibility and water efficiency (subject to justification); and
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Require deviation from national standards to be justified by evidence of local characteristics and need, in accordance with draft Policy PM8.
In our original blog, we considered this a sensible direction of travel. Greater consistency between authorities should reduce uncertainty for developers working across different plan areas. We did, however, identify some uncertainty around the scope of the permitted quantitative standards and how the evidence requirements would work in practice.
What was the consultation response?
The consultation response to PM13 was one of the most negative across the consultation. Of the 1,604 responses, 54% strongly disagreed with the proposed approach. Key concerns were raised by local authorities, stating that the policy would be overly restrictive, particularly in relation to local energy efficiency standards and the ability of authorities to respond to climate change.
The consultation itself justified this as seeking to reduce local variation because differing standards can make it more difficult for the construction sector to adapt and deploy energy efficiency technologies at scale. It also proposed using secondary legislation to prevent local plans from setting higher energy efficiency standards for residential development if the restriction was taken forward. However, the final NPPF has taken a more permissive approach.
What changed?
The final NPPF
retains the overall direction of travel set out in draft Policy PM13, but there are some important changes.
1. The energy efficiency restriction has been removed, but with safeguards
One of the most significant changes is the removal of the draft restriction on local energy efficiency standards. This was one of the most contentious elements of the draft Policy PM13, given the number of authorities with existing or emerging policies seeking higher standards in response to local climate objectives.
Now, LPAs can set higher local energy efficiency standards, but only where they have a “clear and robustly costed rationale” demonstrating that there will not be an adverse impact on the viability and deliverability of development. Where this evidence hurdle is met, any standard above current or proposed Building Regulations must be expressed as a percentage uplift of a dwelling’s Target Emissions Rate (TER), calculated using a specified version of the Standard Assessment Procedure (SAP) or another approved methodology.
Policy PM13 therefore does give LPAs greater flexibility to respond to local circumstances and climate objectives, while retaining safeguards and a more consistent approach to how higher standards are expressed and assessed.
2. Density added as a quantitative standard
In addition to the infrastructure, affordable housing, parking, and design and placemaking, Policy PM13 has added density to the areas where quantitative standards can be set through development plans.
This is consistent with the wider emphasis in the final NPPF on making effective use of land and optimising density in appropriate locations. It also confirms that quantitative density requirements can form part of local plan policy, provided they are appropriately evidenced and justified.
3. Qualitative standards are given a wider scope
The draft Policy PM13 sought to restrict standards relating to the construction and internal layout of buildings, except where they implemented the NDSS. The final policy takes a broader approach, giving LPAs greater scope to introduce new ‘qualitative standards’ where there is a “clear and robustly costed rationale”, the requirement is proportionate and there will be no adverse impact on the viability and deliverability of development.
What happens next?
As LPAs begin to prepare new plans under the new 30-month process, the consultation stages will provide an early indication of how authorities are interpreting the greater flexibility around optional technical standards, and the evidence being used to justify them. This evidence is likely to add a further burden on LPAs, which will need to analyse and explain the viability implications of any variation from standard national policies.
Keeping an eye on emerging plan consultations will therefore be crucial, as they will provide an opportunity for developers to scrutinise the viability evidence underpinning proposed standards and determine whether it is clear and robust before policies are finalised.
If you would like to discuss the key stages of plan preparation and when there are opportunities to engage in your region, get in touch.
Footnotes
Policy PM13, Page 14: National Planning Policy Framework: draft text for consultation (December 2025) https://assets.publishing.service.gov.uk/media/697b71c52ff8d10a830d5d4a/Draft_NPPF_December_2025.pdf
