Summary of national policy and legislation on stewardship

Natural England’s Green Infrastructure Framework, is to help local authorities and developers meet the requirements in the NPPF, as they consider the implementation of GI in their new developments and local plans. The framework sets out the principles for good green infrastructure, in order to provide a baseline for organisation to develop stronger GI policy and delivery. and gives guidance on national standards for its quantity and quality. This includes how to set up a maintenance and management strategy for green infrastructure.

“Plan good governance, funding, management, monitoring and evaluation of green infrastructure as a key asset from the outset and secure it for the long-term. Make the business case for GI. Engage communities in stewardship where appropriate… The long-term and on-going management of GI is critical to achieving multifunctionality“

Source: Green Infrastructure Framework, Natural England, January, 2023

The National Planning Policy Framework requires strategic policy-making authorities, working with the support of their communities, and with other authorities if appropriate, to identify suitable locations for large scale development where this can help to meet identified needs in a sustainable way. It states that in doing so, they should:

 ‘…set clear expectations for the quality of the development and how this can be maintained (such as by following Garden City principles), and ensure that a variety of homes to meet the needs of different groups in the community will be provided;..’

The NPPF also requires that authorities ‘a) consider the opportunities presented by existing or planned investment in infrastructure, the area’s economic potential and the scope for net environmental gains;’ This has potential implications for long-term stewardship in terms of the provision and management of greenspace and habitats in a new development.

Source: National Planning Policy Framework. Ministry of Housing, Communities and Local Government, Feb. 2019 Link here.

The National Model Design Code is in two parts; Part 1 is a document outlining the coding process, and Part 2 is supporting guidance notes. Neither document references the Garden City Principles, but Part 1 refers to ‘lifespan’ as a characteristic of a well-designed place and that Design Codes would be expected to outline ‘management and adoption standards’ and may include management plans and community participation. Part 2 includes further detail on the lifespan theme and states that Local design codes should consider including the following under the theme of stewardship:

• A stewardship plan and when it will be required

 • Guidance on adoption of public areas

• Levels of community engagement expected prior to a planning application.

 • Guidance on facilitating community management.’ Design Codes will become key documents in the decision-making process this reference to lifespan and stewardship is significant.

Source: National Model Design Code – Part 2 Guidance Notes, Ministry of Housing, Communities and Local Government, June. 2021 Link here

The National Design Guide includes ten characteristics for well-designed places, including one on ‘Lifespan’. It states that ‘Well designed places, buildings and spaces are: Designed and planned for long-term stewardship by landowners, communities and local authorities from the earliest stages; Robust, easy to use and look after, and enable their users to establish a sense of ownership and belonging, ensuring places and buildings age gracefully; Adaptable to their users’ changing needs and evolving technologies; and Well-managed and maintained by their users, owners, landlords and public agencies” 

Source: National Design Guide: planning practice guidance for beautiful, enduring and successful places. Ministry of Housing, Communities and Local Government, Jan. 2021 Link here

In January 2021 MHCLG launched a consultation on changes to the NPPF and on the draft Model Design Code. The Draft Model design code does not reference Garden City Principles but refers to the lifespan of new developments and that these are likely to be dealt with through documents beyond a Design Code. The supporting Guidance notes include a section on Lifespan, including recognition that ‘Places designed for long-term stewardship are robust and easy to look after, enable their users to establish a sense of ownership, adapt to changing needs and are well maintained’. It states that ‘in preparing design codes consideration needs to be given to: Management of public spaces…; Long term management plans for new development which might include individual residents and businesses managing private space, adoption by a public authority, the use of management companies or management by the community; and Areas for adoption with information on layout, materials, construction details and landscaping.’  These are consultation documents at present but as Design Codes are likely to become key documents in the decision-making process this reference to lifespan and stewardship is significant.

Source: Guidance Notes for Design Codes, Ministry of Housing, Communities and Local Government, Consultation document, January. 2021 Link here

“…this is not about creating dormitory towns, or places which just use ‘garden’ as a convenient label. This is about setting clear expectations for the quality of the development and how this can be maintained (such as by following Garden City principles). …Successful proposals will demonstrate how they are hard-wiring these qualities in from the start, supported by long term legacy and stewardship arrangements” 

One of the ‘garden community qualities’ outlined in the Prospectus is that “Legacy and stewardship arrangements – should be in place for the care of community assets, infrastructure and public realm, for the benefit of the whole community.” 

Source: Garden Communities Prospectus. Ministry of Housing, Communities & Local Government, Aug. 2018 Link here

 The nature and biodiversity part of the Environment Act (Part 6) includes provisions to mandate net gain in biodiversity through the planning system, requiring a 10% increase in biodiversity after development, compared to the level of biodiversity prior to the development taking place, as measured by a metric set out by Defra.13 This requirement should be a consideration when exploring approaches to long-term stewardship. Consultation on net gain proposals, which informed the Act noted that ‘Proper stewardship of our natural world is at the heart of responsible government. Clean air and water, healthy trees, rivers and biodiversity are not just vital for our health – they are fundamental to the prosperity of future generations and to civilisation as we know it.’ ‘One model to secure the long-term stewardship of habitats is to transfer the land to a trust with an endowment to fund maintenance, as has been done for some public open spaces with the Milton Keynes Parks Trust and the Land Trust.’ (p. 36)

Source: The Environment Act, Nov. 2021 Link here

This online toolkit draws on the TCPA’s practical guide to long-term stewardship. It outlines models and approaches and provides a stewardship ‘checklist’ for councils and developers. Guidance on New Towns Act 1981 (Local Authority Oversight) Regulations 2018. 10 The guidance sets out that when considering designating a Locally-Led New Town Development Corporation (LLNTDC), Government will ‘expect to see robust proposals for high quality place making, by, for example, adopting frameworks such as the Garden City Principles’. It goes on to outline that such proposals might include long-term stewardship and legacy arrangements, including details of how this will be delivered. New regulations established obligations on the oversight authority to plan from the outset for long-term stewardships of assets, community participation and legacy arrangements for once the LLNTDC is dissolved. Living with Beauty: Promoting Health, Well-being and Sustainable Growth, 11 The report of the Building Better Building Beautiful Commission refers to stewardship of place in relation to a responsible and accountable approach to placemaking in general. This does not include the mechanisms for whole place stewardship in the context we rather refer to in this report but refers in general to a wider concept. As well as suggesting a stewardship ‘kitemark’, it includes in its recommendations that government should… ‘Actively challenge short-term thinking in project development. Create funding mechanisms to support long term stewardship to secure a long-term legacy of quality and beauty’.

Source: Garden Communities Toolkit, Homes England, Sept. 2019 Link here

The guidance sets out that when considering designating a Locally-Led New Town Development Corporation (LLNTDC), Government will ‘expect to see robust proposals for high quality place making, by, for example, adopting frameworks such as the Garden City Principles’. It goes on to outline that such proposals might include long-term stewardship and legacy arrangements, including details of how this will be delivered. New regulations established obligations on the oversight authority to plan from the outset for long-term stewardships of assets, community participation and legacy arrangements for once the LLNTDC is dissolved. 

Source: Guidance on New Towns Act 1981 (Local Authority Oversight) Regulations 2018, Ministry of Housing Communities & Local Government, June. 2018 Link here

The report of the BBBC refers to stewardship of place in relation to a responsible and accountable approach to placemaking in general. This does not include the mechanisms for whole place stewardship in the context we refer to in this report but refers in general to a wider concept. As well as suggesting a stewardship ‘kitemark’, it includes in its recommendations that government should…‘Actively challenge short term thinking in project development. Create funding mechanisms to support long term stewardship to secure a long-term legacy of quality and beauty’.

Source: Living with Beauty, The report of the Building Better, Building Beautiful Commission, Jan. 2020 Link here

In August 2020, the then Ministry of Housing, Communities and Local Government published a new Planning White Paper to shake up the English planning system. The White Paper proposed a new framework which was consulted on until the end of October 2020. At the time of writing, a government responses to the consultation has not been published. The White Paper mentions stewardship in the context of conservation and environmental recovery: ’[We wish to]…promote the stewardship and improvement of our precious countryside and environment, ensuring important natural assets are preserved, the development potential of brownfield land is maximised, that we support net gains for biodiversity and the wider environment and actively address the challenges of climate change;’. It has a section on ‘Effective stewardship and enhancement of our natural and historic environment’ (p. 56) which focusses on the role of the reformed planning to protect places of environmental and cultural value. The way stewardship is used in this context, which solely focusses on the conservational aspect, is a narrower definition than the community-led approach that the TCPA promotes

Source: Planning for the Future, White paper, Ministry of Housing, Communities and Local Government, August. 2020 Link here

In August 2020, the Ministry of Housing, Communities & Local Government published a new planning White Paper to shake up the English planning system. The White paper proposes a new framework which was out for consultation until the end of October 2020. At the time this guide is being written, the responses to the consultation have not been published or assessed yet. 

The White Paper mentions stewardship in the context of conservation and environmental recovery: “[We wish to]… promote the stewardship and improvement of our precious countryside and environment, ensuring important natural assets are preserved, the development potential of brownfield land is maximised, that we support net gains for biodiversity and the wider environment and actively address the challenges of climate change;”. It has a section on ‘Effective stewardship and enhancement of our natural and historic environment’ (p. 56) focusses on the role of the reformed planning to protect places of environmental and cultural value.  

The way stewardship is used in this context is a narrower definition than the TCPA’s, which solely focusses on the conservational aspect, rather than the community-led approach that the TCPA promotes.  

Source: Planning for the future – Open consultation. Ministry of Housing, Communities & Local Government, Aug. 2020. Link here

The forthcoming Environment Bill makes provision for biodiversity gain to be a condition of planning permission in England. In this context, in 2018 Government ran a consultation which sought to identify an effective environmental net gain approach which could deliver sustainable development which can be granted planning permission with less delay and greater local acceptance. The consultation document included the following recognition of the role of long-term stewardship:

“Proper stewardship of our natural world is at the heart of responsible government. Clean air and water, healthy trees, rivers and biodiversity are not just vital for our health – they are fundamental to the prosperity of future generations and to civilisation as we know it.” 

“One model to secure the long-term stewardship of habitats is to transfer the land to a trust with an endowment to fund maintenance, as has been done for some public open spaces with the Milton Keynes Parks Trust and the Land Trust.” (p. 36)  

Testing of some of these ideas in relation to Biodiversity Net Gain is underway.

Sources: Net gain: Consultation proposals. Department for Environment, Food & Rural Affairs, Dec. 2018. Link here; and https://bills.parliament.uk/bills/2593