Development Management Committee under the legal microscope

“In the full risk register there was one risk currently scored as high:

Failure of correct procedures and practices causing challenges to decisions – Impact: Serious, Likelihood: Very likely, Good scope for improvement.

An aggrieved party had recently been given leave by the High Court to pursue a judicial review against a decision of the Council to grant permission for a dwelling on land adjoining their property. The case revolved around whether Members of Development Management Committee in making the decision were consistent in their approach with prior decisions on the same site for a similar form of development. Members of DMC had been briefed on this case and these issues would be picked up through future Members training sessions.”

Click to access 161215-combined-council-agenda-and-minute-book.pdf

“Government consults on wider definition of affordable housing”

“The Department for Communities and Local Government has launched a consultation on changes to national planning policy, including a proposed broadening of the definition of affordable housing.

The DCLG said it wanted to “expand the range of low cost housing opportunities for those aspiring to own their new home”.

In the consultation paper the Department said the current definition included some low cost home ownership models, such as shared ownership and shared equity, provided that they were subject to ‘in perpetuity’ restrictions or the subsidy was recycled for alternative affordable housing provision.

“This limits the current availability of home ownership options for households whose needs are not met by the market,” it said.

“We propose to amend the national planning policy definition of affordable housing so that it encompasses a fuller range of products that can support people to access home ownership. We propose that the definition will continue to include a range of affordable products for rent and for ownership for households whose needs are not met by the market, but without being unnecessarily constrained by the parameters of products that have been used in the past which risk stifling innovation.”

The DCLG said this would include products that were analogous to low cost market housing or intermediate rent, such as discount market sales or rent to buy housing. Some of these products might not be subject to ‘in perpetuity’ restrictions or have recycled subsidy.

“We also propose to make clearer in policy the requirement to plan for the housing needs of those who aspire to home ownership alongside those whose needs are best met through rented homes, subject as now to the overall viability of individual sites,” the paper added.

“By adopting the approach proposed, we are broadening the range of housing types that are taken into account by local authorities in addressing local housing needs to increase affordable home ownership opportunities. This includes allowing local planning authorities to secure starter homes as part of their negotiations on sites.”

The DCLG noted how, in parallel, the Housing and Planning Bill is introducing a statutory duty on local authorities to promote the delivery of starter homes, and a requirement for a proportion of starter homes to be delivered on all suitable reasonably-sized housing developments.

The Department said it would consult separately on the level at which this requirement should be set. “The Bill defines starter homes as new dwellings for first time buyers under 40, sold at a discount of at least 20% of market value and at less than the price cap of £250,000 (or £450,000 in London). Support is available through the Help to buy ISA to help purchasers save for a deposit.”

The consultation also covers:

increasing residential density around commuter hubs, “to make more efficient use of land in suitable locations”;

supporting sustainable new settlements, development on brownfield land and small sites, and delivery of housing allocated in plans; and

supporting delivery of starter homes.

The paper can be viewed here.
It runs until 25 January 2016.

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=25422:government-consults-on-wider-definition-of-affordable-housing&catid=63&Itemid=31

Development on flood plains

… Earlier this year, the Chancellor announced a flagship housing scheme which saw 20 brownfield sites around the country designated as new ‘housing zones’, with local councils given access to money and experts to expedite the building process.

Greenpeace UK researchers used details obtained through Freedom of Information requests to plot the location of these housing zones, and cross-referenced this with flood risk maps from the Environment Agency.

They found around nine of the 20 zones, comprising a total of 9,000 planned new homes, are in areas now identified as being partially or fully at risk from flooding. Under the terms of a new government flood-insurance scheme soon to be implemented, these properties would be excluded from cover.

This would leave homeowners reliant on commercial insurers who may choose not to insure homes built in flood zones, or do so at prohibitively expensive rates.

A spokesperson for Flood Re confirmed to Greenpeace that ‘properties built from 2009 onwards’ in flood-risk areas are still excluded from the government scheme, adding: “It would be irresponsible to incentivise developers to build in such areas simply because those properties could have their insured flood risk ceded to Flood Re.”

Greenpeace UK also obtained new figures showing that the number of people employed by the Environment Agency to work on Flood and Coastal Erosion Risk Management fell by 230 – a 5% cut – in the last three years. The agency plays a key role advising councils on flood risk.

Greenpeace UK chief scientist Dr Doug Parr said: “The current flood emergency isn’t even over yet, and the government is already storing up the next one. Rushing to build thousands of new homes in flood-risk areas whilst at the same time cutting flood protection staff is a recipe for disaster.

“David Cameron’s lofty rhetoric at the UN climate summit is helpful, but if he’s serious about protecting Britain from the impacts of climate change, these words need to translate into climate-savvy policies on the ground.

“When it comes to energy, flood defences, and other big infrastructure projects, we need the government’s hands to start following what the government’s mouth is saying rather than acting of their own accord.”

http://www.westernmorningnews.co.uk/Half-area-earmarked-fast-track-housing/story-28340599-detail/story.html

Rolle College, Exmouth: plans filed for 85 homes

” … The application states there was ‘overwhelming support’ at the consultation for community, education, employment and other uses, and that of the two options, the one with more community use was ‘largely preferred’, but says permission is being sought for both in case the second scheme ‘cannot be successfully implemented’. …

… The filing of the planning application follows the site being put up for sale last week – a move the university said was designed to establish market value, adding that it would run separately to the planning process.

REL is continuing its efforts to secure some or all of the site for community use, possibly in consortium with a developer.

The application – an outline application with all matters reserved except access – will be discussed by Exmouth Town Council’s planning committee on Monday. East Devon District Council will then make the final decision on planning permission.”

http://www.midweekherald.co.uk/news/rolle_college_housing_plan_filed_with_council_1_4342201

“Wildlife increasingly fragile”

“Britain’s wildlife is in an increasingly fragile state, with animals carrying out vital jobs for farmers being lost more rapidly than others, say scientists.

Species that pollinate crops or fight pests are at risk of disappearing, putting food production in jeopardy, according to the team.

The research brings together millions of wildlife records spanning 40 years.

The picture that emerges is of an increasingly fragile system, particularly in species that do vital jobs for humans. …

” … Unless efforts are made to reverse some of these declines, we face a future where we will be less confident that we can effectively grow our food.”

http://www.bbc.co.uk/news/science-environment-35039662