If the ground rules have changed isn’t it time to pause the Local Plan and re-assess the need? – Owl

Mandatory housebuilding targets have been scrapped by Michael Gove in the face of a Tory backbench rebellion, The Telegraph can disclose.

By Daniel Martin, Deputy Political Editor and Christopher Hope, Associate Editor (Politics) www.telegraph.co.uk

He has agreed to change his landmark Levelling-Up and Regeneration Bill to make clear that centrally-dictated targets are “advisory”.

The new rules will mean that town halls will be allowed to build fewer homes than Whitehall believes are needed if they can show that hitting the targets would significantly change the character of an area.

The Levelling-Up Secretary has also agreed to water down the powers of the Planning Inspectorate, making it harder for them to reject local development plans which have been agreed with the community.  

And he has pledged to make it clear that more homes will be built in urban areas and in the North as part of the Government’s vision to level up the country.

In another change, town halls will be allowed to introduce registration schemes for short-term holiday lets and there will be a consultation on allowing them to require a change of use planning application if there is a switch from residential to short-term ‘Airbnb-type’ use.

Campaigners say that the problem in places like Devon and Cornwall is that many people are turning homes into Airbnbs, which reduces the number of affordable houses available and in turn increases the pressure to build more.

60 Tory MPs called for target to be scrapped

The climb-down came after 60 Conservative MPs signed an amendment laid by Theresa Villiers and Bob Seely calling on the Government to scrap its target that 300,000 homes should be built each year.

Facing the threat of a huge loss of authority for Rishi Sunak, the Government last month pulled key votes on the Levelling-Up and Regeneration Bill.

Following talks with the rebels, Mr Gove has now agreed to make a series of changes to ensure the Bill can proceed.

The rebels say the changes will rebalance the planning system to give local communities a greater say in what is built in their neighbourhoods.

They include a crackdown on developers keeping land unused even though it has been granted planning permission – a trick which keeps prices high and pressures councils to find even more land to build on.

There will also be a series of government reviews, including one on making it easier to build on brownfield land.

‘These reforms will rebalance the planning system’

Ms Villiers, a former environment secretary, said: “These reforms will rebalance the planning system and give local communities a greater say over what is built in their neighbourhood.

“The Government has listened and will amend planning rules so that councils which are subject to genuine constraints will be permitted to reduce their target. This will apply if meeting the centrally determined target would significantly change the character of an area, for example from suburban to high-rise urban.

“The compromise we have secured shows that positive change can be achieved through backbench scrutiny of legislation.”

Mr Seely said: “We know how many communities have been battling against bad development. Supported by well over 100 Tory MPs, we have helped ministers shape a housing and planning agenda which is more conservative than the one we currently have.

“Targets will be advisory, not mandatory. The power of planning inspectors is weakened. Rules which have helped developers force councils to release land will be weakened.

“The new language we’ve agreed will work with communities, speaking to the character of areas and celebrating the beauty of good design. It understands the need for farmland, will significantly emphasise brownfield over greenfield development, and will help deliver homes for young people.”

Downgraded targets

Under the changes, local housebuilding targets will be downgraded – they will only be “advisory”. They become a “starting point, a guide that is not mandatory”.

Town halls will be allowed to depart from the central determination of local housing need if there are genuine constraints on delivering it. 

It means, for example, that if the centrally-determined target would involve building at a density that would lead to significant loss of rural or suburban character, the council can set a lower number.

The reforms will cut the powers of planning inspectors as part of a “rebalancing of the relationship between local councils and the Planning Inspectorate”.

Up to now, the Planning Inspectorate has in almost all cases refused to accept that exceptional circumstances are present and indicated that the full target must be met. Their power to do this will be curbed.

Inspectors will be required to take a more “reasonable” and “pragmatic” approach to “plans that take account of the concerns of the local community”.

Mr Gove has agreed there should be more housing in urban areas and the Midlands and North. Cities will not be able to palm housing off into neighbouring suburban and rural councils.

New government review

There will be a new government review on making it easier to build on brownfield land. Councils could be able to charge higher levies on greenfield sites to encourage developers not to use them.

Mr Gove promised a third review on allowing councils to refuse planning permission to developers who have in the past refused to build promptly on land for which they have planning permission.

There could also be a character test in planning to ensure that so-called “spiv” developers can be turned down.

And there could be a new beauty test for new developments, to prevent pretty areas being spoiled by new housing.

When it comes to individual planning applications, new design codes will give councils a greater say over them. They will give councils stronger powers to specify the type of housing they want, and put in place standards on matters such as scale, height, bulk and character.

Councils which have delivered well in past years can take this into account in the number they propose for the future in their plans. This will mitigate the problem whereby councils delivering many homes get hit by even higher targets.

Mr Gove has agreed that a consultation on changes to the National Planning Policy Framework will be published by Christmas.

But you’re on your own.

Self-help is going to be the order of the day.

Remember John Hart in February 2020:

“Council Leader, John Hart’s solution, however, is to encourage a modern day dad’s army of individuals, villages and Parish Councils, where they care, to do more for themselves. Self-help, he said, is going to be the order of the day.”

Alex Davis www.devonlive.com

Devon is one of the UK regions most at risk of flooding, a study has revealed. The research was conducted by Utility Bidder, who revealed the UK areas most at risk of flooding, as well as areas where risk of flooding has increased the most.

The research showed Devon to have the 9th highest percentage of properties at risk of flooding in the UK. According to the study, 6.7% of properties had a risk of flooding higher than 1%, 9% with a risk higher than 0.1% and 9.3% with a risk higher than 0.01%.

Kingston upon Hill, Hull, had the worst stats in the list, with 92.3% of properties having a flooding risk of 0.1%.

Since 2018, it was also revealed that the risk of flooding has increased by 1.35% – the ninth highest increase in the UK. Torbay was also featured as 10th on the list, with an increased risk of flooding of 0.61% since 2018.

It is estimated that 1 in 6 UK properties are at risk of flooding, with Utility Bidder reporting this figure is set to increase due to climate change.

Utility Bidder also published advice to residents on how to minimise risk of a flood, as well as give information on what to do if your home is flooded.

James Longely, Managing Director at Utility Bidder has commented on the steps homeowners should take in order to protect their properties in the event of a flood:

“In England, 1 in 5 properties are at risk of flooding, which goes to show the importance of being prepared for a flood and protecting your property as much as possible and there are a number of steps homeowners can take if a flood alert has been issued, which will help reduce the damage caused to the property and the contents within it.

It’s important to move all important documents and valuable possessions upstairs in order to keep them away from the incoming water, as well as unplugging any electrical items. It’s also advised that homeowners take pictures of their home before the flood happens, as you can easily prove which damage has been caused as a result of the flood.

Sadly, there’s only so much homeowners can do to protect their properties from flooding, so it’s crucial we all know what to do after a flood has occurred. To begin with, it’s important to ring your insurance company as well as the local council, to make them aware of what has happened. If the flooding is severe and water levels are high, you must stay in a high place until help arrives.”

Top 10 UK areas where properties have a flood risk greater than 1%

Rank	Area	>1% risk	>0.1% risk	>0.01% risk
1	Kingston upon Hull	16.80%	92.30%	92.30%
2	North Lincolnshire	13.90%	15.70%	16.20%
3	Doncaster	12.60%	16.30%	19.30%
4	Lincolnshire	12.10%	32.30%	34.00%
5	Windsor and Maidenhead	11.20%	24.20%	26.30%
6	East Riding of Yorkshire	8.60%	21.30%	21.80%
7	Cambridgeshire	8.10%	10.70%	12.00%
8	North East Lincolnshire	6.80%	18.20%	45.60%
9	Devon	6.70%	9.00%	9.30%
10	Leicester	6.20%	9.90%	10.40%

the very small print, and the even smaller print (hard to spot at the very bottom).

“The Conservative Party uses the information you provide for the purposes of democratic engagement. This covers a wide range of activities inside and outside election periods, including but not limited to: democratic representation; communicating with you: surveying and opinion gathering, campaigning activities; activities to increase voter turnout; supporting the work of elected representatives, prospective candidates and official candidates; and fundraising to support any of these activities.“

“For full terms of use and how to exercise your rights see our Privacy Notice at http://www.conservatives.com/Privacy”

Pretty wide ranging.

Can anyone spot the “I agree to the terms and conditions” tick box?

Neither can Owl.

“Your details are on the Register of Electors, provided to us for electoral purposes under the Representation of the People Act. You received this material because we believe you will be interested in its contents. You can request that we do not contact you in future or exercise your rights by visiting http://www.conservatives.com/contact and selecting Data Protection/Stop Mailings.”

The Legal Eagles amongst you might like to consider the questions raised by Paul F.

 In full posted as comment here, but more briefly summarised below:

1. The Privacy web page referred to is for the Conservative Party (central office) and although this refers to “the wider Conservative Party” it clearly states that local associations “may be data controllers in their own right or data processors acting on behalf of the Party”. This survey strongly states that it is a local “Community” survey (local to a specific town, not even the entire constituency) and this is highly suggestive that the data processor is the local association, yet the Privacy Policy they refer to is the central Party one, suggesting that it will be the main Party that will be processing the data. I am therefore left entirely uncertain as to who the Data Processor for this particular survey, and I suspect that without this being made explicitly clear, any consent is void – not the least of which because who would you legally need to contact if you wanted to know what data was being held or to request that they delete it or change your communications preferences.

2. Section 4.1 of the Privacy policy is also somewhat worrying – because it allows them to Canvas and collect your political opinions and process this data without having explicit consent (first item in the table). Whilst it may be legal for them to communicate with you about their policies based on your entry in the electoral register (Public Task), I doubt very much that it is legal for them to collect specific personal data on your political opinions based on a Public Task consent (2nd 4th and 6th rows). I doubt that a party can claim a “Substantial Public Interest” because on that basis, any political party (i.e. a one-man band set up specifically for this purpose) could collect political opinion data for the entire country without requiring any consent whatsoever.

3. I am not quite sure what would happen if the survey was returned without this having been filled in as it contains personally identifiable data (name and address on the front) but the person has clearly not consented to the processing of the data.