Local Plan hearings

We can do no better than reproduce the report of Susie Bond, Feniton’s hard- working Independent councillor, from her blog:

“This week has been an extraordinarily important week for the whole of East Devon.

EDDC’s headquarters in Sidmouth hosted the hearing sessions for the Examination in Public of the Local Plan before Planning Inspector, Anthony Thickett. His role is to listen to evidence from all parties as to whether East Devon’s Local Plan is worthy of being found sound.

The importance of the Plan should not be underestimated. For years, East Devon has found itself floundering in a planning vacuum, reliant on the vagaries of the National Planning Policy Framework (NPPF) to drive planning, so that development is currently happening right across the district in inappropriate locations that were not of the choosing of the electorate nor, on some occasions of the District Council itself.

In my own ward, three sites in Gittisham and Feniton (a total of 382 houses) are in the process of development.

Much has been written about the parlous state of planning under the previous and current Government which has allowed insufficient time for district councils to put a plan in place, but this week all that was put to one side as participants thrashed out the finer points of East Devon’s plan.

The Housing session focused on the very high levels of housing suggested … 950 houses per year proposed by EDDC (whose only masters are the electorate) against the ludicrous levels of housing proposed by the developers (whose only masters are their shareholders).

Part of the discussion in the Hearing session was on Strategy 27, which lists the most sustainable villages in East Devon (including Feniton) and proposes that development should happen only within their built-up area boundary (BUAB) and any development outside the BUAB should be decided according to a community-led Neighbourhood Plan (NP).

Feniton has been working on its NP for the best part of a year now, engaging in public consultation events and leafleting every household in the parish. Neighbourhood Plans are enshrined in the Localism Act of 2011 and are designed to allow communities to have their say about how they develop, not just in the matter of housing, but about every aspect of community life.

Groundhog Day

Discussions on housing numbers waged back and forth for an entire day and I had the distinct feeling of déjà vu. The same developers who argued for higher housing numbers in March 2014 at the first housing session for the Local Plan were back to exercise the same arguments.

It was all so predictable.

The session heard seemingly endless representations from developers who had options on various parcels of land to the effect that their site was in the most sustainable location in East Devon. We heard from the Crown Estates which has land in Axminster. Their representative expounded at length on four separate occasions that his site should go forward.

Land at Uplyme was put forward to help the good people in Lyme Regis on to the housing ladder.

Feniton was not named at all, but developers with interests in Feniton rounded on Strategy 27 saying villages where Neighbourhood Plans are being carried out will just “pull up the drawbridge” and refuse any further development.

The excellent Dr Margaret Hall of East Devon CPRE flew in at this point saying she knew of several Neighbourhood Plans where development was considered to be vital for the community.

Indeed, the whole point is that communities want to be in charge of where that development should happen and not have landowners and developers calling the shots.

Brickbats to Natural England

Woodbury common(2)Natural England took up an immense amount of time arguing at every turn about horseshoe bats, Pebblebed heaths and how they hadn’t been consulted on planning applications. Several of us sat there with our mouths agape and eyes agog at such a misrepresentation of the reality of planning in East Devon.

Trying to get Natural England to comment on the major planning application at Hayne Lane in Gittisham was something of a marathon. The site will have an effect on the setting of an Area of Outstanding Natural Beauty (AONB) and therefore merited comment from a consultee such as Natural England. After numerous phone calls, they finally agreed to comment last year having argued that they didn’t have time to comment on any applications unless they were actually within the AONB.

As one onlooker to proceedings pointed out they did not expect Natural England to be the stumbling block and nor, they thought, did the officers present. Meanwhile, one Government department is telling us to stop putting barriers up to planning and another is stopping us creating the blueprint for development because of bird protection and access for dog walkers!

The Planning Inspector was quite concerned that Natural England hadn’t been involved as a consultee in the entire process of drawing up the Local Plan. As he closed the hearing sessions, he suggested that Natural England’s representative, Laura Horner, shut herself in a darkened room with planners to resolve her concerns. He also asked for a detailed report from planners proving that EDDC has a 5-year land supply.

East Devon awaits his verdict with interest … and not a little trepidation.

https://susiebond.wordpress.com/

Will fast-track brownfield sites be adequately assessed for contamination?

Rumours have reached us that at least one brownfield site in East Devon has run into potential buyers of housing finding insurability problems.

http://www.sustainablebuild.co.uk/brownfieldsites.html

Already a loophole for buy-to-let taxation changes in budget

“The Chancellor, George Osborne, revealed that the Government will restrict the relief on mortgage interest payments for all landlords to the basic rate of income tax, which is 20pc.

The restriction will be phased in over four years, starting from April 2017. This is a huge blow for wealthier landlords with larger incomes, as they can currently claim relief at their personal tax rate. For a 45pc taxpayer, every £100 of mortgage interest they pay costs just £55 after claiming tax relief, but this will rise to £80 when the changes are fully implemented from April 2020.

But tax experts have insisted that there’s a way around the problem – by investing through a limited company. Analysis by accountancy firm Blick Rothenberg showed this would be a more tax-efficient approach for higher and additional-rate taxpayers.

And you don’t have to own a vast portfolio of properties to benefit from a corporate structure. Just one is enough and you’ll be able to reinvest the profits at a lower tax rate if you do want to add to your portfolio later on. If you already own an investment property, however, transferring it to a company could cost more than it’s worth.”

http://www.telegraph.co.uk/finance/personalfinance/investing/buy-to-let/11730759/This-is-how-investors-will-beat-the-latest-buy-to-let-crackdown.html

Planning – what planning? Localism – what localism

So here it is, page 48 onwards (page 43 on the document). Localism? What was that? This was obviously decided well in advance of the election but not publicised then.

Click to access Productivity_Plan_print.pdf

EDDC Tories, pro-development to their core, will LOVE it!

It’s true: localism is dead – murdered!

“Automatic planning permission would be granted on many brownfield sites in England in an attempt to boost house-building, under government plans.

Ministers would also get powers to seize disused land, while major housing projects could be fast-tracked, and rules on extensions in London relaxed.

Chancellor George Osborne said reforms were needed because Britain had been “incapable of building enough homes”.
It follows a warning this week’s Budget would cut investment in new homes.

The proposed changes feature in a 90-page document to address Britain’s productivity record, to be released later.
It is aimed at boosting British workers’ output levels, which experts say lag behind other leading nations – an issue dubbed the “productivity puzzle”.

The chancellor’s Fixing the Foundations package has been billed by the Treasury as the second half of the Budget.

Upwards extensions

BBC political correspondent Ross Hawkins said Treasury sources argue house-building boosts productivity, as it is helpful to have workers living close to their workplaces.
Housing is just one part of a broad plan, they say.

The report also features proposals on higher education, transport, devolution of powers to cities and trade.

George Osborne says reforms are needed to planning laws so more homes are built.

Under the new proposals – which will need to be approved by MPs – automatic planning permission would be granted on all “suitable” brownfield sites under a new “zonal” system, the Treasury said.

The term brownfield refers to land that has previously been developed but is vacant or derelict.

Another change would see ministers seek to scrap the need for planning permission in London for developers who want to extend buildings to the height of neighbouring properties.
Planning powers will be devolved to mayors in London and Manchester, while enhanced compulsory purchase powers will allow more brownfield land to be made available for development.

There would also be new sanctions for councils that do not deal with planning applications quickly enough, and the government would be able to intervene in councils’ local development plans.

House prices

This week, the Office for Budget Responsibility warned government plans for rent reductions in social rented homes would hit housing investment.

The OBR said 14,000 fewer affordable homes would be built and cut its forecast for investment in private housing by 0.7%.

It also said house prices were expected to rise compared with both consumer prices and household incomes.

A Treasury source said the OBR assessment considered only the impact of the Budget and did not reflect the new policy.
In his Mansion House speech in June 2014, Mr Osborne said 200,000 permissions for new homes would be made possible by 2020 as councils put in place orders to provide sites with outline planning permission.

Housing ladder

The Treasury said the new plan went further – in effect stripping away the need for any planning permission in some brownfield locations.

The Conservative manifesto pledged to “ensure that 90% of suitable brownfield sites have planning permission for housing by 2020”.

In a statement released before the publication of the productivity plan, Mr Osborne said: “Britain has been incapable of building enough homes.

“The reforms we made to the planning system in the last Parliament have started to improve the situation: planning permissions and housing starts are at a seven-year high.
“But we need to go further and I am not prepared to stand by when people who want to get on the housing ladder can’t do so.

http://www.bbc.co.uk/news/uk-politics-33472405

New planning policy to be announced tomorrow: upwards, outwards, fast, faster, ignore locals


“… A new “zonal” system, as employed in many other countries, which will give automatic planning permission on all suitable brownfield sites, removing unnecessary delays to redevelopment.

Power for the government to intervene and have local plans drafted setting out how housing needs will be met when local authorities fail to produce them, and penalties for those that make 50% or fewer planning decisions on time.

Analysis Housing and the budget: what you need to know:

In a budget with a heavy focus on housing, we’ve rounded up the key policies from the chancellor’s briefcase.

Stronger compulsory purchase powers to bring forward more brownfield land and devolution of planning powers, including powers over land, to the mayors of London and Manchester.

The right for major infrastructure projects that include elements of housing development to be fast-tracked through the Nationally Significant Infrastructure regime – meaning the project does not need to go through full democratic consultation.

Proposals to end to the need for planning permission for upwards extensions for a limited number of storeys up to the height of the adjoining building in the capital.

A package to support small and medium-sized housebuilders, including new sanctions for local authorities not processing smaller planning applications on time, with earlier fee refunds.

Local authorities say planning delays are caused by the lack of resources in planning departments, but the government is likely to provide a blueprint for how these planning requests should be handled.

Osborne fought a number of bruising encounters with conservationists in the last parliament, but seems to be determined to do so again on the basis that the supply of land at the right price has been the single biggest factor holding back housebuilding.

http://www.theguardian.com/politics/2015/jul/09/osborne-tears-up-planning-laws-londoners-build-extra-storeys-on-homes

Daily Telegraph says planning rules may be further simplified to aid developers

Article by Christopher Hope has no web link. But the headline says it all.

If the NPPF slims down any further it will disappear completely. Aaah, we see!

Cranbrook – over developed say – developers!

Interesting snippet from yesterday’s local plan hearing. Apparently developers were complaining that over-development in Cranbrook is depressing prices there and there is more money (sorry, better opportunities for housing supply) in other parts of the district.

Mr Thickett asked rather plaintively where the employment land was for the larger town. It appears planners had’nt really got to grips with that (though, of course, Skypark down the road and the abandoned inter-modal freight site are deserts waiting for rain),

Lower prices are better for us, not good for developers. Who does EDDC support?

Wonder what Mr Thickett thought of that?

He seems increasingly fed up with his visits to East Devon to try to sort things out – might he be ready to throw in the towel and rip the Local Plan up?

If he did the developer free-for-all will continue for years. That surely is not what East Devon Tory councillors want.

“Social housing is for losers”

Zoe Williams, Guardian, today:

High earners will no longer be eligible for “subsidised” social housing, and will instead have to pay “market rates”, the chancellor has announced. George Osborne speaks directly to the nation from the pages of the Sun on Sunday in a column that doesn’t actually use the words “clampdown” or “crackdown”, but those are the terms that crop up in all the reports, so we can assume a briefing note somewhere, in which the jargon of tackling crime is deployed to describe people who have the brass neck to rent social housing and have jobs.

This is the first strand of the narrative: that social housing is for the vulnerable, and anybody not vulnerable has no business with it. It follows that aspirational people, hard-working families, strivers – real people – wouldn’t ever want to be socially housed, because they would know it wasn’t intended for them.

The language is all about support (“In times of economic hardship it is more important than ever that social housing helps the most vulnerable in society,” began the consultation paper in 2012), but the underpinning principle is that the state has no business being a provider of ordinary, decent housing to ordinary, decent people. It should instead be thought of as the houser of last resort.

That’s a pretty standard Thatcherite line, but there’s more: what counts as “high income” is a household wage of £40,000 (in London) or £30,000 (elsewhere). The Joseph Rowntree Foundation last week released their minimum income standard figures for 2015: the MIS is reached in a citizen’s jury style: a sequence of small groups are asked to figure out the least a person would need to live an acceptable life. It’s not intended as a poverty threshold, and it’s not as basic as food, clothes and shelter (it includes the category, “social and cultural participation”), but there’s also no frivolity on it.

The most recent calculation was that a couple with two children would need to be earning £20,024 each in order to reach the minimum. In other words, what Osborne calls a high-earning household is actually, in London, one that is only just managing to get by – and outside London, £10,000 per annum shy of an acceptable life. This is a pretty extraordinary manoeuvre, an apparently serious attempt to persuade the nation that a little money is actually a lot of money.

A rather pompous idea in the consultation document is that servicemen and women should take priority on social housing lists; but anybody above the rank of level-three private would, if married to someone on the same salary, immediately be “clamped down upon” and required to pay “market rent”.

The third element of Osborne’s story is this “market” of his: social housing is subsidised, while the price of private rental stock is the true price, the natural one, reached by the irresistible logic of the market. Of course, social housing is only subsidised in the cost of its creation: it then pays for itself in two or three decades of rents. It only looks cheap in comparison with private rents, which themselves aren’t arrived at by market imperatives at all, but are the result of three decades of governments subsidising landlords with housing benefit.

The chancellor’s tableaux, in which high-earning chancers, who shouldn’t be in social housing in the first place, must have their rents brought into line with the private rents around them – otherwise, and this is the best bit, it is not fair on those hardworking private tenants – is wrong, in all the usual, useful ways. The message is to forget the state (unless you are a loser); resent your neighbour (he is probably a high earner masquerading as a low earner, to get that social flat you’re subsidising with your taxes); and trust the market (where prices are created elegantly, neutrally, perfectly, like physics).

Like so many of these measures – the closure of the independent living fund, even the bedroom tax – I sincerely doubt that this will save the money they claim it will, and sometimes doubt that it will save any money at all. Rather, it’s about changing the atmosphere, the commonly held assumptions: life is hard and you’re on your own.

I spent the entire coalition complaining about things on practical and/or human terms: whatever they say they’ll save, they won’t, and this hits the wrong people, and that is inhumane, and what are we punishing disabled people for anyway, and how much is this parsimony going to cost when it explodes down the line? All of that served, by some strange jiu jitsu, to reinforce the Conservatives’ opening proposition, that the country had been mired in a project of human kindness for far too long, which the state could no longer afford.

So while it is useful to critique the bones of this plan, in the way a crossword is useful to pass the time, the vital bit is to refute the underlying principles: the state isn’t over; your neighbour isn’t a crook; the market isn’t magic; life doesn’t have to be hard; we’re not on our own.

http://www.theguardian.com/commentisfree/2015/jul/05/tories-social-tenant-council-housing

CPRE on housing

From the blog of Susie Bond, Independent councillor, Feniton

I have been banging on for years about the naivety of assuming that releasing more greenfield land for housing will lead to a big increase in housing supply. The big house builders, who dominate the market to an unhealthy extent, have no great interest in significantly increasing supply. They will build the number of homes they want to build and which they think the market will support; but if they are allowed to build them in the countryside they will do so, rather than building them in towns.

Now CPRE’s housing researcher, Luke Burroughs, has written Getting Houses Built, a report that pretty well confirms this view, backed up by plenty of hard evidence. It strongly suggests that questions of land availability or housing targets, which dominate both debates on housing and the politics of planning, are side shows relative to the question of who is going to build the houses.

There is an increasingly influential narrative on housing, familiar to any reader of the Times or Financial Times, that goes something like this. We need to build 250,000 or more houses a year, around double current output. There may be lots of brownfield land, but some of it needs remediation or is in places people don’t want to live. The need is urgent and if we are to solve the housing crisis we must develop more greenfield land, in particular the land around the towns and cities where people most want to live. That means building in the Green Belt and reforming planning policy so that local people cannot stand in the way of necessary development.

It is surprising how few of the clever people peddling this line stop to ask who is going to build the houses, surely a first order question that must be answered before we consider the second order question of where the houses should go. Once we start to build 200,000+ houses a year, we may need to make difficult choices about where they go. But until we sort out how to get them built we will continue to fall short however many impossible targets are imposed (there have been many) or planning reforms introduced (there have been many and the Chancellor is now promising more) or impossible targets imposed (ditto).

The analysis in Getting Houses Built is not anti-developer. The big house builders act rationally and in the interests of their shareholders. It is not their fault that in Britain, unlike much of Europe, land acquisition and house building is left almost entirely to private companies. They can make big make profits but they also bear significant risks.

The need for developers to maximise profits on each housing unit has seen them adopt business strategies which focus on land trading as much as on actually building houses. Once they have secured land, they build at a rate that will hold up prices. This puts extra pressure on the countryside as land still to be developed on a site with planning permission is removed from the estimate of a local authority’s housing land supply, meaning that it has to allocate land or approve new developments elsewhere.

Getting Houses Built has a number of proposals for improving things. It argues for giving local authorities a bigger role in acquiring land by reforming compulsory purchase provisions and implementing ‘use it or lose it’ measures against those (generally not house builders) who are sitting on land without developing it. The intention would be to remove from the system some of the volatility that suppresses supply. It would also have the effect, potentially, of improving design and encouraging custom building by SMEs.

One of Luke’s earlier reports, Better Brownfield includes a case study of Vauban a 40 hectare, 2,000 home urban extension to Freiberg in Germany. The local authority bought the land at close to current use value; ensured a tramline into Freiberg; then sold the individual plots to small builders and groups of residents. It is hard to imagine similar developments in England, and that is a pity.

The report argues for making the development process far more transparent, including through the compulsory registration of all land ownership, options and sales agreements with the Land Registry. At present, land is often traded, as it were, under the counter. Much of it does not enter the open market, making it hard for small builders to get a look in. Developers buy between 10 and 20% of their land from each other, and having bought a parcel of land the new owner will often renegotiate planning permissions, further delaying the process of getting houses built and, in many cases, lowering the quality of schemes and the number of affordable homes in it.

If they really believe that a lack of developable land is the main thing holding back house building, it is amazing that the advocates of planning reform are not keener to throw some light on the extremely opaque business of land trading.

Transparency should extend to the vexed question of ‘viability’. Negotiations around viability delay many developments, with house builders whittling down planning obligations (design standards, the number of affordable homes, support for infrastructure) on the grounds that they make a scheme unviable. But there is no agreed methodology for assessing viability and much of the data is redacted on grounds of commercial confidentiality, making it impossible for a local authority to assess its accuracy. There is now a growing ‘viability industry’, with agents incentivised to reduce developer obligations.

The report proposes that in order to increase transparency and speed up house building, there should be an open book approach to assessing viability. Guidance should be given on assessing viability, with a single methodology to reduce uncertainty and give greater clarity to developers (who are obliged to game the system as it now stands), local authorities and land owners.

Finally, the report has recommendations for improving the identification of potential sites for new housing. Only 8% of planning permissions for new houses are for sites of under 10 units. These tend to be developed much quicker than larger sites (22 months from planning permission to completion, compared to an average of 47 months for schemes of more than 250 units). Much more effort should be made to identify small sites for development (CPRE hopes to do some work on this).

If the Government is serious about building more houses while at the same time fulfilling its manifesto commitments to protect the countryside, it should seriously consider the practical proposals in Getting Houses Built and other recent CPRE reports on supporting small and medium-sized builders and improving the viabilityand quality of brownfield development. We really are trying to be constructive. Alternatively, it could take its lines from a handful of think-tanks who want to have yet another round of planning reforms (‘one last push’, as generals used to say a hundred years ago). This will be diverting. But it is unlikely to result in a single extra home being built.

https://susiebond.wordpress.com/2015/07/06/getting-houses-built-a-view-from-the-cpre/

East Devon: “pensioner pocket”

” …West Somerset had the highest projected proportion of pensioner households by 2021, with nearly half (47%) of households there expected to be headed by someone aged over 65.

North Norfolk, East and West Devon, East and West Dorset, the New Forest, South Lakeland, the Malvern Hills, Ryedale, the Derbyshire Dales and the Cotswold district were also on the list. …

… Here are the areas of England where over 40% of households are predicted to be headed by people aged over 65 by 2021 according to the NHF (urban areas are specified as such, with the remainder classed as being rural):

… East Devon: 44.5%”

http://www.westernmorningnews.co.uk/Rural-West-pensioner-pockets-young-driven-house/story-26841095-detail/story.html

Housing: scandal after scandal after scandal

Buy to let scandal:
http://www.dailymail.co.uk/money/article-3149797/Is-Britain-sitting-200bn-buy-let-time-bomb-Landlords-borrow-vast-sums-fund-property-empires.htm

Right to buy housing association properties scandal:
http://www.theguardian.com/politics/2015/apr/14/tory-housing-association-right-to-buy-policy-attacked-big-business

Empty homes scandal:
https://www.contributoria.com/issue/2015-07/5551cea1853daab15a00018f/proposal

Mouldy rental homes scandal:
http://www.theguardian.com/commentisfree/2015/jul/04/mouldy-rentals-are-no-place-to-raise-kids-why-isnt-housing-a-scandal

Former council homes now rented out scandal:
http://www.cambridge-news.co.uk/Cambridge-right-buy-scandal-half-sold-council/story-26831176-detail/story.html

Homes owned by tax haven investors scandal:
http://www.michaelmeacher.info/weblog/2015/06/scandal-of-100000-uk-properties-covering-12-million-acres-now-owned-by-companies-in-tax-havens/

Parish council fights affordable housing allocation

Old Hunstanton Parish Council claims that the government should not have given the green light to a development of 15 affordable homes on a field on the edge of the village.

The council says there is not a local need for them and has asked the judge to reverse the decision made by the former communities secretary Eric Pickles last year.

Luke Wilcox, for the parish council, told the court that planning rules allow rural greenfield development if there is a “local identified need.”

In this situation that must mean “local rural need,” he said. He claimed that the planning inspector who recommended the go-ahead for the project to the secretary of state did not appreciate that and wrongly considered the needs of the nearby town of Hunstanton as well.

Old Hunstanton has around 600 inhabitants while nearby Hunstanton has around 5,000 inhabitants. According to the housing register there are only two households in housing need in Old Hunstanton, compared with 22 in Hunstanton itself, said Mr Wilcox.

He added that the statistics showed that there was no need for 15 affordable homes in Old Hunstanton.

John Dobson, the chairman of Old Hunstanton Parish Council, attended the hearing. Speaking outside of court he said that the dispute, which has gone on for around two years, was “multifaceted and very complex.”

However, he said that he was the leader of the borough council that wrote the rules allowing development on green field sites if there was a “local need.”

He said that the borough council brought in the rule because the number of people buying holiday homes in the area had made houses in the villages too expensive for local people.

But he said greenfield development should only be allowed to let the people in the village who need housing build houses.

He added that the policy was not intended to allow people from the nearby town to be housed in the village.

However, Richard Honey, the counsel for the secretary of state who is opposing the challenge, told the court that the parish council was wrong.

He said that in reaching his decision the planning inspector had applied a “clear and natural” interpretation of the rules in a way that was in line with “local planning authorities up and down the country.”

Mrs Justice Lang has reserved judgment in the case and will give it in writing later. No date has yet been fixed.

Old Hunstanton Parish Council v Secretary of State for Communities and Local Government. Case Number: CO/79/2015

http://www.planningresource.co.uk/article/1354381/parish-council-takes-fight-against-affordable-housing-scheme-high-court

How developers exploit the planning system

http://www.theguardian.com/cities/2015/jun/25/london-developers-viability-planning-affordable-social-housing-regeneration-oliver-wainwright

NPPF allows “practitioners of the dark arts” to cut new social housing

And this comes from the professionals, not the public!

http://www.bdonline.co.uk/news/architects-call-for-nppf-reform-over-viability-concerns/5076195.article

EDDC in secret talks with DCC to build (some) affordable housing in Exmouth

But remember that “affordable” means 90% of market rent.

Why not a Community Land Teust for 100% affordable housing for lical people as has been done in other areas. And what about self-builds?

And surely these political decisions did not take place behind closed doirs during the Purdah period?

And it will be SO interesting to see which housebuilder they pair with!

http://www.exeterexpressandecho.co.uk/East-Devon-Council-buy-buildings-Exmouth-site/story-26400487-detail/story.html