The meaning of “housing supply policies”

“The Court of Appeal may have brought clarity to what are relevant housing supply policies (at least until the Supreme Court has its say), but it is not open season for housebuilders, argues John Pugh-Smith.

On 17 March 2016 the Court of Appeal gave judgment in the linked appeals Suffolk District Council v Hopkins Homes Ltd & SSCLG and Richborough Estates Partnership LLP v Cheshire East Borough Council & SSGLG [2016] EWCA Civ 168.

The issue before the Court concerned the meaning of the phrase ‘relevant policies for the supply of housing’ in paragraph 49 of the National Planning Policy Framework (2012) (‘NPPF49’) …”

Postscript: On 14 April the two unsuccessful authorities applied for permission to appeal to the Supreme Court.

see article for more information:

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26705%3Athe-meaning-of-housing-supply-policies&catid=63&Itemid=31

“Land bank statistics undermine attacks on planning”

New figures from the LGA show conclusively that numbers of unbuilt consented housing plots have been growing rapidly since 2012.

New research for the Local Government Association has confirmed that England has a vast surplus of consented but unbuilt housing developments, with 475,647 in builders’ land banks.

The study, carried out by Glenigan, shows unbuilt consented plots have grown rapidly since the National Planning Policy Framework was imposed in 2012. In 2012-13 there were 381,390 unimplemented plots and in 2013-14 there 443,265 despite a rapidly improving market.

“These figures conclusively prove that the planning system is not a barrier to house building,” said LGA housing spokesman Peter Box. “In fact the opposite is true, councils are approving almost half a million more houses than are being built, and this gap is increasing.”

He pointed out that, while private builders have a key role to play, they cannot solve housing shortages alone, so councils need the power to invest in homes and to force developers to build more quickly. He called for measures to address the construction skills shortage.

The analysis showed that the average time between planning consent and completion has also risen sharply. In 2008-9 it was 21 months, in 2012-13 it was 27 months but by 2014-15 it had risen to 32 months.”

https://brownfieldbriefing.com/44393/land-bank-statistics-undermine-attacks-on-planning

Councils appeal decision on interpretation of 5-year land supply

“The disputes relate to an important provision in the National Planning Policy Framework. Paragraph 49 of the NPPF requires all decision makers across the country who are determining planning applications and appeals to treat “[r]elevant policies for the supply of housing as not up to date if the local planning authority (LPA) cannot demonstrate a five-year supply of deliverable housing sites.”

There were a number of High Court rulings on the phrase ‘relevant policies for the supply of housing’ before the Court of Appeal judgment.
The Court of Appeal ruled that Paragraph 49 should be interpreted widely and that it applies to all policies which are restrictive of where housing development can go.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26660%3Acouncils-to-take-battle-over-planning-policies-and-housing-to-supreme-court&catid=63&Itemid=31

Case law on 5-year land supply and NPPF

“The Court Of Appeal has this week been hearing joined appeals on the meaning of a key section of the National Planning Policy Framework (NPPF) relating to “policies for the supply of housing”.

Cornerstone Barristers reported that the principle at issue in the cases of Hopkins Homes Ltd v SSCLG and Cheshire East BC v SSCLG is the meaning and scope of paragraph 49 NPPF which provides that “relevant policies for the supply of housing” are “out of date” when the authority cannot demonstrate a 5-year supply of housing sites.

“The consequence of the relevant policies being out of date is that paragraph 14 NPPF and its presumption in favour of permission is engaged, with radically different prospects of success for the applicant,” the set said.

According to Cornerstone, the meaning of paragraph 49 has been subject to at least three competing constructions in judgments of the High Court since the NPPF came into force in 2012.

The Court of Appeal granted permission to appeal on the basis that the paragraph 49 issue was of “wider importance” as well as standing a real prospect of success.

Jonathan Clay and Ashley Bowes of Cornerstone are appearing for Suffolk Coastal District Council, the appellant in the Hopkins case.

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=25682:court-of-appeal-hears-key-cases-on-policies-for-the-supply-of-housing&catid=60&Itemid=28

MPs questions on planning – woeful ignorance of reality

The village of Hook Norton is mentioned ( see earlier post) as well as this exchange:

Michelle Donelan Conservative, Chippenham
The Minister will be aware that the planning inspector has deferred a decision on Chippenham’s housing development plan and has asked Wiltshire council to come back after a few queries. During this time, what measures could be put in place to ensure we do not have a free-for-all of aggressive planning applications against the best interests of the strategy of the town?

Marcus Jones Parliamentary Under-Secretary of State (Department for Communities and Local Government) (Local Government)
Having a five-year land supply in place puts local planning authorities in a strong position to resist unwanted development. Furthermore, national planning policy reiterates the importance of sustainable development, not development anywhere or at any cost, and I am sure my hon. Friend’s local authority is well aware of that when making decisions.

http://www.theyworkforyou.com/debates/?id=2015-12-14a.1270.2

What can you do when the Parliamentary Under-Secretary of State (Department for Communities and Local Government) (Local Government) is si ignorant of real life?

Developer free-for-all: you ain’t seen nothing yet!

Hook Norton, Oxfordshire, Cotswolds, 4.5 miles from PMs Chipping Norton home. population around 2,000.

Local plan – tick
Five year land supply – tick
Neighbourhood plan – tick

Local council gets a planning application for 54 houses over and above local plan and neighbourhood plan, next to a dairy. Council says NO – it’s not in our approved Local Plan, not in our approved Neighbourhood Plan and too close to the cows: smelly and insects.

End of development – right?

WRONG!

Developer goes to appeal – planning inspector finds in their favour. Sent to Secretary of State – he agrees.

“In the secretary of state’s view, development of the whole appeal site would not necessarily conflict with [the neighbourhood plan], providing construction were to proceed incrementally in the form of three or more separate phases, each of no more than 20 dwellings built at say five year intervals. In view of this, the secretary of state considers that the degree of conflict between the proposal and [the neighbourhood plan] is limited and he finds no evidence that any significant material harm would ensue if this”, the letter said.

Overall, the letter said that Clark considered that the benefits of the development “would clearly outweigh the harm in terms of the limited conflict with the [neighbourhood plan] and the slight adverse effect on future occupiers as a result of odours generated by the adjacent Redlands Dairy Farm. He therefore concludes that the material circumstances in this case indicate that the appeal should be allowed and outline planning permission granted.”

RESULT: forget your Local Plan, forget your Neighbourhood Plan, forget your 5 year land supply – if a developer wants to build 54 houses next to pong and insects, that’s fine.

So, NPPF, Local Plans, Neighbourhood Plans, five year land supply can ALL be over-ridden by a developer, planning inspector and the Secretary of State.

It is to be hoped that there will be a judicial review – otherwise we might as well all rip up all three documents and leave the developers to it – we will have no planning rights at all.

More changes to planning policies: will they ever get it right?

10 things you need to know about this week’s consultation on changes to the National Planning Policy Framework (NPPF), including proposals to amend the planning policy definition of affordable housing, plans to require higher density development around commuter hubs, and a new presumption in favour of brownfield housing development.

1. Sanctions for under-delivering on housing targets mooted
Local planning authorities that fail to deliver the homes set out in their local plans could be required to identify ‘additional sustainable sites’, which could include new settlements, according to the consultation. It sets out further details on the operation of the housing delivery test announced in last month’s Spending Review. It says that the government proposes to amend planning policy to make clear that where significant under-delivery is identified over a sustained period, action needs to be taken to address this. “One approach could be to identify additional sustainable sites if the existing approach is demonstrably not delivering the housing required,” the consultation says. MORE.

2. Affordable housing definition broadened
The government proposes 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”. MORE.

3. Councils told to plan for needs of those who aspire to home ownership
The consultation says that the government proposes 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”.

4. Push for higher densities around commuter hubs
The consultation proposes a change to national planning policy “that would expect local planning authorities, in both plan-making and in taking planning decisions, to require higher density development around commuter hubs wherever feasible”.

5. Fresh policy backing for new settlements
The government proposes to strengthen national planning policy to “provide a more supportive approach for new settlements, within locally-led plans. We consider that local planning authorities should take a proactive approach to planning for new settlements where they can meet the sustainable development objectives of national policy, including taking account of the need to provide an adequate supply of new homes”.

6. A presumption in favour of brownfield housing development
The consultation says that the government will “make clearer in national policy that substantial weight should be given to the benefits of using brownfield land for housing (in effective, a form of ‘presumption’ in favour of brownfield land). We propose to make it clear that development proposals for housing on brownfield sites should be supported, unless overriding conflicts with the local plan or the National Planning Policy Framework can be demonstrated and cannot be mitigated”. MORE.

7. Call for release of unviable employment land
The government intends to amend paragraph 22 of the NPPF “to make clear that unviable or underused employment land should be released unless there is significant and compelling evidence to justify why such land should be retained for employment use”.

8. Scope of Starter Homes initiative widened further
The scope of the current exception site policy for Starter Homes could be widened to incorporate other forms of unviable or underused brownfield land, “such as land which was previously in use for retail, leisure and non-residential institutional uses (such as former health and educational sites)”, according to the consultation document.

9. Neighbourhood planners to identify green belt Starter Home sites
The government proposes to amend national planning policy so that neighbourhood plans can allocate appropriate small-scale sites in the green belt specifically for Starter Homes, with neighbourhood areas having the discretion to determine the scope of a small-scale site.

10. Green belt brownfield policy test faces revision
The consultation says that the government proposes to amend the current policy test in paragraph 89 of the NPPF that prevents development of brownfield land where there is any additional impact on the openness of the green belt to “give more flexibility and enable suitable, sensitively designed redevelopment to come forward”

The consultation closes on 25 January 2016.

Consultation on proposed changes to national planning policy is available here.

http://www.planningresource.co.uk/article/1376060/nppf-consultation-10-things-need-know

COVOP summary: The state of planning today

Planning Situation: Background

There is very strong evidence to show that across England the Planning system is badly broken and that communities are being left to pick up the mess. The NPPF has resulted in planning-through-appeal and, in areas where Local Plans can’t get through the inspection process, the developers are having a field day. The common practice is to pick off sites that haven’t been identified for strategic development and take local authority decisions through appeal. The sites that have been identified for strategic development can then be picked off at leisure later on. Developers are building up magnificent stockpiles of permissions and their profits have shot up since the inception of the NPPF.

Permissions can last for a minimum of three years and on bigger sites this can be extended. All the developer has to do to secure the permission is to put a spade in the ground. He or she doesn’t have to build-out. Build-out rates are appallingly slow. In the midst of massive claims about housing need, the market, other than in London and the south east, is sluggish. Here in Cheshire East we have permissions coming out of our ears, but the builders churn out approximately 30 houses per annum, even on big sites. This is big business and neither councils nor communities can afford the level of legal expertise that is required to negotiate their way through the minefield. The cards are stacked against them, anyway. The NPPF is deliberately written to ensure that housing gets built, and sustainability, which is supposed to prevent adverse development is neither properly defined nor properly applied.

Developers have their own standard housing designs and they have finely tuned their businesses so that they build to those stock patterns and only build sufficient quantities to keep demand and prices high. That is why affordable housing is not built in the quantities that are needed and why the big builders won’t build things like bungalows. Land-owners have got in on the act and now only want to sell their land for housing because this brings in a bigger return than infrastructure or commerce.

Local authorities are being kicked by both government and their communities. In fact, their hands are tied because getting a local plan through an inspection is difficult and because the law has been constructed in such a way that opposition is neutered. The so-called objectively-assessed housing need is always based on figures that assume enormous levels of growth for the whole of the twenty-year plan period. Add in the Liverpool and Sedgefield decisions, which are ways of providing an extra provision to supplement the five year housing supply, and areas are stuck with unrealistic housing expectations. Which the builders argue for, but then don’t bother to supply.

The NPPF was compiled by four people, three of whom had interests in the construction industry and one of whom was an officer in the RSPB. It is considered by most communities to be a developers’ charter. The lead figure in pushing for this was a woman from the Treasury called Kate Barker who is now a director of Taylor Wimpey. I once carried out an assessment of a group of members of the House of Lords who were in a debate on housing and who were all demanding further deregulation of the planning regime. They all had some kind of personal pecuniary interest in the industry.

All this might be forgivable if housing for those who need it was being supplied. It is not. Generally speaking, the housing that is being built is often in the luxury end of the market and such unnecessary provision as second homes. There are now more private landlords than in the public or housing association sector. Evidence shows that the latter are not going to be building much more property for several years because they are having to make up the shortfall, in some instances by making staff redundant, as a result of the current changes to the welfare regime. The right-to-buy is also seen by them as a threat and makes them reluctant to invest in more property.

There are some useful studies about all these things, in addition to the evidence presented by communities to the Review that was held by the Committee for Communities and Local Development last year. They made recommendations that might have been really helpful and the Government chose to ignore these. The Secretaries of State and the Planning Ministers seem to be in total denial about the failure of their policy. Across England there are action groups in communities that feel bruised and damaged by the fall-out from all this. Because the emphasis has been on a kind of scorched-earth, build-at-any-cost, programme the basic infrastructure provision that underpins all development is being eroded or omitted. The gladiatorial contests in major planning appeals now include spirited attempts to get away with not making any contributions to community infrastructure. The government is complicit in this. All political parties, and many charities make statements about the quantity of housing need but they rarely present the evidence that supports these claims.

At local level, we know that our local association has no method of working out housing need because they allow multiple registration (the same person can apply for as many different kinds of accommodation as they want. Every time they apply, this counts as housing need. It doesn’t matter whether they are already housed. A member of their household can also register in the same way).

​(Jenny Unsworth, CoVoP and Protect Congleton)

Housing myths

Following on from the post below, here is an article from Simon Jenkins challenging myths about housing that appeared in the Guardian earlier this month:

“Here are the most damaging myths about the policy issue that’s on everyone’s lips – and a few brutal realities
Housing is Britain’s top policy issue. It is the “crisis” of our day. London’s mayoral elections, says Labour’s Sadiq Khan, should be a “referendum on the housing crisis”. The migration crisis, the NHS crisis and the poverty crisis all pale before its awesome might. So what is the “solution”?
There is no solution. As in all political crises, there are tribal myths and economic realities. When the myths win, policy degenerates into chaos and counterproductivity. First, let’s deal with the myths.

1 That there is a housing “crisis”. There is none. Too many people cannot find the house they want in London and the south-east, which is where most politicians and commentators live. This is inevitable where an economy is booming. Average prices in London may be £500,000, but in the north-west and north-east of England they are £150,000. You can get a decent home in Salford for £65,000.

2 That an average is a minimum. It is not. Housing hysteria is based on averages. When someone asks “How can I possibly afford £500,000?”, the answer is: you cannot, but somebody presumably can. But go on Zoopla and there are houses in parts of London for £180,000. Even the poorest newcomers seem to find somewhere (usually private) to rent.

3 That there is a national “need” for 250,000 new houses a year. For decades this has been Whitehall’s meaningless concept of “household formation”, taking no account of regional preference, propensity to move home, house prices or cost of finance. Housing need implies homelessness. It should refer to the 60,000 people currently in temporary accommodation, who ought to be the chief focus of policy attention. All else is “demand”.

4 That the solution to house prices lies in building more new houses. New houses are always worth building, where the infrastructure is in place. But new houses account for a mere 10th of housing transactions. The chief determinant of house prices is the state of the market in existing property and the cost of finance. During the sub-prime period, prices soared in America and Australia despite unrestricted new building. It was cheap money that did the damage. The house-builders lobby equates housing to “new build” because that is where their interest lies.

5 That the solution lies in the green belt. This is an anti-ruralist’s version of myth four. Even were the green belt obsolete, which few accept, or partly so (which I accept), it will not dent the pressure of overall demand. Nor is sprawl remotely “sustainable” development. It requires new infrastructure and puts more pressure on roads and commuting. It is bad planning.

6 That high buildings are the answer. They are inefficient as the higher you build the more is spent on servicing. London’s most popular and economic housing is “high density/low rise”. Towers have supplied mostly empty pads for the rich, housing no one.

7 That the answer lies in new social housing. Security of tenure and low turnover – not to mention right to buy – renders the fixed stock of public housing inflexible and immobile. Increasingly it has become a generous donation by the taxpayer to a fortunate few, for life. It is largely irrelevant to acute homelessness.

8 That people have a “right” to live where they or their parents lived before. Localities benefit from stable populations, but conferring and bequeathing such a right to discriminatory subsidy is in no book of rights.

9 That there is also a “right” to home ownership. The state has a housing obligation for those who need help. Home ownership is capital accumulation, developed out of the Tories’ mortgage tax relief as a form of saving for old age and to endow offspring. It promotes inequality and cannot be termed a right.

10 That renting is stupid. Renting is buying a service. About 60% of Germans rent. They do not think of buying until their 40s. Booming Berlin has 90% of its population renting. Renting aids labour mobility and channels savings into productive investment. As a result, Germany has little house price inflation and no “ladder” advantage to owning not renting.

11 That buy to let is evil. The poorest people rent from the private sector. The more houses are available to rent, the more flexible is the housing stock and the lower are rents for those who do not buy. Whether buyers-to-let should enjoy tax breaks and whether rents should be regulated are quite different matters.

Facing these myths stand a few realities.

1 There is no “need” to build on rural land outside cities. Jobs, leisure and infrastructure are available in cities. We should not aid hypermobility with sprawl. Every city, in de-industrialising, leaves empty sites stuck in planning arguments or delayed decontamination. The London agents Stirling Ackroyd have identified sites for 500,000 houses in London without touching the green belt. People may like houses in the countryside, but that is preference not need.

2 The one massive reservoir of vacant residential property in Britain is under-occupied property and underdeveloped city land. London is awash with small houses and empty rooms, its residential density the lowest of any big city in Europe. Detached houses, spare rooms and gardens are the nation’s luxury. Britons had 1.5 rooms per person in 1981 and have 2.5 today, even as new housebuilding is declining. Freeing up this capacity should be the overwhelming goal of policy.

3 Tax makes it worse, not better. VAT discriminates in favour of new building and against the conversion of existing properties. Stamp duty is a tax on transactions, and thus on downsizing and more efficient use of space. Council tax is wildly regressive, promoting wasted space. Inheritance tax relief rewards hoarding.

4 Planning control is too strict. Permitting an extra storey, apartment or back extension on every existing property would drastically increase density and capacity. London can grow higher without growing high.

5 The most effective way to relieve housing poverty is through housing benefit, at present chaotically administered. Cash payments are more flexible and fit for purpose. They should extend to a new “public sector Airbnb”, geared to bringing vacancies to market.

6 The only way to force down rents and house prices in the south is to strain every policy sinew to make London poorer and the regions richer. That seems too radical for anyone.”

Simon Jenkins
The Guardian, Thursday 1st October 2015

http://www.theguardian.com/commentisfree/2015/sep/30/housing-crisis-policy-myth-realities

Senior EDDC officer roundly criticises un-named councillors in public papers

A rather extraordinary inclusion in the papers for tomorrow’s Development Management Committee has piqued the Owl’s interest:

Ed Freeman (Head of Planning) has written an extraordinary attack against previous (unnamed) councillors reproduced verbatim here:

“Where in the past some Members have sought to drive down housing numbers to protect the environment and satisfy the expressed desires of residents to see only limited growth and development this has arguably been a short sighted and perhaps self defeating approach. In terms of following through on the Government’s objectives, we are required to have an objectively assessed housing need which meets the identified needs of the district and then to purposively meet that need.”

Surely it is inappropriate for a senior officer to attack councillors in public for wanting “to protect the environment” and for standing in the way of “Government objectives”? And if EDDC exists ONLY to follow government objectives, what is the point of its existence, one might ask? And that of its officers, whose job is supposed to be to provide neutral and objective support, whatever party might be in power in the district at the time.

It’s particularly rich when it could be said that it is only thanks to EDDC’s self-confessed persistent failure to build enough houses over the past decade, and its inept performance when it comes to the Local Plan, that some councillors are trying to protect the countryside that EDDC itself has put at risk.

Owl wonders if councillors feel it worth a slapped wrist – an officer of the Council should not be criticising councillors for doing their job and who, if not named, can surely be identified .

Click to access 080915-combined-dmc-agenda-compressed.pdf

Further evidence for the Local Plan and EDDC tries to pass the buck to the National Trust and Woodland Trust for required open spaces

Mr Thickett said he would allow the participants at the housing session an opportunity to see and comment on the Council’s further submissions.

The further submissions can be accessed here:
http://eastdevon.gov.uk/planning/planning-policy/emerging-plans-and-policies/the-new-local-plan/examination-and-hearing-sessions-and-further-consultation-at-april-2015/august-2015-evidence/#article-content

If you wish to make any comments on the new evidence and submissions only; on other matters will not be accepted, please submit these comments to me the Programme Officer by 30 September 2015.”

Our comment:

The EDDC “evidence” does not inspire us with enough confidence that sufficient robust evidence has been supplied by EDDC, particularly in respect of Habitat Mitigation obligations.

Many aspects have been left for the Inspector to decide because Natural England and EDDC cannot agree that enough has been done to safeguard special sites.

It also says that the Exmouth Splash Masterplan as it stood at the last hearing, may well not be the one that Exmouth ends up with but they don’t see why this should hold up the Local Plan.

All singing from the same hymn sheet?

A correspondent writes:

The Talaton appeal decision summarised on “the Watch” recently, intrigued me. It brought to mind another recent appeal, Down Close, Newton Poppleford, dated 29 May 2015, in which the Inspector similarly upheld EDDC’s decision to reject the application but also threw doubt on whether EDDC can demonstrate a 5 year land supply. Something crucial to adoption of the Local Plan.

Two different Inspectors are involved and they are clearly singing from the same hymn sheet. Inspector Thickett is due to produce his report on the Examination in Public of EDDC’s Local Plan fairly soon. If he comes from the same broad church as the Appeal Inspectors then we might expect EDDC to get a rough ride on its housing needs and numbers. Could they be so unconvincing as to return us to a developers’ free for all?

Here is an extract of what Inspector Ball wrote about Newton Poppleford at the end of March:

“Just before my site visit the Council submitted a housing monitoring update purporting to show that it can now demonstrate a 5.45 year supply, including a 20% buffer due to previous under-supply.

I have reservations about this. Following significant objections by the Local Plan Inspector, proposed modifications to the NEDLP are currently out to consultation; the new objective assessment of housing need has not been fully tested; and the appellants raise serious concerns about the development timescales of several major sites relied on by the Council, throwing doubt on their deliverability within the 5 year period. These are matters to be tested and resolved by the Local Plan Inspector. For this appeal, as things stand, I do not consider that it is possible to conclude with any confidence that the Council can demonstrate a 5-year supply of deliverable housing sites.”

And here is an extract of what Inspector Preston said at on 24 August:

From the information in front of me, the Council has not demonstrated that previous under delivery has been accounted for within its five-year supply calculations. Even if the previous under-delivery has been accounted for within the estimated need of 17,100 identified within the SHMA, which is not certain, the way in which the Council have addressed the previous under-supply is not consistent with the aim of addressing it within the first five years, where possible. In the Council’s projection the 17,100 has been split evenly over the plan period, ‘the ‘Liverpool’ method. Whilst the PPG is not prescriptive in stating that any under-deliver must be recovered within the first five years it sets a clear preference for this approach, ‘where possible’. No evidence was presented by the Council to suggest that it would not be possible to recover any previous under-supply over the next five years and the Local Plan Inspector has previously written to the Council to advocate the ‘Sedgefield’ approach with the aim of boosting housing supply.

“Moreover, I have concerns that the projected delivery rates for the new settlement at Cranbrook are not supported by clear evidence. The predicted completion rate for the two phases of the development over each of the following five years is 467 dwellings per annum. However, the March 2015 HMU identifies that there had been 757 completions between ‘summer’ 2012 and August 2014. It is not clear when development commenced but the published completion rate suggests a figure in the region of 350 to 375 dwellings per year over the two year period.

The Council suggested orally at the Hearing that there is evidence to suggest that delivery rates are likely to increase but no firm evidence was submitted to show how the predicted delivery rates had been derived. In effect, those predictions show an increase of approximately 100 dwellings a year at the site, over and above the published rate of completion to date. That rate of delivery is not supported by the evidence presented to me.”

Talaton planning refusal will affect many other communities in East Devon

Two planning applications for 10 and 25 houses in Talaton have been refused on appeal. It is best to read the full document (see link below) for how it might affect YOUR community.

Basically, although the Inspector had a LOT to say about how he did not trust EDDC’s figures on 5 year land supply or its planning abilities in general particularly with regard to Cranbrook, the unsuitability of the suggested S106 option of village hall extra parking, the lack of sustainability AND Talaton’s nearness (within 10 km) of the Pebblebed Heath weighed heavily in his decision:

30. From the information in front of me, the Council has not demonstrated that previous under delivery has been accounted for within its five-year supply calculations. Even if the previous under-delivery has been accounted for within the estimated need of 17,100 identified within the SHMA, which is not certain, the way in which the Council have addressed the previous under-supply is not consistent with the aim of addressing it within the first five years, where possible. In the Council’s projection the 17,100 has been split evenly over the plan period, ‘the ‘Liverpool’ method. Whilst the PPG is not prescriptive in stating that any under-deliver must be recovered within the first five years it sets a clear preference for this approach, ‘where possible’. No evidence was presented by the Council to suggest that it would not be possible to recover any previous under-supply over the next five years and the Local Plan Inspector has previously written to the Council to advocate the ‘Sedgefield’ approach with the aim of boosting housing supply.

31. Moreover, I have concerns that the projected delivery rates for the new settlement at Cranbrook are not supported by clear evidence. The predicted completion rate for the two phases of the development over each of the following five years is 467 dwellings per annum. However, the March 2015 HMU identifies that there had been 757 completions between ‘summer’ 2012 and August 2014. It is not clear when development commenced but the published completion rate suggests a figure in the region of 350 to 375 dwellings per year over the two year period. The Council suggested orally at the Hearing that there is evidence to suggest that delivery rates are likely to increase but no firm evidence was submitted to show how the predicted delivery rates had been derived. In effect, those predictions show an increase of approximately 100 dwellings a year at the site, over and above the published rate of completion to date. That rate of delivery is not supported by the evidence presented to me.

I conclude that the location of the site is such that the proposed developments would result in unsustainable travel patterns resulting in an increase in the use of the private car. The harm resulting from those unsustainable travel patterns would be comparatively greater for the proposed development in Appeal B due to the greater number of dwellings in that scheme. Both proposals would be contrary to the requirements of policy TA1 of the LP and policy TC2 of the ELP, which state that new development should be located so as to be accessible by pedestrians, cyclists and public transport and well related to compatible uses to as to minimise the need to travel by car.

the proposed car park [for the village hall] is not directly, or even indirectly, related to the impact of the proposed scheme and is not necessary because of it. Thus, the offer to provide the car park is not a matter that I can take into account in reaching my decision, having regard to paragraph 204 of the Framework and regulation 122 of the Community Infrastructure Levy Regulations (2010). Whether an individual landowner or developer chooses to offer the car park to the Parish Council is a matter for their consideration. It is not a factor that can be taken into account in reaching my decision.

…The appeal sites are within a 10km radius of the Pebblebed Heaths SAC/SPA. The Council have referred to the South East Devon European Site Mitigation Strategy10 (the Mitigation Strategy) which identifies that planned residential and tourist accommodation development within that radius would, in combination, have a detrimental effect on the integrity of the SAC/SPA, as a result of increased recreational pressure within the designated SAC/SPA boundaries. Both main parties agree that mitigation is necessary in order to off-set the harm caused by the proposed developments and clause 3.3 of the s.106 agreements in relation to both proposals indicates that planning permission should be refused in the absence of the proposed mitigation11. Based upon the findings of the Mitigation Strategy I concur with that view.

Paragraph 7 of the Framework identifies three dimensions of sustainable development, based on economic, social and environmental factors. The Framework identifies that these strands are mutually dependent and should not be considered in isolation. In this case, the village is not in a sustainable location in terms of its proximity to shops, services and employment opportunities. Future residents would be largely reliant upon the private car. That reliance would not foster a move towards a low carbon economy and would be contrary to the environmental dimension of sustainable development.

The full document is HERE13.1832 & 1833.mout

The shape of things to come?

New York today, East Devon tomorrow?

Londoners have already been given permission to build extra storeys on their homes.

And here’s a suggestion: build affordable housing on top of EDDC’s new Honiton HQ! Money where mouths are or mouths where money is!

http://www.apartmenttherapy.com/a-floating-highrise-nyc-developers-plan-to-build-above-an-existing-building-222748

Planning permission or planning completions: which is most important

Local authorities ( particularly East Devon District Council) are rushing through planning applications and consenting to them at high speed. But what is the point if developers can then drip-feed and cherry-pick which of those houses they build and when? Doing this allows for house prices to be kept artificially high and to ensure that only those houses that make the most profit get built, as this article points out:

Even though there is some evidence that public attitudes to housebuilding are shifting, it is a major achievement to secure approval for a quarter of a million homes through a system that is still largely in the control of local politicians.

As Department for Communities & Local Government minister Brandon Lewis acknowledged earlier this year, the planning system can no longer fairly be accused of stifling necessary development. He told Planning’s national summit at the end of March that “the planning system is delivering and land supply is coming forward”.

Nonetheless, the housebuilding industry is urging the government not to take its foot off the planning system’s accelerator pedal. The Home Builders Federation (HBF) said many of the units identified in the report still had to navigate the remainder of the planning system, a process that “continues to take far too long, delaying work starting on many of the sites”.

Clearly, from the evidence of the Summer Budget and the Productivity Plan, the government is minded to agree. Amongst other measures, it is aiming to introduce automatic permission in principle for housing on brownfield sites identified as suitable, a tougher development management performance regime for councils and new sanctions for councils that fail to produce local plans.

Some of these steps, notably the focus on local plan-making, are welcome. But there is a danger that ministers are focusing too much on permissions, and not enough on completions. The statistics for last year show just over 125,000 completions. While there will clearly be a time lag between an increase in consents and a rise in completions, the statistics suggest that the latter are not growing nearly as fast as the former. Ministers need to take steps to ensure that developers make more use, more quickly, of the good work done by planning authorities.

Richard Garlick, editor, Planning richard.garlick@haymarket.com
http://www.planningresource.co.uk/article/1358321/ministers-focus-completions-permissions-richard-garlick

Cranbrook: the numbers just don’t stack up

Following on from the post where Devon County Council foresees a town “as big as Barnstaple” at Cranbrook. we have received the following comment which is upscaled to a post here:

Here are some historical EDDC statements about the size of Cranbrook:

Cabinet 2 May 2012 – “The Local Plan anticipates the completion of 6,000 homes at Cranbrook in the period to 2026 representing a likely population in excess of 13,000 people.”

Cabinet 3 April 2013 – “More broadly this pace of delivery is fundamental to supporting the achievement of the Local Plan, with circa. 60% of the remaining strategic housing requirement due to be accommodated at Cranbrook with expansion up to circa 6,500 homes over the plan period.”

Cabinet 4 Sept 2013 – “It is anticipated that by 2026, 6,000 new homes and associated town centre and other facilities will have been built. Assuming an occupancy rate of 2.2 persons per dwelling this is likely to mean that Cranbrook’s population will reach approximately 13,000 people – similar to Honiton by 2026. These 6,000 new homes are anticipated to come forward as a consequence of the following: Outline planning application 03/P1900 granted in October 2010 for the first 2,900; A Full Planning application for 600 homes (submitted on 2 August 2013) and (at the time of writing, being checked for validation) the ‘East and West Expansion Areas’ – allocated for approximately 2,500 homes in the emerging Submission East Devon Local Plan 2006-2026.”

Cabinet 4 June 2014 – “The vision for Cranbrook clearly anticipates that it will be much more than a housing estate with it being seen instead as a “new East Devon ‘market town’” with a “fully functional town centre” that is “ideally placed to perform a role in serving tourism in East Devon”.”

Cabinet 5 Nov 2014 – “The new Local Plan identifies both east and west expansion areas for Cranbrook to bring the overall level of development to about 6,000 houses. The new local plan does also show an indicative location for about 1500 houses to the south of the old A30 Honiton Road after 2016. New Community Partners (NCP) have advised that they will be submitting an outline planning application for the east, west and southern expansion of Cranbrook comprising possibly 4,000 houses before the end of 2014. The NCP held a “Cranbrook to 2031’ public exhibition on 15 and 16 October and before the end of this calendar year we expect to receive an application or applications for the largest residential scheme East Devon DC has seen in many years.”

EDDC Web site today – What is Cranbrook all about? – “Currently, a total of 3,561 homes, two primary schools, a secondary school, town centre, local centre and associated infrastructure and green spaces have planning permission but there are plans for a further 4,000 homes and associated infrastructure set out in the New Local Plan meaning that the town is planned to grow to a total of around 6,000 homes by the year 2026 and to 7,500 homes beyond that. This equates to a town of approximately 15,500 people (slightly larger than Sidmouth or Honiton).”

So, EDDC’s official position is originally 6,000 houses / 13,000 people , and now targeted at 7,500 homes (which would be c. 16,250 people). So I am not sure where 30,000 people has come from – or why a second station is needed when the population is actually projected to be only half the size of Barnstaple.

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

Who shapes our future?

Anyone who’s been to the new town of Cranbrook lately, will be interested in this link: http://futuresforumvgs.blogspot.co.uk/2015/04/where-we-live-now-new-town-home-town.html

Was it Churchill who once said, we shape our buildings and our buildings shape us…