The Queen’s Speech: another ” get out of jail free” card for developers

Buried in the minutae of the Queen’s Speech to Parliament is yet another Golden Egg for developers.

The government intends to ensure that developers can immediately discharge upon application, certain types of planning conditions (presumably Section 106 contributions and maybe the affordable housing contribution) if a local authority has not notified the developer of their decision within a prescribed time period.

So, a local authority only has to be 24 hours late in reaching a (very quick) decision and every community benefit may be wiped out.

Some developments are so complex the targets of 8 or 13 weeks (depending on who you listen to) will be impossible. Simple applications may similarly now be made more complex by unscrupulous developers or local authorities wanting to push through developments but not wanting the developer to pay for community benefits or infrastructure.

Nice one Dave.

And then watch builders develop in multiples of 50!

Will the government never learn – or perhaps it doesn’t want to:

http://www.telegraph.co.uk/news/politics/liberaldemocrats/10868579/Small-housing-developers-exempt-from-zero-carbon-home-regulations.html

Letter on Express and Echo website: listen to the people

IS it so surprising that the electorate is disaffected and is rejecting the traditional parties? Had there been more elections in rural districts last week there would surely have been an even greater protest vote.

And it is interesting to note that last Friday a non-party-political Community Action Group in Formby, Lancashire, campaigning against over-development, convincingly won a councillor seat from a “safe” Labour councillor.

And why is this? Since the inception of the National Planning Policy there has been a relentless attack on our countryside, on our small towns and villages and our green belt, by developers in league with local politicians pursuing housing policies promoted by the main political parties.

The result has not been “affordable” homes nor housing for social need, in which large developers are not interested, but a rash of expensive and unsustainable housing development, much of it sold as second-homes or investment properties.

This, encouraged by the Right-to-Buy scheme, has only increased the price of housing and created a housing bubble.

And whatever happened to the coalition Government’s vaunted “localism”?

It is now exposed as a sham because individual communities have, in fact, ended up with less power and restrictions on their democratic freedom of speech; while there are fewer checks on the rapacity of greedy developers, and the myth of inflated housing figures goes unchallenged.

Our advice to all the main parties is to listen: the people who gave power to politicians will soon have the chance to take it away. We need and deserve representatives who will protect our environment and heritage.

Michael and Beryl Temple , Sidmouth
Read more at http://www.exeterexpressandecho.co.uk/Reader-8217-s-Letter-Protest-votes-surprise/story-21153254-detail/story.html#GAk2u6uiSy9s3m7i.99

Coalescence between Exeter and East Devon continues apace

http://www.exeterexpressandecho.co.uk/Shock-detailed-plans-revealed-new-Pinhoe-homes/story-21147357-detail/story.html

Too close to the M5? Not a problem! (Just don’t open your windows or sit in the garden perhaps? Bet the “affordables” – if they ever happen – are closest!).

Coalescence between West Dorset and East Devon continues (see Uplyme link) but, oddly, no coalescence between the Blackdown Hills and South Somerset.

 

Election news from fellow-member of CoVoP

FRAGOFF (Formby Residents Action Group Opposition From Formby), a group from the new national organisation Community Voice on Planning (CoVoP)* of which EDA is an active member, has just sent this e-mail:

Hi All
Many thanks to all our supporters and helpers with our campaign, without whom we would not have been able to put a candidate forward, we won by over 500 votes and FRAG now has a Councillor inside. We have proved if the community stick together no matter what political beliefs they may have you can win and make changes.
Community Action and Not Party Politics has proved to be a winning combination for FRAG and the fact that we are non party political but represent the residents of the community.
Taking a seat from our labour run council who are voting all the housing through makes us feel even better.
If you want to know how we did it just ask us and we can let you know and guide you to a success at your next election. You can do it as well.
Kind regards
Maria

http://www.fragoff.co.uk

*http://covop.org/

N.B. The East Devon Alliance has not put forward candidates for election, but FRAGOFF’s example serves to show what can be done.

 

David Cameron’s election agent fights housing development – in David Cameron’s constituency!

You really could not make it up:

http://www.telegraph.co.uk/earth/greenpolitics/planning/10843648/Embarrassment-for-David-Cameron-as-his-own-election-agent-fights-new-homes-in-PMs-back-yard.html

What the general public thinks of the “housing crisis”

The BBC has a “Your Say” section on its website and it recently published an article about the housing crisis. Here are the comments which produced the three most popular comments:

We’ve got around 850,000 empty houses in this country. Unfortunately, many of them are in the ‘wrong place’ – in economically deprived areas rather than in the South East. The solution is to regenerate these areas and draw people to them, taking advantage of much cheaper housing in the process. But this would deflate the bubble the govt is anxious to create in the illusion of economic competence.

The problem is the phrase ‘shortage of housing’ always getting linked to lack of building activity. The problem is that over a million homes have been removed from the market by buy-to-let investors who with tax breaks have pushed up prices beyond the means of the people who would normally purchase such properties. That’s your problem

The public have been warning the “experts” for months that the housing market is oveheating despite Osbournes assurances that it wouldn`t. What`s needed is a lot more affordable housing. The “Help to buy” scheme also needs to be downgraded to morgages up to £200,000 and not the current £600,000. If you need help to buy a £600,000 house then you`re over-stretching yourself.

http://www.bbc.co.uk/news/business-27459663

The “duty to co-operate” – how abour some co-operation to take OUR overspill now?

The National Planning Policy Statement requires councils to alert other councils around them when it seems that they cannot build enough houses in their own district and to ask those councils to take some or all of their overspill.

Exeter, of course, now has not only Cranbrook to take its overspill in East Devon but also the thousands of extra houses agreed by EDDC’s Development
Management Committee in the EDDC area adjoining Pinhoe.

Now we have an application for (initially?) 300 houses at Uplyme to accommodate the “needs” of Lyme Regis (perhaps for more second homes?) on the A3052 at Uplyme in East Devon.

It might seem now, that having accommodated Lyme and Exeter we have run out of space for our own houses.

So, what about South Somerset which conveniently shares a Chief Executive with us and is also coincidentally in similar trouble with its Local Plan.

There are plenty of green fields between Axminster and Chard (particularly around Yarcombe in the Blackdown Hills near the border) and so convenient for commuting to Exeter, Taunton and beyond, especially if the A303 is widened.

Why hasn’t the Chief Executive been talking to himself?

Boles: do his left and right hands understand they are part of the same body?

The man who encourages councils to build everywhere now sats “don’t build everywhere”.

It’s a sure sign we are in an election period when we see ministers rowing back from unpleasant policies they know will lose them votes!

Stop unnecessarily threatening the green belt, Nick Boles tells councils
http://www.telegraph.co.uk/news/politics/10828669/Stop-unnecessarily-threatening-the-green-belt-Nick-Boles-tells-councils.html

EDA submission to parliamentary select committee on the NPPF, is now published

Please see following link and scroll down to East Devon Alliance to see our submission:

http://www.parliament.uk/business/committees/committees-a-z/commons-select/communities-and-local-government-committee/inquiries/parliament-2010/national-planning-policy-framework/?type=Written#pnlPublicationFilter

MP introduces bill to amend National Planning Policy Framework

This was a Private Members Bill introduced under the 10 minute rule. Normally, these bills do not get past first reading but this one has made it to second reading. It would need cross-party support to become law, which is very unlikely to happen. However, Greg Mulholland deserves praise for the attempt. This is what he said, with a link to the debate below it:

National Planning Policy Framework (Community Involvement)
Motion for leave to bring in a Bill (Standing Order No. 23)
1.35 pm

Greg Mulholland (Leeds North West) (LD): I beg to move,
That leave be given to bring a Bill to make further provision for the National Planning Policy Framework; and for connected purposes.

The planning community involvement Bill seeks to build on the initiatives in the Localism Act 2011 to give communities more of a say in planning decisions, and to amend the national planning policy framework. Despite having much to commend it and despite it being a much-needed simplification of planning law, that framework has still not got the balance right between the rights of developers and those of local communities. It is also not being properly implemented by some local authorities.

In a June 2011 guide to the Localism Bill, the then planning Minister stated that the purpose of the Government’s localism agenda—one I warmly welcomed —was
“to help people and their locally elected representatives achieve their own ambitions”.

Although I am delighted that the coalition Government have taken many steps in the right direction, including the assets of community value scheme, neighbourhood development plans and a number of measures, in reality many of our constituents—including those of Members from both coalition parties, and around the House—know that unwanted development is still being imposed on them, often with little chance to do anything about it.

Developers are still cherry-picking greenfield sites and building expensive multi-bedroom houses in areas that do not want and cannot support significant development. That is not what the country needs; we need more affordable homes in key areas and more social housing. Reform is needed to ensure that building happens where it is wanted and needed by communities and regions, and on brownfield sites first, not simply where developers will make money building homes that are out of the reach of the pockets of ordinary people.
These are sensible measures; they are not radical and this is not nimbyism. I do not propose to try to stop development everywhere, and I am certainly not trying to discourage the housing we need.

The measures in my Bill are supported by organisations such as the Campaign to Protect Rural England, which has suggested a number of measures, the Campaign for Real Ale, Civic Voice, and also by the Local Government Association and local councils. I hope that the Bill will start a debate about how we can reform the planning system to get it right as we approach the general election, which is now just a year away. In Leeds, many communities such as Cookridge, Bramhope, Pool-in-Wharfedale and Adel, are already facing huge increases in housing, including on green-belt land. That is at a time when many parts of the city and region are crying out for housing of the sort that we need, yet those sites are simply being land-banked and ignored.

There are also issues with housing targets. For example, Leeds city council is proposing to build 70,000 homes by 2028. That is the highest figure among all major UK
cities, despite it having the lowest population increase of any major city since the 2001 census. It does not make sense. A local campaign group, Wharfedale and Airedale Review Development, has pointed out that if figures are calculated on the 2011 census, the figure should be only 48,000, yet a higher target is being imposed on local people. That is the situation in Leeds, but it is reflected around the country.

We also have permitted development rights for assets and local facilities that clearly involve a fundamental change of use, and the loss of that community facility. That can apply to community centres, local shops, post offices and pubs. It is great news that the Government have now responded on betting shops. It was clearly an absurdity to allow betting shops to go through without planning permission, and it is also absurd—and I speak in this regard as the chairman of the all-party save the pub group—that pubs can become supermarkets, solicitors’ offices or payday loan shops without having to go through the planning process and without any opportunity for the community to have a say.

The Department for Communities and Local Government says that that problem is solved by the assets of community value scheme and article 4 directions, but it is not. The ACV initiative is being undermined by the inadequacy of the planning system, and in many areas the Localism Act 2011 is being ignored. For example, recently in my constituency an application was made to build houses and a supermarket on a playing field, in an area where local schools do not have their own playing fields. Despite a campaign by the local Hyde Park Olympic legacy group and a pending asset of community value application, the application went through. That is scandalous, and my Bill would address that.

Some 350 pubs have been listed as ACVs, but how many have actually been saved? The answer is only a few. In London, the Campaign for Real Ale has pointed to several pubs—the Castle in Battersea is a heap of rubble, the George IV in Brixton is a Tesco store, and the Chesham Arms is an office with an unauthorised flat. The initiative is being undermined.

My Bill would abolish the right of developers to appeal. There has been an inequity between communities and developers for too long. A report by Savills estate agents shows that 75% of all planning appeals for large housing developments are allowed after local councils have originally voted them down. My Bill proposes the simplest and cheapest solution, which is to abolish the right to override local authority decisions by appealing to a distant planning inspector. That would be good news for the Treasury, because we could abolish the Planning Inspectorate, saving £50 million a year.

I acknowledge that we need new homes, but paragraph 49 of the national planning policy framework should be amended to demand that developers must still meet local policy objectives, such as where a local authority seeks to prioritise development on brownfield sites before greenfield sites, and sweep away the nonsense of councils being unable to demonstrate a five-year land supply.

My Bill would also drop the requirement in the NPPF that local authorities should allocate an additional 20% buffer of deliverable housing sites. Developers can cause a 20% buffer to be required, rather than a 5% buffer, by under-delivering housing, so they are manipulating the system.

Debate:

http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm140430/debtext/140430-0001.htm