Important High Court decision on the residual impact of development

“The High Court recently rejected a challenge to refusal of planning permission for 650 homes in Cheltenham. The ruling is important on the issue of residual cumulative impacts of development, writes Ashley Bowes.

Mr Justice Holgate has refused Bovis Homes and Miller Homes permission to proceed to challenge the decision of the Secretary of State to withhold planning permission for 650 new homes in Cheltenham, finding the claim to be “unarguable”.

The challenge was of particular note for its analysis of paragraph 32 of the National Planning Policy Framework, which provides that development should be prevented if the “residual cumulative impacts of development are severe”.
The Inspector had concluded at IR,225 that:

“Whilst I can agree therefore that the development should not need to solve all existing unrelated transport problems, the existing or future “in any event” situation on the highway network, is not an unrelated problem which evaluation of the proposed development ignore. It is a related problem which is highly pertinent to the evaluation of the current appeal proposal”

He went on to have regard to the guidance in DfT Circular 02/2013, paragraph 9 which provides:

“Development proposals are likely to be acceptable if they can be accommodated within the existing capacity of a section (link or junction) of the strategic road network, or they do not increase demand for use of a section that is already operating at over-capacity levels, taking account of any travel plan, traffic management and/or capacity enhancement measures that may be agreed …”

Mr Justice Holgate was not persuaded that the Inspector and Secretary of State arguably erred in law by taking into account of the existing highway situation when resolving the paragraph 32 NPPF questions.

In particular, the Judge noted that it would be open to a decision taker to rationally conclude that a given development could wash its own face in highway impact terms, but due to existing over capacity, the residual cumulative impacts of the development could be severe.

Whilst the decision that the claim is not arguable does not create binding authority on the meaning of para.32 NPPF, it does provide an interesting insight into the breadth of discretion open to a decision taker when resolving whether the residential cumulative impacts of development are severe.

Ashley Bowes is a barrister at Cornerstone Barristers. He acted for the successful Interested Parties (Leckhampton with Warden Parish Council and Leckhampton Green Land Action Group Ltd, instructed by Richard Stein at Leigh Day) before the High Court, and on behalf of Leckhampton Green Land Action Group Ltd before the planning inquiry.”

Notes
Appeal decision letter reference: LAND AT KIDNAPPERS LANE, LECKHAMPTON, CHELTENHAM APP/B1605/W/14/3001717

Case reference: Bovis Homes Ltd & Miller Homes Ltd v SSCLG (CO/3029/2016) (2 September 2016).

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=28286%3Aresidual-cumulative-impacts-of-development&catid=63&Itemid=31

“Community Voice on Planning National Conference NIMBY – reality or slur?”

The Queen’s Hotel Leeds, Saturday October 15th 2016

Welcome and Introduction 10.45-10.55 Cheryl Tyler

Statement from Clive Betts, Chairman CLG committee 10.55-11.00 Cheryl Tyler, CoVoP

Saving the Green Belt 11.00-11.40 (speaker TBA)

The Best Laid Plans? Does the NPPF work? 11.40-12.10 Jenny Unsworth, CoVoP.

Housing targets- fact or fiction? 12.10- 12.45 Julie Mabberley, Chairman, CoVoP

LUNCH 12.45- 1.30 (included)

Communities and the House Builders
1.30- 2.10 Dr Quintin Bailey, Senior Lecturer in Housing and Planning, Leeds Beckett University

Providing sustainable affordable housing
2.10-2.50, Dr Hugh Ellis, Head of Policy, Town and Country Planning Association.

Plenary Session and “manifesto”.
Facilitator Geoff Rice. 2.50 – 3.45
Jason McCartney MP (Con), Greg Mulholland MP (Libdem) and Paula Sherriff MP
(Lab) will be present.

Closing remarks and close of meeting 3.50

Cost: £5
For details on how to book by 22 September 2016 contact:
cheryltyler.thebarn@btinternet.com
07866 496 469

AONB? It means nothing to developers

AONB – RIP NPPF – might as well rip it up.

And in David Cameron’s back yard.

Susie Bond’s blog:

“And now even the AONBs aren’t safe from grasping developers!

Appeal decision at Milton-under-Wychwood

An extraordinary decision following the planning appeal on land at Milton-under-Wychwood in West Oxfordshire has seen the Draconian planning rules turned completely on their head.

NPPF

Current planning policy, the National Planning Policy Framework (NPPF) identifies that, in the absence of a Local Plan, houses should be built in locations which are sustainable from an environmental, social and economic perspective.

Paragraph 115 of the NPPF clearly stipulates that AONBs should have the ‘highest level of protection’ from development:

115. Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty.

(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf)

West Oxfordshire’s Local Plan

The NPPF came into force in 2012 with councils given a year’s grace to March 2013 to get their Local Plans in place and identify that they had a 5-year supply of land for housing development. West Oxfordshire District Council seems to be woefully far behind in this process and, according to the planning decision, could only demonstrate a 2-year land supply. The figures, of course, did not take into consideration the number of houses in the pipeline.

The site is in David Cameron’s own constituency, at Milton-under-Wychwood in West Oxfordshire, where the appeal has allowed 62 houses in the very heart of the Cotswold Area of Outstanding Natural Beauty.

I gather that local residents are understandably livid and have major concerns that 100+ cars will exit the new development directly on to a single track road, through a village with impossible parking facilities. There are no places in the school, the surgery is full, and there is already another approved development for 40 houses in the village. The population of the village is under 1700 and the combined developments will swamp the village with over a hundred new houses. A massive development is currently being built in Chipping Norton, with another one going through the appeal process (and yet another in Burford and another in Charlbury).

Fears over surface water flooding

Worries about flooding from the site are very real, with concerns about houses downhill of the site at high risk of flooding. The planning inspector has recognised this and stipulated that flood mitigation measures must be put in place before a single house is occupied, and given our experience here in Feniton at Wainhomes’ Winchester Park site, I would strongly urge residents to keep a close eye on this one.

Campaigners in Milton-under-Wychwood now have to consider their position and there are very few options open to them. Judicial review is the only route left, but it requires money and a determination to carry on the fight.”

https://susiebond.wordpress.com/2016/08/12/and-now-even-the-aonbs-arent-safe-from-grasping-developers/

” The inanities of the National Planning Policy Framework “

Letters page Daily Telegraph 23 July 2016:

SIR –

It is the kind of self-interested view of the planning system given by Professor Adam that got us into this mess in the first place. Developers play the system to obtain permissions that they land-bank rather than build-out.

The inanities of the National Planning Policy Framework then allow them to use the lack of five-year housing supply to demand even more permissions, often in places that command higher prices than those that communities have identified for development.

Developers are businesses and they are interested in profit. It is time for a rather obtuse government to understand that this doesn’t deliver either mass housing or specific housing such as bungalows.

There is selective deafness on the part of the Government in respect of the failure of the National Planning Policy Framework. Maybe this is yet another example of why there was selective deafness on the part of the electorate to the wishes of the Government in relation to the referendum.

Jenny Unsworth
Congleton, Cheshire

Queen’s speech: planning changes

“The main elements of the Neighbourhood Planning and Infrastructure Bill are to be:

Neighbourhood Planning: the Bill will “further strengthen neighbourhood planning and give even more power to local people”; it will also strengthen neighbourhood planning by making the local government duty to support groups more transparent and by improving the process for reviewing and updating plans.

Planning Conditions: the Bill will ensure that pre-commencement planning conditions are only imposed by local planning authorities where they are absolutely necessary –

“excessive pre-commencement planning conditions can slow down or stop the construction of homes after they have been given planning permission”; the legislation will “tackle the overuse, and in some cases, misuse of certain planning conditions, and thereby ensure that development, including new housing, can get underway without unnecessary delay”.

Compulsory Purchase: the legislation will make the compulsory purchase order process “clearer, fairer and faster” for all those involved; there will be reform of the context within which compensation is negotiated; the Government’s proposals, on which it has already consulted, would consolidate and clarify more than 100 years of conflicting statute and case law; “we would establish a clear, new statutory framework for agreeing compensation, based on the fundamental principle that compensation should be based on the market value of the land in the absence of the scheme underlying the compulsory purchase”.

National Infrastructure Commission: the Bill will establish the independent National Infrastructure Commission on a statutory basis; the Commission is to provide the Government with expert, independent advice on infrastructure issues “by setting out a clear, strategic vision on the future infrastructure that is needed to ensure the UK economy is fit for 2050”; measures will “unlock economic potential across the UK and ensure that growth and opportunities are distributed across the country, boosting productivity and competitiveness through high-quality infrastructure”.

Land Registry: The new legislation will enable the privatisation of Land Registry, which will “support the delivery of a modern, digitally-based land registration service that will benefit the Land Registry’s customers, such as people buying or selling their home”; it could also return a capital receipt to the Exchequer to help reduce national debt.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26998%3Afurther-changes-to-planning-system-in-prospect-following-queens-speech&catid=59&Itemid=27

NPPF stops councils from building affordable housing

“National Planning Policy Framework hinders their ability to build social and affordable housing, research has suggested.

Just 11% of those surveyed for a report on housing need published by the Association for Public Service Excellence (APSE) and the Town and Country Planning Association (TCPA) considered that the test would provide the numbers of homes needed.

The survey of council leaders, chief executives, heads of planning, heads of housing and heads of finance saw 96% of councils describe their need for affordable housing as “severe” or “moderate”.

Only a handful (7%) thought that starter homes would help address affordable housing.

The report, Homes for all: Ensuring councils can deliver the homes we need, called on the Government to put in place a housing strategy that would provide decent homes for everyone in society.

It also recommended that councils should not be forced to sell-off their social housing to fund the extension of Right to Buy. Some nine out of ten councils were worried that the extension of Right to Buy would lead to less housing available for social rent, it said.

The report also highlights examples of innovation in local government, including effective new models of housing delivery.

TCPA chief executive Kate Henderson said: “With 96% of councils describing their need for affordable homes as severe or moderate, and 89% worried that the extension of Right to Buy will lead to less affordable homes, it is clear that there is a real crisis.

“Councils are concerned that government policy is not enabling them to deliver genuinely affordable housing – we need to have a housing strategy that provides affordable homes to all people.”

Paul O’Brien, Chief Executive of APSE, said: “Our main message is we need Government to put in place a housing strategy for the nation that provides decent homes for all. Whilst efforts have been concentrated on so-called affordable homes this is often not the case and these homes remain out of reach for the vast majority of people.
“The situation is even worse for those dependent on social and genuinely affordable housing for rent. Current housing policy is in need of demolition. The time has come to start afresh by putting local authorities and new council homes at the heart of a new housing strategy.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26982%3Anational-planning-policy-framework-hinders-building-of-affordable-housing-councils&catid=63&Itemid=31

Topsham: developers win appeal to build on green wedge

“Developers have won their appeal to build on the so-called Topsham Gap.

Now opponents are worried about a “domino effect” that could lead to more developments.

Hundreds of local people attended a planning inquiry to voice their opposition to plans for a 60-bed care home, plus more than 100 homes for over-55s.

Critics said the development would swallow up green belt land between the city and old port of Topsham.

The Planning Inspectorate has now decided that Exeter City Council was wrong to turn down the application by Waddeton Park Ltd.

The council has six weeks to make a further appeal to the High Court.

Earlier this year hundreds of protesters joined the battle over plans to build on green space separating Exeter and Topsham during a crucial public inquiry.

Banner-waving protesters made their feelings known at the start of the inquiry over proposals to develop land known as the Topsham Gap.

It followed Exeter City Council’s failure to determine Waddeton Park’s plans to build a 60-bed care home and more than 100 homes on fields next to Topsham Rugby Club.

The developer says it would provide “much-needed” housing for the area’s ageing population.

But campaign group, Save the Topsham Gap, claimed the town has its own identity and the “gap” is the last piece of land physically separating it from the city.

Organiser Lily Neal, 56, of The Topsham Bookshop, said:”It seems to come down to tough luck Topsham”

“The inspector has accepted all the developers’ arguments and are only hope was that he would accept the idea of more harm than benefit – but he hasn’t

“He says it would only cause modest harm.

“The council have six weeks to appeal but I have my doubts i it is expensive and its is the ratepayers of all of Exeter who would have to pay.

“I have to say I am worried about a possible domino effect – what’s next?”

Campaigners were anxious stop Topsham becoming just one more suburb of Exeter and retain its distinct, independent and unique identity.”

The proposals go against the council’s local plan, which designated the site a strategic “green wedge” not suitable for development.

Planning inspectorate Jonathan Bore had said he would determine the plans based on the need for additional housing in the city, and the effect on Exeter and the landscape.

http://www.exeterexpressandecho.co.uk/Topsham-Gap-homes-plan-wins-ahead/story-29193405-detail/story.html

“Tory local government leader asks Lords to block housing reforms”

“The Conservative leader in local government is urging peers to vote against the government on a number of key amendments to David Cameron’s housing bill amid fears it could force more people into homelessness.

In a letter to the Guardian, Cllr David Hodge – leader of the Tories at the Local Government Association (LGA) – warns that elements of the bill being debated in the Lords this week could have the “unintended consequence of increasing homelessness and pushing more families into the more expensive private rented sector”.

Hodge has teamed up with his Labour and Liberal Democrat counterparts to ask members of the House of Lords to try to block legislation that would force councils to sell their most expensive properties in order to fund the government’s Right to Buy policy.

“At a minimum, we urge peers to back amendments that allow councils to retain enough receipts from every home sold to be able to replace it in the same area,” they write.

They have also raised concerns about the government’s starter homes scheme, which means that one in five properties in new developments will be available to first-time buyers under 40 at a 20% discount.

Critics say that only middle or higher income earners could qualify for those homes, and yet developers will be able to classify them as “affordable”.

“Current proposals for starter homes carry a risk that a crucial supply of new affordable rented homes will be displaced, and despite 20% discounts they will still be out of reach for the majority of people in need of an affordable home,” write the local government leaders.

A number of the amendments have been laid down by LGA president and former head of the civil service, Lord Kerslake. “The amendments are trying to do three things,” he said. “To make it a fairer bill, so that it is not transferring resources from social housing for rent to ownership. To make it more localist. And to make it more workable. The numbers do not add up.”

The peer said he wasn’t against ownership but argued that for many people it was simply out of reach.

But the housing minister, Brandon Lewis, said the policies were intended to help people realise their ambition to own a home. He told the Guardian that 86% of people still aspired to homeownership.

“The hardest hit part of the housing market was first-time buyers and we are very clear that we want to increase supply but also ownership,” said Lewis, who argued that a 20% discount on an average property did make it much more affordable for ordinary people. He also argued that councils could still push for developments to include other forms of affordable homes on top of the government’s new scheme.

Those against the plans believe that starter homes are out of reach for the poorest. Campbell Robb, Shelter’s chief executive, said: “By building homes for people on middle to high incomes, the government is redistributing existing resources away from those on low incomes. This will have a massive impact on ordinary families being priced out of the dream of owning their own home, and millennials faced with expensive and unstable private renting, or living with their parents well into their 30s.”

http://gu.com/p/4t8g2

Expert Group recommends all Local Plans are signed off before devolution begins

Devolved Powers

Report to the Communities Secretary and to the Minister of Housing and Planning – Local Plans Expert Group

This is a 56 page report with a lot of detail on the problems of drawing up a Local Plan.

One paragraph makes an interesting point: how can a devolved area set extra housing targets if one or more of the subsidiary councils have not completed their Local Plans?

In many cases Inspectors add thousands of houses to suggested totals – which completely skews LEP extra numbers.

S21. From the outset of our appointment, LPEG has been interested in the potential for voluntary joint planning provided by the current round of bids for devolved powers, which cover a large majority of the country.

Devolution provides the best opportunity for bottom-up joint planning but bids tend to focus on economic growth rather than housing and we have strongly recommended to Government that it attatches precise conditions to any successful devolution bid, requiring a commitment to plan positively to meet objectively assessed housing needs and a commitment to produce a plan for the combined area.

We further recommend that individual authorities within a combined authority area should receive sign off from the combined authority that their emerging plan addresses the Duty to Cooperate before their plan can progress.”

Click to access Local-plans-report-to-governement.pdf

A dictionary of (planning) doublespeak

A Dictionary of Doublespeak

accountability:
failure to account to and utter contempt for the public

affordable:
not affordable, beyond the reach of lower-income local people; of property snapped up by rental companies and second-home buyers

A.O.N.B.:
an Area of Outstanding Natural Beauty and therefore a place where luxury homes or industrial parks may be built (e.g. Shakespeare Cliff, Sidfields)

appeal:
a planning law allowing developers to overturn Local Authority planning refusals, Councils usually lacking the will and means to contest

Council House(obs):
a misguided post-war attempt to provide housing for social need; property to be sold off to landlords and to buy votes

democracy:
rule by the fortunate few for the fortunate few

devolution”
a scheme designed to by-pass local democracy by transferring power to self- selecting, unelected, unaccountable people with business interests

five-year land-supply:
a planning device that encourages developers to build on more green fields when they haven’t yet built on what they’ve got

flood plain:
land suitable for large-scale building developments

F.O.I.request:
Freedom of Information request – a system designed to delay, deny and obfuscate the truth, usually treated with contempt by Council Officers

green belt:
highly profitable land near large conurbations earmarked for development

Local Authority:
a soft touch for developers

localism:
a means of transferring local democracy to business associates

Local Plan:
an unintelligible, complicated process involving creative accounting in the calculation of job and housing forecasts, designed to ruin the countryside and cause distress to local communities

Neighbourhood Plan:
a plan involving much time and effort expended by local communities but carrying little or no weight when challenged by developers

N.P.P.F.(obscene):
National Planning Policy Framework, a planning system designed by developers for developers

Ombudsman:
an arbitrator without teeth, an irrelevance or charade

one-nation:
serving the interests of the rich at the expense of the poor and disabled (as in “one-nation compassionate Conservatism”)

Right-to-Buy:
a government scheme offering lucrative investment opportunities for landlords and developers to acquire social housing at taxpayers’ expense

sustainable:
definitely not sustainable; without infrastructure or local services; of land profitable for developers, especially on green fields (obscene, as in a presumption in favour of sustainable development)

transparency:
secrecy and obfuscation e.g. failure to produce, or doctoring of, minutes, failure to consult the public, etc

and if this amuses you, “definitions of numpties” on twitter might appeal:

https://mobile.twitter.com/omandprem/status/688698563690385408/photo/1

Consultation – you’re having a laugh, surely?

Just one paragraph from the consultation document below in a section on “planning in principle”:

“2.35 Before an application for technical details consent is determined, we do not propose to require by secondary legislation that local planning authorities consult with the community and others before making a decision.

We would welcome views about giving local planning authorities the option to carry out further consultation with such interested persons as they consider appropriate. This would be based on their judgement and would be informed by the engagement that took place when permission in principle was granted.

While we think that it is important for appropriate further engagement to take place at the technical details consent stage, we consider that centrally mandating what should be done risks unnecessarily repeating engagement and takes away an important local flexibility. We do propose that it should be mandatory for applicants to notify landowners and agricultural tenants of the application (as is currently the case with a planning application).”

Click to access Planning_consultation.pdf

Shock, horror: planning problems hit the Home Counties!

It’s a pity that Christopher Booker can’t tell his NPPF from his SPPS and that it is only when planning problems hit the Home Counties that people suddenly take notice and get press coverage.

It’s a pity that David Cameron could not, 10 days ago, have taken time from traipsing round Europe to visit the pretty Thames-side Oxfordshire village of Sutton Courtenay, not many miles from his constituency. He would have seen the main street flooded with sewage – just one consequence of his wish to see hundreds of thousands of new homes built across southern England, many of them in villages like Sutton Courtenay with its 1,000 homes (and where George Orwell, rather appropriately it seems, is buried in the churchyard).

Under Mr Cameron’s policy, which gives a cash incentive to councils to build as many new homes as possible under their own “Local Plans”, the Vale of the White Horse district council wants to see an additional 20,000 going up in the next few years. Those proposed for Sutton Courtenay, some already built, could be as many as 1,835, thus trebling the village’s population almost overnight to more than 7,000 (one of six current schemes may alone add 800 houses).

One of many glaring problems all this poses to residents is that, while the council seems only too eager to hand out planning permission to big developers, the local planners seem far less concerned about the colossal strain this will place on the village’s “infrastructure”, of which the recent tide of filth overflowing from its creaking Victorian sewerage system was only an early warning sign.

The village has just three shops, a small primary school and its surrounding roads are already under strain from a growing weight of traffic, not least a narrow bridge over the Thames which at busy times can already create long tailbacks. But when the villagers ask what plans there are to provide new infrastructure to support this avalanche of development, one document they are directed to is the government’s Strategic Planning Policy Statement (SPPS), which in 2012 boasted it would slash thousands of pages of planning rules to little more than 50.

The SPPS opens ominously with a claim that “national and international bodies have set out broad principles of sustainable development”, beginning with UN “Resolution 42/187”. The word “sustainable” is repeated 107 times. There are 18 mentions of “climate change”. But although there are 46 references to “infrastructure” there seems remarkably little to suggest that, to ensure genuinely “sustainable” development, it might be an idea for the planners to pay rather more attention to the need for new roads, shops and even an adequate sewerage system.

When Orwell wrote of how, in his world of the future, “Peace” meant war and “Truth” meant lies, he did not foresee how “Sustainable” would likewise come to mean its very opposite. In Sutton Courtenay churchyard he must be smiling wryly in his grave.”

http://www.telegraph.co.uk/comment/12166686/What-would-George-Orwell-say-to-what-the-planners-are-doing-to-his-village.html

District council wins appeal at Planning court which overules Inspector’s decision

“A district council has won a Planning Court appeal after an inspector granted outline permission for a 103-dwelling development.

Wealden District Council had refused to grant Knight Developments permission for the site at Steel Cross, north of Crowborough in East Sussex.

However on 16 July 2015 a planning inspector upheld the company’s appeal.
The council then applied under section 288 of the Town and Country Planning Act 1990 for that decision to be quashed.

In Wealden District Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 247 (Admin) the council advanced three grounds in the Planning Court. These related to:

i) Nitrogen deposition (through the additional traffic generated). The Inspector had erred in law when concluding that the proposals would have no significant effect on the Ashdown Forest Special Area of Conservation (SAC), pursuant to section 61 of the Habitats Regulations, in particular:

a) in finding that contributions to SAMMS (Strategic Access Management and Monitoring Strategy) would mitigate any such effect; or

b) by failing to have regard to evidence that proposed contributions to heathland management could not effectively mitigate any such effect.

ii) NPPF 116 & alternative sites. The Inspector had erred in his consideration of National Planning Policy Framework (NPPF) 116 when concluding that there were no alternative sites to meet the need for the proposed development, by failing to take into account relevant evidence or acting unreasonably.

iii) Inadequate reasons. The Inspector’s reasons for his findings on grounds (i) and (ii) above had fallen below the required standard.

Both defendants – the Secretary of State for Communities and Local Government and Knight Developments – submitted that the inspector’s decision did not disclose any error of law.” …

For remainder of summary see:
http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26035:district-council-wins-planning-court-appeal-over-permission-for-103-dwelling-scheme&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

Hats off to EDDC!

Yes, Owl does occasionally compliment EDDC!

Today, it is for the well-reasoned and well-explained response to proposed changes to the National Planning Policy Framework here (pages 17-30):

Click to access 190116-combined-dmc-agenda-compressed.pdf

Its responses on so-called starter homes and the unrealities of them being affordable, land supply in the case of under delivery where developers drag their heels, and the use of brownfield sites which are not always the most appropriate sites to bring forward is well thought out.

If only EDDC practised what it preaches!

Housing Bill debate: started 8.50 pm ended 2 am

The government has been described as “not grown up” for going ahead with a debate over its housing bill that did not begin until 8.50pm and continued to 2am.

The debate on the report stage of the bill was pushed back to late on Tuesday after a series of urgent ministerial statements, by the prime minister and the home secretary, were announced in the Commons.

Labour tried to get the debate postponed until a later date, but MPs voted by 303 to 195 in favour of pushing on with a session to scrutinise the legislation on Tuesday evening.

The housing bill will offer discounts of up to £102,700 in London and £77,000 in the rest of England to people renting from housing associations who want to buy their homes. The policy would not apply in Scotland or Wales, where the right to buy is being abolished.

The policy would be partly funded by requiring councils to sell the top third of their most valuable council homes from their remaining stock. The government also quietly tabled an amendment to the housing and planning bill that sets a maximum of five-year terms for new secure tenancies.

Fiona Mactaggart, the Labour MP for Slough, told MPs: “I am very unhappy about the programme motion, merely because of the time we are starting to debate it: 10 minutes to 9pm.”

She said this meant that “really important clauses” would be considered after midnight. “There are a number of really important issues which, frankly, I think our constituents, who are concerned about housing and planning, would not expect to be decided after midnight,” she said.

That is not grown up; it is a return to the days when I first came to this house and voted against beating children at 4am. I vowed never to have such important votes at that time of the morning again.”

Brandon Lewis, the minister for housing and planning, said the arrangements for the debate had been “agreed through the usual channels to ensure proper and full scrutiny of the bill”.

“Given the comments made by some members about the time until which we may be here tonight, all colleagues have the ability to exercise self-restraint if they wish, and from a ministerial point of view, I will do that to ensure that backbenchers have a good opportunity to speak,” he said.

Roberta Blackman-Woods said:

Never in my experience of many bills in this house have I witnessed 65 pages of government new clauses and amendments being produced at the last minute for a bill that is 145 pages long,” she said. “That is simply appalling and means that there will be no proper scrutiny in this house of almost a third of the bill.

“We wish to register our strong view that that is no way for legislation to be made, and the government should do the honourable thing and reprogramme this debate.”

Planning Bill: the potential for corruption

” … Labour’s shadow planning minister Roberta Blackman-Woods said: “I cannot believe that the government are serious about this. I know that they tend to carry out pilots, but they must realise that the potential for this mechanism to generate a degree of corruption and totally inappropriate conflicts of interest is probably endless. These new clauses need to be subjected to a degree of scrutiny that will not be possible this evening.”

She said that ministers’ decision to table the amendment late in the bill’s passage through Parliament meant that it has “not been possible for the planning agencies that will be affected by the changes to have a say or to have any input into the process. That is quite frankly disgraceful, because these will be huge changes to the planning system”.

Communities and local government select committee chair Clive Betts said that the new clause is “effectively about the privatisation of the planning service. That is what it potentially amounts to after pilots have been brought in”.

He said: “Let me explore what that might mean. Does it mean that an individual or organisation will be free to shop around for whichever alternative provider they think can give them the best chance of getting a planning application accepted? Will they be able to look at the track record of providers around the country?”

Betts added: “My worry here is that someone parachuted in from outside, with no knowledge of an area but a track record of dealing with applications quickly, may not be as sensitive to the needs of a local community.

“If I was a local MP in an area with particular planning pressures and had concerns about getting those decisions right, I would start to be very worried about the scenario that is developing.”

http://www.planningresource.co.uk/article/1378327/mps-blast-plan-privatise-processing-applications

Daily Telegraph: “Developers can circumvent planning departments that take too long to clear approvals”

Sneaked in hurriedly just before Christmas, changes to planning rules means that developers will be able to go to private planning consultants of their choice rather than to local authority planning departments – a backdoor privatisation of the planning function.

Inevitably, private consultants will have worked closely with developers in the past.

This is potentially the biggest change to planning law for decades and is being introduced with no consultation and the minimum of debate.

It creates a loophole where, if a planning application is controversial, a local authority can deliberately drag its heels, see the application passed to a private consultant of the developer’s choosing and be approved. The local authority can then throw up its hands and say “Sorry, not our fault” when it patently is.

Current local authority planners will be seduced by initial high salaries offered by private consultants, leaving planning departments unable to function and with private consultants holding the balance of power.

Here is how today’s Daily Telegraph reports yesterday’s “debate” on something already agreed behind closed doors.

What a Christmas present for developers!

“Developers will be able to circumvent planning departments that take too long to process applications.

Housing minister Brandon Lewis told MPs the Government wants to pilot schemes which allow people to choose who processes their planning applications to speed up the process.

However, they were warned that allowing people to “shop around” by outsourcing planning applications risk undermining council planning departments.

He said this would “test the benefits of introducing competition” while local authorities will still make decisions on the applications.

But Labour’s Helen Hayes, a member of the Communities and Local Government Committee, warned the policy is “potentially very damaging” as it “weakens the accountability” of local authority planning services.

Speaking during report stage of the Housing and Planning Bill, Mr Lewis explained the new regulations would allow the communities secretary to decide who is able to offer their services to process planning applications.
He said: “Let me be very clear this evening with the House – this is about competition for the processing of applications, not the determination of applications.

“The democratic determination of planning applications by local planning authorities is a fundamental pillar of the planning system and will remain the case during any pilot schemes the secretary of state brings forward.
“Let me also be clear with the House that new clause 43 will require that any pilot schemes brought forward by the secretary of state will be for a limited period of time, specified in the regulations.”

Further proposals also outline how fees will be developed and allow the communities secretary to intervene if fees are judged “excessive”, MPs heard.

Mr Lewis said: “These new clauses will allow us to test in specific areas of the country and for a limited period of time the benefits of allowing planning applicants to choose who processes their applications.

“It’ll lead to a more efficient and effective planning system, better able to secure the development of homes and other facilities that our communities need and want.

“Introducing choice to the applicant enables them to shop around for services that best meet their needs and enable innovation in service provision, bringing new resources into the planning system and driving down costs while improving performance.”

But Ms Hayes, the MP for Dulwich and West Norwood, said: “New clause 43 introduces the outsourcing of planning applications. This clause is potentially very damaging.

“It weakens the accountability of local planning services and it removes with one hand the fees which the Government is enabling local authorities to raise with another.

“Fundamentally, it’s a solution to a symptom of the problem of the disproportionate effect of local government cuts on planning departments.
“This is a symptom which we alleviated by the proper resourcing, which a system of new planning fees will facilitate.

“So I urge the Government to rethink this proposal, which simply undermines local planning departments.”

http://www.telegraph.co.uk/news/earth/greenpolitics/planning/12084354/Developers-can-circumvent-planning-departments-that-take-too-long-to-clear-approvals.html

“A wholesale power grab: how the UK government is handing housing over to private developers”

“In any sane universe, something called the Housing and Planning Bill might safely be assumed to stimulate house building and improve planning. But the bill, which receives its third and final reading in the House of Commons today, does exactly the opposite of what it says on the tin. It will exacerbate the housing crisis and further enfeeble the planning system in ways we cannot yet comprehend.

The primary assault on social housing has been much discussed in these pages. The bill’s flagship measure – promoted at ownyourhome.gov.uk – will replace genuinely affordable homes with public subsidies for property investors. Rather than building homes for affordable rent, the legislation will force local authorities to build “Starter Homes” for first-time buyers. Capped at £450,000 in London and £250,000 in the rest of England, these homes will be unaffordable for people on average incomes in over half of the country, as Shelter has pointed out. Buyers will be free to sell their assets after five years at full market value, thereby minting a new generation of property speculators and removing any long-term benefit for future first-time buyers.

In addition to this, the bill will extend Right to Buy to housing associations, further depleting the number of homes for social rent. It will also compel local authorities to sell their highest value housing stock and pass the proceeds on to central government. Given that these high value areas are already subject to the greatest pressures on affordable housing, the effect will simply be to remove resources from the places that need it most. It will see British cities divided further into segregated enclaves for rich and poor.

The bill will bring an end to secure lifetime council tenancies, replacing them with two to five-year tenancies, and force those with a total household income of over £30,000 to pay market rents – hitting low-paid working families hardest.

In short, it is a raft of misguided measures that will only increase housing inequality. As campaign group Architects for Social Housing – demonstrating outside Parliament today – puts it, the bill is “an extremely subtle and duplicitous piece of legislation that in almost every aspect does something very different, if not the direct opposite, of what it is claiming to do.”

But the planning side of the bill has yet to receive the attention it deserves, in either the Commons or the national media. The proposed changes are shrouded in a haze of intentional ambiguity, but they threaten to eat away at the last shreds of the democratic process that safeguards how our communities are made, putting power instead in the hands of developers.

The most radical measure is the introduction of automatic planning permission in principle on sites allocated for development, without applications being subject to the usual rigours of the planning process. When the idea was mooted in October, ministers suggested it would initially be limited to proposals for housing on brownfield land but nothing in the legislation prevents it from being applied to any kind of development on any site.

“It is extremely dangerous,” says Hugh Ellis, policy director at the Town and Country Planning Association. “It could apply to all forms of development – for example, fracking could easily be given ‘permission in principle’ as part of a minerals plan. You can’t make a decision in principle about a site until you know the detail of its implications, from flood risk appraisal to the degree of affordable housing. Giving permission in principle would fundamentally undermine our ability to build resilient, mixed communities in the long term.”

Ellis fears that the bill marks the introduction of a “zonal” planning system, along US lines, whereby land is zoned for particular uses at a broad-brush scale and permission granted without the finer-grain negotiation of applications on a case-by-case basis, which has always defined the English postwar planning system.

“Zoning is one of the major contributors to the economic and social segregation of cities in America,” says Ellis. “If the government is going to make such a fundamental change to the planning system there needs to be an enormous amount of public debate and research. The future of British cities is at stake here, but there’s been no white paper and no public discussion at all.”

Lack of debate seems to characterise the entire bill, which saw several crucial amendments slipped in under the radar just before Christmas. In a change that opens the door for the privatisation of the planning system, communities secretary Greg Clark added a clause in December to allow the “processing of planning applications by alternative providers”. Rather than submitting a planning application to the local authority, it suggests that developers could assign a “designated person” to process the application for them instead.

Dr Bob Colenutt, planning expert at the University of Northampton, describes the move as “iniquitous”. “It will replace a public-sector ethos with a developer-led ethos,” he says. “The ‘designated persons’ are likely to be consultants who also work for the private sector, which introduces probable bias and reduces the public scrutiny trail. And it is very likely to reduce the right that the public has to make comments on planning applications.”
In the same way that developers’ financial viability assessments have been hidden from public view, it could mean that the entire planning process happens behind closed doors, with applications assessed by private consultants, paid for by the applicants.

“The question is, what problem is this really trying to solve?” asks Janet Askew, president of the Royal Town Planning Institute. “Local authority planning departments are critically underresourced, so if it’s a question of them being too slow then the government needs to increase their capacity, not strip it away further.”

Elsewhere in the bill, if local powers aren’t being handed out to the private sector, they’re being trampled by central government. Independent planning inspectors will be bypassed in a measure that lets the secretary of state intervene in the assessment of local plans. Another clause introduces a new power that will allow the government to produce plans for areas where it deems the local authority to be “failing or omitting” to do the work.

“It is all profoundly undemocratic,” says David Vickery, a recently retired senior planning inspector. “The bill represents a significant centralisation of powers by government to micro-manage planning, without thinking through the consequences. It reads like a panicked reaction to current low housebuilding rates, and the fact that the government doesn’t trust anyone other than itself to do the job. It proves that localism is dead.”

By further diluting the planning system in the name of “cutting red tape”, the government has picked the wrong target once again: the problem isn’t with planning, but with developers sitting on land. DCLG figures show that planning permission was granted for 261,000 homes in the year ending March 2015 (against the need for at least 240,000 homes per year), but only 125,110 homes were actually built. Put simply, 136,000 more homes were consented through the local planning system than were built by house builders. And, as a recent Guardian investigation revealed, the UK’s biggest developers have a land bank big enough for 600,000 new homes. It might be an idea to get them to use it. Instead, this bill represents a wholesale power grab, transferring both housing assets and planning powers from public to private hands in a drunken festival of deregulation.”

http://www.theguardian.com/artanddesign/architecture-design-blog/2016/jan/05/housing-and-planning-bill-power-grab-developers

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?