News Type: Policy Update

On the day of the Oscars, it was revisions to planning policy that (momentarily) stole the headlines.  The Prime Minister launched a ‘major overhaul’ to the National Planning Policy Framework today aimed at delivering ‘the homes the country needs’.

The long-awaited revisions to the NPPF pull together policy proposals consulted on in the Housing White Paper as well as those promised in the Budget 2017, and whilst ‘major overhaul’ could perhaps be substituted for ‘helpful evolution’, there are nonetheless some useful policy revisions included in the document.

Firstplan will be poring over the all-important proposed wording of the revised document over the next few days and providing a detailed analysis in due course. In the meantime, some of the key revisions are highlighted below:

 

Housing

It comes as no surprise that many of the revisions revolve around housing provision and seek to deliver new homes as quickly as possible.   Amendments include:

·       Introduction of a standardised approach to calculating local housing need;

·       A requirement that a minimum of 10% of homes on major sites should be available for affordable home ownership, with certain exemptions;

·       Specific (and welcome) recognition that small sites can make an important contribution to meeting the housing requirement and a requirement that at least 20% of sites identified for housing in local plans are of half a hectare or less (although the Government remain open to views as to whether this is the most appropriate threshold);

·       Support for the development of small scale windfall sites with great weight being given to the benefits of using suitable sites within existing settlements for homes;

·       A requirement for authorities to consider imposing a planning condition to bring forward development within two years, except where a shorter timescale could hinder the viability or deliverability of a scheme.

 

With Green Belt land protections being strengthened, a whole new chapter is inserted into the new NPPF dedicated to ‘making effective use of land’.  As we have seen in the recent draft London Plan, the revisions seek to make more intensive use of land (with a continued focus on utilising brownfield land) and avoid building homes at low density.  Amendments include:

·       Encouraging the conversion of buildings on or above service yards, car parks, lock-ups and railway infrastructure as well as empty space above shops to provide additional homes;

·       Support for the use of airspace above existing residential and commercial premises for new homes.  In particular, upward extensions should be permitted where the development would ‘be consistent with the prevailing height and form of neighbouring properties and the overall street scene’ (although the usefulness of this policy may be hindered by the requirement that any extension needs to be ‘well-designed including comply with any local design policies and standards’);

·       Support for proposals to use retail and employment land for homes in areas of high housing demand (albeit with a somewhat broad caveat that this would not undermine key economic sectors or town centres, and would be compatible with other policies in the Framework);

·       A requirement for minimum density standards to be used in town and city centres and around transport hubs where there is a shortage of land for meeting housing needs.  The proposed wording confirms that these standards should seek a ‘significant uplift’ in the average density of residential development within these areas, unless this can be shown to be inappropriate;

·       A requirement for authorities to refuse applications which they consider fail to make efficient use of land.   Significantly, the proposed policies goes onto state that, in this context, when considering applications for housing, authorities should take a flexible approach in applying policies or guidance relating to daylight and sunlight, where they would otherwise inhibit making efficient use of a site.

 

Economy

Whilst housing takes centre stage, the role of the planning system in supporting economic development is not forgotten. The revisions make more explicit the importance of supporting business growth and improved productivity.  There is also recognition that sites to meet local business and community needs in rural areas may have to be found outside existing settlement, and in locations that are not well served by public transport.

 

Town Centres

The current town centres first approach remains intact with authorities required to look at least ten years ahead in allocating sites to meet the need for town centre uses and requiring town centre boundaries to be kept under review.  Potentially significant changes are made to the ‘sequential approach’ to planning applications, so that out of centre sites should be considered only if suitable town centre or edge of centre sites are unavailable or not expected to become available within a reasonable period (although the term ‘reasonable period’ is not defined).

 

This is not a full list of policy revisions but we hope it gives you a feel for the direction the NPPF is taking.  The new NPPF will be subject to consultation – co-ordinated by the RTPI – until 10 May 2018 and can be viewed here.  The final Framework will be published before the summer.

If you would like to discuss the new NPPF and its potential implications for developers, or would like Firstplan to prepare representations on your behalf, please do not hesitate to contact a member of our team.

If you can’t build out, build up. That’s the message from Housing Secretary Sajid Javid who has confirmed government backing ‘to create a new generation of town houses in cities like London and Manchester to ease pressure on valuable open spaces and help growing families’.

In an announcement made on 4 February 2018, Mr Javid confirmed that a policy will be introduced in the updated National Planning Policy Framework (NPPF) supporting  upward extensions in a bid to ‘encourage developers to be more innovative and look at opportunities to build upwards where possible when delivering the homes the country needs’.

A consultation undertaken as part of the Housing White Paper published last February confirmed support for a policy approach to the principle of building upwards.  The Government is therefore favouring the introduction of new policy in the draft NPPF,  due to be published at the end of March 2018, rather than allowing additional storeys via permitted development rights or Local Development Orders. Similar policy support for upward housing extensions is included in the draft London Plan.

The announcement confirmed that the policy would apply to existing blocks of flats and houses as well as shops and offices, and goes on to say that:

‘For example, an additional 2 levels could be added to a property – provided it was in keeping with the roofline of other buildings in the area.

It will ensure councils can protect valuable open space in inner city areas, maintain the character of residential areas, safeguard people’s privacy and stop unwanted garden grabbing. These developments must remain in keeping with the character of the local area, including the preservation of listed buildings and conservation areas’.

There is little detail at this stage as to the wording of the policy, which will ultimately determine its strength.  For instance, the term ‘in keeping with the roofline of other buildings in the area’ clearly leaves room for interpretation – does this apply to the roofline of adjoining buildings only, or can the roofline of properties further down a street be used as a precedent? We will update you on the draft NPPF once it is published.

The Mayor of London, Sadiq Khan, launched his new draft London Plan earlier this week with the aim of ‘tackling the housing-crisis head on’ and welcoming growth in this capital.

The Mayor has used his first draft London Plan to ‘get London building the affordable homes it needs by ripping up existing planning rules and calling on homebuilders to develop sites at higher housing densities to substantially increase capacity in the capital’.

The new Plan sets out the strategic development strategic for London and is certainly ambitious, with the Mayor setting a new London-wide target of 650,000 new homes by 2029 – more than double the current delivery rate.

The draft Plan reaffirms the Mayor’s commitment to the protection of London’s Green Belt and provides greater protection for industrial land.  So where will all these new houses go?

First, the Mayor is seeking to increase the density of new development. The existing density guidelines, which set density limits for residential development based on a site’s accessibility and it’s setting, are now removed (i.e. the rule ‘ripping up’ Mr Khan refers to).  Instead, the Plan advocates a design-led approach to optimising housing density.  Proposed residential development that does not demonstrably optimise the housing density of the site should be refused.

Second, there is a focus on increasing housing supply in outer London ‘where the suburban pattern of development has significant potential for appropriate intensification over time’.  In addition, new growth corridors are identified alongside new infrastructure to accommodate higher density housing and employment development, namely, Crossrail 2, Thames Estuary, Bakerloo line extension, Central London, Elizabeth Line East, Heathrow, Elizabeth Line West, Trams Triangle/London-Gatwick-Brighton mainline and HS2.  The provision of more housing as part of the development of town centres is also identified as of key importance.

Third, and perhaps most interestingly, there is a particular emphasis on the role that small sites (below 0.25 hectares) can play in delivering housing.  To this end, for the first time, boroughs are set specific targets for net housing completions on small sites.   The new Small Sites policy relates to developments between 1 and 25 homes and is intended to be representative of small housing developments across London – a deliberate distinction from ‘major developments’.  Boroughs are required to apply a presumption in favour of the following types of small housing development:

1) infill development on vacant or underused sites

2) proposals to increase the density of existing residential homes within PTAL 3-6 or within 800m of a Tube station, rail station or town centre boundary through:

a) residential conversions

b) residential extensions

c) the demolition and redevelopment of existing buildings

d) infill development within the curtilage of a house

3) the redevelopment or upward extension of flats and non-residential buildings to provide additional housing.

This presumption in favour means approving small housing developments which are in accordance with a design code where one is in place. Where there is no such design code, the presumption means approving small housing development unless it can be demonstrated that the development would give rise to an unacceptable level of harm to residential privacy, designated heritage assets, biodiversity or a safeguarded land use that outweighs the benefits of additional housing provision.

Of particular note is the inclusion of development ‘within the curtilage of a house’ in the policy, which effectively allows new housing to be built in back gardens – something which boroughs are able to resist under the existing London Plan.

Key to the delivery of new housing, both on small sites and through larger scale developments, is the use of brownfield registers. Boroughs are required to proactively use brownfield registers and permission in principle to increase planning certainty for those wishing to build new homes.

The provision of affordable housing remains central to the Mayor’s plan to increase the overall housing supply, and the new plan includes a 50 per cent affordable housing target. As part of this, the Mayor is adopting a threshold approach to viability for developments over 10 units (or which have a combined floor space greater than 1,000sqm).  The idea was first introduced in the Mayor’s Affordable Housing and Viability SPG and incentivizes developers to offer affordable housing that meet or exceed a threshold of 35 per cent affordable housing without public subsidy by allowing the planning application to follow a Fast Track Route.   Schemes that do not meet this threshold, or require public subsidy to do so, will be required to follow the current, and often protracted route, of submitting a detailed viability information which will be scrutinised and treated transparently.

Whilst Mr Khan’s housing ambitions are certainly at the forefront of the draft London Plan, there are a number of other new policies introduced.  For example, the Plan reaffirms the Mayor’s commitment to refuse any potential fracking applications, offers stronger protection for pubs and supports plans for new public houses in suitable locations and encourages boroughs to refuse planning applications for new fast food takeaways near schools.

As we digest the draft Plan further, we will post additional articles on our website on specific topics of interest.  In the meantime, the new draft London Plan is subject to public consultation from 4 December 2017 until 2 March 2018.  If you have any queries regarding the draft Plan or would like us to prepare representations on your behalf, please feel free to contact one of the Firstplan team.

The Mayor of London, Sadiq Khan, has published his draft London Housing Strategy for public consultation.  In line with national policy, the central priority of the draft strategy is ‘to build many more homes’ for Londoners in a bid to solve London’s housing crisis over the long term.

As expected, the Mayor remains committed to protecting London’s Green Belt and open spaces, meaning new homes will need to be provided within the city’s existing built up area. Whilst we are assured that developing large sites remains important, the Mayor identifies two other opportunities which stand out as means of meeting London’s housing need: housing as part of the regeneration of London’s town centres; and more development on small sites. Both opportunities have particular relevance in outer London.

With regard to town centres, nothing radically new is introduced, but the Mayor rightly seeks to take advantage of better transport links and regeneration opportunities by promoting appropriate development of new homes on brownfield land, in and around town centres.  Other proposals seek to address barriers that prevent more homes being delivered in town centres, such as lack of infrastructure and issues with land assembly.

There is a clear emphasis on the need to increase housing supply through higher densities and co-location of different uses, and it is specifically acknowledged that resulting densities ‘will often be higher than those in the surrounding area’.  Mr Khan intends to introduce a new approach to design-led density in the draft London Plan, expected in the Autumn.

More widely, the Mayor is interested in exploring new incentives that could encourage landowners to consider redeveloping sites which are currently used inefficiently.  Examples include surface car parks and single-storey low density retail centres and stores. Consolidation and intensification of industrial land to retain industrial floor space while opening up sites for residential development will be supported, as will the consolidation of commercial or retail land to support more homes.

Turning to small sites, the strategy recognises that smaller sites tend to be completed more quickly than larger ones, and, when located in parts of London with lower land values, can help to support the delivery of market homes at relatively affordable prices. In a welcome attempt to reverse the decline in the number of smaller sites coming forward for housing in recent years, the Mayor intends to set out policies in the forthcoming draft London Plan which ‘give a clear presumption in favour of appropriate residential development on small sites, including specific borough level targets for this type of development’.

As well as making more small sites available through the introduction of this new ‘presumption in favour’, the Mayor commits to working with councils and Government to set out clearer policies and streamlined planning processes for smaller sites and small builders, which focus on ensuring they are supported and ‘the costs and risks they face minimised’.  The all important detail is lacking on these proposals but we are promised it will be published as part of the forthcoming draft London Plan, and will include working with councils to promote the use of Permission in Principle on small sites.

Mr Khan also intends to amend the Mayoral Community Infrastructure Level (CIL) instalment policy so that small and medium sized builders can pay less upfront.  Councils will be encouraged to do the same where local CILs are in place.

In terms of affordable housing, the new minimum threshold approach set out in the recently adopted Affordable Housing and Viability SPG (August 2017) is to be carried forward.  The threshold works by providing a ‘Fast Track Route’ through the planning system for developers that provide at least 35 per cent affordable homes without public subsidy.  Schemes that do not meet the threshold are subject to a detailed viability analysis. Notably, there is no mention in the Mayor’s strategy of the small site (10 units or fewer) affordable housing exemption set out in national planning guidance which, to the frustration of many small developers, is being implemented inconsistently across London at present.

Public consultation on the draft London Housing Strategy runs until 7 December 2017.  

 

The Government has issued guidance to support local planning authorities in preparing and publishing Brownfield Land Registers (BLR). Updates made on 28 July 2017 to the National Planning Practice Guidance also provide further information about permission in principle – a new route to planning permission.

Local planning authorities are expected to compile a register of brownfield land that is suitable for residential development by 31 December 2017.   The new BLR will comprise two parts:

–  Part 1 will list previously developed land with an area of at least 0.25ha, (or land which is capable of supporting at least 5 dwellings) that is ‘suitable’ and ‘available’ for residential development, and where residential development is ‘achievable’.  Where sites meet the relevant criteria they must be included in Part 1 regardless of their planning status i.e. sites that already have an extant planning permission for development that has not been implemented can be included.

In making their assessment local planning authorities should have regard to:

(a) the development plan;

(b) national policies and advice;

(c) any guidance issued by the Secretary of State

–  Part 2 will comprise only those sites in Part 1 which the local planning authority has decided would be suitable for a grant of ‘permission in principle’ for residential development.

The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in principle for residential development, and the second (‘technical details consent’) stage is when the detailed development proposals are assessed.  The idea is that the scope of permission in principle is limited to location, land use and the amount of development. These ‘in principle’ matters are separated from the associated technical issues to give developers more certainty and reduce delays.

Local planning authorities are required to consider the suitability of all relevant sites on their brownfield land registers for a grant of permission in principle, taking into account relevant policies in the development plan and other material considerations. New sites can be entered in Part 2 at any time, providing the procedures for reviewing sites on the register have been followed.

BRLs certainly present an opportunity for landowners and developers to promote brownfield sites for housing via an alternative route.  Many authorities will be keen to publish their BLRs given the December deadline is fast approaching.  While putting a site forward for inclusion on Part 1 of a BRL will require the submission of some supporting information to secure reference to an appropriate scale of development, any submission is likely to be much less onerous than the often substantial amounts of information required as part of an outline planning application.  Inclusion of a site in Part 1 would also not prevent a planning application or local plan allocation being pursued at the same time, or at a later date.

If you would like to discuss a specific brownfield site or any of the above, please feel free to contact one of the Firstplan team.  The Government guidance on BLRs can be found here and the guidance on Permission in Principle can be found here.

Following the introduction of new Regulations earlier this month, the Government has now published guidance explaining how LPAs should prepare and manage their Brownfield Land Registers (BLR).

Local authorities are now expected to compile a Register of brownfield land that is suitable for residential development by 31 December 2017.

The new BLR will comprise two parts:

–  Part 1 will list previously developed land with an area of at least 0.25ha, (or land which is capable of supporting at least 5 dwellings) that is ‘suitable’ and ‘available’ for residential development, and where residential development is ‘achievable’. The Regulations define these terms – for example ‘achievable’ means that, in the opinion of the LPA, the development will take place within 15 years.

–  Part 2 will list land which the LPA has decided to allocate for residential development following prescribed publication and consultation procedures.

Entries in the BLR need to specify “the minimum and maximum net number of dwellings, given as a range, which in the authority’s opinion, the land is capable of supporting” and “where the development includes non-housing development, the scale of any such development and the use to which it is to be put“.

Permission in Principle (PiP) will automatically be granted for five years for development of land allocated in Part 2 of the BLR, subject to some exceptions.  Once PiP is granted, technical detailed consent will be needed to implement it and conditions may be attached.  The idea is that the principle of allowing a specified amount of housing on a site is established through the granting of PiP and that this is separated from the associated technical issues to give developers more certainty and reduce delays.

The benefit of PiP is that is aims to avoid developers having to expend significant time and cost prior to achieving certainty that a development will be able to go ahead. PiP aims to offer an alternative route for providing early certainty on the in-principle matters – use, location and amount of development.

So, for any landowners or developers considering pursuing a housing-led development on a previously developed site, now is certainly a good time to act.  Ensuring a brownfield site is included on Part 1 of the Council’s BLR before the end of the year is an effective step towards establishing the acceptability of the site for housing.  Whilst putting a site on Part 1 of a Register does not mean it will automatically be granted permission is principle, it does mean that it can then go onto be considered for entry onto Part 2 of the register.

The inclusion of a site on Part 1 of a BRL will require the submission of some supporting information to secure reference to an appropriate scale of development, but this is likely to be much more limited than the often substantial amounts of information required as part of an outline planning application. Putting a site forward for inclusion on Part 1 of a BRL would also not prevent a planning application or local plan allocation being pursued alongside, or at a later date.

The government intends to publish statutory guidance to explain their policy for BLRs in more detail by Summer 2017. In the meantime, many authorities will be keen to publish their BLR’s given the December deadline, and the 73 authorities who have already piloted the preparation of the Registers will have a good head start.

If you would like to discuss a specific brownfield site or any of the above, please feel free to contact one of the Firstplan team.  The Government guidance can be found here.

The Government has today (7 February 2016) unveiled its long awaited Housing White Paper.   The title ‘Fixing our broken housing market’ gives away the paper’s reoccurring theme.  The cause – for too long, we haven’t built enough homes; the fix – build more homes, faster.

Introducing the White Paper, Communities Secretary Sajid Javid said ‘we need radical, lasting reform that will get more homes built right now and for many years to come.  This White Paper explains how we will do just that’.

It all sounds fairly familiar so far. What is perhaps different, is that the planning process is now, by and large, seen to be working rather than the root cause of delay.  The White Paper recognises that the Government’s reforms to date ‘have led to a large increase in the number of homes being given planning permission’.  As such, there are no further attempts to radically overhaul the planning system, and, instead, the White Paper includes a series of tweaks to the system already in place.  These measures include:

–       Consulting on the principle of a new, standardised way of calculating housing demand, with each local authority required to produce a realistic plan and review it every five years.

–       Removing the policy expectation that each local planning authority should produce a single local plan.

–       Allowing councils to issue “completion notices” demanding that developers start building within two years rather than three.

–       Shortening the timescales for developers to implement a permission for housing development from the default period of three years to two years.

–       Proposed amendments to the National Planning Policy Framework (NPPF) to make it clear that plans and individual development proposals should make efficient use of land and avoid building homes at low density.

–       Proposed amendments to the NPPF to make clear that authorities should amend Green Belt boundaries only when they can demonstrate that they have examined fully all other reasonable options.

–       Amending the NPPF to indicate that great weight should be attached to the value of using suitable brownfield land within settlements for homes.

–       Amending the NPPF to introduce a clear policy expectation that housing sites deliver a minimum of 10% affordable home ownership units.

–       Allowing local authorities to increase nationally set planning fees by 20% from July 2017 if they commit to invest the additional fee income in their planning department.

–       Consulting on plans to introduce a fee for making a planning appeal as a means of deterring unnecessary appeals.

–       A review of the Nationally Described Space Standard and how it is used in planning.

Consultation on the proposed changes to planning policy and legislation runs until 2nd May 2017.   Many of the proposed changes involve amendments to the NPPF.  The Government intends to publish a revised Framework ‘later this year’, which will consolidate the outcome from the current consultation as well as previous consultations.

A copy of the Housing White Paper and supporting documents can be found here.

In its first announcement of 2017, the Government has confirmed its support for the first ever ‘garden villages’, which have the potential to deliver more than 48,000 homes across England.  Issued on 2 January, the press release clearly indicates that the provision of new housing will continue to be a prioroty for the Government in 2017.

The 14 new garden villages, described as ‘distinct new places with their own community facilities, rather than extensions to existing urban areas’, will accommodate between 1,500 and 10,000 homes each. The new projects will have access to a £6million fund over the next two financial years along with the provision of expertise, brokerage and the offer of new planning freedoms to support their delivery.

The locations for the new garden villages are:
· Long Marston in Stratford-on-Avon
· Oxfordshire Cotswold in West Oxfordshire
· Deenethorpe in East Northants
· Culm in Mid Devon
· Welborne near Fareham in Hampshire
· West Carclaze in Cornwall
· Dunton Hills near Brentwood, Essex
· Spitalgate Heath in South Kesteven, Lincolnshire
· Halsnead in Knowsley, Merseyside
· Longcross in Runnymede and Surrey Heath
· Bailrigg in Lancaster
· Infinity Garden Village in South Derbyshire and Derby City area
· St Cuthberts near Carlisle City, Cumbria
· North Cheshire in Cheshire East

The Government also announced its backing for three new ‘garden towns’ (more than 10,000 homes) in Aylesbury area, Taunton area and Harlow and Gilston area, which will have access to a further £1.4 million of funding.

You can keep up to date with all our planning news by following Firstplan on LinkedIn or Twitter.

Earlier this year, the Government reinstated rules exempting small sites from affordable housing obligations following the Court of Appeal decision in the case of West Berkshire District Council and Reading Borough Council v Secretary of State for Communities and Local Government.

The reintroduction of the exemption was welcome news for small scale developers, although questions were raised at the time over the weight which local authorities should attach to the restored guidance set out in national Planning Practice Guidance (PPG). Initially, most appeal decisions testing the policy ruled in favour of the exemption, which excludes housing developments of 10 units or 1,000 sqm or less from the need to provide, or contribute towards, affordable housing – with a lower threshold introduced in rural areas.  However, another Inspector has now ruled that local plan policy should take precedence over the reinstated rules.  This decision follows an appeal in South Cambridgeshire in September where the Inspector came to a similar conclusion.

The latest decision relates to the proposed change of use from a hot food takeaway to a dwelling in the London Borough of Islington. Despite only involving the provision of a single dwelling, the main issue was whether the appeal should make a financial contribution towards affordable housing provision elsewhere in the Borough, in accordance with the Council’s Core Strategy. The Inspector attached very significant weight to evidence that small sites make an important contribution to affordable housing delivery and concluded that the Government’s Written Ministerial Statement (2014) should not outweigh development plan policy on affordable housing in this particular instance. Accordingly, the appeal was dismissed.

The Government originally attempted to introduce the exemption as a means of relieving the ‘disproportionate burden of developer contributions on small scale developers’. This appeal decision further undermines the status of national policy guidance and leaves small scale developers in the uncertain position of not knowing the weight which will be afforded to local plan thresholds.

We will be keeping a close eye on appeal decisions over the coming months. If you have any queries about this decision or policies regarding the provision of affordable housing, please feel free to contact one of the Firstplan team.

Basement development has been a hot topic in London over recent years, particularly for inner London authorities where land cost and constraints on sideways and upwards development has meant that the option of ‘digging down’ is becoming increasingly popular.

Individual London authorities have adopted various approaches to managing the potential impacts of subterranean development on neighbouring properties and local amenity, which has led to much inconsistency between Councils.

The issue is now being looked at nationally and the Government today (4 November 2016) issued a ‘Call for Evidence’ on the impacts of basement development. Specifically, the consultation is seeking evidence on the number of basement developments being taken forward; how these developments are currently dealt with through the planning system; and whether any adverse impacts of such developments could be further mitigated through the planning process. Responses are welcome until 16 December 2016.

The principle of allowing smaller basement developments under permitted development (PD) rights is also set to be tested in a High Court case this month. At present, PD rights allow specific types of development to proceed without having to make a planning application. Some smaller, single-storey basement developments can fall within the specific limitations of PD rights and as such, an application for planning permission is not required. However, a High Court case has been brought by a Kentish Town resident who is challenging Camden Council’s decision to allow a neighbour to build a basement extension under PD rights. The outcome of this case is likely to set an important precedent for smaller basement developments in the future.

If you have any queries about basement developments or the government’s Call for Evidence, please feel free to contact one of the Firstplan team.