The current Government has very clearly stated its intention to boost the housing supply. As ever policy changes and “tweaks” can be expected and I summarise what changes we may expect in the near future.
Having been given Royal Assent on 12 May this is a wide ranging Act to make provision about housing, estate agents, rent charges, planning and compulsory purchase.
a) Starter Homes – the definition is found in section 2 of the Act. There will be a general duty on all planning authorities to promote the supply of starter homes (section 4). The Act specifically sets out that regulations may, by way of example, provide that an English planning authority may grant planning permission only if a person has entered into a planning obligation to provide a certain number of starter homes or to pay a sum to be used by the authority for providing starter homes.
b) Local Plans – giving the Secretary of State (‘SoS’) power to intervene in the production of Local Plans which may include a panel of relevant experts to determine and progress the production of Local Plans. It remains to be seen whether this provision is simply a threat or whether the SoS will actually invoke this power and take direct action.
c) Neighbourhood Planning – measures are proposed to speed-up and simplify the neighbourhood planning process including powers for the SoS to impose time limits for various parts of the process through further regulations.
d) Changes to Permitted Development (‘PD’) rights – setting out a prior approval process for building operation PD rights.
e) Processing of planning applications by alternative providers – a power to the SoS to make provision for a planning application that falls to be determined by a specified local planning authority in England to be processed, if the applicant so chooses, not by that authority but by a designated person/provider. Again, it remains to be seen whether this “stick” will be used or whether it is simply a threat to underperforming authorities.
f) Planning Permission in Principle (‘PiP’) – regulations will require a planning authority to keep a register of land for which PiP will be granted with details and planning obligations deferred. Once PiP is obtained an application for technical details consent is required before full planning permission is obtained. Prior to the grant of full permission conditions may be imposed and/or planning obligations required. It remains to be seen whether some will have a “stand alone” register or will include specific allocations in the Local Plan etc.
Following a recent period of consultation potential changes to the NPPF and planning policy have been mooted including:
a) Broadening the definition of “Affordable Housing” to include “Starter Homes” – in short enabling local authorities to secure Starter Homes through negotiations on affordable housing.
b) Increasing the density of residential development around commuter hubs – the challenge will be to ensure that development promotes additional transport capacity and not add further congestion.
c) Supporting new settlements – a degree of co-operation will be required to ensure that new settlements provide not just homes but employment and leisure/recreational/social opportunities as well.
d) Supporting housing on brownfield land and small (less than 10 unit) housing sites – essentially providing a presumption in favour of brownfield land. I query whether such a presumption can or should override the “golden thread” of sustainability in circumstances where the brownfield/small sites are poorly located (i.e. remote or their development will cause unacceptable traffic congestion).
e) Ensuring that housing is delivered on land allocated in plans – it is proposed that the NPPF will introduce a housing delivery test. If so, I expect this to, in some way, feed into the powers reserved to the SoS where a local authority is underperforming or has been designated.
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