On 7 February 2017 the Government published its Housing White Paper – Fixing Our Broken Housing Market – which sets out its vision and programme for reforming the perceived long standing problems in the housing market and ensuring more homes are built in the right places. Here are seven key planning measures that you need to know about:
- Support for a standard method for calculating the ‘objectively assessed housing need’ and the fixing of councils’ housing land supply on a yearly basis by agreement: the Government has signalled its support to the recommendations in last spring’s Local Plans Expert Group’s report for: (a) standardised approach to assessing housing standards. Consultation will be carried out this year before changes to the NPPF. Councils who do not follow the standardised approach in producing their plans will be expected to explain and justify it to the planning inspectorate; and (b) councils to be able to agree and fix on an annual basis its five year housing land supply.
- Mandatory Starter Homes Requirement Dropped and New Minimum Fixed Affordable Housing: the Government has dropped plans to impose a legal duty on councils to ensure provision of at least 20% starter homes but instead proposes to impose a general duty to promote the supply of starter homes as part of a mixed package of affordable housing that can respond to the local needs and local markets. It is however intended that the NPPF be amended to provide a policy expectation of a minimum percentage of affordable housing. They are consulting through the White Paper on a 10% fixed minimum applicable to sites over 10 units.
- Review of CIL and s106 Planning Obligations: the Government is examining the recommendations in a review published alongside the White Paper recommending a hybrid system of low level tariff for all developments combined with section 106 planning obligations for larger developers (likely those over 10 units) together with a scrapping of the s106 pooling restrictions in reg 123 of CIL. This will be considered together with the s106 dispute resolution procedures included in the Planning and Housing Act 2016. The Government has stated that announcements will be made at the Autumn Budget 2017.
- Changes to Planning Fees: the Government will increase planning fees by 20% from July 2017 if councils commit to invest the additional fee income in their planning department. A further 20% increase may be provided for councils that deliver homes their community needs (subject to further consultation). The White Paper is also consulting on introducing fees for planning appeals.
- Rural Planning Review: the Government published alongside the White Paper its response to its Rural Planning Review Call for Evidence. They now seek further consultation on (a) new agricultural to residential use permitted development rights with the proposal for conversion of up to 750sqm for a maximum of 5 new dwellings each with a floor space of no more than 150 sqm; (b) amending Class Q permitted development to 465sqm; and (c) extending the Part 6 Class A permitted development rights.
- Support for Build to Affordable Rent: the Government proposes to amend the NPPF to make it easier for developers of purpose built developments for rent to offer affordable private rented homes instead of public affordable housing.
- Enhance Green Belt Protection: the Government is committed to protecting the green belt and, as part of the White Paper is consulting on enhancement measures. These include: councils should only amend green belt when they can demonstrate they have examined fully all other reasonable options; and where land is removed from green belt local plans should require the impact to be off set.
If you have concerns or questions on the White Paper then Buckles Solicitors will be able to assist and assess your requirements. If you are interested in discussing further please contact Brendon Lee.
