The wide ranging extensions to permitted development rights (pd rights) will have stimulated some housing delivery across the country by way of the conversion of existing buildings to residential. The latest consultation proposes more pd rights allowing conversion of light industrial, storage/distribution and uses like amusement arcades/nightclubs to residential. Debate remains about whether such measures will secure good quality homes and whether the prior approvals process is really that much easier than a standard planning application.
With the economy back on its feet and existing and proposed incentives, such as the Housing Zones Prospectus with accompanying bids to aid brownfield development, it should be a better time for housing building. Local Authorities having up-to-date Local Plans in place and a five year choice of housing land supply should also help, with affordable housing delivery secured as part of most schemes. That is provided of course that needs assessments are accurate and land supply is genuinely deliverable, expect more appeals on these issues.
This green and pleasant land
The consequences for Local Authorities of not having a five year land supply and up-to-date Local Plans, has been a free for all on greenfield developments. These circumstances arise frm the National Planning Policy Framework (NPPF) and its presumption in favour of sustainable development. In particular the impacts of paragraph 10, 14 and 49 of the NPPF are that “where policies are out of date, planning permission should be granted unless adverse impacts outweigh the benefits or other policies indicated otherwise when assessed against the NPPF”. Paragraph 49 suggests that even up-to-date policies on housing supply will be considered out of date if five year housing land supply cannot be shown. This has resulted in plenty of appeals and challenges considering diverse issues such as:
- Does a shortfall in housing land supply demonstrate very special circumstances justifying development in the Greenbelt? – Not necessarily but the scale of the shortfall might, depending on the degree of weight and significance afforded to it (Hunston Properties – Court of Appeal decision)
- Are applications premature where they are decided ahead of the completion of a neighbourhood plan? – Yes possibly. Recent appeal decisions suggest this is the direction of traffic (series of appeals from Hurstpierpoint (Mid Sussex) and Malmesbury (Wiltshire))
- Has the Localism Act created such a fundamental change that local views should override the Secretary of State’s view – No. The communities say rests on expeditious preparation of plans (local and neighbourhood) (Tewkesbury Admin Court decision)
Overall this is very pro-housing delivery but may also mean more competition for sites previously considered as rural exception sites delivering only affordable housing.
Viability arguments
Viability assessments are another tool that threatens the amount of affordable housing delivery particularly in areas with low land values or high redevelopment costs. Further, the ability to review affordable housing obligations in existing Section 106 agreements also raises the spectre of loss of affordable housing, although these provisions are currently due to be repealed on 30 April 2016.
The Government mooted the idea of removing affordable housing requirements on schemes of ten or less units in its controversial consultation issued in April 2014. The DCLG remains resolutely silent about the outcome of this consultation, at least at the time of going to print! Possibly this is in the “too difficult” category so close to an election, presumably a good thing for affordable housing delivery, for now!
