08 Oct 2019
In allowing an appeal against Milton Keynes Council’s refusal for 50 homes at Castlethorpe Road in the village of Hanslope, a planning inspector has concluded that the local authority did not provide the clear evidence necessary to support its housing land supply position in excess of five years just six months after it adopted its new local plan. The Council has since confirmed that as there is significant contradiction between this decision and other received recently, it will be seeking legal advice on the matter. The appeal decision can be found here: file:///C:/Users/emily.warner/Downloads/ED32_Appeal_A__APPY0435W183214365_Land_off_Castlethorpe_Road__Hanslope_MK19_7HQ.pdf
31 Jul 2019
With very little fanfare the Government have recently made a number of substantial changes to Planning Practice Guidance (PPG) with some of them expected to prove fairly fundamental when interpreting the intentions of the National Planning Policy Framework (NPPF) in particular. We consider the key changes to be as follows:
The updates include changes to 15 further sections of the PPG including a clearer set of rules for the ‘agent of change’ in instances where there will be noise impact, a clearer methodology on how Council’s should assess the availability of housing sites as part of the local plan process and guidance on how to identify needs for strategic uses such as logistics.
If you would like to discuss and of the changes to the PPG, highlighted above or otherwise, we would be pleased to assist.
24 May 2019
The legislation creates a new class, JA of the GPDO to allow proposals for the conversion of shops and other high street uses to B1 offices under the prior approval process. Class M already allows retail and sui generis uses to be converted to residential without the need for planning permission, but the new regulations would allow takeaways to also be converted to housing.
The regulations also makes permanent the existing temporary right to enlarge a dwellinghouse by up to 8 metres in the case of a detached dwellinghouse or by 6 metres in the case of any other dwellinghouse removing the time limiting date of 30th May 2019, as well as conditions which required development to be completed by that date.
http://www.legislation.gov.uk/uksi/2019/907/pdfs/uksi_20190907_en.pdf
19 Feb 2019
Following from last year’s Technical Consultation on Updates to National Planning Policy and Guidance, an updated NPPF was published on the 19th February 2019. This document replaces the first NPPF published in March 2012 and includes minor clarifications to the revised version published in July 2018. https://www.gov.uk/government/publications/national-planning-policy-framework--2
The changes to the Framework are minor in respect of wording – three in total – but follow through on the Technical Consultation’s intent to clarify, remove ambiguity and close some of the potential loopholes that existed in respect of the application of policy.
The amendments are as follows:
Section 5: Delivering a sufficient supply of homes
Footnote 37 has been amended. This relates to instances where, when calculating a Council’s 5-year supply, the strategic policies of the development plan are over 5 years old and the local need figure should be used. The footnote now includes the following line:
“Where local housing need is used as the basis for assessing whether a five-year supply of specific deliverable sites exists, it should be calculated using the standard method set out in national planning guidance.”
As a companion to this amendment the definition of ‘Local Housing Need’ has also been updated in the Glossary. It now reads:
“The number of homes identified as being needed through the application of the standard method set out in national planning guidance (or, in the context of preparing strategic policies only, this may be calculated using a justified alternative approach as provided for in paragraph 60 of this Framework).”
Combined, these changes are intended to end the debate around whether an additional means of calculating a Council’s annual requirement (i.e. a draft SHMA) can be used when undertaking their 5 year land supply assessments when their strategic policies are more than 5 years old. Quite simply, for 5 year land supply purposes the output of the standard methodology should be used.
Section 15: Conserving and enhancing the natural environment
Paragraph 177 has been amended in response to the People Against Wind judgement. It now makes clear that the presumption in favour of sustainable development is disapplied only where an appropriate assessment has concluded that there is no suitable mitigation strategy in place.
“The presumption in favour of sustainable development does not apply where the plan or project is likely to have a significant effect on a habitats site (either alone or in combination with other plans or projects), unless an appropriate assessment has concluded that there will be no adverse effect from the plan or project on the integrity of the habitats site.”
Definition of ‘Deliverable’
The definition has been ‘tidied up’ rather than amended or tightened. This is intended to end the speculation around the meaning of the word that arose largely on the back of the Woolpit decision (APP/W3520/W/18/3194926).
Specific clarification has been provided in respect of the way in which small sites and sites without detailed consent should be assessed to conclude on their deliverability.
It now reads as follows:
“Deliverable: To be considered deliverable, sites for housing should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years. In particular:
a) sites which do not involve major development and have planning permission, and all sites with detailed planning permission, should be considered deliverable until permission expires, unless there is clear evidence that homes will not be delivered within five years (for example because they are no longer viable, there is no longer a demand for the type of units or sites have long term phasing plans).
b) where a site has outline planning permission for major development, has been allocated in a development plan, has a grant of permission in principle, or is identified on a brownfield register, it should only be considered deliverable where there is clear evidence that housing completions will begin on site within five years.”
19 Feb 2019
The Government has also published its response to the October 2018 Technical Consultation on Updates to National Planning Policy and Guidance. This confirms that the Government considers the 2014-based projections provide the appropriate approach for establishing the demographic baseline for the standard method. It also confirms the changes to paragraph 177 and the definition of ‘deliverable’ now taken forward in the revised NPPF.
19 Feb 2019
Also, on the 19th February 2019, the Government published the long-awaited results of its Housing Delivery Test. The test, which assesses whether local planning authorities are delivering sufficient new homes for their area, compares the net homes delivered over three years to the homes that should have built over the same period (their housing requirement). It is presented as a percentage with 95% representing a ‘pass’.
Across England, the test concluded that 108 councils and planning authorities failed to meet the pass rate – about a third of the total - while 206 councils and five joint local plan areas delivered at least 95 per cent of their assessed need. https://www.gov.uk/government/publications/housing-delivery-test-2018-measurement
19 Feb 2019
Housing secretary James Brokenshire confirmed key changes to Permitted Development (PD) rights, that were first consulted on in Autumn 2018, as part of the Spring Statement including:
A PD right to allow commercial buildings to be demolished and replaced with homes is still being considered and the Government has also committed to reviewing all PD rights for residential conversions in response to concerns over the quality of housing created.
19 Feb 2019
In a recent appeal decision at Bures Hamlet in Braintree District (APP/Z1510/W/18/3207509) an Inspector has reviewed the Woolmer and Woolpit decisions providing further useful guidance in the assessment of 5 year housing land supply. He found that:
29 Nov 2018
The long awaited revised NPPF was published on 24th July 2018 alongside several supporting documents. The document retains a pro-growth stance, continuing to place its emphasis on the Government’s objective of significantly boosting housing supply in order to meet the target of building 300,000 new homes a year by the mid 2020s.
The revised document is now beginning to have an impact in practice with some policies having been tested through planning appeals. As a result we believe the following elements can offer enhanced opportunities for our clients:
Housing Delivery
Affordable Housing
Small and Medium Sites
Please contact our team to discuss further how the revised NPPF could assist you.
29 Nov 2018
The government is committed to simplifying and speeding up the planning system, to support the high street, make effective use of land and deliver more homes.
Building on existing planning reforms, the government is consulting on proposals that will allow greater change of use to support high streets to adapt and diversify, support extending existing buildings upwards to create additional homes, and speed up the delivery of new homes.
The consultation includes separate proposals in respect of:
