Armstrong Rigg Planning News

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29 Nov 2018

The National Planning Policy Framework (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

There is an increased emphasis on the delivery of housing with the introduction of the Housing Delivery Test (commencing November 2018) and a new definition of ‘Deliverable’ in the glossary. The latter now requires Councils to demonstrate through clear and robust evidence that housing development will begin on site within 5 years. As a result a number of Council’s housing land supply positions have been challenged with Inspectors finding in favour of appellants allowing residential development in the context of the presumption of sustainable development where previously it would have been resisted.

Affordable Housing

Councils are now encouraged to promote a new form of ‘entry-level exceptions site’ specifically providing homes suitable for first time buyers on unallocated sites adjacent to existing settlements. These sites are to be no more than one hectare in size or the development should not exceed 5% of the size of the existing settlement (does not apply in National Parks, the AONB or Green Belt). Unlike traditional rural exception sites however, there is no mention of the land being used for affordable housing in perpetuity meaning that theoretically there could be potential for a future change to market housing. Furthermore Councils are able to consider an ‘element of market housing’ in order to help facilitate landowners bringing sites forward for development. This therefore offers potential for small sites to come forward in the short term.
A subtle change to green belt policy now allows for residential development that contributes to local affordable housing on brownfield green belt sites, so long as it does not cause ‘substantial harm’ to green belt openness. This test has been established as a ‘high bar’ in a recent appeal decision. In essence, this provides a somewhat more flexible approach for the redevelopment of previously developed sites in the green belt than before as long as affordable housing is included and the harm to the green belt would not amount to being ‘substantial.

Small and Medium Sites

Councils must now ensure that at least 10% of the sites allocated for housing in their plans are of 0.5ha or less to help diversify opportunities for housebuilders. This therefore unlocks smaller and medium sites which may have previously lacked policy support and offers enhanced opportunities for land promotion through Local Plans.

Please contact our team to discuss further how the revised NPPF could assist you.

29 Nov 2018

Consultation description

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:

Part 1: new and amended permitted development rights and changes to use classes, including to support the regeneration of the high street and to extend existing buildings upwards to create new homes.
Part 2: the disposal of surplus local authority land - rationalising and updating the rules which govern disposal of public land at less than best value.
Part 3: a draft listed building consent order to support the work of the Canal & River Trust.
Part 4: draft guidance on the compulsory purchase powers of new town development corporations

Planning Permission granted by Secretary of State for Oaklands College

ARP delighted to announce that planning permission has been granted by the Secretary of State for 348 dwellings and the redevelopment of Oaklands College’s campus in the St Albans Green Belt.

In September 2013, ARP on behalf of Taylor Wimpey and alongside the College’s advisors, VRG Planning, prepared and submitted a full planning application for 348 new homes as enabling for the redevelopment of the College’s St Albans Campus to provide new and refurbished buildings. Notwithstanding extensive pre-application consultation with St Albans City and District Council (SACDC), statutory consultees and public engagement exercise, the application was refused by SACDC but following a Public Inquiry planning permission was granted by the Secretary of State in October 2017 who agreed with his Inspector, Philip Ware, that the much-needed improvements to the college and the special educational benefit offered by the proposals can only be delivered with the housing development. The Secretary of State recognised the important role Oaklands College plays as the main provider of further education in the District and the very poor quality of its existing buildings unsuited to the provision of the high standard of education it provides concluding that “Overall, there are persuasive material considerations which warrant a decision other than in accordance with the development plan” (SoS Para 40) and that “the considerations summarised above clearly outweigh the harm to the Green Belt and the limited harm to the character and appearance of the area, thereby justifying the proposal on the basis of very special circumstances” (SoS Para 39).

This long-awaited and much welcomed decision will enable the provision of a 21^st century college that will afford students the best possible opportunities to develop and excel in their chosen fields, together with a substantial amount of new housing in an area of acute need.

Revised NPPF to be published in draft in spring

NPPF timetable update

We are currently revising the NPPF in order to implement our planning reform package from the housing White Paper, the Planning for the right homes in the right places consultation and the announcements at Autumn Budget. We intend to publish a draft revised NPPF before Easter. We will consult on both new policies from the Budget, and the text of the Framework, to make sure the wording is clear, consistent and well-understood. Our ambition is to publish a final revised Framework in the summer.

Local Housing Need transitional arrangements

In our Planning for the right homes in the right places consultation in September we set out that the new standardised method should be used, unless the plan will be submitted for examination on or before 31 March 2018, or before the revised Framework is published (whichever is later). In light of the timetable set out above these transitional arrangements will apply to any plans submitted before the final revised Framework is published.

Community Infrastructure Levy Regulations

On the 24 January, Parliament considered regulations amending Regulation 128A of the Community Infrastructure Levy Regulations. Subject to final parliamentary approval, these regulations are expected to be formally made and come into force in February. During consideration, Dominic Raab, Minister for Housing and Planning, made clear that the amendment was intended to provide legal certainty in line with the Government