Category Archives: Development


Legal Beagle November Edition


Welcome to the Urbanissta Legal Beagle’s case work reviews – we’re tracking the decisions on proposed developments to see what precedents have been set in recent judgements and decisions that might be useful to you, day to day.

We provide a summary of recent decisions for your reference below and via the links, or you can download the full decision letters should you wish. We’ll be giving you an updated every other month so remember to keep any eye out for our updates.

Our guest barrister, Giles Atkinson of 6 Pump Court provides a commentary on a recent decision; Catesby Estates Ltd v Peter Steer.

Here are 10 recent planning appeals, giving you insights into the latest precedents:

1. Reasons for Planning Approvals

Appeal Ref: C1/2017/1840 and C1/2017/1934
Appeal Decision Date: 18th July 2018
Appellant: Catesby Estates Ltd
Council: Amber Valley District Council

The recent decision of the Court of Appeal in Catesby Estates[1] is an interesting and important one about how to determine the extent of the ‘setting’ of a heritage asset.

‘Setting’ is defined in the glossary to the NPPF, July 2018, although the definition is unchanged from the 2012 version:

Setting of a heritage asset:  The surroundings in which a heritage asset is experienced.  Its extent is not fixed and may change as the asset and its surroundings evolve.  Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral.

The development at the heart of the case is a proposed 400 homes in Allestree, Derbyshire.  The application was refused by the LPA (Amber Valley) essentially because of harm to the setting of the nearby Grade 1 listed Kedlestone Hall.  The land on which the housing was proposed had formerly formed part of the estate for the Hall.  Catesby appealed successfully to the Secretary of State, the Inspector deciding that the development was not within the setting of the Hall because there was no visual connection between the development site and the Hall, but the Inspector’s decision granting outline permission for the development was quashed in the High Court following a section 288 challenge.

The Inspector was found by the High Court to have wrongly assessed the impact of the proposal on the setting of Kedlestone Hall as being determined by the absence of physical or visual connection between the Hall and the land on which the housing was proposed to be built, notwithstanding the historic, social and economic connections between them.  The Inspector had found that without a physical or visual connection the appeal site was not within the setting of the Hall; in the Inspector’s judgment it was necessary for there to be a physical or visual connection for the development site to come within the setting of the Hall.

Lang J concluded that the Inspector’s interpretation of setting, requiring there to be a physical or visual connection between heritage asset and development, was too narrow.

The reason why this decision raised so many eyebrows was that it appeared to be at odds with a CA decision in Williams[2] made a few weeks before Lang J’s judgment in which Lindblom LJ (like the Inspector at Kedleston Hall) appeared to rely on the need for there to be a distinct visual relationship between heritage asset and development for the latter to affect the setting of the former.

Catesby appealed to the Court of Appeal against the judgment of Lang J and the case came before LJs McFarlane, Asplin and Lindblom who, not surprisingly, gave the leading judgment with which the others agreed.

Essentially it was argued in the CA on behalf of Catesby and the Secretary of State that the Inspector had not disregarded the other non-visual and physical considerations necessary to consider when identifying the extent of the setting of the Hall.  On behalf of Mr Steer and Heritage England, it was said, on the contrary, that the Inspector had indeed taken too narrow a view, focusing on views and visual impacts alone and that a visual connection is not necessary in every case.

In his judgment, Lindblom LJ reminded us first that ‘setting’ is not statutorily defined and does not lend itself to precise definition but it is implicit in section 66 of the Listed Buildings Act[3] that the setting of a listed building is capable of being affected in some discernible way by development, whether within the setting or outside.

Importantly, and in accordance with much of what the CA has been saying recently, he went on to make clear that the identification of the extent of the setting of a heritage asset is always a matter of fact and planning judgment for the decision maker, not the court.

Addressing the apparent conflict with his own decision in Williams Lindblom J followed what he had said in that case to the effect that for a proposed development to affect the setting of a listed building there must be a distinct visual relationship between the two which is more than remote or ephemeral and which bears on one’s experience of the asset in its surroundings.  However, that does not mean that when considering the extent of an asset’s setting the decision maker should ignore the factors other than the visual or physical, such as the economic, social and historical.

Noting that the CA in another case had acknowledged that smell could harm the setting of a listed building, Lindblom drew together three general points.

First, that it is important that the decision maker understand what the setting of a listed building is, otherwise it would be difficult for an assessment to be made of how development affects it.  Second, although this is never a purely subjective exercise there is not, and nor could there be, a single approach which would apply to every case; this must always be a matter of applying planning judgment to the particular facts of a case with relevant policy, guidance and advice in mind.  Third, the effect of a particular development on the setting of a listed building is a matter for the decision maker.

In light of these points Lindblom agreed with the submissions made on behalf of Catesby and the SoS that the Inspector had not taken too narrow a view of setting, and had not concentrated on the visual and physical effect of the development, to the exclusion of all else.  The Inspector, as a matter of planning judgment, was not saying that land could only fall within the setting of the Hall if there was a physical or visual connection, he was saying the extent of the setting in this case could not be determined by the historical, social and economic connections.

The appeal was therefore allowed and the decision of the High Court overturned.

That may not be the end of the matter however.  At the time of writing Mr Steer has applied to the Supreme Court for permission to appeal against Lindblom LJ’s decision, that permission having been refused by the CA itself[4].  The appeal is essentially on the basis that there is confusion still about the correct approach because of the Willia

Download Decision Here.

[1] In fact 2 appeals joined: Catesby Estates Ltd v Peter Steer, Historic England and SoS for CLG v Peter Steer, Historic England [2018] EWCA Civ 1697

[2] R (oao Williams) v Powys CC [2017] EWCA Civ 427

[3] In considering whether to grant planning permission…for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

[4] On the 22nd August 2018


2. Benefits of the proposal are insufficient to outweigh the impact on Landscape and Setting of Listed Building.

Appeal ref: APP/X1545/W/17/3185429
Appeal Decision Date: 29 August 2018
Appellant: Endurance Estates Strategic Land Ltd
Council: Maldon District Council

The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The applicant appealed against the refusal of for planning permission for an outline application for the construction of up to 45 dwellings with associated garaging, parking, public open space, landscaping, access, highways drainage and infrastructure works.

An appeal was made by Endurance Estates Strategic Land Ltd against the decision to refuse planning permission for 45 dwellings and associated works by Maldon District Council

 In dismissing the appeal the Inspector gave consideration to the following main issues.

  • Whether the Council demonstrates a suitable supply of housing land;
  • The effects of the proposal on the landscape/visual character of the area; and
  • The effects of the proposal on the setting of the nearby listed building.

 Land Supply
The Inspector decided that the Council can be considered to have a five year supply of housing sites, with an appropriate buffer, for the purposes of this appeal.

Landscape/Visual Character
The Inspector acknowledged that the land is not covered by any specific landscape designation. However its value is derived from the fact that it would form the immediate rural setting at the edge of the Garden Suburb; its intrinsic value is its openness.  As such, the proposed development would undermine the Policy S4 which places emphasis on the protection of open space.

Setting of the Listed Building
Taking account of the low level of contribution to the significance of the historic asset that the appeal site makes, The Inspector considered that it would result in ‘less than substantial harm’ to its significance, as set out in paragraph 196 of the NPPF.  Within this level of harm the Council suggested that it should be seen as ‘moderate’ and the appellant suggests that it would be ‘minor’. The Inspector decided that minor harm that would arise.

The proposal put forward a number of benefits which is considered to carry significant weight. However, the due to the harm identified in respect of landscape and visual character and the impact on the setting of the listed building, the benefits of the proposal are insufficient to outweigh this conflict and the harm arising.

In light of the above, the Inspector refused planning permission.

Download Decision Here.

3. Proposal for 2,600 units refused permission by SoS due to the less than substantial harm to the significance of a Scheduled Ancient Monument.

Appeal Ref: APP/U3935/W/16/3154437
Appeal Decision Date: 13 June 2018
Appellant: Ainscough Strategic Land Ltd
Council: Swindon Borough Council

The appeal was recommended dismissal by the Inspector. On 19th August 2016 , the appeal was recovered for the Secretary of State’s determination. The applicant appealed against the refusal of for planning permission for an outline application (with all matters reserved save the detailed access off Wanborough Road) for demolition and/or conversion of the existing buildings on the site and redevelopment to provide:

  • “Up to 2,600 residential units (Use Class C3); – Up to 1,765 sq m of community/retail uses (Use Classes D1/D2/A1/A2/A3/A4)
  • Up to 3,000 sq m of business/employment use (Use Class B1);
  • A Primary School (2.2 ha); – Open space, strategic landscaping and other green infrastructure (including SUDs and areas for nature conservation);
  • Other associated road and drainage infrastructure;
  • Indicative primary access road corridors to the A420; and
  • Improvements and widening of existing route off Wanborough Road to provide pedestrian, cycle and bus access. In accordance with application ref: S/OUT/15/0753/KICO dated 30 April 2015 (“the masterplan scheme”)”

An appeal was made by Ainscough Strategic Land Ltd against the decision to refuse planning permission for 2,600 dwellings and associated works by Swindon Borough Council.

In dismissing the appeal the SoS gave consideration to the following main issues.

Open space;
Transport; and
Sustainable Development

The SoS has carefully analysed the impact on the Schedule Ancient Monument and agreed with the Inspector that to achieve development of the Masterplan Site inevitably, this would involve the permanent loss of much of the remaining rural setting to the SM. The identified harm to the SM has considerable importance and weight. He further agrees that in the terms of the Framework, the proposal would lead to less than substantial harm to the significance of the SM and, as required by paragraph 134, this harm should be weighed against the public benefits of the proposal. The proposal puts forward significant public benefits such as affordable housing, employment and biodiversity gains, however the less than substantial harm to the significance of the SM is not outweighed by the public benefits of the proposal.

Open Space
The SoS agreed with the Inspector that “the proposals do not demonstrate the quantity and quality of open space sought by the open space standards would be achievable within the proposed parameters and environmental constraints of the site. He further agrees that the GI parameter plans are not of a standard to be approved. He further agrees that to leave all matters to be resolved through planning condition(s) and/or a planning obligation would not be reasonable taking into account the inadequacy of the GI parameter plans. As such the masterplan proposals fail to comply with Policy EN3”.

The scheme proposed the removal of protected trees on the western side of the internal road in order to widen the access route to serve the development Site. The SoS considered that the scheme is not in accordance with a requirement of Policy EN1 criterion (a).

The SoS agreed with the Inspector in that the proposals would not achieve good connectivity within the development and to the surrounding area and not provide highway infrastructure in accordance with an acceptable strategy. He further agrees that the proposal conflicts with Policies TR1(a), DE1 and NC3(b).

Sustainable development
The SoS agreed with the Inspector that the development of the site is in accordance with the sustainable development strategy of Policy SD2 and would secure a better balance between housing demand and supply. However, the proposals do not meet a range of principles in Policy SD1 to ensure the creation of a high quality and sustainable community. As such, for the reasons given above, the Secretary of State concludes that the scheme is not sustainable development and is not supported by Policy SD3”

It was considered that the proposal conflicts with a number of policies, namely, Policies NC3, EN10, CM1, EN1, TR1, DE1, EN3, EN4, EN6, EN11, SD1 and SD3 of the development plan, and is not in accordance with the development plan overall.

The proposal puts forward a number of benefits including affordable housing, as such this carries significant weight in favour of the proposal. However, the proposal would lead to less than substantial harm to the significance of the SM. He considers that the proposal would not conserve the setting to Lotmead Farmhouse and would adversely affect the significance of this non-designated heritage asset.  Having regard to s66(1) of the LBCA he affords these harms substantial weight.

In light of the above, the SOS refused planning permission.

Download Decision Here

4.SoS disagrees with Inspector and rejects proposal for 120 dwellings due to conflict with Neighbourhood Plan

Appeal Ref: APP/Q3115/W/17/3180400
Appeal Decision Date: 20 July 2018
Appellant: R J & S STYLES
Council: South Oxfordshire District Council

The appeal was recommended approval by the Inspector. On 26th February 2018 , the appeal was recovered for the Secretary of State’s determination. The applicant appealed against the refusal of for planning permission for up to 120 dwellings (40% affordable) with associated access, public open space, landscaping and play space, in accordance with application ref: P16/S3441/O, dated 14 October 2016.

An appeal was made by RJ & S Styles against the decision to refuse planning permission for 120 dwellings and associated works by Oxford District Council

In dismissing the appeal the Inspector gave consideration to the following main issues.

  • Housing land supply;
  • Whether tilted balance applies;
  • Location of housing;
  • Effects on character and appearance;
  • Integration with Benson village
  • Loss of agricultural land

Housing Land Supply
The Council and the Appellant agreed in their Statement of Common Ground that the Council had 4.1 years of deliverable housing, based on the Council’s published assessment dated May 2017. In April 2018 the Council published a revised housing land supply figure of 5.4 years, this figure was disputed by the Appellant and it was argued that there would only be a 4.8 year housing supply based on a recent appeal decision. The SoS accepted the appellants argument and decided the calculation should be based on 2017 and 2018 midpoint figure. As such, it was decided that the Council can demonstrate a 5 year land supply.

Whether tilted balance applies
As the Council could demonstrate a 5-year land supply, it was considered by the the Secretary of State that the relevant policies in the development plan were not silent or absent or out of date on the matter of housing allocations in respect of Benson. A such, the tilted balance did not apply.

Location of housing
The SoS agreed with the Inspector in that the proposals would not protect the countryside. Policy NP1 seeks to resists development where a site is not allocated and outside a built-up area. It was further agreed that SOCS policies CSS1, CSH1 and CSR1 do not rule out allocations being made on sites outside existing villages, nor does it allow development on an ad hoc basis. It was decided that the appeal proposal would not accord with the development plan, considered as a whole. The conflict with Policy NP1 was given significant weight.

 Effects on character and appearance
With regards to the character and appearance of the village, the SoS agreed with the inspector that the proposed development would not cause any significant harm to the character or appearance of the landscape, or to the village setting.

Integration with Benson village
The SoS agreed with the Inspector in that the proposed development would be a natural extension of the village and would be accessible for pedestrians, cyclist and motor vehicles. It was decided that there would be no conflict with any relevant policies, including SOLP Policy T1 or BNhP Policies NP10 and NP11.

Loss of agricultural land
The development proposals do not conflict with the advice in NPPF paragraphs 109 and 112 relating to the protection of agricultural land and soils, or with any other national or local policies.

It was considered that the proposal carries many benefits, particularly the provision of additional housing, including affordable housing, which carries significant weight in favour of the development. Moderate weight was given to the benefits to the local economy that would come from the proposal and limited weight was given to the provision of on-site open space and play areas, and the enhancement to the public transport facilities. The proposal however conflicts with Policies G2, G4 and NP1 of the development plan, and is not in accordance with the development plan overall.

As such, when taking into account the advice in paragraph 198 of the Framework that where a planning application conflicts with a neighbourhood plan that has been brought into force, planning permission should not normally be granted, the SoS gave very significant weight to the conflict with the BNhP.

In light of the above, the SOS refused planning permission.

Download Decision Here.

5. Housing figures in Emerging Local Plan (Regulation 22) given limited weight

Appeal Ref: APP/P0240/W/16/3164961 Appeal Decision Date: 16 August 2018
Appellant: Gladman Developments Limited
Council: Central Bedfordshire

Land between 103 and 27 Langford Road, Henlow, Bedfordshire SG16 6AF
The appeal was mad under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The Inspector dismissed the appeal on 16 August 2018.

An appeal was made by Gladman Developments against the decision to refuse 135 residential dwellings (including up to 35% affordable housing), introduction of structural planting and landscaping, informal public open space and children’s play area, surface water flood mitigation and attenuation, vehicular access points from Langford Road and associated ancillary works.

Preliminary Matters
When refusing permission, the Council originally put forward two reasons for refusal.  One of these reasons related to the absence of a legal agreement which  was later supplied prior to the Inquiry as such, the second refusal had been overcome.  The remaining issue relates to the effect of the proposed development on the character and appearance of the area.

In dismissing the Appeal the Inspector gave consideration to the following main issue:

  • The effect of the proposed development on the character and appearance of the area

The Site lies within the Bedfordshire and Cambridge Claylands National Character Area (CCNCA).  The local character the site falls within Landscape Character Type 4C, the Upper Ivel Clay Valley. The characteristics are mixed land use predominately of arable farmland and large and medium scale geometric arable fields bounded by hedgerows. The submitted LVIA concludes that the impact would be negligible which the inspector agreed with. The proposed development would replace an open arable field with built development as such, would be completely different nature to that which currently exists this was considered a major effect.

The Inspector analysed each view point and stated that views of the site would also be available from several nearby properties.  In terms of views of the Site, the most affected residents would be those living in the dwelling directly to the south of the Site.  At present they have a rural view from the first floor windows over an arable field to the woods to the north.  This would be replaced by a view of a housing estate.  Neighbouring properties would have more oblique views of the Site. The LVA rates the overall effect of this for the properties south of the site at ten years as major adverse to minor adverse and the Inspector agreed with this and considered that residents of the two northernmost properties would

suffer the major adverse effect. The inspector concluded that the development would have a major adverse landscape effect on the Site and its immediate context as well as major adverse effects on several visual receptors as well as moderate adverse on others.

Five year land supply
It was agreed by both parties that the Council have a five-year land supply. However, the Council submitted Draft Local Plan (DLP) for examination and the housing need figure of 1967 dpa is put forward.  If this figure is taken as the housing need then the appellant considers that the Council would be unable to demonstrate a five-year housing land supply. However, as the DLP is yet to be examined and has significant objections it was agreed between the parties that the emerging policies in the DLP should be given limited weight. However, the Appellant argued that the Housing figure of 1967 should be given material weight as the DLP has now been submitted for examination. The Inspector disagreed with this approach as the policies and figures should not be treated differently and states that until the DLP becomes adopted, the figure within the SHMA of 1600 dpa should be taken as the Council’s housing need.  Therefore the Council can demonstrate a five-year land supply.

The inspector concluded that the development would have an adverse impact on the landscape and its immediate context as well as major adverse effects on several visual receptors and moderate adverse on others.  The proposed development could also be seen as a small incremental change that if continued, could result in the blurring of the identities of Henlow, Clifton and Langford. Despite the economic and social benefits of the proposals, they were not individually or in combination enough to outweigh the harm that identified to the character and appearance of the area

In light of the above, the SOS refused planning permission.

Download Decision here

6.140 dwelling allowed in a village of around 700 dwellings.

Appeal Ref: APP/P0240/W/17/3190584 Appeal Decision Date: 22 May 2018
Appellant: Gladman Developments Limited
Council: Central Bedfordshire

The appeal is allowed and outline planning permission is granted for demolition of 59 Shefford Road and associated buildings and the erection of up to 145 dwellings with public open space, landscaping and sustainable drainage system (SuDS) and vehicle access from Shefford Road at 59 Shefford Road, Meppershall, Shefford SG17 5LL.

n appeal was made by Gladman Developments against the decision to refuse outline planning permission for 145 dwellings and associated works by Central Bedfordshire Council. All maters except for access were reserved for future consideration.

Preliminary Matters
The application was refused for two reasons including development located outside of the settlement boundary and with the absence of a completed legal agreement securing financial contributions to offset infrastructure impact, including education, recreation and the provision of affordable housing, the development would have an unmitigated and unacceptable impact on existing local infrastructure. The development would therefore not amount to sustainable development

At the inquiry, the appellant questioned the validity of the council’s evidence to suggest a five year supply of land and suggested a 20% buffer should be applied. However recent case law suggested that there was not a persistent under delivery and a 5% buffer should be applied. The Inspector concluded that a 5 year HLS has been demonstrated using an OAN of 32,000 homes over a 20 year period from 2015 and a 5% buffer and that the Luton unmet need should not be included in the supply calculation.

The Inspector also referenced that a new local plan was being prepared and at an early stage of preparation and had limited bearing on his consideration of the appeal.

In allowing the appeal and granting permission the Inspector gave consideration to the following main issues

  • The suitability of the site for the development proposed in terms of its relationship with the existing settlement of Meppershall and its accessibility to shops and services; and
  • The effect on the character and appearance of the site and its surroundings.

Suitability of The Site For The Development
The Inspector referred to other decisions including Gladman v Daventry that revolved around Policy DM4 that seeks to protect the countryside for its own sake and this blanket protection applies to all areas outside of settlement envelopes irrespective of their landscape value or sensitivity.

The Inspector identified a conflict between Policy DM4 and the NPPF and identified that policy DM4 would frustrate the Council’s ability to achieve a 5 year HLS and that the policy is, therefore, not consistent with paragraph 47 of the Framework.

The inspector identified that a development of 150 dwellings would result in a material increase in the size of the existing village of around 700 homes. However, other than in respect of the effect on character and appearance, the Council has not identified any harm that would flow from that increase. No substantive evidence was submitted to show an unacceptable impact on local services. Accordingly, the Inspector found find no reason to conclude that the site would be unsuitable for the form or level of development proposed and find no conflict with the development plan in this regard.

Character and Appearance
The Inspector found that there is no risk that the proposal would lead to the village merging with any other settlement. The proposed areas of built development indicated on the Development Framework Plan would be some distance from the unsettled hill slopes and, in this respect, the proposal can be distinguished from new development being built. There were only limited views of the site from a distance and the proposal was identified as in keeping with landscape character guidelines.

The Planning Balance
The inspector concluded that the appeal site was not in an unsustainable location and there would not be a conflict with policies CS16 or SADP Policies DM3 or DM14. A conflict with Policy DM4 was identified but this was only given limited weight. the site does not fall within an designated area and the inspector identified a number of benefits arising from the provision of additional market housing including 51 affordable homes.

The inspector concluded that the adverse impacts of development on the landscape do not significantly and demonstrably outweigh the benefits identified and that the tilted balance in favour of a grant of planning permission therefore applies.

Download Decision her

7. Lack of 5-year land supply has lead to the approval of 123 houses in Longridge.

Appeal Ref: APP/T2350/W/17/3186969 Appeal Decision Date: 22nd May 2018
Appellant: VH Land Partnership
Council: Ribble Valley Borough Council

An appeal was made by VH Land Partnership against the decision to refuse outline permission for up to 123 houses; demolition of an existing house (74 Higher Road) and formation of access to Higher Road at Land at Higher Road, Longridge.

In granting permission, the Inspector gave consideration to the main issue being whether the development proposed would be consistent with the objectives of policies relating to the location and supply of housing.

Housing Land Supply in Ribble Valley
During the course of the Inquiry, it was identified that there were a number of disputed sites within the Council’s land supply, reducing the council’s figures by 136 dwellings. This reduction led to the Council’s supply amounting to 4.5 years including a 20% buffer. The Inspector identified that even if the Council’s predictions relating to some of the sites prove to be more accurate, it would not significantly alter the housing land supply position and would only marginally reduce the shortfall within the range of 4.5 years and a maximum of 4.7 years of deliverable housing land supply. In that respect, to conclude on the compliance of the proposal with the development plan and the Framework as a whole as part of the planning balance, it is necessary to firstly consider any other matters that are relevant to the proposal. The other matters are set out below:

Highway and Pedestrian Safety
The development would not increase the demand for on-street parking or increase traffic flows on Higher Road to an extent that existing highway conditions and parking arrangements would be significantly altered or worsened. The development would not have a detrimental impact upon highway safety or preclude access for emergency vehicles.

Living Conditions
The masterplan and illustrative material submitted with the planning application demonstrate that adequate separation distances to neighbouring properties

The Inspector did not consider that the extent of those effects would result in significant harm or disturbance to their existing living conditions.

Ecology, Trees and Open Space
The Inspector was satisfied that detailed submissions could suitably incorporate existing high and moderate quality trees within the site, together with the trees and hedgerows along the site boundary and those located on neighbouring land with crown overhangs or root protection areas within the site. Public open space within the site, including useable spaces, natural play spaces, pedestrian footpath links and cycle routes, can be secured as part of the reserved matters and conditions in accordance with the illustrative details within the masterplan

Drainage and Flood Risk
The development would not be at unacceptable risk of flooding or increase the risk of flooding to surrounding properties, subject to the suitability of the detailed site layout as part of the reserved matters.

For the reasons given above, the Inspector concluded that the appeal should be allowed and planning permission granted subject to the conditions set out in the attached schedule.

Download Decision here.

8. Compliance with Extant Code for Sustainable Homes Condition Removed

Appeal Ref: APP/E5900/W/18/3199690 Appeal Decision Date: 17 August 2018
ppellant: Mr Peter Magri
Council: London Borough of Tower Hamlets

 The appeal was made under Section 78 of the TCPA 1990 against a refusal to grant permission under Section 73.

An appeal was made by Mr Peter Magri against the decision to refuse permission for a variation to the Code for Sustainable Homes condition attached to a permission PA/11/01818 granted on the 5th July 2013 for 57 apartments and 970sqm of commercial space for A1, B1/D1 use as a part 7, part 8 storey development without complying with a condition attached to planning permission Ref PA/11/01818, dated 5 July 2013.

In allowing the appeal, the Inspector gave consideration to:

  • Whether the condition is reasonable and necessary in the interests of addressing climate change and achieving sustainable development.

Changes to the planning practice guidance in 2015 saw the removal of Code for Sustainable Homes(CSH)from national policy with the exception of legacy cases. The Council contended that the withdrawal of the CSH relates to planning conditions for new approvals only and that the development  in this case was a legacy case. Legacy cases are defined as residential development that are legally contracted to apply a code policy such as affordable housing through the National Affordable Housing Programme 2015 to 2018 or earlier programme, or where planning permission has been granted subject to a condition stipulating discharge of a code level which a developer is not appealing or seeking to have removed or varied.

.As the developer is appealing the condition and seeking to have it removed, it cannot be considered a legacy case.

The inspector noted that Based on the PPG, the proposal would not be required to be built to zero carbon. Nonetheless, there would be an element of conflict with development plan policies. However, in the context of Section 38 (6) of the Planning and Compulsory Purchase Act and Section 70 (2) of the Act, the great weight I attribute to the PPG outweighs the weight I afford to the conflict with the above noted development plan policies. The inspector also recognised that owing to Building Regulations Part L (2013) requirements, despite the removal of the condition, the proposal would still address climate change and achieve sustainable development.

Other Matters
The Inspector also noted that the PPG makes it clear that decision notices for the grant of planning permission under section 73 of the Act should also repeat the relevant conditions from the original planning permission, unless they have already been discharged.

It was also cited that Section 73 (5) the Act and the PPG5 are clear that planning permission cannot be granted under this section of the Act to extend the time limit within which a development must be started or an application for approval of reserved matters must be made.

The Inspector concluded that the condition is not reasonable or necessary in the interests of addressing climate change and achieving sustainable development. Condition 11 was subsequently removed and the appeal succeeded.

Download Decision here.

9. 5-year housing supply shortfall lead to successful Appeal for 100 dwellings.

Appeal Ref: APP/U3935/W/17/3192234 Appeal Decision Date: 18th October 2018
Appellant: Ainscough Strategic Land Limited
Council: Swindon Borough Council

An appeal was made by Ainscough Strategic Land Limited against the decision of Swindon Borough Council to refuse “outline planning application (with means of access off Ermin Street/Blunsdon Hill not reserved) for the demolition of the existing Hill Cottage for the development of approximately 100 dwellings (Use Class C3), on-site recreational space, landscaping and associated road and drainage infrastructure.”.

In allowing the appeal, the Inspector considered the following main issues:

  • The relationship of the proposal to the development plan for the area;
  • The effect on the character and appearance of the area;
  • Whether the location of the site is such that the need to travel would be minimised and the use of sustainable transport modes maximised;
  • Whether the proposal makes appropriate provision for affordable housing, infrastructure and similar matters; and
  • Whether there are any other material considerations, including the housing land supply situation and benefits of the proposals, which would indicate that the proposals should be determined otherwise than in accordance with the terms of the development plan

Development plan for the area
In summary, Policy SD2 of the Local Plan notes that development in rural and in countryside locations outside of rural settlement boundaries will be permitted if it is in accordance with the other policies in the Local Plan which permitted specific development in the countryside. No other policies were identified to justify why development outside a settlement boundary should be permitted. Therefore, for the purposes of assessing the proposal against the terms of the development plan, as the proposal lies in the countryside it would be contrary to this part of Policy SD2 of the Local Plan.

It was considered common ground that the Council cannot demonstrate a five-year land supply and that relevant policies were therefore out of date. Although the appeal site lies outside the settlement boundary of Broad Blunsdon the Council conceded that it considered that this, of itself, was not a reason to dismiss the appeal due to the land supply position.

Character and Appearance
The Site lies within Upper Thames Clay Vale National Character Area. The Inspector identified the proposals would result in a landscape harm rather than heritage harm. As the Site has a reasonable separation distance from Lower Blunsdon and the Conservation Area, it would therefore be preserved.

In terms of harm to the landscape and visual qualities of the area, it would be contrary to Policy EN5 of the Local Plan.  It would also be contrary to Policy SD1 of the Local Plan in that it would not respect, conserve or enhance the natural environment and the unavoidable impacts would not be wholly mitigated as such would be contrary to paragraph 170 of the Framework

Overall, it was concluded that the Site would be harmful to the landscape and would have harmful visual effects.  The impacts however would be limited and would be mitigated to some extent, but not wholly, by the additional planting that would form part of this development.

Accessible location
The Site was not considered as being well related for the use of non-car modes, however is not poorly located given the proximity to the main built up area of Swindon.

Due to the location of the Site, the need for travel will not be minimised and the use of sustainable transport modes maximised when compared with sites with better access for non-car modes. This is contrary to Policy TR2 and to paragraph 103 of the Framework as there would not be a genuine choice of transport modes.  This weighs against the development, but as there are alternatives that may be used by residents which gives some choice, although less likely than not, this was given limited weight.

Affordable housing
Policy HA2 of the Local Plan indicates that all developments of 15 homes or more should provide 30% of the dwellings as affordable housing.  The Planning Obligation provides this proportion and would thus complies with development plan policy.  However, the proposal would only provide 9% of the dwellings for affordable home ownership rather than the 10% set out in paragraph 64 of the Framework. Significant weight was attached to the provision of AH.

The appellants and the Council set out various figures as to the land supply that could be demonstrated, given an agreed base date of 1 April 2017.  These varied from between 1.9 years and 2.1 years for the appellants and 2.5 years and 2.7 years for the Council depending on the varying analyses of deliverability and the appropriate buffer. The inspector decided that which ever the figure, the shortfall is significant.

In bringing all the above together in the final balance, the Inspector considered that the adverse impacts of the development would not significantly or demonstrably outweigh the benefits. The Inspector attached significant weight to the fact that the Site fell outside of the development boundary. Furthermore, the proposals would have harmful visual effect on Broad Blunsdon and would result in the loss of a golf course and community facility – these were all given limited weight. The inspector highlighted that there are significant benefits of the proposal from the provision of the additional dwellings both themselves and through the provision of affordable housing.

The 5YHLS was considered a serious matter which resulted in the Policies for the supply of housing in the development plan to be considered to be out-of-date. The factors above provide the material considerations to grant planning permission other than in accordance with the development plan.

Based on the above, the appeal was allowed.
Download Decision here

10. Improvements to affordable housing leads to approval by Secretary of State

Appeal Ref: APPJ2210/W/15/3141444 Appeal Decision Date: 6th August 2018
Appellant: Hollamby Estates Ltd
Respondent: Canterbury City Council

An appeal was made by Hollamby Estates against the non determination of a hybrid application by Canterbury City Council.

The hybrid application sought in detail the demolition of existing dwelling house in conservation area and two other dwellings, change of use of lagoon to allotments, ecological habitat and footpath link and improvements along Bullockstone Road. The outline elements were related to provision of 800 dwellings commercial and community development with pedestrian and cycle links, drainage sustainable drainage and open space as well as highways infrastructure.

The Council confirmed on 1st March that they would have refused the application for seven reasons comprising severe adverse impact on the highway, inadequate and unsafe works, absence of planning obligations to mitigate the impacts on the local highway network, failure to justify the 4% affordable housing provision, failure to demonstrate an acceptable impact on air quality, conflict with the Habitat Regulations and non-compliance with the development plan.

The appeal was recovered by the secretary of State on the 27th June 2016 on the basis that the appeal involves proposals for residential development of over 150 units or on sites of over 5 hectares.

The inquiry was held in January and April 2017 with the inquiry closed in writing on the 31st July 2017.

The site is subject to EIA with an ES submitted with the application in 2015. In March 2017, three addendums were submitted and in May 2017 the EIA regulations 2017 came into force. Regulation 76 of the EIA regulations allow for transitional arrangements which the inspector considered this site would fall within.

The main areas of concern were affordable housing and highways impacts. In March 2016, the appellants submitted a varied highways improvement scheme which was granted permission in April 2017.

On the matter of affordable housing the application proposed 4% affordable housing, which was contrary to the emerging 30% requirement. At the start of the inquiry, the appellant proposed an increase of affordable housing to 15% with a split of 30% rent and 70% shared ownership. This was contrary to policy which required 70% rent and 30% shared ownership.

The matters as agreed were:

  • The Kent BRIS would provide an appropriate technical solution to the requirement to improve Bullockstone Road
  • Air Quality. The ES Addendum No 2 included further assessment using updated traffic data flow.
  • The appellant agreed that the requested contribution towards strategic access management at the Thanet Coast and Sandwich Bay SPA would be met in full.
  • The appellant agreed to provide obligations to secure additional secondary education capacity
  • All parties agreed that using the Liverpool method of calculating 5 year supply, there is a surplus of land whereas there is a deficit using the Sedgefield approach.
  • There were no outstanding technical highways and transportation issues that would prevent a grant of outline permission. However there was disagreement regarding the timing of completion of the Spine Road which KCC contended should be completed and available for use prior to the completion of the 410th

The main matters in dispute were development viability and affordable housing.

In January 2018, a revised viability assessment was submitted showing that 30% affordable housing could be provided with a 30% rent and 70% shared ownership mix. The tenure remained unacceptable.

In March 2018, the secretary of state wrote to the appellants confirming that the main issue was meeting local housing needs and that the scheme was not in accordance with Policy SP3, that the proposal would not deliver the Herne Relief Road at the appropriate time, the proposed land use content would not meet the primary objective for the SSA, there would be a net gain in biodiversity/nature conservation, the loss of some 15ha of BMV land does not weight significantly against the development, there would be less than substantial harm to the Herne Conservation Area.

The Secretary of State advised that before making his final decision he would give the appellants six weeks to address the concerns on affordable housing and highways via submission of a revised and agreed planning conditions.

The appellants confirmed that a bi-lateral agreement between all parties addresses affordable housing provision and a unilateral undertaking with Kent County council secures developer contributions towards the Kent Bullockstone Road Improvement Scheme.

Based on the above, the appeal was subsequently allowed by the secretary of State.

Download Decision here.


Share this on:


Here’s what you need to know about viability in the revised NPPG


Viability is not dealt within the NPPF, it is dealt with separately in the NPPG.
The draft NPPF stated that “where proposals for development accord with all the relevant policies in an up-to-date development plan, no viability assessment should be required to accompany the application”. The revised 2018 Framework removes this measure and states at paragraph 57: “Where up-to-date policies have set out the contributions expected from development, planning applications that comply with them should be assumed to be viable. It is up to the applicant to demonstrate whether particular circumstances justify the need for a viability assessment at the application stage”

Viability should be Assessed at Plan Making Stage.
Previously discussions and considerations of viability were undertaken at the decision-making stage which may have led to delays and local authorities not securing the level of affordable housing and infrastructure they required.

The responsibility has now shifted towards local authorities to undertake viability earlier in the process to ensure that they set appropriate levels of infrastructure requirements. This will require greater co-operation between landowners, developers and local authorities to undertake meaningful discussions and agree what is considered viable. At decision making stage, where matters have already been agreed there may be less delays in agreeing matters of viability which wont slow down the determination of applications.

Costs and Requirements for Affordable Housing and Infrastructure Should be Set At A Level That Does Not Require Further Assessment At Decision Making Stage.
There may need to be more negotiation between landowners, developers and local authorities earlier in the plan making process to ensure that requirements for affordable housing and infrastructure are set at a level that does not undermine overall delivery of the site.

The Council may set out within their plans when a viability assessment may be required.
The PPG sets out that viability should be addressed at plan making stage, but states that local authorities can set out when viability assessments may be required to support planning applications.

The Price Paid for Land is not a Justification for Failing to Accord With the Relevant Policies in a Development Plan.
This played out in Parkhurst Road Limited v Secretary of State for Housing Communities and Local Government & London Borough of Islington. Case No: CO/3528/2017. We discuss this below:

Parkhurst Road Limited v Secretary of State for Housing Communities and Local Government & London Borough of Islington
The key consideration within the High Court was the price paid by the developers and the approach taken to assessing viability to justify the minimal amount of affordable housing. The appellants and the Council disagreed on the benchmark land value as the appellants used the purchase price as an acquisition cost leading to profit levels being below normal target values.

Islington disagreed with this using the same methodology excluding the site acquisition cost. The Council carried out a series of residual valuations inputting alternative affordable housing proportions of 50%, 40% and 32% which produced residual land valuations for the site of £4.98m, £7.32m and £9.35m respectively. They contended that the price which Parkhurst Road Ltd had paid for the site was excessive since it did not properly reflect the policy requirement to maximise the affordable housing component.

The viability assessment of the site has never been made public, but it is of direct relevance as its part of the weight applied to the development proposals.

When reading Justice Holgate’s decision, there are criticisms of the wider approach taken to viability:
“where an applicant seeking planning permission for residential development in Islington proposes that the “maximum reasonable amount of affordable housing” is lower than the borough-wide 50% target on viability grounds, it is his responsibility to demonstrate that that is so

Justice Holgate also recognised the inherent tension between decision makers and developers stating that:
“According to the basic principles set out in the NPPF and the NPPG, it is understandable why a decision-maker may, as a matter of judgment, attach little or no weight to a developer’s analysis which claims to show a “market norm” for BLV by doing little more than averaging land values obtained from a large number of transactions within a district…

…On the other hand, it is understandable why developers and landowners may argue against local policy statements that BLV should simply conform to an “EUV plus a percentage” basis of valuation, especially where the document has not been subjected to independent statutory examination prior to adoption. Some adherents appear to be promoting a formulaic application of “EUV plus.”

Justice Holgate suggests that RICS could consider revisiting the 2012 Guidance Note, perhaps in conjunction with MHCLG and the RTPI, to address any misunderstandings about market valuation concepts and techniques to address the “circularity” issue and any other problems encountered in practice over the last 6 years, to help avoid protracted disputes.

The Guidance Removes Flexibility in Considering Policy Requirements
The previous Guidance stated that ‘where the viability of a development is in question, local planning authorities should look to be flexible in applying policy requirements wherever possible.

This hard-line approach allows decision makers to decide an application on whether it achieves the full policy requirements or not.

A Standard Approach to Viability where Previously it was Accepted there was no Standard Answer to Viability
Again the flexible approach to viability has been removed in favour of a standard approach to be taken across all sites. The intention is probably to speed up delivery as all matters will be assessed, although the same approach cannot be used for different site characteristics such as brownfield and greenfield sites. If the standardised approach doesn’t work for a site, the Council may have to look at alternatives until one fits the approach.

Land Value Calculated on Existing Use Value plus a Premium
The Guidance sets out the approach to be taken to Benchmark Land Value, again to give decision makers more support in assessing development viability.

Premium is described in broad terms as the minimum price a rational landowner would be willing to sell their land, although there is likely to be further debate over what a premium should be and this debate is likely to delay the overall Local Plan process. .

A Return of 15-20% of Gross Development Value
The Draft PPG referred to 20 per cent return which has been the accepted level of return.

The PPG states that a lower figure:
may be more appropriate in consideration of delivery of affordable housing in circumstances where this guarantees an end sale at a known value and reduces the risk

Viability Assessments to be Publicly Available.
A Viability Assessment will only be kept confidential in exceptional circumstances, and it will be down to the applicant to justify the case for confidentiality. Within the Parkhurst case, the decision refers to the Viability Assessment never being provided.

The revised approach to viability whilst potentially aiming to speed up the decision making process, may have the unintended consequences of delaying the plan making process as Local Authorities, developers and landowners grapple with the revised approach to infrastructure costs and negotiate the best scenarios for all parties.

Share this on:


12 things you need to know about the Revised NPPF


As you may be aware, the government published the revised National Planning Policy Framework on 24th July 2018. This means that the NPPF 2018 is a material consideration in determining planning applications. If you have not had a chance to read the document, you can download the NPPF 2018 here. We have analysed the changes made since the draft was consulted upon in Spring and here are 12 things you need to know:

  • Implementation
  • Viability
  • Design standards
  • Green Belt
  • Housing delivery test
  • Standardised method of calculating housing need
  • Inclusion of social rent in definition of affordable housing
  • Small sites
  • Neighbourhood development plans
  • Voluntary PPAs
  • Storage and distribution operations
  • Ancient Woodland and veteran trees

NPPF 2018 is now a material consideration which means that the policies come into effect straight away. However, the NPPF 2018 states that, Local Plans submitted before 24 January 2018 will be Examined against the 2012 NPPF. Any Plans submitted after this date will be examined under the new 2018 policies. This could mean that part of a Council’s newly prepared Plan could be immediately out of date which may contribute to penalties/interventions.

There is a significant shift in the role of viability assessments. The 2018 Framework now requires viability to be dealt with at the plan making stage, thus shifting responsibility on LPAs as opposed to developers. Essentially, LPAs will now be required to set strategic site allocations, infrastructure requirements and a minimum level of affordable housing which they consider viable. The draft NPPF stated  that “where proposals for development accord with all the relevant policies in an up-to-date development plan, no viability assessment should be required to accompany the application”. The revised 2018 Framework removes this measure and states at paragraph 57: “Where up-to-date policies have set out the contributions expected from development, planning applications that comply with them should be assumed to be viable. It is up to the applicant to demonstrate whether particular circumstances justify the need for a viability assessment at the application stage”. This provides decision makers more power in deciding whether a viability assessment is required.

Design Standards
The 2018 Framework places emphasis on the importance of design standards and contains requirements that planning policies set out clear design and vision expectations in SPDs and design codes. It states that “being clear about design expectations, and how these will be tested, is essential for achieving this. So too is effective engagement between applicants, communities, local planning authorities and other interests throughout the process…” Councils should try to “ensure that the quality of approved development is not materially diminished between permission and completion, as a result of changes being made to the permitted scheme”. The policies should however be flexible and allow variety, however, as with design there may be an element of subjectivity.

Green Belt
The draft Framework published in March 2018 stated that “once established, green belt boundaries should only be altered in exceptional circumstances, through the preparation or updating of plans.” The 2018 Framework however requires greenbelt reviews to be ‘fully evidenced and justified’. Paragraph 136 of the 2018 Framework states that “Once established, green belt boundaries should only be altered where exceptional circumstances are fully evidenced and justified, through the preparation or updating of plans“. LPA are required to fully examine all reasonable options to meet its identified need for development. However, this amendment appears to tighten the already restrictive Green Belt release policy.

Housing Delivery Test
No significant amendments have been made to the government’s new Housing Delivery Test. Where delivery is below 75% of the housing requirement from 2020, the Government intends to apply the presumption in favour of sustainable development

Standardised Method of Calculating Housing Need
The 2018 Framework implements a standard methodology for assessing housing need. This method is intended to simplify Objectively Assessed Need (OAN) calculations to provide a centrally-based figure. This is done by taking the Government’s household growth projections and applying an affordability ratio, and comparing local house prices with workplace earnings to identify a need figure. The 2018 Framework states that “strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas , unless the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in the plan area… ; or  any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole”. This strengthens the requirement for LPAs to cooperate with each other in meeting unmet housing requirements.

Social Rent in Definition of Affordable Housing
The term which had been omitted from March’s draft version prompting concerns from some sector bodies has now been reinstated.

Small Sites
The policy encouraging the use of small sites has now been altered to include sites of up to 1ha and medium sized sites. Development plans are now required to identify land to accommodate at least 10% of housing requirement on small sites.

Neighbourhood Development Plans
Paragraph 14 of the 2018 Framework states that presumption in favour of sustainable would apply in the absence of an up to date plan – however by allowing housing schemes that conflict with NDP it is likely to “significantly and demonstrably outweigh the benefits“. It is suggested that where a plan has been adopted two years or less before the decision, it contains policies and allocations to meet its identified housing requirement. As such, the LPA would have at least a three-year supply of deliverable housing sites against its five-year requirement.

Voluntary PPAs
Paragraph 46 of the 2018 Framework states that Planning Performance Agreements (PPAs) are likely to be needed for applications which are large or complex to determine. The suggestion of potential of voluntary PPAs were excluded from the March draft NPPF.

Storage and distribution operations
Paragraph 82 of the 2018 Framework refers to the provision for storage and distribution operations “at a variety of scales and in suitably accessible locations“. This provision requires the specific locational requirements of storage operations to be recognised in planning policies and decisions.  This was omitted from the March 2018 draft.

Ancient Woodland and veteran trees
Paragraph 175(c) offers protection to woodland and ancient veteran trees. It states that development which result in the loss or deterioration of irreplaceable habitats such as ancient woodland and veteran trees should be refused unless there are exceptional reasons and mitigation in place. Veteran trees in the ancient woodland were excluded from the definition of ‘irreplaceable habitat’ in the draft Framework published in March 2018.

What do we think about the NPPF?
As highlighted in James Brockenshire’s Written Ministerial Statement, 85 of the proposals set out in the housing white paper and the Budget, are implemented in the new National Planning Policy Framework. The new rules require greater responsibility, transparency and accountability from both LPAs and developers. The amendments to Viability Assessments are ambitious and only time will how successful this approach will be. We are also disappointed to see the amendment to the already restrictive Green Belt Release Policy appears being tightened. The Housing Crisis is multifaceted in nature, exacerbated by other factors such as the shortage of construction workers, reduced LPA powers, a lack of transparency, increased demand brought on by decades of deregulation, and lax policies – the revisions to the NPPF alone cannot solve the Housing Crisis and therefore, other central government reforms will be necessary.

Share this on:


Local Plan Updates and Progression August 2018


Local Plan Updates – Tracking and Progression

We have been tracking and following the progress of Local Plans in the different regions of England.

A Local Plan sets out planning policies and identifies how land is used – determining what will be built where. We’ve developed this Local Plan Schedule which we hope will keep you up to date on what Local Authorities are doing on their Plans and if you have any questions contact us today.

Share this on:


Greater Birmingham HMA Strategic Growth Study


In February 2018, the Greater Birmingham HMA Strategic Growth Study prepared by GL Hearn and Wood Plc was published. We provide a summary of the key findings of the report.

Birmingham’s functional HMA covers more than Birmingham and includes the Black Country and parts of Worcestershire, Warwickshire and Staffordshire. It also covers authorities which are within the Greater Birmigham and Solihull LEP and the Black Country LEP. North Warwickshire and Stratford-on-Avon Districts  are authorities with an area of overlap between the Birmingham and Coventry/Warwickshire HMA.


The study’s  four main aims are:

  1. Review of existing identified supply to consider whether, by positively applying policies that are consistent for each type of site across the HMA, more dwellings could be provided through increased densities.
  2. Consider the potential additional supply on other land outside of the Green Belt that has not been previously considered for housing development
  3. If a shortfall remains after aim 1 & 2, to then consider the development potential and suitability of any large previously developed sites within the Green Belt that may lie in sustainable locations.
  4. Should a shortfall remain after undertaking tasks (1) to (3), undertake a full strategic review of the Green Belt within the HMA utilising a consistent Green Belt Review methodology, which assesses Green Belt against its five purposes.

”Whilst a single plan is not being prepared, housing need is a strategic issue which the HMA authorities need to collaborate in addressing through the Duty to Cooperate”.

Objectively Assessed Need

Existing Evidence Base

The report looks at the findings already published by local authorities as follows and also reviews the housing requirements within the adopted plans There is a 38,000 dwelling unmet need arising from the Birmingham Development Plan to 2031. In addition, there is an unmet need from Tamworth (1,825 dwellings to 2031) and Cannock Chase (500 dwellings to 2028).

Local Authority OAN Plan period Housing requirement Shortfall
Birmingham 89,000 2011-2031 51000 -38,00
Bromsgrove 6,648 (2011-2030) 7000 0
Cannock Chase 5300 2006-2028 5300 -500
Lichfield 8600 2008-2029 10,030 0
Redditch 6400 2011-2030 6400 0
Solihull 14,277 2014-2033 15029
Tamworth 6250 2006-2031 4425 -1,825
Warwickshire 3150 2011-2029 9070
Stratford on Avon 14,600 2011-2031 14600
Black Country 78,190 2014-2036 63000
South Staffordshire 5933 2014-2036 3850
HMA total 11,500


The GL Hearn assessment of OAN has been considered using four projections:

Economic Projections

Economy Plus Scenario

The Economy plus is a scenario modelled in the Strategic Economic Plan for further and faster growth than predicted in the three LEP Strategic Economic Plans. This is an aspirational ‘policy on’ scenario based on a policy aspiration to improve economic performance.

The West Midland Strategic Economic Plan is based on the economy plus scenario( as set out in the West Midlands Combined Authority’s Strategic Economic Plan) up to 2036 this scenario suggests a requirements for 310,188 dwellings.

Baseline Economic Growth

The baseline economic growth projection is based on a continuation of past trends, but takes into account how different economic sectors are expected to perform in the future (relative to the past). It should be regarded as ‘policy neutral’. Up to 2036 this projection suggests a need for 240,012 dwellings

Demographic Projections

There are three demographic projections that the report considers:

2014 Based Subnational Population Projections

These were the latest official, 2014-based, Household Projections, which Government’s Planning Practice Guidance identifies as the ‘starting point’ for quantifying OAN and suggests 255,533 dwellings required to 2036. 

Rebased Sub National Population Projections

The rebased SNPP rebases the 2014-based Population and Household Projections to take account of population growth between 2014-15 shown in ONS Mid-Year Population Estimates. This projection suggests a requirement for  254,873 dwellings to 2036 .

10 year Migration

The 10 year migration projection considers the difference between the trends in migration over the input period to the SNPP (the 5 years to 2014 for domestic and 6 years for international migration) and those over a 10 year period (2005-15), and then adjusts future trends in migration based on the difference between these. This projection shows a requirement for 251, 647 dwellings up to 2036. 

Government Standardised Approach

The report also considers the Governments standardised approach to OAN which is to use latest official projections, with adjustments then applied based on the degree to which the affordability ratio is over 4, with a 1% increase in the ratio of median house prices to earnings over.

The report envisages a cap which is 40% above existing local plan figures where the local plan was adopted in the previous 5 years; or 40% above either the latest local plan or the household projections (whichever is the higher) where there is not an up-to-date local plan.

The uncapped need figures arising from this approach align broadly with the demographic baseline position to 2031, showing a need for 207,000 homes. To 2036 the uncapped need is for 265,000 homes which is around 4% above the demographic need shown by the projections within the report.

 Unmet Needs

North Warwickshire and Stratford-on-Avon have agreed to make provision for Coventry’s unmet housing needs. North Warwickshire is contributing 860 dwellings to meeting Coventry’s unmet needs to 2031 and 2,020 dwellings from Stratford-on-Avon, totalling 2,880 dwellings. If this was rolled forward to 2036 on a pro-rata basis, this would be 3,600 dwellings.

“GL Hearn conclude that on the basis of the current evidence provision of between 205,000 – 246,000 homes is needed across the Birmingham HMA to 2031; and provision of between 256,000 – 310,000 homes to 2036 (from a 2011 baseline) to meet the Birmingham HMA’s housing needs and taking account of Coventry’s unmet need of 208,000 dwellings to 2031 and 258,500 homes to 2036”. 

Land Supply


GL Hearn’s initial information submitted indicated a land supply of around 203,000 dwellings to 2036, of which 200,000 dwellings could be delivered over the period to 2031.

This is made up of

  • Completions –
  • Sites with Planning Permissions (i.e. Commitments) –
  • Extant Allocations without Planning Consent
  • Allocations in Emerging Plans
  • Additional Urban Supply
  • Windfalls

Land supply by Authority

Birmingham (April 2016):A total land supply for 51,458 dwellings is identified to 2031 and 59,858 to 2036.

Bromsgrove (April 2017): A total land supply of 5,099 dwellings is identified to 2031 and 5,299 dwellings to 2036.

Cannock Chase (April 2016): A total land supply of 4,615 dwellings is identified to 2031 and 4,685 dwellings to 2036.

Dudley (April 2016): A total land supply of 17,918 dwellings is identified to 2031 and 18,668 dwellings to 2036.

Lichfield( August 2017): A total land supply of 10,973 dwellings is identified to 2031 and 11,248 dwellings to 2036.

North Warkwickshir(April 2017): A total land supply of 9,060 dwellings is identified to 2031 and 9,360 dwellings to 2036. This includes making specific provision to meet an unmet need for 4,410 dwellings from other parts of the Birmingham HMA, as identified in Section 3 as well as 860 dwellings unmet need from Coventry.

Redditch (April 2017): 7,488 dwellings to 2031 and 7,543 dwellings to 2036.

Sandwell (April 2016): 19,930 dwellings is identified to 2031 and 20,813 dwellings to 2036. The land supply has been assessed to 2036.

Solihull (April 2016): 5,717 dwellings  to 2031 and 16,945 dwellings to 2036 including specific provision for a contribution of 2,000 dwellings to meeting unmet needs of the Birmingham HMA.

South Staffordshire (April 2017): 3,493 dwellings to 2031 and 3,643 dwellings to 2036

Stratford-on-Avon (April 2016):16,713 dwellings to 2031 and 19,358 dwellings to 2036

Tamworth (April 2017): 4,495 dwellings to 2031 and 4,680 dwellings to 2036.

Walsall (April 2017): 10,879 dwellings to 2031 and 11,284 dwellings to 2036.

Wolverhampton (April 2016):13,816 dwellings to 2031 and 16,495 dwellings to 2036.

Following the submission of the initial information, adjustments were made to ensure consistency with the windfall approach and non implementation discounts.

Approaches to Delivery

Existing Sites

The report explores in detail approaches to be taken to providing additional land to be identified within urban areas including brownfield land, disposing of surplus public sector land, estate regeneration, town centre regeneration and disposing of surplus open space.  The report also assesses in detail the potential to increase densities across the HMA and concludes that  it would be reasonable to assume minimum densities of 40 dph are achieved in the conurbation (Birmingham and the Black Country urban area), with minimum densities of 35 dph in other parts of  the HMA. This approach would yield additional supply of 13,000 dwellings, principally over the period to 2031.

Identifying and Allocating Additional Land

Taking into account the potential housing supply which could be achieved by increasing densities, there remains a need to identify capable of supporting delivery of over 15,000 homes to 2031, and a total of over 47,800 homes to 2036. Additional land needs to be identified and allocated to meet this. This provides a clear basis for progressing a strategic review of the Birmingham Green Belt.

Given the scale of unmet need, the report focuses on strategic development options as follows:

  • Urban Extensions (1,500 – 7,500 dwellings);
  • Employment-led Strategic Development (1,500 – 7,500 dwellings); and
  • New Settlements (10,000+ dwellings). –

Potential Areas of Search for Strategic Development beyond the Green Belt

South Staffordshire

  • Urban Extension: North of Penkridge
  • Urban Extension: South of Stafford
  • New Settlement: Around Dunston


The Study initially identifies three potential Areas of Search for Strategic Development:

  • Urban Extension: East of Lichfield
  • Urban Extension: North of Tamworth
  • New Settlement: Around Fradley and Alrewas

North Warwickshire

One potential Area of Search for Strategic Development is identified to be tested:  Urban Extension: East of Polesworth

Within the HMA, the only location which has been identified by Government for new strategic development is Long Marston, which is designated a Garden Village. Consideration has therefore been given to the potential for enhanced strategic development in this broad area.

The potential Areas of Search for strategic development identified to be tested are thus:

  • Urban Extension: South of Stratford-upon-Avon town
  • New Settlement: Around Wellesbourne
  • New Settlement: South-West of Stratford-upon-Avon District

Potential Areas of Search in the Green Belt

The Study undertook a Strategic Green Belt Review, assessing the form and strategic function of the Green Belt against the purposes of Green Belt policy set out in the National Planning Policy Framework (NPPF) (Para 80).

Four spatial development models were created:

  • New settlements
    • Scale attracts greater opportunity for central government investment
  • Urban Extensions
    • Lead in times of typically 5+ years
    • Larger and more costly infrastructure requirements
  • Employment focus
    • Lead in times of 3-5 years
    • Larger infrastructure requirements
  • Proportionate Dispersal
    • These have the shortest lead in times and have typically lower requirements for strategic infrastructure

Six Areas of Search for new settlements and six for urban extensions are identified; together with three Areas of Search for employment-led development.

Recommended Areas of Search for Strategic Development


  • I54
  • East of Birmingham
  • Birmingham Airport/ NEC

These Areas of Search have the following characteristics:

  • Strategic employment areas with a key employer and/or clustering of employers
  • Likely to be located adjacent to, or in the vicinity of, a Motorway junction.
  • Potential to support some housing provision as part of mixed-use development (1,500 to 7,500 dwellings).

Urban Extensions

The Study concludes that the strongest performing Urban Extension options which should be taken forward for more detailed consideration by the HMA authorities are:

  • South of Dudley
  • North of Tamworth
  • East of Lichfield
  • North of Penkridge.

New Settlements

The report recommends the following areas of search should be taken forward:

  • South of Birmingham
  • Between Birmingham and Bromsgrove/Redditch
  • Around Shenstone
  • Around Balsall Common


There is a minimum housing need for 205000 up to 2031 and 255,000 up to 2036. Taking into account shortfalls this increases to 208,000 up to 2031 and 258,00 to 2036.

The current evidence suggests provision of between 205,000 – 246,000 homes across the Birmingham HMA to 2031; and 256,000 – 310,000 homes to 2036.

There is a developable land supply of 180,000 to 2031 and 197,000 to 2036. Bringing together the need and currently identified supply, there is an outstanding minimum shortfall of 28,150 dwellings to 2031 and 60,900 dwellings to 2036 across the Birmingham HMA.

New strategic allocations will be required to address this shortfall across the whole HMA.

Next Steps

It is envisaged that further technical and feasibility work will be underway to assess the suitability of the areas of search as identified by the report along with a process of iterative Masterplanning and consultation with local residents.

Share this on:


Latest GDPO amendments to Agricultural Permitted Development Rights


On Monday 5th March 2018, the Housing Minister, Dominic Raab announced changes to Permitted Development Rights which enable flexibility for rural sites to be converted from three to up to five family homes (Class Use C3) to better meet local housing need without the need to apply for Planning Permission.  You can read his statement here.

Amendments to the General Permitted Development Order (GDPO) were approved by Parliament on 12th March 2018 and have come into force today, 6th April 2018.

The amendments allow buildings which currently are/were in ‘active agricultural use’ on or before 20th March 2013 to be redeveloped for up to 5 dwellings. This will allow for the following:

  • Up to 3 larger homes within a maximum of 465 sq. m. (5005.2sqf)
  • Up to 5 smaller homes, each no larger than 100 sq. m. (1076.4sqf)
  • Combination of both above options – no more than 5 homes (no more than 3 being larger homes).

The permitted floor area has marginally increased from 450 sqm (4,843 sqft) to 465sqm (5005.2sqf). As set out above, the provisions can be combined to provide up to 5 dwellings per agricultural unit subject to the floor space limitations, with no more than 3 dwellings as larger dwellings.

Permitted Development Rights are subject to obtaining approval from the LPA first. This means that you must notify the relevant LPA and submit a prior approval application before starting any work. If the Council do not issue a decision within the time frame of 56 days, then development can begin.

It must be noted that permitted development rights are generally more restricted in the following designated areas:

  • Conservation Area
  • National Park
  • Area of Outstanding Natural Beauty or
  • The Norfolk or Suffolk Broads

The following criteria will need to be met before a development can be considered as permitted development:

  • Buildings must have been used solely for agricultural use on or before 20 March 2013.
  • The new rights are not afforded to those who have used PD rights to build or extend buildings since 20 March 2013.

Please note that once the new PD rights have been exercised, there will be no opportunity to construct or extend an agricultural building for a period of 10 years.

Urbanissta welcome these amendments to the legislation, though its not a silver bullet, are hopeful that these changes will boost the number of homes created through the conversions of agricultural buildings which will assist in meeting local housing needs across the country.

The explanatory memorandum can be read here.

The amendments to the Legislation can be read here.

Share this on:


The London Plan- In case you Missed it


The London Plan is the strategic planning policy document for all London Boroughs and forms part of the statutory development plan for each authority. It sets the strategic housing requirement for the whole of the metropolitan area and how this will be delivered as well as setting the strategic approach to other matters such as economy, design, heritage open space and landscaping and technical details such as renewable energy and drainage.

The current version of the London Plan was first adopted in 2011 with changes made during the course of 2015 and 2016.

The new London Plan or ‘Replacement Plan’ as it is also known was published for consultation in December 2017. This revised plan sees a step change in approach to planning decisions as it goes much further than being an overarching strategic planning document. Upon its anticipated adoption in 2019, it will come into effect straight away and the way in which it written means that authorities would not need to prepare a Part 1 Local Plan.

Whilst the Mayor is seeking to take some of the control of the function of the Boroughs, it doesn’t look to take all of them including the duty to co-operate. As the HBF wrote in their representations, the Mayor cannot pick and chose which functions they want to perform. The Mayor also proposes to set a metropolitan wide level for affordable housing at 50%
The Replacement Plan will run from 2019 to 2041 and sets a requirement of 64,935 dwellings over the first 10-year period. The capacity is made up of 400,470 homes from large sites and 245,730 homes over the 10 year period from small sites of less than 0.25 ha.

There is also reliance on increasing the number of units on those opportunity areas identified in the current London Plan and identifies approximately 9 new Opportunity Areas.

Development at Kings Cross Opportunity Area

Current and emerging Opportunity Areas. London Plan SHLAA 2017

There is a heavy reliance on brownfield land and optimising potential on:

  • Sites of PTAL 3-6
  • Mixed use redevelopment of car parks and low density retail parks
  • Intensification of residential on commercial leisure and infrastructure sites
  • Redevelopment of surplus sites
  • Small sites
  • Industrial sites
  • Sites that are allocated for residential and mixed-use development

There is also a general presumption against single use low-density retail and leisure parks.

Green Belt
The plan identifies that all the dwellings proposed can be provided within the City without extending out into the Green Belt. Policy G2 London’s Green Belt states that:
A The Green Belt should be protected from inappropriate development:
1) development proposals that would harm the Green Belt should be refused
2) the enhancement of the Green Belt to provide appropriate multifunctional uses for Londoners should be supported.
B The extension of the Green Belt will be supported, where appropriate. It’ s de-designation will not.

Given that 800,000 people commute between the City and the wider South East on a daily basis, it is questionable as to whether 65,000 dwellings can be delivered within the boundary of London. Nevertheless, the approach to Green Belt reviews should be undertaken by local authorities within their Part 1 Plans.

Commuting Patterns across London and wider region. London Plan 2017

The Plan Identifies 12 infrastructure priorities that the mayor will support within the Wider South East as they are of importance to the city. These include:

  1. East West Rail and new Expressway road link (Oxford – Cambridge)
  2. North Down Rail Link (Gatwick – Reading) including extension to Oxford
  3. A27 / M27 / A259 and rail corridor (Dover – Southampton)
  4. West Anglia Mainline, Crossrail 2 North (London – Stansted – Cambridge -Peterborough) and M11
  5. Great Eastern Mainline (London – Ipswich – Norwich) and A12
  6. Essex Thameside, A217 and A13 corridor
  7. Thames Gateway Kent : Elizabeth Line Extension and HS1 (London – North Kent -Channel Tunnel)
  8.  Lower Thames Crossing
  9. Brighton Mainline (London – Gatwick – Brighton)
  10. South West Mainline, Crossrail 2 South West (London – Surrey / Southern Rail Access to Heathrow) and A3
  11. Great Western Mainline (London – Reading / Western Rail Access to Heathrow)
  12. Midlands and West Coast Mainline (London – Luton – Bedford / Milton Keynes)
  13. Felixstowe – Nuneaton / Midlands and A14

There has been a lot of discussion regarding the removal of the density matrix within Policy DM6 of the Replacement Plan in favour of higher densities across all sites. Policy DM6 requires the submission of a Management Plan where density is exceeded in the following cases:

  1. 110 units per hectare in areas of PTAL 0 to 1
  2. 240 units per hectare in areas of PTAL 2 to 3;
  3. 405 units per hectare in areas of PTAL 4 to 6

All of these units per hectare standards are those applied to central locations suggesting that a higher density approach to new developments will be the normal approach. A high-density scheme in a suburban location may not be appropriate.

The Policy also requires that
“measures of density should be provided for all planning applications that include new residential units:

  1. Number of units per hectare
  2. Number of habitable rooms per hectare
  3. Number or bedrooms per hectare
  4. Number of bedspaces per hectare.”

So, the density matrix whilst not there will still clearly play a part in the decision-making process for authorities.

Tall Buildings

Policy D8 states that the definition of a Tall building can be made by each local authority, again suggesting the approach to higher density development wherever possible. A tall building is still referable to the GLA if it exceeds 30m.

Policy D2 requires design reviews to be undertaken at least once in addition to pre-application advice if they are:
– Above the density indicated in Policy D6
– Propose a building defined as tall building or that is more than 30m in height where there is no local tall building definition.

The approach to design should be taken by each authority within their Part 1 Plans. The approach to tall building design reviews is not helpful when read with Policy DM8.
Within Policy D3 inclusive design is promoted but no clarification is provided as to the threshold for inclusive design.

The Replacement Plan states that Boroughs should identify Strategic Areas for Regeneration in Local Plans based on a thorough understanding of the demographics of communities and their needs.

Affordable Workspace
The Replacement Plan emphasises the need to provide affordable workspace and low cost business space through Policy E3 Affordable Workspace

Basement Development
A Policy is now included on the need to assess large scale basement development along with a Policy also stating that any applications for fracking should be refused.

Public Houses
More protection for pubs is now included along with a policy requiring the provision of public toilets in proposals that involve people standing for long periods of time.

There is now clear guidance on how to deal with managing heat risks, requiring an assessment of overheating through CIBSE TM59 for domestic developments and TM 52 for non-domestic developments. In addition, TM 49 guidance and datasets should also be used to ensure that all new development is designed for the climate it will experience over its design life. The

Air Quality
Whilst air quality is addressed in reference to other policies in the current London Plan, air quality requirements are addressed as a standalone policy in the Replacement Plan, requiring development to not lead to further deterioration of existing poor air quality, or create areas that exceed air quality limits.

The Replacement Plan sets a Policy aim for development to achieve greenfield run off rates as the starting point. Development proposals for impermeable paving should be refused where appropriate, including on small surfaces such as front gardens and driveways.

Car Parking
Car-free development should be the starting point for all development proposals in places that are (or are planned to be) well-connected by public transport, with developments elsewhere designed to provide the minimum necessary parking (‘car-lite’) with maximum standards.

Those proposals with parking included need to include electric vehicle charging points.

Strategic Approach to Transport

The Replacement Plan sets out a significant list of transport infrastructure projects proposed to deliver the strategic target of 80% of all trips in London to be made by foot, cycle or public transport by 2041 and authorities in preparing development plans would need to support these projects. Such projects include the Silvertown Tunnel, Crossrail 2 and the provision of a new bridge linking south to east at Rotherhithe and Canary Wharf.

Next Steps
The Examination in Public will take place in the Autumn of 2019 with the adoption of the final London Plan in the Autumn of 2019.


Share this on:


City of Christchurch moves from Recovery into Regeneration


Christchurch Cathedral January 2017

Following the earthquakes in Christchurch during 2011 that led to significant damage to the city and loss of life, a decision has been made on the future of the Christchurch cathedral in the centre of the city. Following years of the impasse between opposing parties, could this decision now signal a move forward from recovery into regeneration?

We take a look at the events that led to the decision and why the cathedral is critical to the regeneration of the City.

The Earthquake

On the 22nd February 2011, a 6.4 magnitude quake struck the city, and following damage to buildings in a previous quake during 2010, a number of buildings were already identified with the potential to collapse. 185 people died in the nation’s 5th deadliest disaster.


182 chairs for the 182 people that died during the earthquake

Events following the Earthquake

October 2011

Two subsequent earthquakes in 2011 further damaged the cathedral and in October 2011, the Trustees of the Church announced proposals to demolish parts of the building as the costs of repair was more than the cost of the insurance.

March-August 2012

Demolition commenced in March 2012 and in August 2012, the Great Christchurch Building Trust (GCBT) announced a High Court challenge of the demolition plans. The court put the demolition on hold in November.

That order was in place until July 2013 when a High Court ruling to lift it was upheld by the Appeal Court. In December 2013, the Supreme Court declined a GCBT appeal against that decision. Demolition was never resumed because the emergency quake powers had expired and it would require consent, which would be challenged in court by GCBT.


In 2014, the Christchurch Central Recovery Plan was published by the City Council identifying actions to be taken to rebuild the city. The cathedral is central to the plan and to the city spatially.

Under the Canterbury Earthquake Recovery Act 2011, a Recovery Plan must be developed for the central business district (CBD). All decisions to be made following the time of the plan must be made in accordance with the requirements of the plan. it also required changes to be made to the city’s district plan. to ensure the objectives of the Recovery Plan were met.

Christchurch Central Recovery Plan 2014

“The Christchurch Central Recovery Plan sets out a clear vision for the Square – an international centre and the heart of our city, with year-round activity, day and night. It’s a vision for a 21st-century city that points to a greener space, with buildings that inspire and activate, and the main square complemented by a series of smaller places[1]”.

July 2015

In July 2015, frustration became clear as the Earthquake Recovery Minister Gerry Brownlee wrote to the Trustees stating lack of progress on the future of the Cathedral was slowing down attempts by the city to regenerate. Cathedral Square landowners were reluctant to spend money on development next to a decaying site with an uncertain future.

September 2015

In September 2015, the Minister appointed a negotiator to mediate between the Church Property Trustees and the Great Christchurch Building Trust. Both sides along with their engineers were asked to agree on the feasibility and cost of restoring the building or replacing it with a new cathedral.

It was identified that restoration would take until 2022 and cost $105m, while a new cathedral would cost about $66m and could be complete by 2019, Deans reported. Anglicans agreed to reconsider restoration of the cathedral in December 2015.

April 2016

Regenerate Christchurch was established to lead Christchurch from recovery to regeneration.  The Greater Christchurch Regeneration Act 2016 sets out the functions[2] of the Regenerate Christchurch body. The Cathedral Square and its surrounds were identified as a key priority area and a regeneration strategy for the square and surround commenced.

June 2016

In June 2016 Brownlee appointed a working Group to come up with a fully costed and feasible plan for restoring the cathedral.

December 2016

The group delivered its non-binding recommendations to government in December 2016 which formed the basis of a restoration deal between the government and Anglican leaders. This deal was delayed and amended by the Government as requested by the Church Property Trustees.

July 2017

An amended a Cathedral reinstatement plan was put forward to all parties. The deal set out the funding mechanisms for the reinstatement including a $10 million Christchurch City Council pledge, a Great Christchurch Buildings Trust (GCBT) pledge of $13.7m, a $10m Crown cash contribution and a $15m government loan. $90 million was now secured. The offer also proposed new legislation, which would allow reinstatement of the cathedral to be fast-tracked, and a joint venture made up of the Church Property Trustees and a fundraising trust would govern and manage the reinstatement.

Cathedral Square January 2017

On 31 July 2017 Regenerate Christchurch published a draft concept and key moves for Cathedral Square and the surrounding area. Regenerate Christchurch.

In its first annual report regenerate Christchurch,  identified three priority areas including the Ōtākaro Avon River Corridor Regeneration Area, Cathedral Square and Surrounds, and Southshore and South Brighton.

September 2017

Bishop Victoria Matthews took the offer to the Synod in September 2017 who voted 55% in favour of reinstating the building with a basic design. It was announced that the project would cost $93 million and would take 10 years to build.

A week following the decision by the Synod, an agreement was signed outlining the project’s commercial, financial and legal terms and approximately $90 million of the restoration cost were already secured. The agreement identified that a new Restoration Trust would be formed that will be responsible for fundraising and managing the project, alongside the Church Property Trustees and an establishment group would be set up to develop the joint venture structure and a project plan.

December 2017

The Christchurch Cathedral Reinstatement Bill had its first reading in Parliament.06 December 2017, and the $10 million Christ Church Cathedral grant was approved by Christchurch City Council[3].

Christchurch Cathedral December 2017

February 2018

Now, we move to 2018 and the City Council are now considering raising rates by an average of 5.5 percent from July this year, to address the priorities in the Council’s draft Long Term Plan (LTP)(external link), which sets out the Council’s work programme and priorities for the next 10 years[4].  A proposal to introduce a new targeted rate to cover the Council’s $10 million special heritage contribution towards the reinstatement of Christ Church Cathedral is also included in the Long Term Plan.

“Deloitte calculates the total cost of the earthquakes will be more than $10 billion”

“There you have it. A couple of heritage blips aside, Christchurch should be able to pass as a functioning, disaster-free city by 2025[5]

Cathedral and Square December 2017







Share this on:


Local Plan Update – We have been tracking all Local Plan preparation across the regions.


‘Step into my office’ – with Jo Hanslip


London Plan Updates – tracking and progression

We have been tracking and following the progress of Local Plans in the different regions of England.

A Local Plan sets out planning policies and identifies how land is used – determining what will be built where. We’ve developed this Local Plan Schedule which we hope will keep you up to date on what Local Authorities are doing on their Plans and if you have any questions contact us today.

Share this on:


The Review of build out – house building delays


We need more homes, what’s the delay?

On the 14th January 2018, the Minister of Housing Communities and Local Government (MHCLG), published details about the ‘Letwin’ review. Sir Oliver Letwin, former Cabinet Office Minister was asked to chair a review into the gap between planning permissions granted and homes built.

The review:

  • The aim of the review is to find out why there is a significant gap between housing completions and the amount of land allocated or permissioned in areas of high housing demand – and make recommendations for closing that gap
  • The review should identify the main causes of the gap and what practical steps can be taken to increase the speed of build out
  • The long term goal is to support an increase in housing supply that will be consistent with a stable housing market

Sir Oliver Letwin said: “This government is serious about finding ways to increase the speed of build out as well as tackling the complicated issues surrounding it. That’s why we have set up this diverse panel to help me test my analysis and to make practical, non-partisan recommendations, as we look to increase housing supply that’s consistent with a stable UK housing market.”

Housing secretary Sajid Javid said: “We are determined to build the homes this country needs, but currently there is still a significant gap between the number of planning permissions being granted and the number of homes built. This review is vital to helping us understand how we can build more homes quickly.”

He added, ”The review will provide an interim report to the Chancellor of the Exchequer and the Secretary of State for Housing, Communities and Local Government in time for Spring Statement 2018 and a full report for Budget 2018.”

Mr Javid confirmed that:

  • Mr Letwin would chair a ‘Panel’ to support the work
  • A base would be provided and a team of 2-3 officials would be allocated to achieve the proposed review
  • The Housing Minister would chair a fortnightly steering group with Her Majesty’s Treasury and No.10 Downing Street teams to provide appropriate support
  • Simon Gallagher as Senior Responsible Officer would support this with an official’s group. Should it prove necessary to involve other departments he would be happy to expand to cover broader groups      

The bill will be constructed in two phases:

  • Phase 1 – currently underway – will seek to identify the main causes of the gap by reviewing large housing sites where planning permission has already been granted. This will include information-gathering sessions with local authorities, developers, non-government organisations and others. Early findings will be published in the interim report
  • Phase 2 – will make recommendations on practical steps to increase the speed of build-out, which will be published in the full report

The review will also consider how to avoid interventions which might discourage housebuilding or hinder the regeneration of complex sites.

The review team members are:

  • Richard Ehrman – author, small commercial property developer and former journalist. Former special adviser to the Secretary of State for Employment and subsequently Northern Ireland, onetime Chief Leader Writer of the Daily Telegraph, and former Deputy Chairman of Policy Exchange
  • Lord Jitesh Gadhia – Member of House of Lords and investment banker
  • Lord John Hutton – (Labour) Peer and former Secretary of State
  • Rt Hon Baroness Usha Prashar CBE, PC – (Crossbench) Peer with a career spanning public, not for profit and private sectors, currently Deputy Chairman, British Council and a non-Executive Director of Nationwide Building Society
  • Christine Whitehead – Emeritus Professor of Housing Economics at London School of Economics 

Let’s hope that the review will result in the government achieving their long-term goal.

Read the document – ‘Review of build out – terms of reference’

Share this on: