Agenda item

To consider the report (attached).

(1)       To agree the proposed EFDC response to the MHCLG technical consultation set out in paragraphs 5-10 of this report on ‘Changes to planning policy and guidance including the standard method for assessing local housing need’.

(2)       To note the consultation on proposed planning reforms to support the high street and increasing the delivery of new homes and delegate the Council’s response to the Planning Services Director in conjunction with the Portfolio Holder.

(3)       To note the publication of the Government’s response to the consultation on supporting housing delivery through developer contributions.

The Interim Assistant Director (Planning Policy) presented a report that sought:

(a)          Members approval of the proposed response to the MHCLG technical consultation ‘Changes to planning policy and guidance including the standard method for assessing local housing need’ which was published on 26 October with comments due by 7 December 2018.

(b)       To note the consultation on proposed planning reforms and increasing the delivery of new homes published on 29 October 2018 with comments due by 14 January 2019.

(c)       To update members on the Government’s response to the consultation on supporting housing delivery through developer contributions.

(a)       MHCLG technical consultation – Changes to planning policy and guidance including the standard method for assessing local housing need

This technical consultation followed the publication of the revised National Planning Policy Framework (NPPF) in July 2018 and the release of the 2016 based household projection in September 2018. The proposal was to alter the standard methodology for assessing local housing need to ensure it was consistent with increasing the supply of homes. Therefore, local authorities would continue to use the 2014 based household projections when using the standard method to assess the minimum number of homes needed, which meant 923 homes for this Council, rather than using the 2016 based household projections published in September. However, as Local Plans submitted for examination before 24 January 2019 could be based on existing locally assessed housing need, the Local Plan would be examined on the basis of the Strategic Housing Market Assessment figure of 518 homes per annum as set out in the Local Plan Submission Version 2017.

The Government considered the following three changes were the best way to respond to the new ONS 2016 household projections published in September 2018:

·                For the short-term, the 2014-based household projection (instead of the recently published 2016-based projection) would be used as a baseline for assessment of local housing need.

·                That lower numbers through the 2016-based projections did not qualify as an exceptional circumstance that justified a departure from the standard methodology; and

·                In the longer term, the Government would review the formula for assessing local housing need with a view to establishing a new method by the time the next projections were issued.

This would provide stability and certainty for local planning authorities and communities, ensure that planning responded not only to movements in projected household but also to price signals, and also ensure planning policy supported a housing market that worked for everyone.

The consultation document also included a number of proposed clarifications of national planning policy.

The consultation questions and the Council’s proposed draft response were detailed in the agenda.

(b)       Planning reform: Supporting the high street and increasing the delivery of new homes

The MHCLG consultation, published on 29 October 2018, set out proposals for permitted development rights (PDRs) to support the high street. This included to allow greater flexibility for change of use, to extend buildings upwards to create new homes, to remove the PDRs for telephone kiosks and associated advertising consent. In addition, there were proposals to increase the height limit for electric vehicle charging points in off street parking spaces to accommodate rapid charging points and to make permanent two time-limited rights to change use from storage or distribution to residential use and for larger home extensions. Views were also invited on the feasibility of a PDR for the redevelopment of a commercial site to create new homes.

The consultation also proposed to extend local authorities’ freedoms to dispose of surplus land at less than best consideration without the Secretary of State’s consent, invited comments on a draft listed building consent order to allow routine works to the Canal and River Trust’s structures without the need for individual applications and on draft guidance on new town development corporations’ compulsory purchase powers. The consultation questions were appended to the agenda report and members were asked to submit their comments to these questions. It was proposed that a response would be drafted and agreed with the Portfolio Holder (Planning Services) for submission before the deadline of 14 January 2019.

(c)       Government response to the consultation on supporting housing delivery through developer contributions – update

In Spring 2018, the Government published a consultation on a series of proposed reforms to the existing system of developer contributions. The aim of the reform was to ensure that developers knew what contributions they were expected to make, that local communities were clear about the infrastructure and affordable housing they would get, and that local authorities could hold them to account. The Government’s response to the consultation and how it intended to take forward the reforms would include:

·                To introduce a new tariff (Strategic Infrastructure Tariff) that would allow combined authorities to collect funds from developers towards strategic infrastructure that would benefit multiple areas.

·                To remove restrictions on how planning obligations could be used, so that local authorities had greater flexibility to secure the funds needed to deliver infrastructure. These pooling restrictions would be lifted across all areas.

·                Measures to make Community Infrastructure Levy (CIL) rates more responsive to changes in the value of development and consult on indexation proposals.

·                To increase transparency, by requiring authorities to publish more details on what had been collected and spent, so that local communities could see the value of developer contributions secured.

·                To increase certainty for developers on the contributions that they were required to make, by clarifying regulations.

It was noted that legislation would be required to implement the changes set out in the consultation document. Consultation on the draft regulations was expected to take place later this year.

Decision:

(1)       To agree the proposed EFDC response to the MHCLG technical consultation set out in paragraphs 5-10 of this report on ‘Changes to planning policy and guidance including the standard method for assessing local housing need’.

(2)       To note the consultation on proposed planning reforms to support the high street and increasing the delivery of new homes and delegate the Council’s response to the Planning Services Director in conjunction with the Portfolio Holder.

(3)       To note the publication of the Government’s response to the consultation on ‘Supporting housing delivery through developer contributions: Reforming developer contributions to affordable housing infrastructure’

Reasons for Decision:

This MHCLG technical consultation and the consultation on proposed reforms would inform further updates to national planning policy guidance, which would have a significant bearing on local plan-making as well as decision-making. It was therefore prudent for the Council to provide a formal response to this consultation.

The Government also published its response to a previous consultation on ‘Supporting housing delivery through developer contributions: Reforming developer contributions to affordable housing and infrastructure’ (Consultation ran from 5 March to 10 May 2018). In its response the Government proposed a number of potential changes to Community Infrastructure Levy and S106 pooling restrictions. If implemented, these proposed changes could have a significant impact on the way this Council collected developer contributions for infrastructure delivery.

Other Options Considered and Rejected:

Not to update members on the MHCLG consultations and the Government response to the consultation on supporting housing delivery through developer contributions.