04 Jul 2019
Last week Government published new Planning Practice Guidance (PPG) on housing for older people and disabled people. This is a positive step, as it recognises that providing housing for older people is critical and that it needs to be considered from the early stages of plan-making through to decision taking.
This recognition is particularly welcome given that (as our research: "Solutions to an age old problem: Planning for an Ageing Population" shows whilst nearly a quarter of the population will be aged over 65 in Great Britain by 2036, only 7% of Development Plans in England, Scotland and Wales include land allocations for housing for older people.
It is well documented that there is a clear need for housing for older people. The planning system plays a fundamental role in ensuring this need is met.
However, the new guidance remains loose on critical issues, leaving it open for LPAs to decide:
whether or not to allocate sites for specialist housing for older people in their Development Plan Documents;
the use class a particular development may fall into; and
whether to monitor delivery through the Annual Monitoring review process.
These are three key areas that our research highlights need clear and stronger guidance to aid the delivery of the right amount and type of housing for older people in the right places.
Taking each in turn, our research highlights that whilst 60% of Development Plans identify a general need for housing for older people, only 14% have a specific policy relating to a requirement for need and only 7% actually include any land allocations specifically for this use. This can make it difficult for developers of older people’s housing to compete with general housing developers when bidding for land. Including allocations in Development Plans would provide more certainty for both the Local Planning Authority and developers alike.
Whilst PPG states that LPAs do not have to allocate sites for housing for older people, the PPG sets out that LPAs should provide clear policies to address the housing needs of older people. This includes how proposals for different types of housing for these groups will be considered.
Lichfields' Carepacity Toolkit can assist in demonstrating the need for housing for older people and our research sets out how the planning system can help facilitate the delivery of housing for older people. In turn this can assist in identifying sites to be allocated to meet the identified need, or indeed brought forward through a planning application.
In relation to Use Classes, the PPG acknowledges there are many types of housing for older people but does not include a definitive list. Nor does it provide any definition of what type of housing for older people falls in Use Class C2 and which better aligns with Use Class C3. As highlighted in our research, this causes uncertainty and can have financial implications for developers.
Our review of 23 appeal decisions for older people’s accommodation in 2019 showed that there are many different factors that are taken into consideration in relation to what Use Class an older peoples housing development falls within and the conclusion on an appropriate use class often proved critical to the outcome – for example whether or not an affordable housing contribution should be provided. Our appeal review also demonstrated the importance of fully addressing the planning balance as a whole, over and above demonstrating the need with 17 of the appeals being dismissed (totalling 588units) with refusal reasons including:
Eight - related to design and amenity
Two - related to affordable housing
Three - related to impact on countryside / Green Belt
Four – related to policy conflict (employment allocation, rural exceptions, lack of community support, no evidence of need).
Where five year housing land supply (5YHLS) was cited:
three LPAs had no 5YHLS and were still dismissed
two LPAs had a 5YHLS, one being allowed and one dismissed.
This review demonstrates that there are many factors that help determine what Use Class a scheme falls into and it is not clear cut. Design and amenity remain important with many inspectors considering massing, amenity space for residents and impacts on neighbours.
Turning to monitoring, only 16% of LPAs in England and Wales monitor delivery of housing for older people. Given the critical need to ensure that enough good quality housing for older people is provided to meet the growing ageing population’s need, it is vital that, as an industry, we monitor delivery to ascertain whether the need is being met. PPG refers to this but again does not make it a requirement.
To conclude, whilst the new PPG is a positive step in the right direction, acknowledging the clear role that the planning system has in the delivery of housing to meet the needs of our growing ageing population, it does not go far enough. It should be made abundantly clear to LPAs that it is a requirement rather than an expectation that Local Plans identify and allocate sufficient land to meet the housing needs of older people.