England planning news, April 2018
03 Apr 2018
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Headline news |
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Prime Minister launches revised NPPF to improve the delivery of new homes
A major overhaul of the National Planning Policy Framework (NPPF) has been launched, the intention being to deliver the homes that England needs. Optimising the use of land, creating well-designed places, strengthened protection for the Green Belt and a greater emphasis on converting planning permissions into new homes are all at the heart of the new draft Framework.
Local authorities will have to satisfy a housing delivery test, focused on driving up the number of homes completed in their areas, in addition to using a new standardised methodology for ‘determining the minimum number of homes needed […] unless there are exceptional circumstances that justify an alternative approach’.
To provide increased certainty for the development industry, the new draft national policy also intends that plans should set out the contributions expected in association with particular sites and types of project. Draft planning practice guidance to accompany the new Framework refers to developer accountability and transparency in the context of viability assessments, in order to enable communities ‘to understand the outcomes of viability assessment and see what infrastructure and affordable housing has been delivered through developer contributions’.
DCLG, National Planning Policy Framework, 2012MHCLG, National Planning Policy Framework, draft text for consultation, 5 March 2018Prime Minister's Office, 10 Downing Street, Theresa May’s speech on making housing fairer, 5 March 2018MHCLG, Draft Revised National Planning Policy Framework: consultation proposals, draft text, and associated documents including draft planning practice guidance and ‘Housing Delivery Test: draft measurement rulebook’Lichfields, ‘National Planning Policy Framework Review: what to expect?’ (focusing on the then most anticipated elements of the subsequently published draft)Lichfields, ‘Draft revised National Planning Policy Framework: a change in narrative’, (a post-publication blog, covering draft policies not included in the blog above)
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Quote of the month |
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| Foreign Secretary Boris Johnson’s Brexit speech, 14 February 2018 | ||
Law |
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Secondary legislation
Expansion of change of use permitted development rights
On 12 March 2018, the Government announced an expansion of permitted development rights (PDRs) for the conversion of agricultural buildings to new homes, and a one-year extension to the temporary PDR allowing the conversion of storage and distribution uses to housing. The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2018 was laid on the same day.
These latest amendments to the 2015 Order include:
- extending the temporary period for the Schedule 2, Part 3 (changes of use), Class P use class B8 storage to residential PDR, with prior approval having to be obtained by 10 June 2019, and with completion within 3 years of the prior approval date;
- increasing the maximum PDR floorspace limit of agricultural to residential conversions allowed from 450sqm to 465sqm, and allowing the number of dwellings permitted to be up to 3 'large' or 5 'small' homes (or a combination of the two within 465sqm and subject to other criteria);
- clarifying that Schedule 2, Part 3 (changes of use) Classes C, M and N (retail/casino/amusement arcade/pay day loan etc. to residential PDRs) do not provide a PDR for works only, without a change of use;
- a technical change, introducing a ‘modified procedure’ regarding PDR prior approval applications, to provide time for the Secretary of State (SoS) to consider call in to determine the proposal, ‘as appropriate'; and
- points of clarification and amendments to some definitions, notably to revise that of ‘building’ in Article 2(1) (‘Interpretation’) to add Classes P (storage or distribution centre to dwellinghouses) and PA (premises in light industrial use to dwellinghouses) to the list of classes for which the definition of ‘building’ does not include any part of a building.
The provisions come into force on 6 April 2018.
The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2018Explanatory Memorandum
Changes to rules for compulsory purchase procedures
Following on from a 2015 DCLG consultation on improving the compulsory purchase process, the Housing and Planning Act 2016 included provisions relating to the SoS publishing timetables setting out the steps to be taken by confirming authorities in confirming a compulsory purchase order (CPO), and a requirement to publish an annual report to Parliament, setting out the extent to which confirming authorities had complied with any such published timetable.
A further consultation (in early 2017) sought views on the criteria to be used to delegate the decision on whether to confirm a non-ministerial CPO to an inspector and the timescales for issuing a decision on delegated cases.
The Housing and Planning Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2018 bring into force a number of provisions in the Housing and Planning Act relating e.g. to time limits for CPOs and claims for compensation. The Neighbourhood Planning Act 2017 (Commencement No. 4 and Transitional Provisions) Regulations 2018 bring into force s38 of the Act, which also makes changes to claims for compensation.
The Compulsory Purchase of Land (Written Representations Procedure) (Ministers) (Miscellaneous Amendments and Electronic Communications) Regulations 2018 and the Compulsory Purchase (Inquiries Procedure) (Miscellaneous Amendments and Electronic Communications) Rules 2018 give effect to the above referred-to procedural changes for delegated cases; they come into effect on 6 April 2018.
HM Treasury and DCLG, Improving the compulsory purchase processHM Treasury and DCLG, Technical consultation on improvements to compulsory purchase processes (2015)HM Treasury and DCLG, Technical consultation on improvements to compulsory purchase processes: Government response to consultation (2015)MHCLG, Compulsory purchase orders streamlining: delegated decisions and timescales for decision, Government response to consultation (2018)The Housing and Planning Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2018The Neighbourhood Planning Act 2017 (Commencement No. 4 and Transitional Provisions) Regulations 2018The Compulsory Purchase of Land (Written Representations Procedure) (Ministers) (Miscellaneous Amendments and Electronic Communications) Regulations 2018The Compulsory Purchase (Inquiries Procedure) (Miscellaneous Amendments and Electronic Communications) Rules 2018
Post-examination modifications to neighbourhood plan found lawful
The Court of Appeal has upheld a decision of the High Court regarding post-examination modifications made to the draft Linton Neighbourhood Plan (‘the Plan’) by Leeds City Council (‘Leeds’), prior to referendum.
Kebbell Developments Ltd. (‘Kebbell’) owns an interest in the access to ‘The Ridge’ on the edge of Linton. The Ridge was removed from the Green Belt in 2001; in the 2006 Unitary Development Plan, it was identified as a ‘Protected Area of Search’ (i.e. land where development that might prejudice the long term development prospects of the site should not be permitted). It retained this designation in the adopted Core Strategy in 2014 (and a similar designation in a 2015 draft Site Allocations Plan).
The Plan went to examination in 2015. It included policy B2 which stated that ‘The Ridge’ would continue to be protected from development until its future was decided via the Local Plan following a Green Belt review, and included an aspiration to return all or part of the site to the Green Belt.
The Ridge’s landowner (i.e. not Kebbell), made representations to the examiner to the effect that draft Neighbourhood Plan policy B2 would undermine the status of the site as a ‘Protected Area of Search’. The examiner concluded that the Plan would meet basic conditions, subject (inter alia) to the deletion of policy B2 and all associated text.
Leeds City Council went further than simply deleting the policy and the text, by also adding text to another part of the Plan (where there had been a cross-reference to policy B2), referring to the site’s designation in the UDP and explaining why ‘The Ridge’ might not be suitable for development (‘para 84’).
The Plan’s referendum took place, but it has not yet been made.
Kebbell challenged Leeds’ decision to put the Plan to referendum; it argued that Leeds had gone ‘too far’ by the wording inserted in para 84. The Court of Appeal considered whether departing from the examiner’s recommendations was lawful, whether the reasons given for its modifications were sufficient and if they should have been consulted on.
Lord Justice Lindblom concluded:
- a local planning authority’s power to modify a neighbourhood plan should not be interpreted too narrowly, and whether modifications are required and the form they should take requires planning judgment;
- the power to correct errors is not simply in relation to typographical errors, but includes corrections required to achieve accuracy and consistency; the local planning authority has a wide discretion judging what errors need correcting;
- in this case the examiner had been concerned at ‘the clashing’ between the Plan and Leeds’ strategic policies, but he did not conclude that the Plan should avoid referring to the parish council’s view on specific sites;
- Leeds’ modification did not add new policy, and avoided leaving para 84 incomplete (given the reference to policy B2); and
- the modification did not need a specific explanation of its own. And with regard to the need to consult, given the ‘carefully framed’ provision for consulting on a neighbourhood plan set out in legislation, there was no common law duty to consult on the modification.
Kebbell Developments Ltd v Leeds City Council (2018)Leeds City Council, Draft Linton Neighbourhood PlanLeeds City Council, Linton Neighbourhood Plan, Examiner’s Report, August 2015
Proposed legislation
‘Supporting housing delivery through developer contributions’: new consultation proposes changes to planning obligations and CIL
An MHCLG consultation on developer contributions launched alongside the new draft NPPF follows on from announcements at Autumn Budget 2017. The Government is seeking views until 10 May on a series of reforms to the existing system of contributions in the short term; the intention is that the proposed reforms will ‘benefit the local authorities who administer them, developers who pay them and the communities in which development takes place’.
The proposals that are of particular note - all of which would require changes to legislation - are as follows:
- streamlining requirements for setting/reviewing community infrastructure levy (CIL) charging schedules;
- removing s106 pooling restrictions (for authorities that have adopted CIL, or that satisfy other requirements);
- allowing CIL to be based on the existing use of land;
- introducing a ‘Strategic Infrastructure Tariff’, for combined authorities, and joint committees with plan-making powers; and
- indexation being linked to house prices, or CPI/CPI and a factor of house prices for non-residential development.
The consultation makes it clear that the Government:
‘[…] will continue to explore options to create a clearer and more robust developer contribution system that really delivers for prospective homeowners and communities accommodating new development.’
And in the longer term:
‘[…] the Government will continue to explore options for going further. One option could be for contributions to affordable housing and infrastructure to be set nationally, and to be non-negotiable.’
The proposed reforms have been informed by the independent report of the CIL Review Group (February 2017), as previously reported by Lichfields, and a research ‘Report of Study’ that was published alongside the consultation. This latest report provides a number of key findings regarding the operation and value of CIL and s106 obligations across England. For example, despite CIL having been introduced in 2010, 85% of the value of planning obligations and CIL levies in England is from negotiated s106s – only 39% of authorities were charging CIL by the end of 2017.
MHCLG, Supporting housing delivery through developer contributions: consultationMHCLG, Section 106 planning obligations and the Community Infrastructure Levy in England, 2016 to 2017: report of study: The Incidence, Value and Delivery of Planning Obligations and Community Infrastructure Levy in England in 2016-17Lichfields Planning News March 2017, report of the independent CIL Review Group (page 7)
Policy |
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Government policy and guidance
Spring Statement 2018, financial support to boost house building
The Government’s Spring Statement was made on 13 March; it included pledges on investment in infrastructure and housing, in the form of steps intended to support the delivery of more homes.
Funding announcements included:
- £100 million to help support – via land acquisition and preparation - the Mayor of the West Midlands’ plan to deliver 215,000 homes by 2030/2031 (the ‘West Midlands Housing Deal’);
- support via the Housing Infrastructure Fund for whichever of the 44 shortlisted Housing Growth Area bids (as subsequently announced on 21 March, alongside the Greater Manchester and West of England housing packages, and the Oxfordshire Growth Deal) are selected;
- confirmation of a £1.67 billion funding package for London to build affordable housing. This would be for 26,000 more affordable homes (including social rent and London Affordable Rent, flexible shared ownership and rent to buy). This would bring total funding for affordable housing in London to £4.8 billion; and
- £60 million investment to boost the Housing Growth Partnership Fund, in support of small and medium-sized housebuilders.
HM Treasury, Spring Statement 2018Lichfields’ Economic Outlook Spring Forward MHCLGGovernment investment to unlock more homes across England
Sport England updates playing fields planning guidance
Sport England has revised its Playing Fields Policy and Guidance, consolidating all relevant guidance into a single document.
‘Playing Fields Policy and Guidance’ replaces ‘Planning Policy Statement: A Sporting Future for the Playing Fields of England’.
Amongst amendments are definitions for several key terms used in the policy and exceptions, and Sport England’s interpretation of them, and an indication of how Sport England’s playing fields policy relates to Government planning policy (and draft planning policy) on the protection of playing fields.
Sport England, Playing Fields Policy and GuidanceSport England, summary of the changes between Playing Fields Policy and Guidance and Planning Policy Statement: a Sporting Future for the Playing Fields of England
Historic England guidance on wall paintings
Historic England published guidance on 20 March on working with wall paintings on and within historic buildings. The guidance covers how to assess buildings for the potential survival of historic painted decoration. It also explains the steps that should be taken when they are discovered, together with information on who to contact for assistance.
The guidance stresses how any decisions on the treatment of newly discovered wall paintings ‘will have a direct impact on the fabric of the building’, adding:
‘It is necessary to notify the local planning authority or the appropriate ecclesiastical authority at the earliest opportunity.’
Historic England, Wall paintings, anticipating and responding to their discovery
Draft revised NPPF: themes and the detail on housing and other land uses
Lichfields has published a series of blogs on the draft NPPF’s themes and proposed policies for different land uses.
In addition, the Lichfields’ Insight Focus on the draft revised NPPF provides an overview and commentary on the housing-related policy proposals of the NPPF, including:
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the staged introduction of a standard methodology for identifying local housing need;
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the housing delivery test;
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the Statement of Common Ground (that in effect would document steps taken in the Duty to Cooperate);
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viability and developer contributions at plan-making stage; and
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the allocation of housing sites for achieving a sufficient supply of land for new homes.
Lichfields Insight Focus, Draft Revised National Planning Policy FrameworkLichfields blog, NPPF consultation proposals – what could they mean for town centres?Lichfields blog, NPPF consultations – what could they mean for designers?Lichfields blog, Draft NPPF: heritage policy is conserved…Lichfields blog, Draft NPPF: implications for aviation?Lichfields blog, Draft NPPF: ‘business as usual?
Draft planning practice guidance on viability and housing matters
Following the launch of the draft NPPF and developer contributions’ consultations, MHCLG published draft Planning Practice Guidance on:
- Viability (also published as a separate draft, on 5 March);
- Housing delivery;
- Local housing need assessment;
- Neighbourhood plans;
- Plan-making; and
- Build to rent.
No formal consultation deadline is given for the submission of comments although it is assumed that responses should be made as for the main consultations i.e. by 10 May.
Letwin Review - market absorption rates 'fundamental' to slow build out
On 13 March and alongside the Spring Statement, an interim report from the Independent Review of Build Out, led by Sir Oliver Letwin MP, was published.
As reported on the same day by Lichfields, the Update explains how and why Letwin has considered ‘exclusively the question why, once major housebuilders have obtained outline planning permission to build large numbers of homes on large sites, they take as long as they do to build those homes’. He goes on to identify that the ‘absorption rate’ (i.e. the rate at which homes can be sold), is the ‘fundamental driver’ of build out. He acknowledges that the absorption rate is largely determined by the type, (including ‘size, design, context and tenure’) and pricing of new homes, and the limited opportunities for other housebuilders to enter large sites putting large housebuilders ‘in a position to exercise control over these key drivers of sales rates’.
Accordingly, Sir Oliver Letwin raises further questions that he is to investigate in the coming months, relating to:
- how the absorption rate would be affected if large sites were to be ‘packaged’ in ways that foster the delivery of different products;
- what would happen to absorption rates if the reliance on large sites were to be reduced; and
- what implications a different absorption rate would have on the current business models of major housebuilders.
Finally, the Update concludes that he will also ‘investigate what effect faster build out rates would be likely have on the ‘land banks’ held by major builders’.
The results of his analytical work are expected by the end of June in the form of a Draft Analysis; recommendations in a final report will be produced in time for the Autumn Budget.
HM Treasury and MHCLG, Independent review of build out: preliminary update, Sir Oliver Letwin's interim report to the Chancellor of the Exchequer and the Secretary of State for Housing, Communities and Local GovernmentLichfields’ Economic Outlook, Spring Forward
Housing Secretary updates councils already at risk of local plan intervention
Housing Secretary Sajid Javid has made a Written Ministerial Statement and once again written to the 15 local authorities that were first put on notice in November last year that the Government had begun the formal process of intervention in their local plans.
The councils are: Castle Point; Wirral; Thanet; Northumberland; St Albans;, Brentwood; Mansfield; Calderdale; Eastleigh; Basildon; Bolsover; North East Derbyshire; Runnymede, York; and Liverpool.
This time, the SoS has advised each authority of what the next step for that council will be:
- in Castle Point, Thanet and Wirral, the Government’s Chief Planner and a team of experts will assess whether the Government needs to take over the process of producing the local plan;
- in Northumberland, the Government has instructed the Council to produce their plan earlier and to make the timetable clearer; and
- For Basildon, Bolsover, Brentwood, Calderdale, Eastleigh, Mansfield and St Albans, where the councils have all committed to publishing draft plans before the end of September 2018, the Government has made clear that it will monitor their progress and that any further significant delay to meeting this timescale will lead to the case for intervention being reconsidered.
Liverpool, North East Derbyshire, Runnymede and York have now ‘published their plans’. These authorities have been advised as follows, by the Housing Secretary:
‘I will continue to monitor your progress closely and any further significant delays in meeting your timetable will cause me to have considerable doubt as to whether your Council is doing everything that is necessary in connection with the preparation of its Local Plan. I will not hesitate to consider how to use the full range of powers Parliament has given me to ensure that a Plan is in place.’
Communities Secretary’s letter, local plan intervention (November 2017)Local Plan Intervention: Written Ministerial Statement (26 March 2018)Housing Secretary’s letters, local plan intervention (March 2018)
Government should audit local plans to help improve air quality
On 15 March, the House of Commons Environment, Food and Rural Affairs, Environmental Audit, Health and Social Care, and Transport Committees published their joint report on improving air quality.
The Committees’ planning-related conclusions and recommendations to Government are directed at a wider ‘step change’ in policy and include:
- improving public transport and providing incentive packages that reduce the need for private vehicles – both must form a key part of Defra’s approach to the proposed Clean Air Strategy;
- Greater ‘inter-disciplinary involvement in urban planning and collaboration across local authorities is needed to ensure that air pollution, congestion, obesity and a range of public health issues are tackled through joined-up initiatives’;
- the Government should give additional priority to the funding of infrastructure projects which will help to meet air quality objectives;
- local authority efforts to collaborate on addressing air pollution are welcomed and MHCLG ought to be playing a more active role in supporting greater co-ordination; and
- more robust air quality policies should be included in all local plans. MHCLG should audit local plans for authorities with NO2 exceedances to assess whether the NNPF ‘is doing enough to encourage effective action on air quality’. MHCLG should inform the Committees of its findings in response to the Report.
Government responses
Draft NPPF and PPG reflect Government response to consultation responses to ‘Planning for the right homes in the right places’
Published alongside the draft revised NPPF and other associated documents on 5 March, MHCLG’s response to submissions on the ‘Planning for the right homes in the right places’ consultation in large part highlights how the draft Framework and planning practice guidance that accompanies it reflect the views of consultees.
In addition, reference in the Government response is made to how:
- the proposed standard approach to assessing local housing need will be kept under review;
- the Government has decided not to take forward ‘a simple formula-based approach’ to apportioning housing need to neighbourhood areas; and
- the impact of the 20% application fee increase that was introduced on 17 January on the resourcing and performance of local authorities will be assessed, in relation to the Government considering any further fee increase.
MHCLG, Government response to the planning for the right homes in the right places consultation
Government response to the housing White Paper consultation: Fixing our broken housing market
Also published on 5 March was the Government’s response to consultation submissions on the Housing White Paper, ‘Fixing our broken housing market: consultation’. The consultation, which closed on 2 May last year, set out 38 principal consultation questions. The Government’s response refers comprehensively to the draft NPPF proposing changes to the current Framework that reflect White Paper submissions.
In addition, the Response:
- states that the Government is ‘proposing to introduce planning appeal fees’ and how it is intended that there will be a consultation on the detail of the proposal ‘later this year’;
- refers to legislation to strengthen early engagement on plan-making that will come into force on 31 July 2018 (s6 (assistance in connection with neighbourhood planning) and s13(2) (statements of community involvement) of the Neighbourhood Planning Act 2017, and the Neighbourhood Planning Act 2017 (Commencement No. 3) Regulations 2018);
- highlights the changes to PDRs for agricultural building conversions to new homes that come into force on 6 April;
- mentions the Town and Country Planning General (Amendment) (England) Regulations 2018, which came into force on 23 February 2018, empowering local authorities to dispose of their own land with planning permission;
- states (without giving any details) that the Government will ‘look further’ at changes to the formal consultation stages of plan-making;
- makes reference in passing to the awaited Social Housing Green Paper;
- confirms that implementing completion notice proposals that require changes to primary legislation will be ‘when a legislative opportunity arises’;
- confirms that recently consulted-on regulations to enable the creation of locally-led New Town Development Corporations will be laid, when Parliamentary time allows; and
- makes mention how the Government ‘will continue to explore the opportunities to increase transparency around housing delivery’, alongside work on developer contributions
MHCLG, Fixing our broken housing market: consultationMHCLG, The New Towns Act 1981 (Local Authority Oversight) Regulations: consultation
Government response to Select Committee report on disability and the built environment
The Government responded on 15 March to a report published by the House of Commons Women and Equalities Committee, looking at issues relating to disability and the built environment. The report specifically looks at the extent to which disability-related needs are considered and accommodated in the built environment, and considers ‘whether more could be done to increase the accessibility and inclusivity of both new and existing properties and spaces’.
In response to the Committee’s conclusions and recommendations, the Government refers extensively to the draft revised NPPF. Reference is also made to the recent planning application fee increase with regard to resources - and to the Planning Inspectorate having provided advice to local plan inspectors in May last year and having updated its advice in the Inspector Training Manual last June, in light of the-then emerging recommendations from the Committee. This advice is to the effect that inspectors should ensure that plans are:
‘[…] founded on an inclusive design approach, and specifically that no local plan documents are to be judged ‘sound’ without evidence that they address access for disabled people in terms of housing, public spaces and the wider built environment.’
MHCLG, Disability and the built environment: government response to select committee report House of Commons Women and Equalities Committee, report on disability and the built environment
Sajid Javid uses speech at NPPF conference to announce appeal inquiry review
On 5 March, Housing Secretary Sajid Javid spoke at the NPPF conference and used his speech to announce an 'end-to-end review' of the planning inquiry process, the aim being to halve the time taken to reach decisions.
With reference to ‘ensuring that swift and fair decisions are made at appeal’, Javid said:
‘That’s why I will shortly announce an end-to end review of the planning inquiries process. This review will have one objective: to determine what it would take to halve the time for an inquiry on housing supply to be determined […] ensuring swift and fair decisions are made.’
MHCLG, Sajid Javid's speech at the National Planning Policy Framework conference
Review of starter homes
In response to a Written Parliamentary Question on first time buyers, Housing Minister Dominic Raab said on 8 March that there still remains funding for the Starter Home Land Fund but this is being reviewed, following the announcement of a new £1.1 billion land assembly fund in the Autumn Budget.
He continued:
‘This change in the starter homes budget will reduce the number of starter homes expected to be delivered through funding compared to the original estimates. But, as the Housing White Paper made clear, the Government’s aim is to ensure young people have a range of housing products they can choose from to support their aspiration into home ownership, including Help to Buy, shared ownership and rent to buy, as well as discount market sales like starter homes. The additional funding for the affordable housing programme is expected to deliver at least 25,000 additional affordable homes, including homes at a social rent.’
House of Commons: first time buyers, written question
Accelerated Construction Programme refocused
In another Parliamentary Written Answer of 8 March, Housing Minister Dominic Raab said:
‘We are finalising the details of the new refocused Accelerated Construction Programme to ensure that it will deliver additional houses whilst also freeing up cash to maximise support for our wider housing priorities including investing £9 billion into building more affordable homes and an additional £2 billion targeted at social rent. Housing developments take time to move forward.’
House of Commons: housing, construction – written question
Funding for Build to Rent
In a Parliamentary Written Answer also given on 8 March on affordable housing construction, Housing Minister Dominic Raab noted that the Build to Rent Fund was closed to new applications in 2016. He added:
‘Prospective developers of housing built for rent may also apply to my Department for support under the Home Building Fund, which became operational in 2016.
In addition, our private rented sector housing debt guarantee scheme has approved approximately £1.5 billion of transactions [...]
The Build to Rent Fund is a loan fund made available in order to support and encourage investment in the build-to-rent housing sector. The fund received more financial transaction income in 17/18 than expected. In line with good financial management of public funds, this allowed the Department to return £52 million of funding back to HMT. The surrender has no impact on the delivery of affordable housing.’
House of Commons: affordable housing, construction – written question
Proposed policy
Integrated Communities Strategy Green Paper
The Integrated Communities Strategy Green Paper was published on 14 March; views are invited on ‘the Government’s vision for building strong integrated communities where people – whatever their background – live, work, learn and socialise together, based on shared rights, responsibilities and opportunities’.
Chapter 5 of the document – on ‘places and community’ - includes a number of place-based strategies relating to planning and the role it plays in encouraging social inclusion, health and the well-being of communities.
MHCLG, Integrated Communities Strategy Green Paper
Memorandum of Understanding on health and housing
25 government, health and built environment organisations - including NHS England, the Local Government Association, MHCLG and the RTPI - have agreed to joint action for better health and well-being outcomes.
Their National Memorandum of Understanding acknowledges that cross-sector partnerships are key to providing healthy homes, communities and neighbourhoods. It confirms that the right home environment is essential to health and well-being throughout a person’s life.
Public Health England, Improving health and care through the home: MoU
Government considers using planning to boost green home heating
On 19 March, the Department for Business, Energy and Industrial Strategy published a call for evidence on decarbonising household heating as part of its Clean Growth Strategy. It builds on the Government’s commitment to phase out the installation of high carbon fossil fuel heating in new and existing buildings off the gas grid, during the 2020s.
The call for evidence explains more on the uptake of ‘clean heating’:
‘Areas with suitable planning requirements, or with projects already aimed at improving fuel poverty, health, air quality or infrastructure, or decarbonisation, may be good places to support action on heat. This could involve working with local authorities to create a hub, offering support for local authorities or communities to develop projects, or offering subsidy through local authorities as a way of managing and targeting any future subsidy. Future reviews of the NPPF and the Planning Policy (sic) Guidance may provide an opportunity to encourage this sort of action at a local level.’
BEIS, A future framework for heat in buildings: call for evidence
Government announcements
Different approach to tackling flooding needed in future
In a speech made on 20 March at the annual Flood and Coast Conference, the Environment Agency's Chief Executive Sir James Bevan highlighted the need for a new approach to tackling flooding.
He referred to 3 ‘inconvenient truths’ regarding flooding and increasing risks, and spoke of 3 principles for how to manage flood and coastal erosion risk in the future:
‘First, do it together. Everyone needs to help meet this challenge: government, the Environment Agency, businesses, NGOs, local authorities, the emergency responders, communities, insurance companies, individual householders […]
Second principle for reducing flood risk in future: push all the buttons [...] And that means taking all the actions available to us. We will need to:
- Prevent people and property being put at flood risk in the first place […]
- Protect communities at risk with a more flexible mix of hard defences (flood walls, sea defences) and soft solutions such as natural flood management.
- Respond even quicker and better when floods threaten, by continuing to improve our preparations, forecasting, warning and managing incidents.
- Recover more quickly after a flood, repairing the damage, restoring the infrastructure and rebooting the local economy.
- Adapt our homes, businesses and cities so that we reduce the damage that floods can do, making our homes, businesses, infrastructure and services more resilient.
- Accept that there will be some flooding of land and some coastal erosion. We will need to make more space on land for flood water, otherwise much of it will end up in people’s homes. And on the coast, while we will want to hold the line against erosion wherever that is possible, affordable and desirable, we have to recognise that in places it won’t be. So where there is no realistic prospect of stopping coastal erosion we will need to continue to pursue managed retreat.
Third and final principle: think the unthinkable. How much flooding is the country really prepared to tolerate, and (another way to ask the same question) how much is it prepared to invest to reduce the risk?’
In conclusion, he referred to the new National Flood and Coastal Erosion Risk Management Strategy that the Environment Agency has in development; it will lead to a consultation on ‘a different approach to flood defence’.
Environment Agency, Ruling the waves: how to fight flooding in the 21st Century
Neighbourhood planning update
Government commits to further support for neighbourhood planning
It was announced by MHCLG on 19 March that ‘more communities across England will be able to get free access to expert advice and guidance to help make their neighbourhood vision a reality’.
A £23 million fund – being delivered by Locality and Groundwork – will help local groups to develop a neighbourhood plan. Community groups will be able to access a range of free help, including financial support and planning expertise, to guide them through the process of preparing a neighbourhood plan.
The maximum grant available has been increased by £2,000 to £17,000, ‘helping communities to access more resources to develop a plan for their area’.
Community groups can bid for funding from 3 April 2018.
MHCLG, Government commits to further support for neighbourhood planning
Notes on Neighbourhood Planning: No.20
MHCLG published its ‘Notes on neighbourhood planning: edition 20’ on 19 March. It provides updates on the provisions of the Neighbourhood Planning Act 2017 that came into force on 31 January (updating requirements for LPAs to notify neighbourhood planning groups on local planning applications, and making it easier to update neighbourhood plans and neighbourhood areas). It also covers areas of neighbourhood planning interest in the current consultation on the draft revised NPPF.
It reports that the 500th successful neighbourhood planning referendum was last December.
And John Howell MP is to continue in his role as a national neighbourhood planning champion, ‘following a request from ministers’.
MHCLG, Notes on neighbourhood planning: edition 20
Devolution update
Yorkshire mayoral authority plans submitted to Government
Proposals for a single mayoral combined authority for Yorkshire with planning and compulsory powers have been submitted to SoS Sajid Javid, by 18 of the 20 councils across Yorkshire.
West Yorkshire Combined Authority, Yorkshire Leaders submit One Yorkshire proposal
House of Commons Library briefing papers
The House of Commons Library has published briefing papers on the following topics:
- tackling the under-supply of housing in England;
- the progress of the Housing and Planning Act 2016; and
- affordable housing.
House of Commons Library, Stimulating housing supply – Government initiatives (England)House of Commons Library, Implementation of the Housing and Planning Act 2016House of Commons Library, What is affordable housing?
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The Lichfields perspective |
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| Jim Fennell, Chief Executive | ||
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