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Contents
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Proposed temporary change to Technical Advice Note 1 to amend five-year housing land supply having ‘considerable’ weight
On 10 May, the Welsh Government launched a consultation document exploring the possibility of temporarily dis-applying paragraph 6.2 of Technical Advice Note 1 (TAN 1).
The Welsh Government’s proposal would remove the reference to attaching ‘considerable’ weight to the lack of a five-year housing land supply as a material consideration, in the determination of planning applications for housing. As specified in the consultation document, this temporary dis-application would last ‘for the duration of a wide-ranging review of the delivery of housing through the planning system which it is proposed to undertake this summer’.
The proposal comes as the monitoring of housing land supply across Welsh local planning authorities (LPAs) has highlighted a shortfall in deliverable land; as of 1 April 2017, nineteen out of twenty-five welsh LPAs were unable to demonstrate a five-year housing land supply.
The consultation closes on 21 June.
For further details on this consultation, and on Planning Policy Wales Edition 10, please see the latest
Lichfields Insight Focus.
Welsh Government, Technical Advice Note 1: Temporary dis-application of paragraph 6.2, Consultation Document
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Quote of the month
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To alleviate some of the immediate pressures on local planning authorities when dealing with speculative planning applications for housing and to allow them the capacity to focus on LDP preparation and review, it is proposed to temporarily dis-apply paragraph 6.2 of TAN 1 to remove the reference to attaching “considerable” weight to the lack of a five-year housing land supply as a material consideration in determining planning applications for housing.
Welsh Government consultation document, referring to Technical Advice Note 1 and the proposed temporary dis-application of paragraph 6.2 |
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Welsh Government launches consultation on the consolidation of the Use Classes and General Permitted Development Orders
On 31 May, the Welsh Government launched a consultation on the consolidation of the Town and Country Planning (Use Classes) Order 1987 and Town and Country Planning (General Permitted Development) Order 1995.
Through the consultation documents the Welsh Government has set out its intention to revise the Use Class Order to reflect disparities between uses currently falling within the same use classes. Of most significance, proposed changes to the Use Classes Order would see existing Use Class A3 (Food & Drink) divided into three separate classes: A3 (Cafe & Sandwich Bars subject to opening hour restrictions); A4 (Drinking Establishments & Restaurants) and A5 (Hot Food Takeaways including Drive Through Restaurants).
The consultation also proposes to remove the need for planning permission for some minor developments to allow the planning system to concentrate on more complex development proposals. Planned changes to permitted development rights include those affecting householder development, minor operations, houses in multiple occupation, statutory undertakers, demolition of buildings, fixed-line broadband services, renewable energy generation and small scale hydropower.
The consultation ends on 24 August 2018.
Welsh Government, Subordinate legislation consolidation and review, consultation document
Enterprise Zones yet to demonstrate their value, committee said
The National Assembly for Wales’ Economy, Infrastructure and Skills Committee has published a report following its inquiry into Enterprise Zones in Wales.
The ‘Enterprise Zones, boldly going?’ report provides a mixed picture about the success of the eight Welsh Enterprise Zones established since 2012, and on which more than £220m has been spent overall.
Among its recommendations, the Committee calls for further information to be released by the Welsh Government, returning to annual reports for each Enterprise Zone with clear data attached and details of the support they have received, both directly and indirectly.
The Chair of the Economy, Infrastructure and Skills Committee, Russell George, commented:
‘[…] any future regional approaches to economic development will require clear and realistic goals accompanied by detailed, transparent and appropriate data for monitoring. Enterprise Zones have been a series of place-based experiments and we believe they will continue to merit further study over the coming years.’
National Assembly for Wales, Enterprise Zones are yet to prove their value says committeeNational Assembly for Wales, Economy, Infrastructure and Skills Committee, ‘Enterprise Zones, Boldly going?’ report, May 2018
General Permitted Development Order amendment to fixed line broadband rights
On 4 May, the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2018 was laid before the National Assembly for Wales.
The amendment relates to paragraph A.2 (4A) of Part 24 of the General Permitted Development Order (GPDO) and has the effect of extending the date for prior approval not being requested for fixed line broadband apparatus (such as cabinets, telegraph poles, and lines). The prior approval relaxation, which was due to expire at the end of May 2018, has now been extended for another year to 30 May 2019.
The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2018Chief Planner letter, Town and Country Planning (General Permitted Development) (Wales) (Amendment) Order 2018. Provision of fixed line broadband apparatus without prior approval on Article 1(5) land
£160m loan to support SME house builders
The Welsh Government has announced the launch of the Stalled Sites Fund, a £160m loan fund aimed at supporting small and medium-sized builders in unlocking stalled sites.
2015 research cited by the Welsh Government identified nearly 400 sites across Wales, capable of delivering around 7,600 homes, where development had stalled for different reasons, relating to pre-development works, economic viability, and/ or funding.
Housing and Regeneration Minister, Rebecca Evans, said:
‘We know that many SMEs moved away from house building following the recession ten years ago and have not returned to development. I believe this fund can help them to do this, ensuring a diverse housing sector and more homes being built.’
Welsh Government, Up to £160m to unlock stalled sites for SME house builders
New online planning application service for Wales launched
On 29 May, ‘Planning Application Wales’ was launched, providing a new dedicated online application service for Wales.
The online service can be accessed on the Welsh Government website.
Planning Applications Wales web serviceWelsh Government, Planning Application Wales, online portal
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The Lichfields perspective
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Increasing delivery of market and affordable housing is critical to the economic and social well-being of communities throughout Wales. Ensuring development plans are kept up-to-date through timely reviews is essential to this and more should be done to ensure that momentum is maintained and that the preparation of SDPs is not used to excuse inaction. TAN1 provides advice on the JHLAS process, which is a tool to monitor housing supply. If implemented, the proposed disapplication of paragraph 6.2 of TAN1 will reward those authorities that are failing to take positive steps to boost housing delivery and plan preparation. It will undermine the achievement of a necessary step change in housing delivery, whilst also ushering in a range of unintended consequences
Helen Ashby-Ridgway, Associate Director
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Disclaimer: This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116