London planning news, October 2018


London planning news, October 2018

01 Oct 2018



Headline news


London Plan EiP Panel publishes Draft List of Matters and Participants

On 13 September, the London Plan EiP Panel published the Draft List of Matters and Participants for consideration at the Examination; the current expectation is that the EiP will begin early next year.
The participants detailed in the Draft List include a range of local authorities, large house builders, industry bodies and housing associations, alongside a variety of civic organisations, and special interest, lobby and campaign groups.
The Draft List of Matters details the questions and topics that the Panel is considering for the EiP hearing sessions. They follow and expand on the Panel’s Preliminary Questions to the Mayor (published in August), and are informed by the Mayor’s subsequent responses (also now been published).
The almost one hundred potential matters highlighted by the Panel cover a wide range of topics in the draft London Plan, including the Duty to Cooperate, housing requirement, small sites and small housing developments, and car parking.
Representations concerning the Draft List of Matters and Participants must be submitted by 11 October 2018. The final List of Matters and Participants will be published no later than six weeks before the Examination opens (the current expectation being w/c 5 November).

EiP Panel, Panel Note 3: Draft List of Participants and Matters for Consideration at the Examination in PublicEiP Panel, Panel Note 3: Annex 1 Draft Matters for consideration at the Examination in Public EiP Panel, Panel Note 3: Annex 2 Draft List of Participants Mayor of London, The Mayor’s responses to the Panel’s Preliminary Questions EiP Panel, London Plan Provisional Timetable 2018-19



Quote of the month

… sites of ten or few units are the main source of supply and play an important role in contributing to affordable housing delivery. In view of these circumstances, the Mayor is supportive of the inclusion of policies requiring affordable housing from minor developments in Development Plans.
The Mayor’s response to the draft New London Plan Examination in Public (EiP) Panel’s Preliminary Questions on affordable housing requirements for small sites and small housing developments

MCIL2: EiP update

The Greater London Authority (GLA) has published two new documents relating to the planned update for the Mayoral Community Infrastructure Levy (MCIL2).
MCIL2 is to supersede the current levy and will be used to support the funding of Crossrail 2, the new north-south rail link for London which will run from Surrey to Hertfordshire.
The first of the documents is the statement made by Jules Pipe, Deputy Mayor for Planning, Regeneration and Skills during the MCIL2 Examination in Public, on 11 September. In the statement, he sets out the critical role that MCIL1 has played in delivering funding for Crossrail 1, without hampering development or economic growth within the capital.
The statement also clarifies, that ‘if Crossrail 2 were not to go forward, the Mayor would use MCIL2 funds for alternative strategic transport infrastructure’.
The second document provides an update on the progress of Crossrail 2 negotiations, noting that four funding streams will ‘remain at the core’ of the GLA/Transport for London (TfL) proposed funding package. These are:

• The Crossrail 2 net operating surplus;
• Over-station development;
• A continuation of the Business Rate Supplement; and
• MCIL2.
MCIL2 charging is due to commence on 1 April 2019, subject to Examiner and Mayoral approval.

Mayor of London, Text of statement made by Jules Pipe, Deputy Mayor for Planning, Regeneration and Skills to the MCIL2 Examination on 11 SeptemberMayor of London, Mayoral CIL 2. Examination in Public. Update on progress of Crossrail 2 negotiationsMayor of London, Mayoral Community Infrastructure Levy


Westminster Council wins judicial review against Transport for London

On 14 September, judicial review was granted of a Transport for London’s (TfL) decision to begin the construction of a new section of the Cycle Super Highway (CS11), between Swiss Cottage and Portland Place.
Whilst Swiss Cottage is outside the City of Westminster’s boundaries, the Council’s concerns lay with the knock-on impact that traffic would have on roads for which it is the statutory highway and traffic authority. Westminster Council’s approval for the scheme was required; it argued however that TfL had not provided adequate traffic modelling, or details of the mitigation measures needed for the authority to make an informed decision.
During the judicial review, TfL argued that in light of the statutory background of the Greater London Act 1999, the body was entitled to proceed in expectation that the City of Westminster would ‘fall into line’.
The Judge concluded that in deciding to begin construction of CS11, TfL’s decision was legally flawed because it did not take into account as a relevant consideration that Westminster had not agreed to the Avenue Road and Portland Place parts so that the entire scheme could not be delivered.
TfL are reported as considering appealing the decision; the City of Westminster are reportedly calling on TfL to work collaboratively before proceeding with construction. 

R on the application of City of Westminster and Transport for London and Others

Housing Infrastructure Fund – Forward Funding: Mayoral decision

On 10 September, Mayor of London Sadiq Khan signed a Mayoral Decision (MD), approving two business cases as part of the competitive bidding process for the Government’s Housing Infrastructure Fund – Forward Funding.
Launched in July 2017, the £5 billion Housing Infrastructure Fund is a government capital grant programme aimed at supporting authorities to deliver infrastructure that will help unlock sites for housing in high demand areas.
Under GLA Financial Regulation 26.2, applications for external funding of £500,000 or above must be first approved by the Mayor. The business cases put forward relate to the following schemes:
  • Old Oak – Delivering London’s Largest Opportunity Area; and
  • Docklands Light Railway – Accelerated Growth Programme.
The Government will announce the first successful Forward Funding schemes at the Autumn Budget (i.e. 29 October). A further round of business cases is currently being developed for submission in December.
Alongside the approval of the business cases, the MD also approved the in-principle provision of cash flow funding and affordable housing grant to support the delivery of the Old Oak and Park Royal Development Corporation’s Old Oak North Programme.

Mayor of London, Housing Infrastructure Fund – Forward Funding



The Lichfields perspective

The Draft List of Matters to be considered at the London Plan EiP includes many of the questions that stakeholders have raised, ever since the draft Plan’s publication for consultation. Of particular interest are the Mayor’s responses to some of the Preliminary Questions that the Panel has raised, specifically in terms of where the draft Plan seems to be inconsistent with national policy - affordable housing requirements for minor developments and the application of Vacant Building Credit being two good examples. Furthermore, the delayed start of the EiP now means that the publication date for the final London Plan is likely to be very close to the next Mayoral election; any more delay could even put the Plan’s final publication in jeopardy.
Giorgio Wetzl, Policy Researcher


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