London planning news, April 2022

 

The Housing Minister, Stuart Andrew, has written to seven inner London Boroughs requesting they reconsider the introduction of Article 4 Directions that would cover the majority of London’s Central Activities Zone (CAZ).

The Article 4 Directions seek to restrict the new Class MA permitted development (PD) right which came into force in April 2021. The PD right allows for vacant commercial, business and leisure uses (Class E) to change to residential (Class C3), subject to prior approval.

In his letter to the RBKC (which is now available on the council’s website, see below), the Minister refers to Para 53 of NPPF, which advises states that Article 4 directions that relate to a change from a non-residential use to residential use should be limited to situations where this is necessary to avoid “wholly unacceptable adverse impacts”, and that in all cases these “apply to the smallest geographic area possible”.

The letter from the Minister states, that “with the exception of the City of London Corporation, the proposed Article 4 Directions have failed to take a sufficiently targeted approach to their assessment of the impacts of the permitted development right in each location. Such an approach is necessary to ensure Article 4 Directions meet the test that they should apply only to the smallest geographic area possible”.

Explanatory text within the London Plan says that the CAZ represents London’s “primary locations for commercial activity in the capital. These are complex parts of London, with a wide mix of uses and unique local character”. The area is defined as follows:

Interestingly, Policy SD5 (E) of the London Plan says: “the Mayor will work with boroughs and support them to introduce Article 4 Directions to remove office to residential permitted development rights across the whole of the CAZ and the Northern Isle of Dogs (and those parts of Tech City and Kensington & Chelsea lying outside the CAZ)”. The Mayor has not made a public response to the Minister, at the time of writing.

The Minister’s letter confirms that he has written ‘in similar terms’ to the London Boroughs of Camden, Lambeth, Southwark, Tower Hamlets, Wandsworth, and Westminster. The Article 4 Directions also applied to areas outside of the CAZ. These authorities have also applied Article 4 Directions for Class MA for shopping areas outside of the CAZ.

A statement on the RBKC’s website says the Council is currently considering the contents of the letter and what additional evidence will need to be provided.

 

The Mayor has published five draft pieces of London Plan Guidance (LPG) for consultation, regarding the interpretation and application of the policies within the London Plan. The documents seek to provide guidance over the design and quality of new housing developments, with one specifically focused on shared living.

These include:

• Characterisation and Growth Strategy
• Small Site Design Codes;
• Optimising Site Capacity: A Design-led Approach;
• Housing Design Standards; and
• Large-scale Purpose-built Shared Living Guidance.

The four relating specifically to design and character formed the draft Good Quality Homes for All Londoners Guidance, and were previously consulted on between October 2020 and January 2021. These have been revised, with each now representing a separate LPG.

The first of these, Characterisation and Growth Strategy LPG is intended to primarily assist local planning authorities (LPAs) and neighbourhood planning groups in undertaking characterisation assessments and formulating a growth strategy for their area. This is based on a four step process encompassing data collection, analysis and mapping. The Growth Strategy would then typically be expected to form part of the consultation document for a Local Plan. This would then support authorities and other parties produce Small Site Design Code and Larger Site Capacity studies.

The Small Site Design Codes LPG is aimed at LPAs in the preparation of design codes for small sites which are defined in guidance as being no larger than 0.25 hectare. This should focus on areas where small sites are expected to come forward, though also includes intensification of existing residential areas with higher connectivity. Examples of intensification include back-land, corner infill plots and rooftop extensions.

The Optimising Site Capacity LPG builds upon evidence gathered using the Characterisation and Growth Strategy guidance. This provides guidance for establishing the optimal design and capacity for large residential and mixed use sites. This document is expected to support applicants at the design stage of major projects, as well as supporting LPAs with the plan-making activities. Based on an assessment of the characteristics of a site, in terms of its connectivity, permeability and access, existing and built form, hierarchy of open spaces, layout and the appropriateness of existing and future infrastructure, the guidance encourages uses to establish a ‘vision’ for each site. This should seek to identify constraints and opportunities for the site, which will then inform more the more detail design parameters which will seek to guide future development proposals. The guidance encourages this work to be carried out during the pre-application stage and submitted as part of a planning application submission. 

The Housing Design Standards LPG is aimed at developers of residential schemes and provides specific guidance on how to achieve the policy requirements of the London Plan. This is split into three sections which advise on standards for the following three scales: Placemaking and the public realm; Shared spaces and ancillary facilities; and Homes and private outside space.

The consultation closed on 27th March 2022; for further detail on these documents, please see Adam Donovan’s recent blog on the topic.

Another blog by Adam Donovan, Guidance, Guidance and more Guidance, provides an overview of all of the recent and ongoing consultations on emerging London Plan Guidance, as well as a list of other items expected to emerge from the Mayor’s office.

In addition, the Mayor has now adopted two new pieces of London Plan Guidance, relating to the requirements for Whole Life-Cycle Carbon (WLC) Assessments and Circular Economy Statements. As we previously reported here, the Mayor consulted on these in October 2020.

The LPG on the circular economy seeks to ensure that circular economy principles are incorporated when designing new buildings, thus facilitating easier adaption of buildings over time. It also encourages the retention of existing buildings rather than demolition. Certain types of development will require circular economy statements to accompany planning applications. Circular economy statements should show how new developments will seek to conserve resources, while increasing resource efficiency, such as managing waste sustainably and retaining materials in their highest value use for as long as possible with a view of future re-use.

The LPG referring to WLC Assessments requires developments to show how they have calculated and minimised the carbon emissions that come from the materials, construction, and the use of a building over its entire life, including its eventual demolition and disposal. London Plan Policy SI 2 sets out a requirement for development proposals to calculate and reduce WLC emissions as part of a WLC assessment. A WLC assessment template has also been produced and is available here.

  

The Mayor has released a statement in response a new report from Lord Kerslake which looks at how the GLA Group can maximise the delivery of new housing in the London area.

The Kerslake report made 15 recommendations across the following areas:

• Oversight of the GLA Group housing delivery,
• GLA Group collaboration on housing delivery,
• City Hall as developer,
• LLDC transition, and
• Finance and funding.

The statement from the Mayor sets out how he intends to respond, confirming he is committed to implementing the Kerslake report’s recommendations, commenting they “will lay the path to enable a step-change in how the GLA Group collaborates and delivers new genuinely affordable homes for Londoners”.

The report from Lord Kerslake recommended the Mayor publishes a shared policy statement confirming his priorities for housing delivery on GLA Group land, to help ensure that 50% of all homes brought forward on public sector land are affordable. While this is already reflected in the London Plan, this has not always been applied, due to competing departmental demands of securing best value for land against the need to deliver new affordable homes.

The Mayor has since published a Statement of Shared Policy, which also been endorsed by other senior leaders across the GLA Group. “This statement reaffirms our collective commitment, within statutory powers, to deliver at least 50 per cent affordable housing through our residential developments. The GLA Group will use housing delivery to support my policy of Good Growth.”

The Kerslake report also recommended an expanded role for City Hall as developer. The Mayor has agreed to consolidate and expand the existing development activities across the GLA group, with a view for this to lead to a more direct role from the GLA in the delivery of new homes. A ‘City Hall Developer’ would be expected to work in collaboration TfL’s development company, Transport Trading Limited Properties Limited (TTLP).

The Mayor has since confirmed that this will be explored in more detail during the next Mayoral term, with the possibility of pilots to explore opportunities for direct provision of housing by the GLA. In the short term, this expanded role would focus on a more active approach to land assembly. This includes intervening where there is an identified market failure and clear value added from public sector intervention. The Mayor has confirmed he will accelerate existing proposals to establish a Centre of Expertise for Land Assembly.

The Mayor has also agreed to the report’s suggestions for re-organisation within the GLA, including the introduction of a new dedicated GLA Group housing delivery forum. In response, the Mayor has since proposed to introduce a new Homes for Londoners Board sub-committee to oversee GLA Group housing delivery. The sub-committee would oversee the GLA Group housing programme, including its future pipeline, and keeping its performance under review.

In related news, th­­­­e Mayor has confirmed that 11,061 new homes have been started by London Borough since 2018, marking the highest level of homes delivered by councils since the 1970s. Khan commented:

“When I launched City Hall’s first ever investment programme dedicated to council housebuilding, in 2018, I promised Londoners that we’d get work started on 10,000 council homes, and I’m proud to say that this pledge has been delivered”.

Camden Council has published a statement regarding its Intermediate Housing Strategy which sets out its position on First Homes. First Homes are a new tenure of affordable housing that was introduced by the Government in 2021, comprising discounted market sale homes which are sold at a discount of at least 30% of market value to first time buyers with a combined income no more than £90,000 in London.

The document reaffirms Camden’s existing Intermediate Housing Strategy and its position on affordable housing, which requires that 60% of affordable housing should be for social rent or London Affordable Rent, and 40% of affordable housing should be for intermediate rent. The statement says:

Camden’s statement follows on from a Practice Note from the Mayor published last July which outlines the various considerations which decision makers should give to First Homes when determining planning applications, covered in more detail in this Lichfields Planning Matters blog by Alan Hughes.

 

The Mayor has committed to working with the capital’ Registered Providers, following analysis by the GLA which revealed 15 per cent of social housing in London does not meet the Government’s Decent Homes Standard.

The Mayor commented:

“London’s housing crisis remains one of the greatest barriers to addressing the inequality we face in our city and I’m proud to have overseen record numbers of social and other genuinely affordable homes being started in London.

“However, while brand new high quality social rent homes are desperately needed, I’m determined we don’t forget those who are struggling in homes that do not meet basic standards. We need a step-change in approach as too many homes are still not in a decent condition”.