1. What gets permission and how do they get it
What gets permission and how do they get it? Recent changes in housing and development management Ed Turner Deputy Leader, Oxford City Council Senior Lecturer, Aston University 15th November2015

2. Contents Context Changes to affordable housing
Housing and Planning Bill – local development orders
Brownfield Register, “Deemed Consent” and “Zoning”
“Self-Build”
Changes to permitted development
Other DM changes
Is nothing sacred?

3. Context
What have been the biggest three changes in planning since you entered the profession?

4. Context Major changes to planning system: NPPF PPG
Neighbourhood planning
Replacement of regional spatial strategies with duty to co-operate
Clearer emphasis on plan viability, “presumption in favour of sustainable development”
Extension of permitted development
Partial replacement of S106 with CIL
“Designation” of poorly performing councils
But more to come – “planning is the problem?”

5. Changes to affordable housing
“For years, politicians have been talking about building what they call “affordable homes” – but the phrase was deceptive. It basically meant homes that were only available to rent. What people want are homes they can actually own. So today, I can announce a dramatic shift in housing policy in our country. Those old rules which said to developers: you can build on this site, but only if you build affordable homes for rent……we’re replacing them with new rules……you can build here, and those affordable homes can be available to buy”
David Cameron, Speech to Conservative Party Conference, 2015

6. Changes to affordable housing
Over time, seen shift from social rent (partially grant funded) plus intermediate tenures, to affordable rent (lower grant per unit)
Interest before general election in starter homes on unallocated or previously under-used commercial or industrial land
Now wider ambition … clear focus of all affordable housing policy
Statutory underpinning in Housing and Planning Bill of “Starter Homes” (clauses 1-6) but expect planning guidance

7. Changes to affordable housing: starter homes
Cap of £250,000 (outside London) / £450,000 (in London)
Discount of 20% on market price for five years secured by S106, thereafter discount retained by purchaser
Probably basing market and discounted prices on mortgage valuations
Known unknowns:
Degree of substitution from plan requirement for affordable / social rent (clear hint in PM speech)
Response of building industry – some scepticism
Likely to be exempt from CIL

8. Changes to affordable housing
Housing Associations face financial pressures (1% rent reduction and right to buy), so renegotiation of sites with S106 agreements
Focusing of limited HCA grant on starter homes
Huge pressure on councils with retained housing stock
1% rent reduction
“Forced sale”
“Pay to stay”
Significant pressure on established modes of delivery

9. What will this mean?
What changes do you think this will mean for your authority?
What impact will be felt by:
Developers?
Local People?

10. Local Development Orders
Previous (2015) coalition government target to have planning permission in place (either consent or LDO) on 90% of suitable brownfield land by 2020
Encouragement to put Local Development Orders in place on suitable brownfield land (e.g. in enterprise zones)
E.g. Cherwell District Council: LDOs released in stages for up to 1,900 plots for self-build housing
When might this be a good idea?

11. Brownfield register, deemed consent and “zoning”
Now potential much wider impact of development orders: clauses 102 and 103 of HPB allow SoS to issue development order
New requirement to have a register of brownfield land
New “permission in principle” for (housing?) land in (new?) plans or on register (with possibility of local exclusion?)
Refusal of full planning permission based on narrower, technical criteria

12. Self-build Self-build and Custom Housebuilding Act:
Requirement to have a register for those interested in self-build and to have regard to it
Housing and Planning Bill:
Need to provide suitable development permission (either planning permission or “permission in principle”)

13. Changes to permitted development
Offices to residential PD made permanent,
Existing extensions continue with article 4 direction needed by 2019
Further minor PD changes
PD from retail (A1, A2, betting shop / payday loan, or mix of these uses) to C3 – subject to some limited prior approval controls?
Liberalisation within A1 / A2 / A3 categories within certain restrictions
Large house extensions extended to 2019

14. Other DM changes S106 arbitration process
Extension of performance regime to smaller applications
Putting “financial benefits” of planning proposals before planning committees
Changes to appeals (e.g. inspector-initiated costs)
Introduction of Planning Court
Major revisions to PPG (e.g. PPA, lots on pre-application process)

15. Significance?
Which of the changes discussed here will have the greatest impact upon your authority?

16. Is nothing sacred?
“Clauses 102 and 103 of the Housing and Planning Bill amount to the introduction of a new form of local planning, but without public debate or consensus that this is the best approach to delivering the homes and communities that are needed in England.” (Town and Country Planning Association)
Another view: “Britain’s brownfields sites have been locked for far too long, and we are pleased to see that measures are being put in place to release their potential and get our country building. Enforcing local plans and speeding up delivery on brownfield sites are measures chartered surveyors have long campaigned for, and it is good to see these coming forward in the bill.” (Royal Institute of Chartered Surveyors)

17. Is nothing sacred? Is this the death of the plan-led system?
Or does it helpfully front-load decisions towards planning policy rather than development management, and allocate more land for development?

18. How should a local authority respond?
Have a look at the suggestions on the cards
Which would you prioritise, and why?