1. A Commercial Planner’s View…
Giles Pink
Berwin Leighton Paisner LLP

2. Sustainable development
Back in the day – the 1987 UN “Brundtland Report”:
“Development that meets the needs of the present without compromising the ability of future generations to meet their own needs”
Greg Clark’s Foreword to the NPPF:
“sustainable development is about positive growth – making economic, environmental and social progress for this and future generations”
NPPF - an economic role; a social role; an environmental role
“These roles should not be undertaken in isolation, because they are mutually dependent […] to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system”

3. Sustainable development II
The approach of the Courts e.g. Scrivens

4. “A City for All Londoners”…

5. A City for All Londoners…
A document out for consultation – a forerunner for the new Mayor’s London Plan update
Targeting 50% “affordable housing”?
Mixed-use developments around transport hubs
Public land availability for development
Tall buildings

6. Affordable Housing “A City for All Londoners”
As Mayor I want to do a lot
Strategic, London-wide target of 50%
Supplementary Planning Guidance (SPG)
Post-Autumn Statement release date (late November/early December 2016)
Consultation in Spring 2017
Commencement in Summer 2017
Sadiq Khan’s vision for London was published last week in a document called “A City for All Londoners”, which is open for consultation until 11 December 2016.
This document says that he is working towards a strategic, London-wide affordable housing target of 50%.
He is likely to release for consultation a supplementary planning guidance (SPG) on affordable housing in late November/early December, after the Autumn Statement, so that starter homes can be factored in. Following a Spring consultation it should come into force in early Summer 2017.

7. Affordable Housing 50% ≥ 35% = “viability light”
Two-tier system
≥ 35% = “viability light”
reduced / no viability assessment
< 35% = “viability heavy”
full viability assessment
robust scrutiny to justify the “maximum reasonable amount” offered. ?%
50%
Proposed Tenure Split
It is mooted that the Mayor’s SPG will, however, introduce a two-tier system.
Developers offering 35% or more can go “viability light”, with reduced or even no viability assessment requirements.
If they offer below 35%, however, they will need to go “viability heavy”, requiring a full viability assessment, subjected to robust scrutiny to justify why the developer’s offer is the “maximum reasonable amount” of affordable housing that their scheme can accommodate.
N.B. the “maximum reasonable amount” is the test in the current London Plan which requires a site-specific assessment with no set percentage expectations.
Proposed tenure splits to be laid out in the upcoming SPG are assumed at the moment to be: 30% social rented; 30% intermediate and the 40% remainder at the discretion of the local planning authority.
There may be exemptions for the build to rent sector, opportunity areas, and the Central Activities Zone, including scope for offsite provision and payments in lieu.
Possible exemptions for:
build to rent sector
opportunity areas
Central Activities Zone

8. Housing and Planning Act 2016
Starter Homes
80% OMV
£250k outside London; £450k Greater London
First-time buyer 23-39yrs old
Permissions in Principle
Outline “light”
Brownfield and small

9. Other pressures on “sustainability”…
Community infrastructure levy
Building Regulation and carbon reduction targets
Land availability and price
Construction costs

10. A Commercial Planner’s View…
Giles Pink, Berwin Leighton Paisner LLP
This document provides a general summary only and is not intended to be comprehensive. Specific legal advice should always be sought in relation to the particular facts of a given situation.