The Housing and Planning Bill was published yesterday (13 October 2015).
Housing is top of the political agenda and the bill is part of the Governments continued push to create more homes by streamlining the planning system.
The Bill brings forward new planning legislation, including requirements for starter homes, ‘planning permission in principle’, Right to Buy and allowing housing to be included in National Significant Infrastructure Projects (NSIPs). Highlights include:
Starter Homes
The Government don’t want homes to rent they want homes for sale and the new starter homes requirement is intended to replace current requirements for ‘affordable’ rented homes.
Local planning authorities (LPAs) can only grant permission for certain developments if it contains a specific number of starter homes which are secured through a section 106, or which pays a sum to the authority to provide such homes (further legislation is expected with detail).
Starter Homes are defined as a new dwelling which is only available to purchase by first-time buyers (under the age of 40) at a price which is at least 20% less than the market rate. There is not yet detail on the liquidity of the units e.g. how long they would need to be kept for, what the restriction on sales would be, what happens to a subsidy on an onwards sale.
The Secretary of State can issue a 'compliance direction' if the LPA's local plan is incompatible with its functions in relation to starter homes.
Further regulations may also specify that certain types of residential development should be exempt or that certain areas should have a higher starter home requirement.
Deemed Planning Permission
Also being known as ‘planning permission in principle’ or 'brownfield land zoning’. The objective is for planning permission to be granted automatically for the principle of development of certain land where it is on a register kept by the Council and where it is allocated for development within the relevant local or neighbourhood plan.
This permission in principle will be subject to further technical details which need to be approved. Conditions will not be attached to the 'in principle' permission but will be reserved for the 'technical details' consent stage. The LPA will not be able to re-open or reconsider the principle of the development at the 'technical details' consent stage There will be a further consultation on the process for technical details consent.
This is a welcome proposal which goes some way towards restoring the old style, redline outline planning permissions.
Right to buy
New provisions aim to give housing association tenants the right to buy their property (as council tenants can already do), with the government compensating the housing association for the discount offered to the tenant, and with the proceeds going towards new homes delivered by the housing association.
The Secretary of State may also require a LPA to sell high value vacant local authority-owned housing and provide new housing.
DCLG announcement on office to residential permitted development
Separately, the Department for Communities and Local Government (DCLG) made an announcement confirming that the office to residential permitted development rights will be made permanent.
Those who already have prior approval will have three years in which to complete the change of use, thus removing this important element of doubt. To further support the delivery of new homes, the rights will in future allow the demolition of office buildings and encourage new building for residential use. Those LPAs currently exempt from the rights have until May 2019 to make an Article 4 Direction if they wish to continue determining planning applications for the change of use.
Lots to take in. More detailed analysis and commentary to follow in due course.