Housing Strategy and Provision

Question 1

What is a SHMA

Answer 1

Strategic Housing Market Assessment - Allows a council to assess their current and future housing requirements, usually undertaken on a yearly basis to inform the local development framework and housing strategy.

Question 2

How is a SHMA undertaken

Answer 2

Dependent from borough to borough - may involve face to face interviews or surveys.

Question 3

Why do councils undertake SHMAs

Answer 3

To ensure that the right number, mix and tenure of housing is provided in the right place within their borough

Question 4

What is a SHLAA

Answer 4

Strategic Housing Land Availability Assessment - a technical exercise to determine the quantity and suitability of land potentially available for housing development.

Question 5

Why do council’s undertake SHLAAs

Answer 5

So that they can effectively allocate land for housing and ensure sustainable development over the plan period. Also provides part of the evidence base for the Core Strategy.

Question 6

What is a 5 Year Housing Land Supply

Answer 6

A 5 year land supply is when a council can demonstrate a supply of specific deliverable sites sufficient to provide 5 years’ worth of housing against their housing requirement

Question 7

What happens if a council cannot demonstrate a 5yhls?

Answer 7

If they have only 95% supply, then they must put an action plan in place.

If they only have an 85% supply, then they must apply a 20 per cent buffer to the housing requirement figure.

If they have 75% or less 5yhls then the presumption in favour of sustainable development kicks in.

Question 8

Why is it considered ‘bad’ if the council cannot demonstrate a 5yhls

Answer 8

Renders their plan to be considered out of date and leaves them open to speculative developments

Question 9

When is a planning application GLA referable

Answer 9

If it is located within the Green Belt or MOL
If it is over 150 units
If it is over 30 meters in height

Question 10

Why are some applications GLA referable

Answer 10

They are considered to be of Potential Strategic Importance

Question 11

What is the Green Belt

Answer 11

The Green Belt is an area of land allocated in the 1940s which surrounds Regional cities

Question 12

What is the purpose of the green belt

Answer 12

(a) to check the unrestricted sprawl of large built-up areas;
(b) to prevent neighbouring towns merging into one another;
(c) to assist in safeguarding the countryside from encroachment;
(d) to preserve the setting and special character of historic towns; and
(e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

Question 13

Can you build in the green belt? Why?

Answer 13

Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.

Question 14

What are the very special circumstances in which you can build in the green belt?

Answer 14

(a) buildings for agriculture and forestry;
(b) the provision of appropriate facilities for outdoor sport, outdoor recreation, cemeteries and burial grounds and allotments; as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it;
(e) limited infilling in villages;
(f) limited affordable housing for local community needs under policies set out in the development plan (including policies for rural exception sites);

(g) limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings), which would:

not have a greater impact on the openness of the Green Belt than the existing development; or

not cause substantial harm to the openness of the Green Belt, where the development would re-use previously developed land and contribute to meeting an identified affordable housing need within the area of the local planning authority.

Question 15

What is the UK housing target?

Answer 15

300,000 homes per yar

Question 16

How many homes are being delivered?

Answer 16

Approx 60% of the target

Question 17

Can you talk me through your Church Street example?

Answer 17

This site comprised a piece of greenfield land located inside the settlement boundary of Rudgwick (a medium village in the settlement heirachy).

The site itself was located 100m from a bus stop on church street and had two access points from guildford road to the north and church street to the east. Along the western side of the site boundary was a row of thick trees.

The council were conducting a SHELAA exercise to assess the housing and employment land available in the borough, and my client was interested in putting their site forward for consideration.

I included a red line plan of the site, the address, a covering letter and an architects feasibility drawings outlining that the site was suitable deliverable and available for between 10 - 20 houses.

I advised my client that under the Housing Act 2004, the local council were required to accommodate for gypsy and traveller sites in their local plans. From looking at the latest SHMA, I noted only 1 gypsy and traveller site had been granted consent in the year before and the Local Plan had a target of 5 sites per annum over the plan period. The AMR had shown that the council had under delivered on this target and that there was a significant demand as highlighted by the number of unauthorised encampments in the LA area.

Question 18

Can you talk me through your High View Oast House Example

Answer 18

The site comprised the gardens of High View Oast house, stretching to 2.47 acres, the gardens were located outside the settlement boundary of Ash. The council’s local plan had been adopted in 2010 and was considered to be significantly out of date, however, the council were able to demonstrate a 5yhls. The recent appeal decision with Bloor Homes highlighted that even when a councils housing policies are considered out of date, they are a good place to start. As such I advised my client that the Local Plan stated that the unit mix should be in line with the latest SHMA which had been updated in 2019. This showed a requirement for 45% 3 beds, 30% 4 beds, 15% 2 beds and the remainder as 1 beds. There was a particular requirement for houses in this location, which was also in keeping with the prevailing character of the village of Ash.

However, as the site was outside the settlement boundary, it was considered to be in the ‘countryside’, as such local planning policy would resist development. The NPPF states at para 79 that development of truly outstanding architecture will be acceptable in the countryside if it raises the standard of design. I highlighted this to my client and the architects revised the scheme accordingly.

Question 19

Can you talk me through your martins yard example?

Answer 19

This site comprised a industrial site in Martins Yard, Lewisham. The site was identified within the local plan and london plan as a locally significant industrial location. The site comprised two warehouse buildings which were in need of modernisation. The local plan had strong protectionist policies for maintaining the industrial use on site. The site was located 100m from brockley train station and the surrounding character of the area was predominantly residential. The site did not make efficient use of the land and the provision of a higher quality industrial use and delivery of much needed affordable housing should be acceptable on the site, subject to ensuring the highest residential amenity for residential users. (policy 4) The ITP London Plan strongly encouraged intensification and cosolidation of uses on site, and is considered a material consideration in this application.

The council had a housing delivery target of 1350 homes per annum which they had delivered the past three years. The council was also able to demonstate a 5yhls. Owing to the redevelopment of other parts of the LSIS without the reprovision of the industrial use, the council had been dismissive when my client had undertaken a pre-application, indicating that a policy compliant level would not be enough to outweigh the harm to the industrial use. I checked the AMRs for the part 5 years which indicated that only 20% of the completetions per annum were for affordable tenure units. I advised my client that the re- provision of the industrial use at a better quality than currently existed combined with a 100% affordable housing scheme should be acceptable.

Question 20

Can you talk me through your Chadwell St Mary example?

Answer 20

This site comprised a former clay pigeon shooting site on the edge of the village of Chadwell St Mary. The site had a number of disused buildings in the southern portion of the site together with the shooting club house. Thurrock could not demonstrate a 5yhls and they were experiencing difficulty in preparing their Local Plan. As such the presumption in favour of sustainable development applied.

From my DD, I noted the site was located in the Green Belt, as such local and national planning policy would resist inappropriate development in the green belt, which is by its definition ‘harmful to the green belt’. The NPPF outlines VSC in which development in the green belt may be suitable - one of which is where development of the site happens on PDL and contributes towards the boroughs affordable housing need. I had noted in recent committee decisions, that res dev in the green belt had been granted on the VSC of the 5yhls.

I advised my client that they should get a certificate of lawfulness for the buildings on the site to be able to use this as evidence of previous development. I also highlighted that the VSC planning argument should be used going forward, however, the northern part of the site did still fulfil its purpose as green belt land and would be difficult to argue otherwise. I highlighted that the planning argument could also encompass the loss of an antisocial use on the site and that the topography of the site would not cause harm to the openness of the green belt.

I advised my client should get an initial scheme drawn up and instruct surveys to be undertaken to support the pre-app, including Highways, Landscaping, Ecology, Trees etc.

Question 21

What is the housing delivery test?

Answer 21

Assesses whether councils have delivered against their target

net homes delivered / homes required = HDT result.

75% passed the HDT this year.

Question 22

Why do councils need a 5 year housing land supply?

Answer 22

NPPF requires councils to demonstrate the specific deliverable sites on which homes may be built.

Question 23

How often do councils update 5yhls?

Answer 23

Should be declared yearly in the AMR

Question 24

What are the 3 tests for housing in SHLAAs

Answer 24

Suitability

Achievability

Availability

Question 25

How do LPAs decide on their housing targets

Answer 25

NPPF requires LPAs to assess their housing targets in line with the standard method.

1. assess projected household growth against 2014 figures
2. adjust based on affordability of homes compared with salaries
3. cap the level of increase
4. Add 35% for those in urban areas

this should be a starting point but councils must take into account land availability and objectively assessed need.

Question 26

What are the steps to adoption for a neighbourhood plan

Answer 26

1. Designate an area and forum
2. Prep the plan
3. Consult the plan
4. Submit the plan
5. Inspector examines the plan
6. Referendum
7. Adopt

Question 27

How did your example of the Windmill in Croydon comply with the NPPF

Answer 27

Para 40 - Undertaking a Preapp

Para 105 - sustainable location, genuine choice of sustainable modes of transport

para 140 - development of brownfield underutilised land