Housing Strategy & Provision (L3O) Flashcards
When was the Housing Delivery Test introduced?
In the 2019 NPPF update
What is the Housing Delivery Test?
Grandfathers in the allowed shortfall before the presumption in favour of sustainable development.
2018 - 75% shortfall
2019 - 55% shortfall
2020 - 25% shortfall
What is the 5 year housing land supply?
Councils must be able to demonstrate they have a 5 year HLS. Must meet the OAN.
When was the Objectively Assessed Need introduced?
In the NPPF update in 2017
What are the stages of the Objectively Assessed Need?
- Define housing market area
- Look at household projections
- Adjust projections (demographic changes)
- Finds OAN
- Local Policy requirements / objectives
- Housing provision target
What is the SHMA?
The Strategic Housing Market Assessment is part of a range of background documents that help to inform housing policies and proposals in a Local Plan.
Uses demographic information to assess housing mix needs etc.
- Required to set out the number of homes needed in future to inform local plans and housing strategies, which seek to meet housing need, support a healthy economy and achieve a ‘balanced’ housing market.
- A requirement under national planning policy, and are a key part of the evidence required to ensure the delivery of the right amount of new homes that meet the needs of our communities, now and in years to come.
- The SHMA only assesses our housing needs; it does not take account of any constraints in being able to meet this need. It also looks at the affordability of new homes in the district and makes recommendations about the amount of new homes which may be required to meet specialist housing needs.
- Sets out OAN
What is the purpose of the SHLAA?
To identify land for housing delivery, through ‘Call for Sites’.
Sites must be available, suitable and deliverable.
What is the presumption in favour of sustainable development?
- If an application is in accordance with the Local Development Plan, it should be granted
- If the 5 year HLS is not met, the presumption in favour of sustainable development is triggered and can be considered a material consideration.
What does the NPPF say about the 5 year housing supply? What buffer is there?
Para 74 of NPPF:
Local planning authorities should identify and update annually a supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing against their housing requirement set out in adopted strategic policies, or against their local housing need where the strategic policies are more than five years old.
The supply of specific deliverable sites should include a buffer of:
a) 5% to ensure choice and competition in the market for land; or
b) 10% where the local planning authority wishes to demonstrate a five year supply of deliverable sites through an annual position statement or recently
adopted plan, to account for any fluctuations in the market during that year; or
c) 20% where there has been significant under delivery of housing over the previous three years, to improve the prospect of achieving the planned supply.
What is an annual position statement according to the NPPF?
A document setting out the 5 year housing land supply position on 1st April each year, prepared by the local planning authority in consultation with developers and others who have an impact on delivery.
How often do local authorities have to state their 5 year housing supply position?
Every year on 1st April.
How is a five year supply of deliverable housing sites demonstrated?
A five year supply of deliverable housing sites, with the appropriate buffer, can be demonstrated where it has been established in a recently adopted plan, or in a
subsequent annual position statement which:
a) has been produced through engagement with developers and others who have an impact on delivery, and been considered by the Secretary of State; and
b) incorporates the recommendation of the Secretary of State, where the position on specific sites could not be agreed during the engagement process.
What do sites need to be to be counted as part of the 5 year Housing Land Supply?
Sites counted as part of the supply will need to be assessed under the definition of ‘deliverable’ set out in the revised National Planning Policy Framework.
What constitutes a ‘deliverable’ housing site in the context of plan-making and decision-taking?
- have outline planning permission for major development;
- are allocated in a development plan;
- have a grant of permission in principle; or
- are identified on a brownfield register
How are annual 5 year HLS position statements assessed?
- Consider whether correct process has been followed, namely whether:
the authority has a ‘recently adopted plan’ (defined by footnote 38 of the Framework) or they are renewing a confirmed land supply following a previous annual position statement; and
satisfactory stakeholder engagement has been carried out. - They will look at whether the evidence is sufficient to demonstrate a 5 year supply of deliverable housing sites (with the appropriate buffer), using 1st April as the base date in the relevant year. In doing so, they will consider whether the sites identified in the assessment are ‘deliverable’ within the next five years
If you do not have an adopted Local Plan what housing figure should be used to assess your 5 year land supply?
The most recent figures available will be used to assess five year supply. These might be your SHMA figures which set out OAN, or could be the most recent household projections, or ideally an emerging new plan figure, which will have the constraints and duty issues factored in. However, it is important to note that all these are untested and will therefore have limited weight. The figure to use will vary according to your own local circumstances and what is considered to be the most up to date and robust figure available.
How often should LPAs update and identify a supply of specific deliverable sites?
Local planning authorities should identify and update annually a supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing
against their housing requirement set out in adopted strategic policies, or against their local housing need where the strategic policies are more than five years old.
How can a 5 year HLS be demonstrated?
A five year supply of deliverable housing sites, with the appropriate buffer, can be demonstrated where it has been established in a recently adopted plan, or in a
subsequent annual position statement which:
a) has been produced through engagement with developers and others who have an impact on delivery, and been considered by the Secretary of State; and
b) incorporates the recommendation of the Secretary of State, where the position
on specific sites could not be agreed during the engagement process.
- Using the latest available evidence such as a Strategic Housing Land Availability Assessment (SHLAA), Housing and Economic Land Availability Assessment (HELAA), or an Authority Monitoring Report (AMR); ‘confirming’ the 5 year land supply using a recently adopted plan or through a subsequent annual position statement (as set out in paragraph 74 of the National Planning Policy Framework).
How can the supply of housing be maintained?
Para 76 NPPF:
Local planning authorities should monitor progress in building out sites which have permission. Where the Housing Delivery Test indicates that delivery has fallen below 95% of the local planning authority’s housing requirement over the previous three years, the authority should prepare an action plan in line with national planning guidance, to assess the causes of underdelivery and identify actions to increase delivery in future years.
How could local authorities help ensure proposals for housing development are implemented in a timely manner?
Para 77 NPPF:
They could consider imposing a planning condition
providing that development must begin within a timescale shorter than the relevant default period, where this would expedite the development without threatening its deliverability or viability. For major development involving the provision of housing,
local planning authorities should also assess why any earlier grant of planning permission for a similar development on the same site did not start.
What does the NPPF say about promoting healthy and safe communities?
Chapter 8 of NPPF: Promoting Healthy & Safe Communities
Planning policies and decisions should aim to achieve healthy, inclusive and safe places which:
- Promote social interaction, including opportunities for meetings between people who might not otherwise come into contact with each other – eg. through mixed-use developments, strong neighbourhood centres.
- Are safe and accessible, so that crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion
- Enable and support healthy lifestyles, especially where this would address identified local health and well-being needs – for example through the provision
of safe and accessible green infrastructure.
What constitutes a ‘deliverable’ housing site in the context of plan-making and decision-taking?
- sites for housing should be available now,
- offer a suitable location for development now, and
- be achievable with a realistic prospect that housing will be delivered on the site within five years.
- In particular:
a) sites which do not involve major development and have planning permission, and all sites with detailed planning permission, should be considered deliverable until permission expires, unless there is clear evidence that homes will not be delivered within five years (for example because they are no longer viable, there is no longer a demand for the type of units or sites have long term phasing plans).
b) where a site has outline planning permission for major development, has been allocated in a development plan, has a grant of permission in principle, or is identified on a brownfield register, it should only be considered deliverable where there is clear evidence that housing completions will begin on site within five years.
What evidence can demonstrate the deliverability of a housing site?
- Current planning status – for example, on larger scale sites with outline or hybrid permission how much progress has been made towards approving reserved matters, or whether these link to a planning performance agreement that sets out the timescale for approval of reserved matters applications and discharge of conditions;
- Firm progress being made towards the submission of an application – for example, a written agreement between the local planning authority and the site developer(s) which confirms the developers’ delivery intentions and anticipated start and build-out rates;
firm progress with site assessment work; or - Clear relevant information about site viability, ownership constraints or infrastructure provision, such as successful participation in bids for large-scale infrastructure funding or other similar projects.
Plan-makers can use the Housing and Economic Land Availability Assessment (SHELAA) in demonstrating the deliverability of sites.
What happens if the 5 year HLS is not demonstrated?
In plan-making, the Inspector examining the plan will test the evidence to ensure that the 5 year housing land supply identified in strategic policies is sound. If it is not, wherever possible the Inspector will recommend main modifications to the plan to ensure that the plan identifies a 5 year housing land supply from its date of adoption.
In decision-taking, if an authority cannot demonstrate a 5 year housing land supply, including any appropriate buffer, the presumption in favour of sustainable development will apply, as set out in the NPPF.
What does the Objectively Assessed Need do?
- The Objective Assessment of Need (OAN) identifies the total amount of housing needed in the
Housing Market Area (HMA). This evidence assists with the production of the Local Plan (which sets
out the spatial policy for a local area). - It is important to recognise that the OAN does not take account of any possible constraints to future
housing supply. Such factors will be subsequently considered by the Council before establishing the
final Housing Requirement.
What are the different types of affordable housing?
- social rented:
- affordable rented:
- intermediate housing
a. First Homes
b. Shared Ownership
What is the difference between affordable and social housing?
- Social Rental properties are provided by local authorities and some RPs. The rent for these properties will be set at a level dictated by the national rent regime. Social rented properties are the most affordable being approximately 55% of private rents.
- Affordable rent properties are provided by local authorities and RPs and are subject to a control that requires the level to be no more than 80% of local market rent. In some LPAs, they also require rents to be capped at the local housing allowance to ensure the rent is covered where a tenant is claiming Housing Benefit or Universal Credit.
What is affordable housing?
Eligibility is determined by local incomes and local house prices.
Who is eligible for the First Homes scheme?
Purchasers of First Homes, whether individuals, couples or group purchasers, should have a combined annual household income not exceeding £80,000 (or £90,000 in Greater London) in the tax year immediately preceding the year of purchase.
A purchaser of a First Home should have a mortgage to fund a minimum of 50% of the discounted purchase price.
What are first homes?
First Homes are a specific kind of discounted market sale housing which:
a) must be discounted by a min of 30% against the market value;
b) Sold to a person or persons meeting the First Homes eligibility criteria (see below);
c) on their first sale, will have a restriction registered on the title at HM Land Registry to ensure this discount (as a percentage of current market value) and certain other restrictions are passed on at each subsequent title transfer; and,
d) after the discount has been applied, the first sale must be at a price no higher than £250,000 (or £420,000 in Greater London).
*First Homes are the government’s preferred discounted market tenure and should account for at least 25% of all affordable housing units delivered by developers through planning obligations.
