51 Five Year Land Supply (1-04-37) PDF 326 KB
To receive a report of the Head of Planning and Regeneration advising Members on the most recent five year housing land supply calculations and to recommend a course of action to minimise the risk of a successful challenge to that calculation.
The Chairman of the Scrutiny Committee has agreed that this item may be discussed although 28 day’s notice has not been adhered to, as this would add undue delay to the publication of a the Council’s latest 5 year housing land supply figures. The report highlights a number of potential ways in which the latest calculation could be challenged, and recommends a number of mitigation measures to be taken immediately in order to safeguard the Council’s position.
Minutes:
The Cabinet had before it a report * of the Head of Planning and Regeneration advising Members on the most recent five year housing land supply calculations and to recommend a course of action to minimise the risk of a successful challenge to that calculation.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that National Planning Policy required that Council’s ‘identify and update annually a supply of specific deliverable sites sufficient to provide five years’ worth of housing against it’s housing requirements’. National policy required the calculation to include an additional buffer of 5%, or where there was a record of ‘persistent under delivery’ this should be increased to 20%. Further advice stated that relevant policies for the supply of housing should not be considered up-to-date if the local planning authority could not demonstrate a five year supply of deliverable housing sites. In effect, unless the Council could identify a five year supply of housing land the existing Local Plan policies relating to the supply of land (including crucially the definition of settlement limits identifying areas which were countryside and those which were within defined settlements) may not be supported by Inspectors at appeal in the face of short term need for housing in the area.
The most recent calculation, taking account of completions and planning permissions during 2014/15 demonstrated that there was a five year supply plus a ‘buffer’ of 21%. He therefore suggested that the Council was in a position to continue to determine housing allocations in accordance with the existing local plan policies. However, officers were aware of challenges being made to the council’s calculations in current planning applications and appeals. If those challenges were successful there was the potential consequence that existing housing supply policies be considered ‘out of date’ by inspectors and that housing applications may be granted contrary to the local plan.
The report highlighted three areas of risk where the calculation may be challenged.
Whilst the officers had confidence in their assessment and the resulting calculation, there was a risk that at appeal Inspectors may disagree with the Council. As a result, officers proposed mitigation measures to increase the buffer to a point where the risk of a successful five year supply challenge was minimal. It was therefore proposed to do this by bringing forward sites which were proposed as allocations within the emerging local plan. Six sites received no objection and could therefore be considered for development immediately:
Barn Park, Crediton - 20 dwellings
Old Abattoir, Copplestone – 30 dwellings
Linhay Close, Culmstock – 6 dwellings
Hunters Hill, Culmstock – 10 dwellings
Court Orchard, Newton St Cyres – 25 dwellings
South of Broadlands, Thorverton – 12 dwellings
In addition the Council’s Local Plan had contingency sites which could be released if the rate of development fell below certain levels. Of those sites, Pedlerspool in Crediton was proposed to be made a full allocation for 200 dwellings in the emerging local plan.
By inviting applications on ... view the full minutes text for item 51