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Agenda item

Five Year Land Supply (1-04-37)

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 the sites highlighted, there would be a significant boost to the five year supply, which would leave the risk of a successful challenge at a very low level.  The resulting calculation would leave the Council with 6.45 years supply, equivalent to having a buffer of 29%.

He informed those present of the outcome of a very recent legal case, the judgment for which was delivered last Friday.  There were implications for the release of two sites previously mentioned.  A legal judgement delivered last Friday, arising from a case brought by two local authorities against the Government, had resulted in the immediate revocation of some national planning guidance.  The planning guidance had stated that developments of 10 units or 1000 square metres or less (including annexes and extensions) would be excluded from affordable housing levies and tariff based contributions.  It also applied a lower threshold for designated rural areas where developments of 5 or less would be excluded from such levies/contributions, and those of 6-10 dwellings would be subject to a commuted sum (in lieu of on-site provision) to be payable upon completion.

The national guidance was originally introduced immediately prior to the second of three cabinet meetings held across November and December 2014 which considered the proposed submission version of the Local Plan Review.  Following its introduction, proposed policies which set thresholds for affordable housing provision and/or required affordable housing provision on sites of 10 dwellings or fewer within the Local Plan Review were amended accordingly prior to the document being made available for consultation.

As a result of the successful legal challenge, the relevant paragraphs of the National Planning Policy Guidance had been revoked with immediate effect.  In the case of affordable housing provision, this meant that the Council could use the thresholds set in the adopted Local Plan when requesting on-site affordable housing provision.  This applied to sites of more than 4 dwellings in the towns of Tiverton, Cullompton, Crediton and Bampton, and sites of more than 2 dwellings elsewhere. 

Two of the sites proposed to be released, Linhay Close and Hunters Hill at Culmstock, fell within the 6-10 dwelling size bracket.   The policies for those sites were drafted to reflect the now revoked guidance, and stated that their affordable housing requirement of 30% could be provided off-site via a financial contribution. Following the revocation of the relevant guidance, the Council would seek to ensure that the default policy position was that affordable housing should be provided on all sites above the thresholds set in the Local Plan, with a presumption for on-site provision. 

It was reported that the Government were likely to appeal the above decision.

 

Consideration was given to:

The need for the current position of affordable housing and other contributions on smaller sites to be applied to current applications

The need to lobby MP’s with regard to the recent court case.

Development at Pedlerspool

The need for a robust defence with regard to land supply.

 

It was therefore:

 

RESOLVED that:

 

a)  The emerging local plan allocations of Barn Park, Crediton, Old Abattoir, Copplestone, Linhay Close, Culmstock, Hunters Hill, Culmstock, Court Orchard, Newton St. Cyres, South of Broadlands, Thorverton and the contingency site at Pedlerspool, Crediton be brought forward from later in the plan period in accordance with the NPPF advice and are therefore confirmed as available within the five year supply;

 

b) The Cabinet Member for Planning and Economic Regeneration be requested to write to local MP’s to inform them of Members views on affordable housing on sites of 10 or less.

 

(Proposed by R J Chesterton and seconded by Cllr N V Davey)

 

Notes: 

 (i)  Cllr Mrs M E Squires requested that her abstention from voting be recorded as she had concerns regarding the proposed development at Pedlerspool, Crediton;

 

(ii) * Report previously circulated copy attached to minutes.

 

 

Supporting documents: