How to keep going in Presumption
- 1. Effective Decision making in Presumption Shelly Rouse, PAS March 2021 www.local.gov.uk/pas
- 2. Why are we here? And what are we covering 1. Presumption - the consequences of Housing Delivery Test, LHN and old Plans 2. Dealing with “presumption” in an effective way ( 3 perspectives from our speakers) 3. What makes a good HDT Action Plan 4. ? Anything else ? Q and A
- 3. Agenda Time Details 14:00 Welcome and introduction to the session. 14:10 Session 1: An overview 14:20 Session 2: Housing Delivery and the Tilted Planning Balance (Jonathan Easton, Kings Chambers) followed by Q & A 15:00 Coffee break 15:10 Session 3: Effective decision making in presumption a council perspective (Jeremy Potter, Chair of Essex Planning Officers’ Association) 15:40 Session 4: Presumption – lived it, breathed it, got the t-shirt (Emma Goodings, Braintree District Council) 16:10 Discussion and Q & A 16:30 Close
- 4. Housing Delivery Test HDT • Requirement can be – Yr 1 is average household growth 2014 figures – Y2 & Yr3 Plan figure, or if over 5yr old – LHN • Next year HDT 2021 Yrs1 – 3 could be all LHN or Plan
- 5. Looking in both directions HDT HDT HDT Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Now Looking backward 3yrs Looking forward 5yrs
- 6. HDT 2020 results – 55 authorities have delivered below 75% to trigger the presumption in favour of sustainable development; – 18 authorities have achieved between 75% and 84% and should to add a 20% buffer on their 5 year housing land supply as well as produce an action plan; – 33 authorities have achieved between 85% and 94% and should to produce an action plan within 6 months of publication; and – 203 authorities have achieved 95% or over and will face no consequence.
- 7. Presumption for everyone?? • 55 councils under 75% - 40 of them have no Plan • 18 need to 20% buffer - into presumption or not?? • HDT yrs2 & 3 – 13 Councils had a blend of plan/LHN – 67 Councils plan requirement – 220 Councils local housing need LHN aka standard method#1 • Many more through 5YHLS
- 8. Local Housing Need – How did we get here? • Objective Assessed Need (OAN) – had its problems • LHN - 2017 Fixing our broken housing market • It’s a calculation – maths, upon maths! Never stays still • Autumn 2020 consultation on LHN #II – big changes and big variances • Dec 2020 LHN #II - No change for most & 35% uplift • North/South Divide = No one is (or was) happy
- 9. The current calculation • Local housing need figure = (adjustment factor) x projected household growth • Projected household growth = new households over the 10 year period • 40% cap on increase from either Local plan or annual household growth applied • 35% uplift to top 20 cities and urban centres – from July 2021
- 10. The Vortex of presumption!!!
- 11. Presumption in favour of sustainable development • LHN might tip you into presumption • Default to NPPF • Doesn’t mean saying yes to everything
- 12. Presumption - via use of LHN, 5YHLS or HDT How is it HDT presumption different to 5YHLS presumption? • 12mths long • Honest answer? • We don’t know yet – Need to see how PINS behave – And how appellants behave – And how planning committee behaves
- 13. Hear from our Speakers • Johnathan Easton, Kings Chambers • Jeremy Potter, Essex Planning Officers Association • Emma Goodings, Braintree District Council
- 20. Effective Decision Making in Presumption Jeremy Potter Chair of Essex Planning Officers’ Association
- 21. Contents • Quick re-cap of HDT results • Practical tips • Communicate the bigger picture • Focus on harm • Consistent and transparent decision making • Action planning to plan making
- 24. Don’t Panic Granger Historical Picture Archive/Alamy Stock Photo
- 25. Make it Corporate • Ensure that Councillors and senior managers in the Council know what it actually means • Might seem an arbitrary measure, but will indicate other objectives not being met e.g. affordable housing delivery, CIL/S106 receipts • Take corporate ownership of the issue and set out the actions needed by councillors, officers, communities to regain control
- 26. Be upfront Don’t: • Shy away - the 55 councils in presumption triggered by the HDT have been published • Make kneejerk decisions Do: • Re-gain the initiative • Communicate with Councillors, developers and communities • Start the journey out of presumption
- 27. Focus on Harm NPPF Para 11 d) i) Habitat Sites SSSIs Green Belt ANOB National Parks Heritage Coasts Irreplaceable Habitats Designated Heritage Assets Areas at risk of flooding or coastal change
- 28. Focus on Benefits NPPF Para 11 d) ii) Sustainable Development Affordable Housing Meeting Housing Need Planning Gain/CIL Enabling Development Wider Economic Benefit Protect other areas Providing housing choice New Homes Bonus
- 30. Action Planning to Plan Making
- 31. Conclusions • Take ownership and make it corporate • Bring Councillors on the journey • Be upfront and be prepared to make brave decisions • Identify and protect what’s important • Take objective balancing exercising • Keep plan-making
- 32. 5 year housing land supply – The Braintree experience Emma Goodings
- 33. An Introduction to Braintree District • A large rural District in North Essex • Population 150,000 • Split between 3 market towns and rural areas • Strong Conservative majority • A Local Plan submitted in October 2017 and still in part under examination
- 34. The 5 year housing supply position in Braintree Braintree can currently demonstrate a 3.73 year supply • Current requirement for a 5% buffer and action plan • 2019 action plan and 20% buffer • 2018 HDDT results action plan (35 homes short of 95%) • Housing target in our 2011 Core Strategy of 273 per year • Housing target in our new Local Plan of 716 per year
- 35. Our Approach • Be clear with residents and members that we are required to consider each planning application on its merits • Working with developers of draft allocated sites to bring them forward • Work with the industry to increase the speed of house building • Work with schools and colleges to provide skilled tradespeople to work in the sector • An officer who works on monitoring and housing supply full time
- 36. Cases where we have allowed applications Land east of Sudbury Road, Halstead 218 homes No statutory objections 30% affordable housing Contributions to various improved facilities On balance it was concluded that that the positives associated with the application outweighed the moderate weight afforded to the conflict with Local Plan policies
- 37. Cases where we have refused applications and won the appeal Brook Green, near Braintree 1,600 homes and associated facilities Objections on highway, education and sport provision from statutory consultees Refused on the basis of the negative impacts on heritage, landscape, coalescence, lack of S106, highways impact, biodiversity • Inspector agreed on balance that the harm to heritage, landscape and coalescence did not outweigh the benefits
- 38. And those where we have lost the appeal Land west of Bardfield Road, Finchingfield 50 homes 40% affordable No statutory objections Refused on adverse impacts on landscape, conservation area and harm the intrinsic beauty and character of the countryside. Inspector gave moderate or limited weight to the conflict with policies in the Local Plan, but when applied the tilted balance found the positives outweighed this conflict.
- 39. Challenges we have faced • Delays in the Local Plan timetable • The huge gap between our previous and new housing targets • Residents feeling that the council ‘isn’t doing enough’ • Not understanding the powers that the LPA has and the ones it hasn’t • Inconsistency in appeal outcomes
- 40. Top tips for getting through it • Trust and honesty between members and officers is absolutely key • Communication • Set aside budget and resource for defending appeals • Have a good relationship with a legal advisor/Counsel • Be resilient
- 41. 5 year housing supply – The Braintree experience Emma.goodings@Braintree.gov.uk
- 42. Sketch out the strategy, demonstrate the link to actions
- 43. Shelly’s Take on ‘Good’ Action Plans ● Concise and allow normal people to understand what you're trying to do ● Respond to the ‘Wake Up Call’ the HDT is ● Have immediate actions as well as short/medium/long term ● Protect what's important. Ensure that actions really are connected to delivery and your existing strategy. Think about how it might be used against you. ● Look beyond planning – corporate, housing market and beyond ● Are written as a tool to use – weaponise your Action Plan!
- 44. In conclusion • LHN might cause short term pain (5YHLS/HDT) and land you in presumption for a bit • Presumption = behaviour change and being proactive (doesn’t mean say yes to everything)
- 45. A little bit about HDT Action Plans Updated June 2020
- 46. Remember our Councillors guide • Find the whole thing online • https://local.gov.uk/pas/pas- topics/monitoring-and-delivery • Steal it all • HDT Action Plans - https://local.gov.uk/pas/pas- topics/monitoring/housing- delivery-test-action-plans
- 47. PAS events this month • 19th – Effective decision making in presumption • 25th – HDT Action Plans for first timers • https://www.eventbrite.co.uk/o/planning-advisory-service- pas-events-3927570883