Dramatic changes to the UK’s planning system have been mooted by government in the Housing and Planning Bill. But the devil will be in the detail for many of the proposed policies, which are still being shaped by ministers and peers.
Will build-to-rent schemes be exempt from starter homes provision? Will developers be able to start paying private companies to process planning applications? And how easy will it be to get permission in principle for housing on brownfield land?
The Bill enters committee stage in the House of Lords on 1 March. Here, EG looks at the politicians behind the changes and their likely effects on the property market.
Peers of the House of Lords
Proposal: Labour and Liberal Democrat peers have moved to block the imposition of starter homes on local authorities at the expense of other types of affordable housing.
How it would work: Starter
homes would be an optional form of affordable housing delivery.
The discount sale price would remain in perpetuity. Labour party peers have also called for new supported housing, hostel and build-to-rent developments to be exempt from a duty to promote starter homes.
What the experts say: David Graham, senior associate partner at Daniel Watney, says: “Home ownership might be the aspiration of the majority but imposing
starter homes at the expense of traditional affordable housing would let down those who need somewhere genuinely affordable
to rent and live.”
How likely is it to be written in the statute book? 5 out of 10
Secretary of state Greg Clark
Proposal: A pilot scheme that allows planning applications to be processed by alternative providers.
How it will work: Private companies or planning departments in local authorities not governing the area of proposed development could be paid to process planning applications.
What the experts say: Richard Ford, head of planning at Pinsent Masons, says: “How are developers going to choose these providers and what is stopping them from choosing someone who works for them on other matters?
“It is fraught with danger and difficulty. Could be done, but it would have to be very carefully thought through and there would have to be lots of safeguards about the panels of alternative providers.”
How likely is it to be written in the statute book? 7 out of 10
Roberta Blackman-Woods, shadow minister for housing and planning
Proposal: The Labour MP has called for an amendment to the clause which would give “automatic permission in principal” to developers for sites earmarked for housing in local plans. She has called for the proposal to be restricted to brownfield land, and for local authorities to have the power to overturn the permission.
How it would work: Permission in principle would be given to housing developers only for brownfield sites. This would be followed by an application to agree the technical details of a scheme before the developer can start work on the site.
What the experts say: Melanie Leech, chief executive of the British Property Federation, says her main concern is that permission in principle only allows for housing-led developments. She says the BPF advocates mixed-use tenures that create “places where people actually want to live”.
How likely is it to be written in the statute book? 3 out of 10
Mayor of London, Boris Johnson
Proposal: New powers of intervention for the mayor of London to call in planning applications in areas determined through the London Plan.
How it would work: At present, the mayor has powers to overturn planning refusals for applications of “potential strategic importance” for Greater London. The proposed clause would expand the range of sites that can be defined as being of potential strategic importance, including growth areas identified in the London Plan.
What the experts say: Simon Ricketts, planning lawyer and partner at King & Wood Mallesons, says: “The clause is broadly drafted, leaving the detail for secondary legislation. If it is used to give the mayor greater powers to call in applications within defined categories of areas within the London Plan (presumably opportunity areas), that will be generally supported as allowing a strategic approach to be taken.”
How likely is it to be written in the statute book? 9 out of 10
Sadiq Khan, Tooting MP and Labour mayoral candidate
Proposal: Requirement for each housing association property that is bought through Right to Buy to be replaced with a like-for-like home in the same local authority area. The proposal has been taken forward by members of the House of Lords, who have tabled the same amendment.
How would it work: Under the existing clause, replacement homes could be built anywhere in the country and could be any designation of affordable housing, including starter homes. The proposal would restrict replacement homes to the same tenure and local authority area.
What the experts say: Jeremy Blackburn, head of policy at RICS, says: “The government’s shift in focus away from the provision of affordable rented homes has caused us a good deal of concern. To that end, RICS supports any amendment that would look to safeguard this tenure.”
How likely is it to be written in the statute book? 5 out of 10
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