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Kamis, 31 Maret 2016

Labour’s planning policy

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Two speeches at this week’s Labour Party conference gave an indication (albeit somewhat vague and lacking in any detail) as to the possible thrust of Labour’s planning policy if they regain power at the 2015 General Election.

Hilary Benn promised that “Labour will get Britain building again.” He frankly acknowledged that we are just not building enough homes, but pointed out that in the last few years, the profits of the big housebuilders have nevertheless soared. Land, he said, is too expensive. Too often developers hang on to it hoping for the price to rise.

Benn rather piously expressed the view that we can’t carry on saying on the one hand “Where are the homes for the next generation?” and on the other “Please don’t build them near me”. But he failed to give any clue as to how NIMBYism might be overcome. In fact he seemed to be going in the opposite direction when he opined that we will not get more homes by top-down targets. Councils and communities, he said, must take that responsibility “but they need more power to be able to do so.” I am bound to say that this does sound to me like typically meaningless political claptrap.

Benn’s approach seems to be based on the assumption that communities actually want house-builders to build homes on the land they own, or over which they hold options. But in all too many places the NIMBYs want no such thing, and they are only too happy that land-banked sites should remain undeveloped. So proposing that developers must register their land banks (including optioned sites) so that “communities should be able to do something about it” is just pie-in-the-sky.

It is difficult to see what would be achieved by requiring developers to implement their existing planning permissions or face (as yet unspecified) financial penalties in respect of unimplemented planning permissions. Benn went on to suggest that if developers, despite being charged some sort of ‘non-development’ tax or penalty, still don’t build on their land, a Labour government “will sell the land on to someone else who will”. Frankly, any politician who thinks that such a mechanism could be made to work or that it would actually have any practical effect in getting homes built is away with the fairies.

Another proposal canvassed by Benn is that where there is insufficient land available for housebuilding within a particular LPA area, that LPA should be given a new ‘Right to Grow’, allowing them, if they wish, to appropriate land for house-building within neighbouring councils’ areas. There would be a requirement for those neighbouring LPAs to work together to achieve this. It sounds like the current ‘duty to co-operate’ but with much sharper teeth. How it would work in practice is anyone’s guess.

Finally, Benn proposed that we should build new communities – new towns and new garden cities. He held up the example of the Attlee Government in this regard, but studiously ignored an abortive initiative by the most recent Labour government to do something similar. A Labour government, he said, will make sure that local authorities get the powers and the incentives they need to acquire land, put in the infrastructure and build new towns. It seems, however, that Benn is expecting the initiative to come from the local authorities, rather than from central government. Funding wasn’t mentioned.

In his leader’s speech, Ed Miliband took up the same themes. In 2010 when the last Labour government left office there was a shortage of one million homes in Britain. If we carry on as we are, by 2020 there will be a shortage throughout the country of two million homes (equivalent in size to two cities the size of Birmingham). So he too said “we’ve got to do something about it”, and repeated what Hilary Benn had said earlier, adding that a Labour government will have a clear aim that by the end of the next parliament (in 2020) Britain will be building 200,000 homes a year, more than at any time in a generation (but still not by any means as many as in the days when Harold Macmillan was the Housing Minister).

The housing crisis to which Mr Millibean referred is of long standing, and was increasingly apparent throughout the 13 years of the last Labour government. This is not intended to be a party political point (and I am certainly no Tory), but the plain fact is that the last Labour government did nothing effective to tackle what was already recognised at the time as a real crisis. This does engender some scepticism as to the ability or willingness of the next Labour government to tackle this issue effectively in view of their failure to address the problem between 1997 and 2010.

What Miliband and Benn were proposing in their party conference is unlikely to make any practical difference to the housing situation in this country. The major problem is a lack of affordable housing, and in particular social housing. 25 years of council house sales have depleted local authority housing stock, and HM Treasury has resolutely resisted the re-investment of the proceeds in new council house building.

The attempt by successive governments, both Tory and Labour, to use or, in reality, to abuse the planning system (entirely without any legislative authority) to produce an element of affordable housing has been an abject failure, and has not produced more than a tiny proportion of the affordable housing that is actually needed. In all too many cases it has simply made proposed housing developments unviable, so that no houses get built at all on some sites unless the affordable housing obligation can be renegotiated. The only reason for this policy being pursued is an almost paranoid fear in government, even within the last Labour government, of funding social housing from general taxation, involving extra government borrowing and an increase in the PSBR. But if we are not prepared to do this, then no other mechanism is going to produce the social housing that is so badly needed.

Tinkering with the private housing market (which is all that was being proposed at the Labour Party conference) will do nothing to resolve the crisis. At worst, the present government’s ‘help-to-buy’ scheme will simply produce another house price bubble in the private sector without in any way tackling the underlying problem. Labour will clearly eschew that approach, but their suggested nostrums are unlikely to be any more effective in solving the housing crisis.

In the post-war period, continuing into the 1950s and 1960s, governments of both political colours recognised the need for substantial public house-building programmes, and funded them from general taxation. Until a future government is prepared to do likewise, the housing crisis will only get worse.

© MARTIN H GOODALL

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Jumat, 18 Maret 2016

Permitted development excluded in an AONB

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There is so much material awaiting posting that it is difficult to know where to begin, but I thought I would start with a recent query I received about the extent to which Permitted Development is excluded in an Area of Outstanding Natural Beauty. The question arose because the AONB in question encompasses a great number of towns and villages, most of which contain undistinguished housing far removed from anything that could possibly be described as being of outstanding natural beauty.

My correspondent therefore asked me whether the LPA is correct in asserting that permitted development rights are excluded in respect of development within the curtilage of a dwellinghouse (under Part 1 of the Second Schedule to the General Permitted Development Order) because this is a settlement that is ‘washed over’ by the AONB designation, and is not excluded from it. The site in question is not in a conservation area.

[What follows applies in England only, not in Wales, which has different rules.]

In most AONBs, the designation covers a wide area, and towns and villages within the area are not excluded, although the boundary may be drawn around the outside of a large town if it is on the periphery of the area. The limited contribution (if any) that even the most undistinguished part of any settlement within an AONB makes to the natural beauty of the area does not affect the position in any way.

Permitted development rights are slightly reduced (but are not wholly removed) in relation to Part 1 of the Second Schedule to the General Permitted Development Order (development within the curtilage of a dwellinghouse) in certain areas (“Article 1(5) land”) which include any property anywhere within an AONB. I have confined this note to AONBs, as there is a very subtle distinction in respect of these areas, compared with other “Article 1(5) land (such as conservation areas).

Under Class A, the temporary right (until 30 May 2016) to build larger domestic extensions is excluded in an AONB. Other excluded development within Class A comprises the cladding of any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles, any extension beyond a wall forming a side elevation of the original dwellinghouse and any extension of more than one storey beyond the rear wall of the original dwellinghouse. But, with these exceptions, other extensions and alterations within Part A can still be built within an AONB.

The enlargement of a dwellinghouse consisting of an addition or alteration to its roof (under Class B) is also excluded in an AONB, but minor alterations to the roof under Class C are not excluded. The erection or construction of a porch outside any external door of a dwellinghouse (under Class D) is not excluded either.

As regards Class E (the provision within the curtilage of the dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or a container used for domestic heating purposes for the storage of oil or liquid petroleum gas), development is not permitted in an AONB by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwelling-house would exceed 10 square metres, but devlopment closer to the house is OK. In an AONB, development under Class E is also excluded if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.

Development under Class F (the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such, or the replacement in whole or in part of such a surface) is not affected.

In the case of Class G (the installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse) this development is not permitted within an AONB if the chimney, flue or soil and vent pipe would be installed on a wall or roof slope which fronts a highway, and forms either the principal elevation or a side elevation of the dwellinghouse.

Development under Class H (the installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse) is permitted in an AONB, but not if it would consist of the installation of an antenna on a chimney, wall or roof slope which faces onto, and is visible from, a highway, or on a building which exceeds 15 metres in height.

If you look at Part 1 of the GPDO, you will see that this still leaves quite a wide variety of permitted development that can be carried out within an AONB, subject to the usual limitations and conditions set out in the Order. It is certainly not the case that permitted development rights are wholly or substantially removed within an AONB. On the other hand, local planning authorities have the power to exclude permitted development rights by means of an Article 4 Direction, and also by means of a condition attached to a planning permission, and this is perhaps more likely within an AONB (and on other “Article 1(5) land”, such as a Conservation Area) than elsewhere.

So the LPA in question was correct up to a point in the case that was put to me, but the effect of the exclusion of certain permitted development rights should not be over-stated.

© MARTIN H GOODALL

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