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Progressive planning changes are needed not whole-scale reform

The anticipated planning reforms will be the biggest changes to the planning system seen for some time – a complete overhaul. Planning isn’t perfect, but nor is it beyond repair. If government are serious about housing delivery, they’d be talking about sensible improvements not whole-scale reforms. Instead they seem intent on riding roughshod over local people and all too willing to put private profit ahead of what our neighbourhoods actually need. So if it were up to me, what would I be doing? There’s plenty to do, but these are three things I’d start with.

Firstly, the housing delivery test. A small but technical change could really push developers sitting on land with permission to actually focus on delivery. The Local Government Association estimate that nearly 9 out 10 applications are approved and in the last decade alone nearly a million homes have not been built despite permissions being granted. The Housing Delivery Test measures the number homes delivered against the number of homes required. Where delivery of housing has fallen below the housing requirement, councils can be penalised.  

The main issue is the fact that Councils, unless they are their own schemes, do not deliver planning permissions – they are totally reliant on the market/ developers/ registered providers.  Developers may seek to restrict delivery in order to maintain profit levels; landowners may gain permission and land bank rather than actually deliver; and registered providers are also heavily dependent on state funding streams.  Crucially, events such as cyclical changes to the economy, and currently Covid-19, can significantly affect delivery which councils have no control over.

So a solution? Give local authorities the power to rescind permissions or more radical still take the build over themselves, if possible using better compulsory purchase orders if development does not begin within a year. Not a huge change but certainly could stop land-banking and start delivering housing and infrastructure.

Secondly, permitted development (PD). It has morphed into a policy that will cause more harm to a locality than actually result in good quality homes and a Government report has concluded the same. Aside from the fact there have been numerous cases of horrendous office to residential conversions and no obligations to affordable housing, PD has resulted in the displacement of valuable business and employment in many areas because the residential return far exceeds the commercial. The new permitted development rights could actually see high streets decline even further. Something that goes against what the Government are seeking to do.

I am not suggesting residential conversions can’t take place in high streets but it needs to be in a planned process that takes in to account the local economy and secures quality and space standards. In Brent we have introduced an Article 4 direction in growth areas to stop office to residential conversions and are now seeking to expand that for the whole borough. My solution would be to give councils the ability to opt in to PD with guaranteed quality of housing, rather than a blanket nationwide policy. It needs to be locally led and part of a solution to address local housing, infrastructure and economic needs.  

Thirdly, public sector land should be developed in partnership with local councils not developers. Currently, many public sector bodies have housing targets and often go to developers to deliver those numbers. This results in public sector land being sold, as well as not delivering 100% affordable housing due to ‘unviable’ financial viability assessments.

A simple solution is to legislate that public sector organisations give councils first right of refusal on land to deliver housing or enter in some sort of partnership. Councils can borrow again to build housing and combined with grants, schemes can be delivered with higher numbers of affordable and social homes on all public sector land.

Essentially, these solutions are small but significant and are certainly not only thing we need to do. Fix what is currently not working in the system, give councils the freedoms and powers to maximise affordability, infrastructure and support for local economies. Covid has changed so much and it now time to take decisive action to support councils properly in housing and infrastructure delivery. It is now time to enable councils to lead the housing market, not be hampered by it. 

<strong><span class="has-inline-color has-accent-color">Shama Tatler</span></strong>
Shama Tatler

Councillor Shama Tatler is the Cabinet Member for Regeneration, Property and Planning at the London Borough of Brent. She was elected to represent the Labour Party in Fryent Ward in May 2014 and has been a Cabinet Member since Dec 2016.
 
She is running for the Labour Party NEC and her reasons for running can be found here. Shama also sits on the LGA City Regions Board and the West London Economic Prosperity Board.

Visit her website below: http://www.shamatatler.com/

One reply on “Progressive planning changes are needed not whole-scale reform”

A full planning permission expires if not started within three years but conditions requiring completion would probably be regarded as unduly onerous as a developer could no be forced to proceed when it believes that it will lose money (ie costs have increased and/or prices have fallen). However, open book accounting should be the norm given the detailed negotiations that take place on viability and affordable housing contributions, and that should allow for a provision (some new legislation might be required as s106 would not apply) for setting a fair price for selling to the council or housing should progress come to an effective halt. I would like to see a proportion of all sites offered to self/custom builders (most if not all on the statutory registers) and the remainder of the site made available if and when the main developer fails to progress.

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