Thames Valley planning news

SEPTEMBER 2017 © Tejvan Pettinger

Headline news and South Bucks have raised concerns. The councils must continue to discuss the QUOTE OF THE Local plan progress in the matter of Slough’s unmet housing in order MONTH Thames Valley to meet the duty to cooperate. Furthermore, Slough is seeking to agree an MOU with the Local Plan preparation in the Thames Valley Royal Borough of Windsor and Maidenhead has continued over the summer, with (RBWM) to address Slough’s concerns the Buckinghamshire district councils of regarding the submission version of the Avoiding apparent and Aylesbury Vale, Wycombe, Chiltern and RBWM local plan (see below) (Slough Council unexplained inconsistencies in the Secretary of State’s South Bucks (alongside the Buckinghamshire discussed this matter at a meeting in August). own decisions on matters that Thames Valley Local Enterprise Partnership) While, the Buckinghamshire MOU may have ramifications for entering into a revised Memorandum of marks considerable progress for the decision-making in other cases Understanding (MOU) in July. The agreement Buckinghamshire authorities, the councils also is an important consideration provides greater certainty regarding housing anticipate the publication of an updated Bucks in determining what may [be] required of him if he is not to act distribution figures and unmet need to Housing and Economic Development Needs unreasonably. be apportioned throughout the housing Assessment (HEDNA) in early September. John Howell QC, sitting as deputy market area (HMA).The housing need figures judge in Cumberlege and Anor within the Buckinghamshire HMA remain Extension of Windsor and v Secretary of Statement for unchanged, and the councils have agreed Maidenhead Local Plan Communities and Local Government and Anor (August 2017) objectively assessed housing need figures for consultation their respective plan periods. In addition, the following has been Following concerns raised by a local THE LICHFIELDS agreed that over the respective plan periods residents’ group, RBWM has announced to 2033: Aylesbury Vale will accommodate that the closing date for consultation on PERSPECTIVE 27,400 homes (for the period 2013-33); the submission version of its Local Plan Chiltern and South Bucks 7,175 homes (‘Regulation 19 consultation) has been The Buckinghamshire councils’ (2014-2033); and Wycombe 10,925 homes extended to 27 September 2017. agreement regarding the (2014-33). Accordingly, the councils have RBWM previously announced the distribution of the Bucks HMA’s housing requirement is a positive now agreed that the Vale of Aylesbury Local commencement of the Regulation 19 step forward for local plan Plan will accommodate 5,725 of the Chiltern consultation on 30 June 2017, with a preparation and housing delivery and South Bucks housing requirement and a closing date of 25 August. However, having in the Thames Valley. However, further 2,275 homes from Wycombe’s housing obtained legal advice, a local residents’ group unresolved matters regarding requirement over this period. contended that the Borough’s approach to the Slough Council’s development ambitions for land in South It is important to note, however, that the Regulation 19 consultation was unlawful, Bucks indicate that this is by no housing distribution figures agreed within unduly restrictive and failed to comply with means the end of the story. the MOU do not take into other legal requirements. Daniel Lampard, Senior Director and account Slough BC’s option Head of Thames Valley Office of a proposed northern expansion of Slough into National news the South Bucks Green CONTACT US Belt, to accommodate Inconsistent and unlawful some of Slough’s housing Secretary of State decision Daniel Lampard requirement, to which [email protected] quashed T: 0118 334 1920 Chiltern District Council An outline planning permission granted by Margaret Baddeley [email protected] the Secretary of State (SoS) for development T: 020 7837 4477

Disclaimer Jennie Baker This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain [email protected] professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the T: 020 7837 4477 trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116. Registered office: 14 Regent’s Wharf, All Saints Street, London N1 9RL © Nathaniel Lichfield & Partners Ltd 2017. All rights reserved. lichfields.uk @LichfieldsUK THAMES VALLEY PLANNING NEWS SEPTEMBER 2017 of up to 50 dwellings and associated Latest data on housing Housing White Paper, ‘Fixing our Broken development on land at Mitchelswood starts and completions Housing Market’ are being taken forward: Farm, Newick, has been quashed by the ‘Building more homes is an absolute High Court, following a successful s288 The latest DCLG housebuilding data priority for this government. Today’s challenge by Baroness Cumberlege of shows that in Q2 2017, housing figures are proof that we are getting Newick and her husband. completions in England were at the Britain building again, with new housing Ground 1 of the challenge related to highest level since 2008; 164,960 new starts reaching record levels since 2009. inconsistency in the SoS’ decision-taking: homes were started in the year to June It’s vital we maintain this he had considered that policy CT1 in the 2017, up 13% on the previous year – see momentum to deliver more quality Lewes District Local Plan - which defines the chart below. homes in the places that people want to development boundaries - was up-to-date Housing and Planning Minister Alok live. Our housing white paper set out an in the September 2016 ‘Ringmer decision’, Sharma highlighted these latest figures ambitious package of long-term reforms but out-of-date in the November 2016 on 24 August, while at the same time to do just that.’ Mitchelswood Farm ‘Newick decision’. confirming that the proposals in the John Howell QC, sitting as deputy High Court judge, ruled that when Figure 1 : Housing starts and completions. Q2 completions at highest elvel since 2008, but still below determining if a decision may be invalid pre-recession levels )

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N 10,000 public interest is to secure some degree 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 of coherence and consistency in the Negative quarterly UK GDP growth Starts Completions control of development, no reasonable Communities and Local Government Source: DCLG, Lichfields analysis SoS would fail to take reasonable steps to Note: The figures are based on building control inspection data, submitted to the department by local authorities, ensure that their own decisions, on the the National House Building Council, and independent inspectors and are subject to revision. same class of case, were not apparently The latest data from DCLG shows that However, looking at the 4-quarter moving inconsistent - at least in the same district housebuilding in England has performed average (above), starts and completions are (including decisions made after the close strongly in the second quarter of 2017, still below pre-recession levels. of an inquiry). continuing the momentum started in the Development will need to increase With regard to Ground 2 (relating second half of 2016. substantially if the Government’s manifesto to an alleged an error of fact), both the Overall, 40,310 dwellings were completed pledge of delivering 1,500,000 dwellings by Inspector and the SoS had erroneously between April and June 2017, up from the end of 2022. considered the appeal site to fall outside 39,450 between January and March. the 7km zone of influence of a Special Protection Area and a Special Area of Conservation. The Deputy Judge concluded that whilst it would be Judge overturns Secretary Lane, Winsford, Cheshire. The appeal possible to site the new development of State dismissal of appeal was dismissed against the Inspector’s outside of the zone of influence, a for 180 homes in Winsford, recommendation for it to be allowed and condition was not attached to the Cheshire planning permission granted (following planning permission to control to this a local inquiry in June 2014, and a effect. As such, the planning permission By way of background to this High reopened inquiry in September 2015). was in breach of the requirements of Court case (Richard James Verdin (t/a The Secretary of State’s decision was Regulation 68(3) of the Conservation the Darnhall Estate) and the Secretary challenged on multiple grounds by the of Habitats and Species Regulations of State (SoS) for CLG and Cheshire appellant, a local landowner; the focus 2010, and for this reason alone had to be West and Chester Borough Council and was on the proposed conditions to be quashed. Winsford Town Council) and in July attached to the planning permission 2016, the then Communities Secretary that had been almost entirely agreed Greg Clark dismissed an appeal for 180 in advance with the local planning new homes on land off Darnhall School authority. lichfields.uk 2 THAMES VALLEY PLANNING NEWS SEPTEMBER 2017

In the transcript of the case dated DCLG acknowledges that there was The Local Government Association’s 10 August, High Court judge Robin however ‘no consensus on the definition ‘One Public Estate’ is making a further Purchas QC ruled that the Communities of build to rent and affordable private £9m available ‘to support more councils Secretary had failed to give ‘any rational rent’. No clear cut position emerged to deliver ambitious property-focused explanation’ as to why he had concluded for either. Similarly, there were varied programmes’. in his decision that a planning condition results in respect of the parameters for intended to promote local training and operating affordable private rent’. employment opportunities should not be With regard to ‘next steps’, the attached to a planning permission. following is therefore confirmed: The judge concluded: ‘The Government will now consider ‘Given the absence of evidence of how to take forward the policy area in difficulty in enforcement or any objection the light of these results. Where any on the grounds of lack of precision and points of uncertainty have emerged, the the apparent inconsistency with the Government plans to probe the issues acceptance of similar conditions on over the coming months, including other appeals, in my judgment the First updating our equalities analysis, to better Defendant was here under a duty to understand concerns and to resolve them. provide more by way of reasons as to The aim will be to use the results of this why he had concluded that there was the process to input into future proposals for insufficient precision or the difficulty in revising the National Planning Policy enforcement and detection. That would Framework (and associated Guidance).’ enable the parties and the court to Highlighting the Government’s determine whether there was indeed a support for Build to Rent, it was rational or lawful basis for the decision. announced by Housing Minister Alok That is reinforced by the absence of Sharma on 3 August that a £65 million any rational explanation to support the Government loan had been awarded to a reasons submitted to this court. In my 7,600-unit development at Wembley Park judgment the inadequacy of the reasons in Brent, west London. More than 6,800 has substantially prejudiced the Claimant of these homes will be for rent. and this ground should therefore succeed. The Minister said: I should make clear that in my judgment ‘Whether renting or owning all the condition did potentially go to the families should have the security they weight to be attached to the economic need to be able to plan for the future. and social dimensions of sustainability That’s why as part of our plan to and accordingly would have been fix the broken housing market we’ve material in forming part of the overall been taking action to create a bigger and planning balance.’ better private rental market, supporting new Build to Rent developments so that Revised NPPF to include tenants can have greater choice.’ policy for planning for Build to Rent New cross-government partnership for ‘Land Release DCLG published ‘Planning and affordable Fund’ housing for Build to Rent: summary of consultation responses’ on 3 August, On 1 August, the Government launched following on from the consultation a £54 million funding package for paper issued alongside the Housing land remediation and small-scale White Paper, ‘Fixing our Broken Housing infrastructure, intended to ‘ensure local Market’ in February this year. councils release some of their unused or The summary document states that surplus land for housing’. ‘there was a general consensus view in The ‘Land Release Fund’ is support of many of the key proposals providing £45m by way of a partnership which were floated in the consultation’ arrangement between DCLG and the and: Cabinet Office; the objective is toattract ‘There was also clear support for bids to ‘help to meet the ambition to a national approach on build to rent to unlock enough council-owned land for at be set out and consolidated in planning least 160,000 homes by 2020’, by making policy.’ ‘smarter use’ of government-owned property. lichfields.uk 3