Page 1 of 162 KENDAL TOWN COUNCIL
Notice of Meeting
PLANNING COMMITTEE
Monday, 6th June 2016 at 6.30 p.m. in the Georgian Room, the Town Hall, Kendal
Committee Membership (7 Members) Jon Robinson (Chair) Austen Robinson (Vice-Chair) Alvin Finch Keith Hurst-Jones Lynne Oldham Matt Severn Kath Teasdale
AGENDA
1. APOLOGIES
2. PUBLIC PARTICIPATION
Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so before the commencement of the meeting. Information on how to make the application is available on the Council’s Website - www/kendaltowncouncil.gov.uk/Statutory Information/General/ Guidance on Public Participation at Kendal Town Council Meetings or by contacting the Town Clerk on 01539 793490.
3. DECLARATIONS OF INTEREST
To receive declarations by Members and/or co-optees of interests in respect of items on this Agenda [In accordance with the revised Code of Conduct, Members are required to declare any Disclosable Pecuniary Interests (DPIs) or Other Registrable interests (ORIs) which have not already been declared in the Council’s Register of Interests. Members are reminded that it is a criminal offence not to declare a DPI, either in the Register or at the meeting. In the interests of clarity and transparency, Members may wish to declare any DPI which they have already declared in the Register, as well as any ORI.]
4. MINUTES OF MEETING HELD ON 23RD MAY 2016 (see attached)
5. MATTERS ARISING FROM PREVIOUS MINUTES, NOT ON AGENDA
6. CUMBRIA MINERALS AND WASTE LOCAL PLAN CONSULTATION (see attached x6)
7. ALLOCATIONS POLICY CONSULTATION (see attached x3)
8. ANY OTHER BUSINESS
9. PLANNING APPLICATIONS (see attached schedule)
Liz Richardson Town Clerk
By e-mail/post to: Members of the Committee All other Councillors (agenda only, for information) Please note that only Committee Members will receive the minutes and attachments, but that other Councillors may request a copy of any agenda papers. Any Councillor who is not a Committee Member may still attend the meeting, as an observer. ------
Members of the Press and Public are welcome to attend the meeting. Page 2 of 162 KENDAL TOWN COUNCIL
Planning Committee
Monday 23rd May 2016 at 6.30 p.m. in the Mayor’s Parlour, the Town Hall, Kendal
PRESENT Councillors Austen Robinson (Chair), Alvin Finch, Lynne Oldham, and Kath Teasdale
APOLOGIES Councillors Jon Robinson and Matt Severn
OFFICERS Nicky King (Council Secretary)
Also present for item 13 on the planning applications schedule were Councillor Giles Archibald and members of the public.
015/16/17 ORDER OF BUSINESS
Councillor A Robinson suggested that the order of business of the agenda be amended to bring forward item 13 on the planning applications schedule (land adjacent to Underbarrow Road, Kendal). This would enable members of the public in attendance to leave the meeting following consideration of that application. This was agreed by the Committee
016/16/17 DECLARATIONS OF INTEREST
There were no declarations of interest made at this point.
017/16/17 PUBLIC PARTICIPATION
Councillor G Archibald had attended the meeting and requested to address the Committee as resident of 35 Greenside on the application for land adjacent to Underbarrow Road, Kendal.
He emphasised that many issues of concern had been identified at a previous meeting of the Committee on 22nd February 2016. Whilst some of these had been resolved, many remained. In particular, he highlighted the following:
• The new Travel Plan and Transport Study was inadequate. It ignored the steep gradient from the town centre up to the proposed development and did not properly analyse the effect on the Glebe Road/Queens Road junction, which is already congested. It was also pointed out that the development does not comply with the requirement to be within 400m of a bus stop.
• The flood risk document accepted that there was insufficient infiltration on the site to take surface water and this would flow into a combined pipe on Brigsteer Road. There was concern that this could cause problems and pose a risk of flooding
• The Contamination Report confirms that the land is contaminated and arsenic levels are too high. It does not state where the Page 3 of 162 23.05.2016 Planning Committee
arsenic has come from, however it can seep from landfill sites, of which there are two close by.
• The number of affordable houses is well below the required 35%. Previously it had been advised that for every affordable house there would be 2 upmarket properties. This development would have 5 upmarket properties for every affordable house.
Mrs Carmichael of The Ghyll, Brigsteer Road added that there was a complete absence of green corridors and lack of linking between the green spaces that were available.
Mr Julian of Highlands, Brigsteer Road advised that plots 9, 10, 11 and 12 comprised any future development of the paddock area in his ownership due to the proximity of those plots to his boundary.
Members of the Committee then discussed the application in detail and the following comments were made:
Councillor A Robinson commented that the properties on land fronting Brigsteer Road were of poor design. He considered that it was a very functional development on a sensitive approach to Kendal.
Members agreed that the contamination issues were of concern.
The Glebe Road/Queens Road junction was discussed. Members observed that the junction is currently heavily congested and the proposed development would only exacerbate the problem.
It was concluded that the developer had not made adequate changes/adjustments to the proposals.
Councillor Finch proposed that the application be rejected and that the Committee recommend to SLDC that it be refused. Principal reasons for this decision being as follows:
Particular concerns over: • The shortage of affordable housing. • The relatively poor design (especially those properties on land fronting Brigsteer Road) on this very functional development on a sensitive approach to Kendal.
Continued concerns over: • Contamination. • Surface water clearance. • Potential loss of amenity to certain properties. • Travel and transport considerations.
Members also remained concerned about issues highlighted in Councillor J Robinson’s email of 18th April 2016 to Fiona Clark of SLDC. Page 4 of 162 23.05.2016 Planning Committee
The proposal was seconded by Councillor Oldham and carried unanimously.
RESOLVED That application 13 on Appendix 1 for development of land adjacent to Underbarrow Road, Kendal be refused.
018/16/17 MINUTES OF MEETING HELD ON 9TH MAY 2016
Members considered the minutes of the Committee meeting held on 9th May 2016.
RESOLVED That the minutes of the meeting held on 9th May 2016 be accepted as a correct record, and signed by the Chair.
MATTERS ARISING
019/16/17 Public Exhibition on behalf of Electricity North West Ltd
Councillor A Robinson confirmed that he had attended the public exhibition, along with Councillor Finch, in respect of proposed planning applications for residential development at the company’s depots off Parkside Road. It was noted that there were no affordable houses on the proposed development and it was planned to move the 70 people employed on the site to the top floor of K Village which would present parking issues. Councillor A Robinson added that access to the right hand side of the site was awkward.
020/16/17 NOTIFICATION AND CONSULTATION ON PLANNING APPLICATION REF 5/14/9005 – KENDAL HWRC
Notification had been received from Cumbria County Council of submitted planning application documents for the continued use of Kendal Household Waste Recycling Centre at Canal Head North for an extended time period. Members considered the papers and discussed the application in detail. Councillor A Robinson recommended that the Committee support the application for continued use of the site for a further two years. All Members were in agreement.
RESOLVED That the Committee support the application for continued use of the Kendal Household Waste Recycling Centre at Canal Head North for a further two years.
021/16/17 ANY OTHER BUSINESS
None.
022/16/17 PLANNING APPLICATIONS
Members considered Planning Applications submitted for consultation purposes by the local planning authority, South Lakeland District Council.
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RESOLVED That having considered the applications outlined in the schedule, the recommendations in Appendix I attached to these minutes be made to South Lakeland District Council.
The meeting ended at 7.30pm
Signed ………………………………………………………………
Dated ……………………………………………………………… Page 6 of 162 23/05/2016 Planning Appendix 1
No. App No./ Address/ Comments Observations/ Type Proposed Development To SLDC Recommendations 1 FPA Land at 59 Captain French Lane, 24.05.2015 Refuse 0339 Kendal • Highways Detached bungalow issues • Over-intensive use of site • Concern re parking to whole development 2 FPA 257 Valley Drive, Kendal 24.05.2015 Approve 0367 Two storey side extension and a single Provided not storey rear extension unneighbourly
3 FPA 19 Wansfell Drive, Kendal 24.05.2015 Approve 0385 Alteration to roof to enclose existing roof terrace with a dormer window 4 FPA 20 Low Garth, Kendal 24.05.2015 Approve 0383 Single storey rear extension 5 FPA Abbey Horn of Kendal Ltd, Kent 25.05.2015 Approve 0347 Works, Burneside Road, Kendal Conversion of office/print room/store into three dwellings 6 FPA 2 Collin Close, Kendal 26.05.2015 Approve 0366 Single storey rear extension Provided not unneighbourly 7 FPA 19 Parr Street, Kendal 27.05.2015 Approve 0400 Single storey rear extension Very serious concerns that it could be unneighbourly 8 FPA 16 Serpentine Road, Kendal 27.05.2015 Approve 0397 Demolition of existing kitchen extension Provided not and erection of replacement single storey unneighbourly rear extension 9 FPA 34 High Fellside, Kendal 27.05.2015 Approve 0389 Replacement front door 10 FPA 27 High Fellside, Kendal 03.06.2016 Approve 0399 Installation of nine replacement window units with aluminium (white powder coated) frames 11 FPA 58 Natland Road, Kendal 03.06.2016 Approve 0430 Formation of vehicular access by dropping the kerb
Page 7 of 162 23/05/2016 Planning Appendix 1
12 FPA 116 Highgate, Kendal 03.06.2016 Approve 0425 Refurbishment and internal and external Provided external alterations to former dental surgery to alterations are in form new accommodation for Sight keeping with Advice South Lakes (Registered Charity existing building No. 1145818) providing services to support visually impaired people 13 FPA Land Adj to Underbarrow Rd, Kendal 02.06.2016 Refuse 0413 Construction of 41 dwelling houses and 6 See appendix apartments, including site access road, attached. car parking areas and garages 14 FPA 61 Serpentine Road, Kendal 06.06.2016 Approve 0332 Installation of replacement front door and upvc sliding sash window frames and removal of front boundary wall to create parking area to front of property 15 FPA 70 Greenside, Kendal 07.06.2016 Approve 0423 Formation of accommodation in roof space, installation of roof lights, erection of front canopy and rebuilding of detached garage to include single garage and garden room/home office 16 FPA Natland Millbeck Farm, Natland 07.06.2016 Approve 0462 Millbeck Lane, Kendal Variation of condition 2 (approved plans) attached to planning permission SL/2014/1101 17 FPA 22 Greengate, Kendal 08.06.2016 Refuse 0388 Formation of vehicular access • Impractical • Highways issues • Inappropriate for site 18 FPA 64 Kirkbarrow, Kendal 09.06.2016 Approve 0311 Single storey side extension
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Cumbria County Council
Environment & Regulatory Services Planning Services County Offices Busher Walk Kendal LA9 4RQ T: 01539 713548 E: [email protected]
Name
Address line 1 Address line 2 City County Postcode
Date: 23 May 2016 Our reference: SAB/p334/28
The Town and Country Planning (Local Planning) (England) Regulations 2012 Regulation 19 Consultation about the draft Cumbria Minerals and Waste Local Plan 2015-2030 Publication Version
Dear Sir/Madam
I am writing to invite your comments on the draft Cumbria Minerals and Waste Local Plan. Any comments that you wish to make will need to be received by 5pm Monday 4 July 2016.
The draft Local Plan is a single document with three sections – Strategic Policies, Development Control Policies and Site Allocations together with a Policies Map. Included with this letter are the draft Local Plan policies, but without the supporting text, maps of the site allocations, the Statement of the Representations Procedure, a Response Form, should you wish to use this for your representation, and guidance on responding.
The complete draft Local Plan and its supporting documents can be seen on the County Council website at: http://www.cumbria.gov.uk/planning-environment/policy/minerals_waste/MWLP/Consultations2016.asp.
The supporting documents are the Sustainability Appraisal, Habitats Regulations Assessment, Strategic Flood Risk Assessment and the Site Assessments Report.
The Policies Map is required to include a lot of information, because of this, it has had to be produced in six parts, plus seven insert maps at a larger scale, in order to see the detail.
Paper copies of all the major documents are available for inspection at the County Council offices in Kendal and Carlisle, at District Council planning offices and at the libraries in the six main towns; please see the Statement of the Representations Procedure for details. CD copies of any documents or maps can also be provided on request.
This draft of the Local Plan has been prepared following the Regulation 18 consultation in March to May 2015. Having taken account of the comments that are received in this Regulation 19 consultation, the County Council will decide whether the draft Local Plan should be amended or submitted in its present form to the Secretary of State. There will have to be another round of consultations if it is decided to amend the draft Plan.
The Local Plan has to set out the Council’s policies for the provision for mineral working, for safeguarding mineral resources and associated mineral developments and for waste management. The Plan period is to 2030. It is for those parts of Cumbria that are outside of the Lake District and Yorkshire Dales National Parks.
Serving the people of Cumbria cumbria.gov.uk
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The Local Plan policies, once they have been formally adopted by the County Council, will replace those of the Cumbria Minerals and Waste Development Framework’s adopted Core Strategy and Generic Development Control Policies.
Any representations that you wish to make can be sent by post to Planning and Sustainability, County Offices, Kendal LA9 4RQ or by email to [email protected], they will need to be received no later than 5pm Monday 4 July 2016.
Please do not hesitate to contact us on 01539-713409 or at [email protected] if you require further information or copies of any documents.
Yours faithfully,
Sue Brett Minerals and Waste Planning Policy
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Cumbria County Council Minerals and Waste Local Plan: Pre-Submission Draft
Guidance for completing the representation form
1. Introduction
The County Council is consulting on the Pre-Submission Draft of the Cumbria County Council Minerals and Waste Local Plan from Monday 23 May until Monday 4 July 2016. This stage of the consultation is the final opportunity for representations to be made prior to the Plan being submitted for Independent Examination. The Planning and Compulsory Purchase Act 2004 (as amended)1 (the 2004 Act) states that the purpose of the examination is to consider whether the Minerals and Waste Local Plan complies with legal requirements, the Duty to Co-operate and is ‘sound’.
At this stage, representations should relate to the soundness of the document, compliance with the Duty to Co-operate and legal compliance. The representation form will ask you whether you consider that the Plan is sound and legally compliant and, if not, which ‘tests of soundness’ or other requirements you feel it does not satisfy.
You should complete a separate representation form for each comment you wish to make relating to the publication. Guidance on how to complete a representation form is contained below.
2. Legal Compliance
At the Examination, the Inspector will first check that the Plan meets the legal requirements under s20(5)(a) and the Duty to Co-operate under s20(5)(c) of the 2004 Act, before moving on to test for soundness.
You should consider the following before making a representation on legal compliance:
The Development Plan Document (DPD) in question (the Pre-Submission draft of the Cumbria County Council Minerals and Waste Local Plan) should be within the current Local Development Scheme (LDS) and the key stages should have been followed. The LDS is effectively a programme of work prepared by the Local Planning Authority (LPA), setting out the DPDs it proposes to produce over a 3 year period. It will set out the key stages in the production of any DPDs that the LPA propose to bring forward for independent examination. If the DPD is not in the current LDS, it should not have been published for representations. The LDS should be on the LPA’s website and available at their main offices. The process of community involvement for the publication in question, should be in general accordance with the LPA’s Statement of Community Involvement. The Statement of Community Involvement (SCI) is a document that sets out an
1 View the 2004 Act at: http://www.legislation.gov.uk/ukpga/2004/5/contents Page 11 of 162
LPA’s strategy for involving the community in the preparation and revision of DPDs and the consideration of planning applications. The publication should comply with the Town and Country Planning (Local Planning) (England) Regulations 2012. On publication, the LPA must publish the documents prescribed in the regulations, and make them available at their principal offices and on its website. The LPA must also notify the Local Plan bodies (as set out in the Regulations) and any persons who have requested to be notified. The LPA is required to provide a Sustainability Appraisal Report when it publishes a Local Plan. This should identify the process by which the Sustainability Appraisal has been carried out, and the baseline information used to inform the process and the outcomes of that process. Sustainability Appraisal is a tool for appraising policies to ensure that they reflect social, environmental and economic factors.
You should consider the following before making a representation on compliance with the Duty to Co-operate:
The Duty to Co-operate came into force on 15 November 2011 and any Plan submitted for examination on or after this date will be examined for compliance. LPAs will be expected to provide evidence of how they have complied with any requirements arising from the duty. The 2004 Act establishes that non-compliance with the Duty to Co-operate cannot be rectified after the submission of the Plan. Therefore, the Inspector has no power to recommend modifications in this regard. Where the duty has not been complied with, the Inspector has no choice but to recommend non- adoption of the Plan.
3. Soundness
Soundness is explained fully in the National Planning Policy Framework (NPPF, paragraph 182). The Inspector has to be satisfied that the Plan is positively prepared, justified, effective and consistent with national policy.
Positively prepared – the Plan should be prepared, based on a strategy that seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so, and consistent with achieving sustainable development; Justified – the Plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence; Effective – the Plan should be deliverable over its period, and based on effective joint working on cross-boundary strategic priorities; and Consistent with national policy – the Plan should enable the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework. Page 12 of 162
If you think the content of the Pre-Submission draft of the Cumbria County Council Minerals and Waste Local Plan is not sound, because it does not include a policy where it should do, you should go through the following steps before making representations:
Is the issue with which you are concerned already covered specifically by any national planning policy? If so it does not need to be included. Is what you are concerned with covered by any other policies in the Pre- Submission draft of the Cumbria County Council Minerals and Waste Local Plan, on which you are seeking to make representations, or in any other Plan? If the policy is not covered elsewhere, in what way is the Pre-Submission draft of the Cumbria County Council Minerals and Waste Local Plan unsound without the policy? If the Pre-Submission draft of the Cumbria County Council Minerals and Waste Local Plan is unsound without the policy, what should the new policy say?
4. General advice
If you wish to make a representation seeking a change to the publication or part of the publication, you should make clear in what way the publication or part of the publication is not sound, having regard to the legal compliance, Duty to Co-operate and the four requirements set out above.
You should try to support your representation with evidence, showing why the publication should be changed. It will be helpful if you also say precisely how you think the publication should be changed. Representations should cover succinctly all the information, evidence and supporting information necessary to support/justify the representation and the suggested change, as there will not normally be a subsequent opportunity to make further submissions based on the original representation made at publication. After this stage, further submissions will be only at the request of the Inspector, based on the matters and issues he/she identifies for examination.
Where there are groups who share a common view on how they wish to see the Pre- Submission draft of the Cumbria County Council Minerals and Waste Local Plan changed, it would be very helpful for that group to send a single representation that represents the view, rather than for a large number of individuals to send in separate representations that repeat the same points. In such cases, the group should indicate how many people it is representing and how the representation has been authorised. Page 13 of 162
CCC Ref:
PLANNING AND COMPULSORY PURCHASE ACT 2004
TOWN AND COUNTRY PLANNING (LOCAL PLANNING) (ENGLAND) REGULATIONS 2012
REGULATION 19 CONSULTATION
PRE SUBMISSION DRAFT CUMBRIA MINERALS AND WASTE LOCAL PLAN 2015 to 2030
REPRESENTATION FORM
May 2016
PLEASE RETURN REPRESENTATIONS BY 5PM MONDAY 4 JULY 2016
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The County Council has a responsibility to ensure that the Local Plan is “sound” in that it is positively prepared, justified, effective and consistent with national policy (see definition box below).
Comments must be received by 5pm Monday 4 July 2016. Comments/responses can be submitted by email to [email protected] or by post to the Minerals & Waste Planning Policy Team, County Offices, Kendal LA9 4RQ.
If you have any queries or require any further information; the Team can also be contacted via telephone on 01539-713409.
Please ensure that you have given your name or organisation name, together with contact details, including e-mail address. This will allow us to keep you informed with regards to the further stages and amendments made to the document as it progresses.
Guidance for completing the Representation Form has been prepared and is available to download at: http://www.Cumbria.gov.uk/planning- environment/policy/minerals_waste/MWLP/Consultations2016.asp.
Comments submitted on this form will be added to a consultation response database. Originals will be available for the public to view on request, under the terms of the Freedom of Information Act. All information will be handled in accordance with the requirements of the Data Protection Act 1998.
The National Planning Policy Framework’s definition of soundness (paragraph 182) is that the Local Plan is:- Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development; Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence; Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities; and Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework.
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PART A: PERSONAL DETAILS
Name:
Organisation (where relevant):
Address:
E-mail Address:
What is your preferred method of contact?
Post Email
Who are you responding as?
An individual A Town or Parish Council
A Local Authority A CCC Member, District Councillor or MP
Statutory consultee A minerals and/or waste company
Consultant/landowner On behalf of a community group
Other organisation Other (please state):
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PART B: REPRESENTATION(S)
Please use a separate sheet for each representation.
1. To which part of the MWLP does this representation relate?
Figure/Map Paragraph Policy Table Number
2. Do you consider the MWLP is: (please tick)
Legally Compliant Yes No
Sound Yes No
Complies with the
Duty to Co-operate Yes No
3. To which area(s) of soundness does your representation relate? (tick if applies)
Positively Prepared - based on an assessment of the development and infrastructure required over the Plan period, consistent with achieving sustainable development
Justified - based on proportionate evidence and the most appropriate strategy when considered against reasonable alternatives
Effective - the Plan should be deliverable over its period and based on effective
joint working
Consistent with National Policy - enable the delivery of sustainable development in line with the National Planning Policy Framework
4. Please give details of why you consider the Plan is either not legally compliant, fails to comply with the Duty to Co-operate or is unsound. Please be as precise as possible. You may also give reasons why you wish to support the compliance or soundness of the Plan.
Please note that your representation should cover succinctly all the information, evidence and supporting information necessary to support/justify the representation and the suggested modification. After this stage, further submissions will be only at the request of the Inspector and based on the matters and issues he/she identifies for examination.
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Your Representation (please continue on a separate sheet or expand the box as necessary).
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5. Please set out what modification(s) you consider necessary to make the Plan legally compliant or sound, having regard to the test you have identified at Q3 above where this relates to soundness. (Please note that any non-compliance with the Duty to Co-operate is incapable of modification at examination).
You will need to say why this modification will make the Local Plan legally compliant or sound. It will be helpful if you are able to put forward your suggested revised wording of any policy or text. Please be as precise as possible. Your Representation (please continue on a separate sheet or expand the box as necessary).
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If your representation is seeking a modification, do you consider it necessary to participate at the oral part of the examination? (please tick)
No, I do not wish to participate at the oral examination
Yes, I wish to participate at the oral examination
It is important to note that written and oral representations carry exactly the same weight and will be given equal consideration in the examination process.
6. If you wish to participate at the oral part of the examination, please outline why you consider this to be necessary:
7. I wish to be notified about the: (please tick)
Publication of the Inspector’s recommendations following the examination of the Plan
Adoption of the Plan
Please note that notification will be sent to the contact details through the preferred method stated in Part A, unless otherwise specified.
Your signature* Date
*If you are returning the form electronically, you may state your name.
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PLANNING AND COMPULSORY PURCHASE ACT 2004
TOWN AND COUNTRY PLANNING (LOCAL PLANNING) (ENGLAND) REGULATIONS 2012
REGULATION 19 CONSULTATION PUBLICATION VERSION
DRAFT CUMBRIA MINERALS AND WASTE LOCAL PLAN 2015 to 2030
POLICIES
APRIL 2016
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PART 1
STRATEGIC POLICIES
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POLICY SP1 Presumption in favour of sustainable development
When considering development proposals, the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. It will always work proactively with applicants to find solutions that mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area.
Planning applications that accord with the policies in this Local Plan (and, where relevant, with policies in Neighbourhood Plans) will be approved without delay, unless material considerations indicate otherwise.
Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision, then the Council will grant permission unless material considerations indicate otherwise – taking into account whether:
any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole; or specific policies in that Framework indicate that development should be restricted.
POLICY SP2 Provision for waste
Provision will be made for the management of all of Cumbria's wastes within the county, with the acceptance of limited cross boundary movements (net self- sufficiency). This will be achieved by allocating sufficient sites to meet objectively identified needs for additional facilities.
Any proposals to manage significant volumes of wastes from outside the county would have to demonstrate that the local, social, environmental and economic benefits outweigh other sustainability criteria.
These other criteria include the impacts of the additional "waste miles" and the principles of managing waste as close as possible to its source, with each community taking responsibility for its own wastes and taking account of the nearest appropriate facility.
POLICY SP3 Waste capacity
Waste management facilities In order to provide an integrated network and to meet any waste capacity gaps that are predicted to arise during the Plan period, the Plan identifies: 7 sites of between 2 and 4ha for additional waste recycling and treatment facilities (these could provide for commercial and industrial waste or municipal waste); Broad Areas where any of a number of sites may be suitable for waste management; alternative sites for those Household Waste Recycling Centres (HWRC) that are Page 25 of 162
required to be replaced. Proposals on unallocated sites, where opportunities arise that were not anticipated, will be considered if they conform to the other, relevant policies in this Plan. Preference will be given to sites that contribute to an integrated network of waste facilities by accommodating several types of facility, or by being well located in relation to the sources, or to the destination of, the waste stream being managed. The need for provision for construction and demolition, or excavation, waste arising from major infrastructure projects will be kept under review and proposals considered against relevant policies in this Plan. Landfill Proposals for additional inert or non-inert landfill capacity will be considered if they are necessary to meet a capacity need identified in this Plan, or if it can be demonstrated that there is a need for the development and that it would not undermine the waste hierarchy. Time extensions for existing landfill facilities will be considered if they are necessary: to meet a capacity need identified in this Plan; or to achieve acceptable restoration contours; or to maintain an integrated network of a range of appropriate and necessary waste management facilities across the county.
POLICY SP4 Transparent decision making
Proposals for radioactive waste facilities will need to demonstrate how the development complies with:
the principles of sustainable development; the waste hierarchy; the precautionary principle; and the proximity principle.
POLICY SP5 Development criteria for low level radioactive waste sites
Any proposal for new facilities for the treatment, management, storage and/or disposal of low level radioactive waste, must demonstrate that:
it conforms to UK Government policies and strategies for LLW; it conforms to the other relevant policies of this Local Plan; it represents the most appropriate option; it is in line with the principle that communities take more responsibility for their own waste, enabling the waste to be managed in the nearest appropriate installations to its point of arising, the preference being on existing nuclear licensed sites; it complies with the principles of sustainable waste management - in doing so, it should identify the intended catchment area; any significantly adverse impacts will be mitigated to an acceptable level; a feasible strategy is in place in relation to the long-term integrity of the site; it will not prejudice the existing use where the proposal involves co-location on an Page 26 of 162
operational waste disposal site.
POLICY SP6 Higher activity radioactive wastes treatment, management and storage
Development proposals for the treatment, management and storage of higher activity radioactive waste arising within the county will need to demonstrate:
compliance with national and international standards and best practice for environment, safety and security; and the reasons why possible alternative methods (for dealing with the waste) have been rejected; and that any adverse impacts have been adequately mitigated or compensated for.
Development proposals for the treatment, management and/or storage of waste that arises from outside Cumbria, will need to demonstrate that:
alternative locations, at or closer to where these wastes arise, have only been rejected following rigorous assessment; and all practicable measures are taken to minimise the adverse effects of development and associated infrastructure; and acceptable measures are in place to secure decommissioning and site restoration.
POLICY SP7 Minerals provision and safeguarding
Provision for potential further mineral working will be made by identifying Preferred Areas and/or Areas of Search:-
to enable a landbank at the Local Aggregates Assessment level of at least seven years sales for sand and gravel and at least ten years for crushed rock to be maintained throughout the Plan period; for continued quarrying of nationally important very high specification roadstone and regionally important high specification roadstone; for continued quarrying of brickmaking mudstones; for continued quarrying of slate; and for continued extraction of gypsum.
Mineral resources will be safeguarded from being unnecessarily sterilised by other developments by identifying:-
Mineral Safeguarding Areas for the indicative sand and gravel and hard rock resources (including high specification aggregates), shallow coal and fireclay resources; Mineral Safeguarding Area for identified resources of brick clay; Mineral Safeguarding Areas for the remaining gypsum resources; Page 27 of 162
Mineral Safeguarding Area for identified resources of slate; Mineral Safeguarding Area for identified resources of secondary aggregates; Mineral Consultation Area, which covers the resources within all the Mineral Safeguarding Areas.
POLICY SP8 Strategic areas for new mineral developments
The Kirkby Thore/Long Marton area is identified as the location for further supplies of gypsum, if required towards the end of the Plan period.
Land next to High Greenscoe Quarry is identified as the location for further supplies of mudstones for the Askam in Furness brickworks.
Land next to Kirkby Slate Quarry is identified as the location for further supplies of slate.
The sandstones near Roan Edge Quarry and Holmescales Quarry are identified as the locations for further supplies of regionally important high specification roadstone.
The sand and gravel resources in the Roosecote area and near Peel Place Quarry are identified as the location for further supplies of sand and gravel in the south west of the county.
POLICY SP9 Marine dredged aggregates
Planning permission will be granted for developments that demonstrate both an appropriate location and that they do not have unacceptable environmental impacts when enabling the increased use of marine dredged aggregates as an alternative to land won aggregates.
POLICY SP10 Industrial limestones
Any proposal for the extraction of high purity limestone should demonstrate that it is primarily for non-aggregate uses. Each application will be considered on its own merits against other relevant policies in this Plan, regardless of the stock of permitted reserve. However, low stocks of permitted reserves, to serve a related industrial facility, may be seen as an indicator of urgent need.
POLICY SP11 Peat
Planning permission will not be granted for peat extraction from new or physically extended sites.
Time extensions for existing peat extraction planning consents will be considered on a case-by-case basis, where it is demonstrated that it is necessary to enable the proper restoration of the land or to secure biodiversity, climate change or other Page 28 of 162 appropriate objectives of this Plan.
POLICY SP12 Climate change mitigation and adaptation
Proposals for minerals and waste management developments should demonstrate that:
proportionate to the scale and type of development, energy management, carbon reduction and resource efficiency have been determining design factors for the development; and water use and the requirement for wastewater treatment have been minimised; and their location will minimise, as far as is practicable, the "minerals or waste road miles" involved in supplying the minerals or managing the wastes, unless other environmental/sustainability and, for minerals, geological considerations override this aim; and where the development affects or is adjacent to peat bog, that carbon emissions would not be significantly increased and the condition of remaining peat bog would not be adversely affected; and where appropriate, restoration and afteruse proposals fulfil a role in helping to mitigate for or adapt to climate change.
Proposals for low carbon renewable energy will be supported where they conform to other relevant policies in this Plan and either:
a. use residual waste as part of the feedstock; or b. are located within a proposed or existing mineral or waste site and do not have unacceptable impacts on the operations, restoration or aftercare of the site.
POLICY SP13 Economic benefit
Proposals for new and time or physically or extended minerals and waste developments should demonstrate how they would realise their potential to provide economic benefit. This may include such matters as the number of jobs directly or indirectly created or safeguarded and the support that proposals give to other industries and developments.
Relevant adverse economic impacts on other industries, or on regeneration and development initiatives, will be weighed against the overall economic benefits of the proposal.
POLICY SP14 Environmental assets
Minerals and waste management developments, including restoration and afteruse, should:
protect, maintain and enhance people’s overall quality of life and the natural, historic and other distinctive features that contribute to the environment of Cumbria and to the character of its landscapes and places; Page 29 of 162
conserve the settings of these environmental assets; improve the linkages between these environmental assets and provide buffer zones around them, where this is appropriate; realise the opportunities for expanding and increasing environmental resources, including adapting and mitigating for climate change; help to secure movement from a net loss of biodiversity towards achievement of net gains in biodiversity resources by protecting, enhancing, expanding and linking areas for wildlife within and between the locations of highest biodiversity resources and encouraging the conservation and expansion of the ecological fabric elsewhere; help to create new green infrastructure, and to conserve and manage where it is existing, and enhance its functionality, quality, connectivity and accessibility.
All proposals should also be expected to demonstrate that they include reasonable measures to secure the opportunities that they present for enhancing Cumbria's environmental assets.
Information on environmental assets and guidance on implementing parts of this policy are provided by the Cumbria Landscape Character Guidance and Toolkit, the Guide to using the Cumbria Historic Landscape Character database, the Cumbria Biodiversity Evidence Base and the Cumbria Historic Environment Record.
There are national policies for areas and features that are identified to be of international, European or national importance, as set out below.
Landscape designations
Major developments that adversely affect the designated areas or the settings of National Parks, Areas of Outstanding Natural Beauty and Heritage Coasts, will only be granted planning permission in exceptional circumstances and where it can be demonstrated that they are in the public interest, in accordance with paragraph 116 of the National Planning Policy Framework.
Geodiversity designations
Major developments that adversely affect the designated areas of Geoparks, will only be granted planning permission in exceptional circumstances and where it can be demonstrated that they are in the public interest, in accordance with paragraph 116 of the National Planning Policy Framework. They shall also incorporate any relevant features of geological interest into an appropriate restoration scheme.
Marine designations
The local planning authority will exercise its functions in relation to Marine Conservation Zones (MCZ) in accordance with the duties placed upon it by the Marine and Coastal Access Act 2009 (paras 125-127). The local authority will seek to exercise its functions in a manner that furthers the achievement of the conservation objectives of the MCZ, or least hinders the achievement of those objectives. Therefore, any major developments that adversely affect any MCZ, will only be granted planning permission in exceptional circumstances and where it can be demonstrated that they are in the public interest, in accordance with paragraph 118 of the National Planning Policy Framework. Page 30 of 162
Ramsar and European Wildlife Sites
The precautionary principle will be applied to any development proposals affecting these sites and planning permission will be granted only if Habitats Regulations Assessment can determine that a proposal will not have an adverse effect on the integrity of the Site. The only exception is where there are no alternative solutions that would have no (or a lesser) effect and that the development must be carried out because there are imperative reasons of overriding public interest, in accordance with paragraphs 25 to 32 of ODPM Circular 06/2005 (Defra Circular 01/2005).
In accordance with NPPF paragraph 118, this policy also applies to potential Special Protection Areas, possible Special Areas of Conservation and proposed Ramsar sites where the Government has initiated the relevant public consultation, and for sites identified, or required, as compensatory measures for adverse effects on European or Ramsar Sites, including the potential, possible or proposed ones.
Sites of Special Scientific Interest (SSSI)
In accordance with paragraphs 56 to 83 of ODPM Circular 06/2005, and the general and overarching duty placed on local planning authorities, to take reasonable steps to further the conservation and enhancement of the features for which sites are of special interest:-
Planning permission will not normally be granted for development within or outside an SSSI, which is likely to have an adverse effect on it, individually or in combination with other development. Exceptions will only be made where the benefits of the development, at the proposed site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of SSSIs.
Heritage designations
Major developments that adversely impact on the significance of World Heritage Sites, Scheduled Monuments, Registered Historic Battlefields, Registered Historic Parks and Gardens, Listed Buildings and Conservation Areas, or their settings, will only be granted planning permission in exceptional or wholly exceptional circumstances (in accordance with paragraph 132 of the National Planning Policy Framework) and where it can be demonstrated that there are substantial public benefits.
Environmental assets not protected by national, European or international legislation
Where not otherwise protected by national, European or international legislation, great weight will be given to conserving habitats and species of principal importance and irreplaceable habitats. In accordance with NPPF paragraph 118, planning permission will be refused for development resulting in the loss or deterioration of irreplaceable habitats unless the need for, and benefits of, the development in that location clearly outweigh the loss.
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Permission will not be granted for development that would have an unacceptable impact on the environmental assets, on its own or in combination with other developments, unless it is demonstrated that:-
there is an overriding need for the development, and it cannot reasonably be located on any alternative site that would result in less or no harm, and then, the effects can be adequately mitigated, or if not, the effects can be adequately and realistically compensated for through offsetting actions.
POLICY SP15 Restoration and afteruse
Restoration, afteruse and aftercare schemes for mineral working and waste management sites should demonstrate that best practicable measures have been taken to help deliver the sustainability objectives of this Plan. This should include consideration of the potential for biodiversity, geodiversity and landscape enhancement, flood risk mitigation and water quality, maintaining agricultural land quality, ameliorating contaminated land and securing land stability.
POLICY SP16 Section 106 planning obligations
Where it is not possible to achieve the necessary control or outcome through the use of planning conditions, the County Council will require appropriate mitigation to be secured through Section 106 planning obligations that ensure that development proposals:-
1. Secure long term management of relevant environmental assets. 2. Provide financial guarantees, including with parent companies, where appropriate for restoration works, except where a national industry guarantee fund will remain in place. 3. Provide necessary infrastructure such as highway and transport improvements, flood and surface water management schemes and green infrastructure.
POLICY SP17 Monitoring and enforcing planning control
The County Council, in exercising its function of ensuring compliance with planning control, will:
1. where there is serious harm caused to amenity or potentially irreparable harm to the environment, take practicable immediate action against a breach of planning control to stop further damage; 2. in all other instances, seek to resolve any problems within a reasonable timescale by discussion and negotiation without the need to resort to legal action; 3. only take enforcement action where it is necessary to do so to protect people, the environment, the public interest, transport systems and the amenity of the area, in accordance with the provisions of the development plan; Page 32 of 162
4. ensure that action is always commensurate with the breach of planning control; 5. give due regard to current legislation, policy framework, instructions, appeal decisions and relevant judicial authority; 6. enable sustainable development to take place, even though it may initially have been unauthorised; 7. maintain the integrity of sites having interests of acknowledged historical or environmental importance and their surroundings; 8. when appropriate, maintain liaison and contact with the general public, and mineral and waste management operators; 9. where a planning application is submitted to address a breach of planning control, only take formal enforcement action in exceptional circumstances, until such time as the application has been determined.
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PART 2
DEVELOPMENT CONTROL POLICIES
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POLICY DC1 Traffic and transport
Proposals for minerals and waste developments should be located where they: a. are well related to the strategic route network as defined in the Cumbria Local Transport Plan, and/or b. have potential for rail or waterborne transport and sustainable travel to work, and c. minimise operational "minerals and waste road miles" where practicable.
Mineral developments that are not located as above may be permitted:
if they do not have unacceptable impacts on highway safety and fabric, the convenience of other road users, and on community amenity; where an appropriate standard of access and traffic routing is provided.
POLICY DC2 General criteria
Minerals and waste proposals must, where appropriate, demonstrate that: a. assessments have been carried out, the relevant scope of which have been agreed in advance with the planning authority, and proposals have been designed to address, where relevant, impacts on the natural and historic environment or human health; b. the cumulative effects of multiple impacts from individual sites and/or a number of sites in the locality have been taken into account; c. public rights of way or concessionary paths are not adversely affected, or if this is not possible, either temporary or permanent alternative provision is made; d the overall carbon footprint of the development has been minimised; e. issues of ground stability have been addressed including tip and quarry slope stability, mining subsidence and differential settlement of backfill.
Considerations will include:
the proximity of sensitive receptors, including impacts on surrounding land uses, and protected habitats, species and landscapes; how residual and/or mineral wastes will be managed; the extent to which adverse effects can be controlled through sensitive siting and design, or visual or acoustic screening; the use of appropriate and well maintained and managed equipment; phasing and duration of working; progressive restoration; hours of operations; appropriate routes and volumes of traffic; and other mitigation measures.
POLICY DC3 Noise
Noise attributable to minerals and waste developments shall not exceed background noise levels, LAeq 1 hour (free field) by more than 10dB(A) at noise sensitive properties, subject to: Page 37 of 162
weekday daytime (0700 to 1900 hours) maximum of 55dB(A) LAeq 1 hour (free field) Saturday daytime (0700 to 1300) maximum of 55dB(A) LAeq 1 hour (free field) evening (1900 to 2200 hours) maximum of 55dB(A) LAeq 1 hour (free field) night time (2200 to 0700 hours) maximum of 42dB(A) LAeq 1 hour (free field)
Sunday, public/Bank holiday and night time working near to noise sensitive properties or receptors should be avoided where practicable. Developments that are required to operate at these times shall provide extensive noise mitigation measures and, when operational, shall proactively seek to minimise noise throughout the life of the development, based on the findings of comprehensive environmental noise monitoring. A limit of 42dB (A) LAeq 1 hour (free field) shall apply.
It is recognised that some temporary activities, including soil stripping, construction and removal of soil storage and baffle mounds, aspects of road construction and maintenance, often bring longer-term environmental benefits. For such activities, increased temporary weekday daytime noise level limits should not exceed 70dB(A) LAeq 1 hour (free field) for periods of up to eight weeks in a year at specified noise sensitive properties. Operators will be expected to make every effort to deliver temporary works at a lower level of noise impact.
Where tonal noise and/or peak and impulsive noise would contribute significantly to total site noise, separate limits will be required independent of the background noise levels and may include Lmax in specific octave or third-octave bands, and will not be allowed to occur regularly at night.
POLICY DC4 Quarry blasting
Applications for new minerals development, and for the expansion of existing operations, will only be permitted where the applicant can provide evidence that the proposed development will not have a demonstrable impact on amenity, human health, and the natural and historic environment, due to blast related ground vibration.
Ground vibration attributable to quarry blasting shall not exceed peak particle velocities of 6mm/second in any direction at sensitive properties.
The operator shall develop a regression line model1 which will be used to inform blast design. Records of the detailed design of each blast shall be maintained and made available to the mineral planning authority within two weeks of written request.
Records of the detailed design of each blast shall be maintained at the site for a period of at least three months and be made available to the mineral planning authority on request.
1http://www.sustainableaggregates.com/sourcesofaggregates/landbased/blasting/blasting_acceptlevel s_p2.htm Page 38 of 162
POLICY DC5 Dust
Applications for new minerals and waste development, and for the expansion of existing operations, will only be permitted where the applicant can provide evidence that the proposed development will not have a demonstrable impact on amenity, human health, air quality and the natural and historic environment, with regard to dust emissions. This will include a dust assessment study.
POLICY DC6 Cumulative environmental impacts
Cumulative impacts of minerals and waste development proposals will be assessed in the light of other land-uses in the area. Considerations will include: a. all environmental aspects including habitats and species, visual impact, landscape character, cultural heritage, noise, air quality, ground and surface water resources and quality, agricultural resources and flood risk; b. the impact of processing and other plant; c. the type, size and numbers of vehicles generated, from site preparation to final restoration and their potential impacts on the transport network, safety and the environment; d. impacts on the wider economy and regeneration; e. impacts on local amenity, community health and areas for formal and informal recreation.
POLICY DC7 Energy from waste
Development that would generate energy from waste will be permitted if they demonstrate that:
the proposal conforms to the waste hierarchy and does not prejudice the reduction, re-use or recycling of waste; and the proposal contributes to a reduction in greenhouse gas emissions compared to the feasible alternatives; and there are appropriate storage facilities for waste and other potential feedstocks; and the location and design maximises opportunities for waste heat utilisation.
Proposals utilising agricultural waste from more than one source as feedstock will be favoured where the process maximises the use of waste and also the beneficial use of digestates or other waste products.
POLICY DC8 Renewable energy use and carbon reduction on existing minerals and waste sites
The County Council will support planning applications for the use of renewable and low carbon energy installations on existing minerals and waste sites, to offset energy consumption or to reduce greenhouse gas emissions.
Proposals must not adversely affect the operations of the application site to an Page 39 of 162 unacceptable level, either individually or cumulatively, during either construction or operation, and must be compatible with appropriate restoration proposals for the site.
Proposals must also demonstrate that:
they are part of a carbon reduction plan for the site’s operational activities that prioritises energy saving and energy efficiency; or they are designed to offset any of the site’s operational activities that have high energy consumption; and the stability of the site has been established through an appropriate site investigation report; and any excavated material would be dealt with appropriately; and in the case of planning applications for wind turbines, the micro-siting distance for the turbines does not adversely affect the working operations of the site; and connections to the electricity distribution network would be feasible and not have unacceptable adverse environmental impacts; and adequate measures would be put in place to remove ancillary structures and for restoration of the site, should the site become non-operational; and appropriate mitigation can be applied to address negative impacts and, if applicable, demonstrate that such mitigation measures can be secured by Planning Conditions and Planning Obligations.
POLICY DC9 Criteria for waste management facilities
Proposals for waste management facilities will be permitted subject to the locational and other criteria set out in the table below.
Proposals on other locations, or those that do not meet the key criteria, would need to be justified under policy SP1.
Facility Type Locations Key Criteria a. Scrapyards, Suitable existing or If no unacceptable impacts on vehicle planned industrial housing, business uses or dismantlers, estates; or other sensitive land uses, and materials recovery Existing waste no unacceptable impacts on facilities or waste management sites landscape transfer facilities b. Household Waste Suitable existing or If no unacceptable impacts on Recycling Centres planned industrial housing, business uses or estates other sensitive land uses, and no unacceptable impacts on landscape c. Open windrow Farms or open Where adequate stand-off green waste countryside locations; or distances can be established, composting Existing peat extraction and no unacceptable impacts sites; or on housing, business uses or Isolated suitable other sensitive land uses, and industrial estates; or no unacceptable impacts on Isolated waste landscape Page 40 of 162
management sites d. Enclosed As for c. above; or If no unacceptable impacts on composting Suitable industrial housing, business uses or facilities estates; or other sensitive land uses, and Existing waste no unacceptable impacts on management sites landscape e. Physical, chemical Suitable industrial If the development reduces or biological waste estates; or the potential of waste to treatment pollute the environment Suitable farms or open If adverse environmental countryside locations; or impacts are minimised to an acceptable level Non-inert landfill sites If they do not prejudice good where required for pre- operational standards or the treatment, or for restoration scheme treatment of leachate f. Construction and Suitable industrial If no unacceptable impacts on demolition, mineral estates; or housing, business uses or or excavation other sensitive land uses, and waste recycling no unacceptable impacts on landscape Active quarries and If they do not prejudice good landfill sites, i.e. not for operational standards or the periods beyond the restoration scheme active life of the site g. Wastewater Appropriate locations as If adverse environmental treatment required by the impacts are minimised to an infrastructure wastewater network acceptable level, and no unacceptable impacts on
landscape
POLICY DC10 Criteria for landfill and landraise
Proposals for additional landfill capacity will only be permitted if they comply with Strategic Policy SP3 Waste capacity, and will be required to demonstrate the measures that have been taken to drive the wastes up the waste hierarchy, to reduce waste road miles, and have comprehensive landfill gas management systems, including electricity generation where viable.
All such proposals will also be assessed against environmental and community policies in this Plan and, in addition, their proximity to sensitive receptors, including aerodromes. Proposals involving landraising should comply with policy DC18.
Proposals for new or extended inert waste landfill will need to demonstrate that they will not undermine the availability of such waste material for agreed restoration schemes at mineral workings and landfills and for derelict land and do not conflict with the County Council’s culverting policy as the Lead Local Flood Authority.
POLICY DC11 Inert waste for agricultural improvement
Residual inert waste that cannot be recycled should, as a first priority, be directed to Page 41 of 162 landfill engineering works, mineral workings or derelict land requiring fill for agreed restoration schemes.
Proposals for the use of inert waste for the improvement or reclamation of agricultural land will need to identify the source of the waste and demonstrate why this waste cannot be used for the above works or schemes. Furthermore, proposals will only be permitted if they can demonstrate that they: a. will not undermine the availability of such waste for use in the type of schemes described above; and b. will result in a material improvement to the grade or classification of agricultural land; and c. will use the minimum amount of material necessary; and d. will have no adverse impact on the drainage system or water quality (either coastal, surface or groundwater) of the land which is the subject of the proposals or any land outside the site; and e. will have no adverse impact on flood risk within or outside the site; and f. do not conflict with other policies in this Plan and with any relevant locational or site specific policies.
POLICY DC12 Criteria for non-energy minerals development
Proposals for non-energy minerals development inside the identified Preferred Areas will be permitted if they do not conflict with other policies in this Plan.
Proposals for non-energy minerals development outside the Preferred Areas, whether a physical or time extension to an existing site or a new site, will be considered on their individual merits. Criteria to be considered are: a. the need for the specific mineral; b. economic considerations; c. positive and negative environmental impacts (including a strategic approach); d. the cumulative impact of proposals in an area; e. land stability.
Favourable consideration may also be given to proposals that can be demonstrated to be more sustainable than any available alternative, including: borrow pits to meet a specific demand not easily met from elsewhere; building stone quarries, including their need for stone to match the conservation and repair of heritage assets and also for local vernacular building; areas already subject to minerals extraction where the additional working will enable comprehensive exploitation of the reserves, or where the proposal achieves a more sustainable afteruse or a better restoration of the area.
POLICY DC13 Criteria for energy minerals
Proposals for energy minerals developments that conform to the Strategic and other Policies of this Local Plan will be supported subject to the following criteria:
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Exploration and appraisal of hydrocarbons
Planning permission will be granted for proposals for exploration and appraisal of oil and gas resources provided that: a. the site and equipment is sited at a location where it can be demonstrated that it will not have any unacceptable environmental impact; and b. the proposal provides for appropriate baseline monitoring prior to commencement of development; and c. the timely restoration and subsequent aftercare of the site, whether or not oil or gas is found.
Commercial exploitation of hydrocarbons
Planning permission will be granted for proposals for commercial exploitation of oil and gas, provided that: a. a full appraisal programme for the oil or gas field has been completed; b. the proposed location is the most suitable, taking into account environmental, geological and technical factors; c. the cumulative impacts of the development of the gas field and essential associated infrastructure have been assessed; and d. provision is made for mitigation or compensation for significantly adverse impacts on the environment and communities.
Combined planning applications for more than one phase will only be considered if all relevant information, including environmental information, to support the full extent of the application is provided.
Underground Coal Gasification
The criteria set out above in this policy, for exploration and appraisal and commercial exploitation, will also apply to proposals for onshore surface works or ancillary development to support offshore Underground Coal Gasification (UCG). Where a UCG proposal follows a planning permission for coal extraction only, a separate planning application will be required for development related to UCG.
Coal
Planning applications for coal extraction will only be granted where; the proposal is environmentally acceptable; or can be made so by planning conditions or obligations; or, if not provides national, local or community benefits which clearly outweigh the likely impacts to justify the grant of planning permission.
For underground coal mining, potential impacts to be considered and mitigated for will include subsidence and the disposal of colliery spoil. Provision of sustainable transport will be encouraged, as will Coal Mine Methane capture and utilisation.
POLICY DC14 Review of Mineral Permissions
All applications for initial and periodic reviews of minerals permissions, should demonstrate that appropriate environmental and working standards will be achieved by: Page 43 of 162
minimising impacts on the environment and communities; and providing environmental enhancements through restoration and after-use schemes.
POLICY DC15 Minerals safeguarding
The Mineral Planning Authority will safeguard those mineral resources that are shown on the Policies Map. Within those areas, the Mineral Planning Authority should be consulted by the Local Planning Authorities on any planning applications they receive for non-minerals development that would be likely to affect the winning and working of minerals.
All non-minerals development proposals within the Mineral Safeguarding Area should extract any viable mineral resources present, in advance of construction. Proposals for non-mineral development within the Mineral Safeguarding Areas that do not allow for the prior extraction of minerals will only be permitted where:
1. the need for the development outweighs the need to extract the mineral; or 2. it can be clearly demonstrated that it is not environmentally acceptable or economically viable to extract the mineral prior to non-mineral development taking place; or 3. it can be clearly demonstrated that the mineral is either not present or of no economic value or would lead to land stability problems or is too deep to extract in relation to the proposed development; or 4. the development would not prevent minerals extraction taking place in the future; or 5. the development within the Mineral Safeguarding Area is exempt, as set out in the exemption list in Table 15.1.
All of the Mineral Safeguarding Areas together, are contiguous with the Mineral Consultation Area.
POLICY DC16 Biodiversity and geodiversity
Proposals for minerals and waste developments, including ones for ROMP applications and time extensions , will be required to identify:-
their likely impacts on important biodiversity and geological conservation assets, as defined in the Strategic Policies and on functional ecological and green infrastructure networks; and their potential to enhance, restore or add to these resources; and to contribute to national and local biodiversity and geodiversity objectives and targets.
Proposals for developments within, or affecting the features or settings of such resources, should demonstrate that:
Page 44 of 162 a. the need for, and benefits of, the development and the reasons for locating the development in its proposed location and alternatives, have been considered; b. appropriate measures to mitigate any adverse effects (direct, indirect and cumulative) have been identified and secured, and advantage has been taken of opportunities to incorporate beneficial biodiversity and geological conservation features; or c. where adverse impacts cannot be avoided or mitigated for, that appropriate compensatory measures have been identified and secured; and d. that all mitigation, enhancement or compensatory measures are compatible with the characteristics of, and features within, Cumbria.
POLICY DC17 Historic environment
In accordance with NPPF paragraphs 126 to 141:
Proposals for waste management developments or mineral developments that would result in harm to the significance of a designated heritage asset, or an undesignated heritage asset that is demonstrably of equivalent importance to a designated heritage asset, or its setting, will not be permitted unless it can be demonstrated that the harm is necessary to achieve public benefits, in cases of less than substantial harm to the significance of assets, or substantial public benefits, in cases of substantial harm to the significance of assets.
Any proposals that cause substantial harm to the outstanding universal value of the Frontiers of the Roman Empire - Hadrian’s Wall World Heritage Site, a Scheduled Monument, a grade I or II* Listed Building, the Solway Moss Registered Battlefield or a grade I or II* Registered Park and Garden, will only be permitted in wholly exceptional circumstances. Proposals that cause substantial harm to a grade II Listed Building, a grade II Registered Park and Garden and a Conservation Area, will only be permitted in exceptional circumstances.
Any proposals that affect a non-designated heritage asset or its setting will be judged on the significance of the heritage asset and the scale of the harm.
Any heritage asset and its setting, whether designated or not, that is harmed by a proposal, will need to be recorded by the developer to a level that is proportionate to its significance and to the scale of impact of the proposal. The information will need to be made publically accessible in the County's Historic Environment Record.
Proposals that will have an impact on any heritage asset or its setting, whether designated or not, should be accompanied by an assessment of the significance of the heritage asset and how that significance will be affected by the proposed development. The level of information required will be proportionate to the asset's significance and to the scale of impact of the proposal, and may require, where necessary, archaeological field investigation.
POLICY DC18 Landscape and visual impact
Proposals for development should be compatible with the distinctive characteristics and features of Cumbria's landscapes and should: Page 45 of 162
a. avoid significant adverse impacts on the natural and historic landscape; b. use Landscape Character Assessment to assess the capacity of landscapes to accept development, to inform the appropriate scale and character of such development, and guide restoration where development is permitted; c. in appropriate cases, use the Guidelines for Landscape and Visual Impact Assessment to assess and integrate these issues into the development process; d. ensure that development proposals avoid significant adverse visual impacts and consider the effects on: locally distinctive natural or built features; scale in relation to landscape features; public access and community value of the landscape; historic patterns and attributes; and openness and remoteness; e. ensure high quality design of modern waste facilities to minimise their impact on the landscape, or views from sensitive areas, and to contribute to the built environment; f. direct minerals and waste developments to less sensitive locations, wherever this is possible, and ensure that sensitive siting and high quality design prevent significant adverse impacts on the principal local characteristics of the landscape including views to or from, and the setting of, Areas of Outstanding Natural Beauty, the Heritage Coast, National Parks or World Heritage Sites.
POLICY DC19 Flood risk
All proposed minerals and waste management developments should be located, wherever possible, in areas with the lowest probability of flooding (Zone 1).
Development proposals will not be considered without a site-specific Flood Risk Assessment, appropriate to the scale, nature and location of the development, for: 1 hectare or greater in Flood Zone 1; or new development (including minor development and change of use) in Flood Zones 2 and 3, or in an area within Flood Zone 1 that has critical drainage problems (as notified to the Local Planning Authority by the Environment Agency); or where proposed development or a change of use to a more vulnerable class may be subject to other sources of flooding.
The Flood Risk Assessment should assess potential effects from current and future flooding from all sources, whether it would increase flood risk elsewhere and measures to deal with these effects and risks.
Considerations will include the hierarchy of drainage options, reduction and/or attenuation of surface water run-off and the minimising of discharge to public sewers, except where a need for pollution control indicates otherwise.
Minerals and waste development on sites where national policy and guidance require the Exception Test to be applied, will only be permitted if it has been demonstrated that:-
a. the development provides wider sustainability benefits to the community that outweigh the flood risk; and b. the development will be safe for its lifetime, taking account of the vulnerability of its users, without increasing flood risk elsewhere and, where possible, will reduce Page 46 of 162
flood risk overall.
Minerals and waste developments that reduce flood risk downstream of the proposal would be supported.
Minerals and waste development proposals should incorporate sustainable drainage systems unless they are demonstrated to be inappropriate.
POLICY DC20 The water environment
Proposals for developments should demonstrate that they would have no unacceptable quantitative or qualitative adverse effects on the water environment, both within the application site and its surroundings, including surface waters, coastal waters, private water supplies and groundwater resources. Proposals that minimise water use and include sustainable water management will be favoured.
POLICY DC21 Protection of soil resources
Proposals for minerals and waste development will be required to demonstrate that: a. the long-term potential of Best and Most Versatile agricultural land will be safeguarded; b. soil resources are conserved and maintained in viable condition to be used in restoration of the site; or c. where developments are permanent and restoration is not envisaged, that soil resources are used effectively on undeveloped areas of the site, or used appropriately on other suitable sites.
POLICY DC22 Restoration and afteruse
Proposals for minerals extraction, or for temporary waste facilities such as landfill, shall be accompanied by restoration and aftercare proposals with sufficient detail to clearly demonstrate that the overall objectives of the scheme are practically achievable, including a vision for overall restoration of the site, and to include proposals for appropriate afteruse and the means to achieve it. The level of detail required will depend on the circumstances of each specific site including the expected duration of operations on the site. In all cases, restoration schemes must demonstrate that the land is stable and that the risk of future collapse of any mine workings has been minimised.
After-uses that enhance biodiversity, geodiversity and the environment, conserve soil resources, conserve and enhance the historic environment, increase public access, minimise the impacts of global warming and are appropriate for the landscape character of the area, will be encouraged. These could include: nature conservation, agriculture, leisure and recreation, green infrastructure and woodland.
Where sites accord with other policies in the Plan, an alternative or mixed afteruse that would support long term management, farm diversification, renewable energy schemes, tourism or employment land, may be acceptable. Page 47 of 162
All proposals must demonstrate that: a. for agricultural, forestry, nature conservation and amenity afteruses, there is an aftercare management programme of at least 5 years, but longer where required to ensure that the restoration scheme is established; b. the restoration is appropriate for the landscape character and wildlife interest of the area, and measures to protect, restore and enhance biodiversity and geodiversity conservation features are practical, of a high quality appropriate to the area and secure their long-term safeguarding and maintenance; c. the restoration scheme is compatible with neighbouring land uses; d. restoration will be completed within a reasonable timescale and is progressive as far as practicable; e. provision for the likely financial and material budgets for the agreed restoration, aftercare and afteruse will be made during the operational life of the site; f. restoration and aftercare (or reclamation) will be undertaken using industry best practice.
Once peat workings have become non-operational, they should be restored to peat regeneration wherever feasible, using best practicable measures. Where such re- generation is not demonstrably feasible, the detailed restoration scheme should minimise carbon loss and maximise both habitat re-creation and carbon sequestration capacity across the site.
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PART 3
SITE ALLOCATIONS POLICIES
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POLICY SAP1 Household waste recycling centres (HWRC) (sites of around 0.5 to 1.0 ha)
AL37 Lillyhall industrial estate to replace the HWRCs at Clay Flatts, Workington, and at Frizington SL1B Land adjacent to Kendal Fell Quarry, to replace the HWRC at Canal Head
POLICY SAP2 Waste treatment and management facilities (sites of around 2 to 4 ha)
AL3 Oldside, Workington AL8 Lillyhall Waste Treatment Centre, Workington AL18 Port of Workington CA11 Willowholme, Carlisle CA30 Kingmoor Road recycling centre, Carlisle CA31 Kingmoor Park East, Carlisle CO11 Bridge End Industrial Estate, Egremont
POLICY SAP3 Radioactive wastes treatment, management, storage and disposal
Unless it can be demonstrated that it is no longer required, the capacity for the treatment, management, storage and/or disposal of currently permitted radioactive wastes will be safeguarded over the Plan period at the following existing sites:
Sellafield complex (including former Windscale site) Low Level Waste Repository Studsvik metal processing complex Lillyhall landfill
The following sites are considered to be suitable locations for additional capacity, subject to the granting of planning permission:
CO32 Land adjacent to Sellafield CO35 The Low Level Waste Repository, near Drigg CO36 Land within Sellafield
POLICY SAP4 Areas for minerals
Preferred areas
M18 Stamphill, Long Marton, for gypsum M27 land adjacent to Roosecote sand and gravel quarry, Barrow-in-Furness
Areas of Search
M5 land adjacent to High Greenscoe Quarry, near Dalton-in-Furness, for brickmaking mudstones M6 land between Overby and High House sand and gravel quarries, near Page 51 of 162
Abbeytown M8 land adjacent to Cardewmires sand and gravel quarry, near Dalston M10 land adjacent to Silvertop limestone quarry, near Brampton M11 land adjacent to Kirkhouse sand and gravel quarry, near Brampton M12 land near to Roosecote sand and gravel quarry, Barrow-in-Furness M14 land adjacent to Kirkby Slate Quarry, near Kirkby-in-Furness M15 land adjacent to Peel Place sand and gravel quarry, near Gosforth M16 land adjacent to Holmescales high specification roadstone quarry, near Kendal M30 land adjacent to Roan Edge high specification roadstone quarry, near New Hutton
Sites for secondary or recycled aggregates facilities
In addition to existing recycling facilities at waste management sites and elsewhere, the hard rock quarries are considered to be suitable locations for processing alternative aggregates from their quarry wastes and from recycled aggregates.
M24 Derwent Howe Slag Bank, Workington, is a Mineral Safeguarding Area for its resource of secondary aggregate.
POLICY SAP5 Safeguarding of existing and potential railheads and wharves
AL18 Port of Workington and railhead AL32 Siddick potential rail sidings AL38 Innovia rail sidings, Wigton AL39 Silloth Port BA26 Barrow Port and rail sidings, Barrow CO35 Low Level Waste Repository rail spur, Drigg (within LLWR site allocation) CO36 Sellafield site rail spur (within Sellafield site allocation) M31 Salthouse, near Millom, potential rail sidings for Ghyll Scaur Quarry M34 Kingmoor rail sidings, Carlisle M35 Shap Beck Quarry rail sidings, Shap M36 Shapfell Quarry rail sidings, Shap M37 Shap Blue Quarry rail sidings, Shap M38 Kirkby Thore gypsum works rail sidings, Kirkby Thore
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PLANNING AND COMPULSORY PURCHASE ACT 2004
TOWN AND COUNTRY PLANNING (LOCAL PLANNING) (ENGLAND) REGULATIONS 2012
REGULATION 19 CONSULTATION PUBLICATION VERSION
DRAFT CUMBRIA MINERALS AND WASTE LOCAL PLAN 2015 to 2030
SITE ALLOCATION MAPS
APRIL 2016
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Allerdale
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Barrow
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Carlisle
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Copeland
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Eden
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South Lakeland
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The Town and Country Planning (Local Planning) (England) Regulations 2012 Regulations 17, 19 and 36
DRAFT CUMBRIA MINERALS AND WASTE LOCAL PLAN PUBLICATION VERSION
STATEMENT OF THE REPRESENTATIONS PROCEDURE
The Cumbria Minerals and Waste Local Plan will set out Cumbria County Council’s policies for the provision for mineral working, for safeguarding mineral resources and associated mineral developments and for managing wastes for the period up to 2030. The Local Plan will be for those parts of Cumbria that are outside of the Lake District and Yorkshire Dales National Parks.
The County Council is now inviting comments on the draft Local Plan policies.
Copies of the draft Local Plan and its supporting documents can be seen on the County Council website at: http://www.Cumbria.gov.uk/planning- environment/policy/minerals_waste/MWLP/Consultations2016.asp. The supporting documents are the Sustainability Appraisal, Habitats Regulations Assessment, Strategic Flood Risk Assessment, Site Assessments Report and Pre-submission Consultation statement.
The draft Local Plan and Policies Maps are available for inspection during normal office hours, Mondays to Fridays, excluding public holidays, at:
- Cumbria County Council, County Offices, Kendal LA9 4RQ; - Cumbria County Council, The Courts, Carlisle, CA3 8NA; - Allerdale Borough Council, Allerdale House, Workington, Cumbria CA14 3YJ; - Barrow Borough Council, Town Hall, Duke Street, Barrow-in-Furness, Cumbria LA14 2LD; - Carlisle City Council, Civic Centre, Carlisle CA3 8QG; - Copeland Borough Council, The Copeland Centre, Catherine Street, Whitehaven CA28 7SJ; - Eden District Council, Town Hall, Penrith CA11 7QF; - South Lakeland District Council, South Lakeland House, Lowther Street, Kendal LA9 4UF; and, during their opening hours, at the main public libraries at Barrow-in-Furness, Carlisle, Kendal, Penrith, Whitehaven and Workington.
Copies of documents can be provided on CD or in hard copy on request from County Offices, Kendal LA9 4RQ or on 01539-713409 or email [email protected] (in accordance with Regulation 36, a reasonable charge may be levied dependent on the volume of copies requested).
Comments on the draft Local Plan can be sent by email to [email protected] or in writing to Minerals & Waste Planning Policy, County Offices, Kendal LA9 4RQ.
Comments must be received no later than 5pm Monday 4 July 2016
Comments may be accompanied by a request to be notified at a specified address of any of the following - that the Local Plan has been submitted to the Secretary of State for independent examination under Section 20 of the Planning and Compulsory Purchase Act 2004; the publication of the recommendations of the person appointed to carry out the independent examination of the Local Plan under Section 20 of that Act; and the adoption of the Local Plan by the County Council.
The Local Plan policies, once they have been formally adopted by the County Council, will replace those of the adopted Minerals and Waste Development Framework Core Strategy and Generic Development Control Policies. Page 66 of 162 KENDAL TOWN COUNCIL REPORT
To: Planning Committee 6th June 2016
From: The Town Clerk Agenda Item No. 7
ALLOCATIONS POLICY CONSULTATION
Cumbria Choice partnership (a partnership of the six District Councils in Cumbria and main housing associations) is in the process of reviewing the Allocations Policy for letting social housing across Cumbria in response to new legislation on the Right to Move and a number of minor changes are also being suggested to improve the clarity and working of the Policy. Consultation with service users and the voluntary and statutory organisations who work with people in housing need is now underway.
A copy of the Policy showing the proposed changes in red is attached. Also attached is a summary of changes. Comments can be sent to [email protected] by 27 June 2016. These will then be reviewed by the Cumbria Choice Board before a final draft version is produced for approval by all the partners.
Rebecca Day | Affordable Housing Officer South Lakeland District Council, South Lakeland House, Lowther Street, Kendal, Cumbria LA9 4DQ Tel: 01539 733333 | Direct Tel: 01539 793377 | Email: [email protected] Website: www.southlakeland.gov.uk
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Allocations Policy with revisions (2015/16 policy review)
CONTENTS
Summary of the Scheme: Page 4
Section 1 Introduction and Background: Page 5 - 12
1.1 Members of the Cumbria Choice Based Letting Partnership 1.2 Policy statement 1.3 Aims of the scheme 1.4 Statement on choice 1.5 The Partnership 1.6 Equality and diversity 1.7 Accessibility 1.8 Monitoring 1.9 Information sharing, confidentiality and data protection
Section 2 The Common Housing Register: Page 13 - 20
2.1 Who can apply 2.2 How to apply 2.3 References 2.4 Police checks/information 2.5 Notification of registration 2.6 Changes in circumstances 2.7 Reviewing the register 2.8 Cancelling applications 2.9 Giving false information 2.10 Deliberate worsening of circumstances
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Section 3 Assessing Housing Need: Page 21 - 33
3.1 Priority for housing 3.2 Waiting time – The ‘Effective’ Date 3.3 Management discretion 3.4 Homeless households 3.5 Households with a disability 3.6 Serious offenders and public protection 3.7 Exempt allocations 3.8 Armed forces
Section 4 Reasonable Preference Categories, Community Contribution and Reduced Preference: Page 34 - 50
4.1 Part 7 – People who are Homeless 4.2 Households owed a Homeless Duty 4.3 People in unsanitary, overcrowded or unsatisfactory housing 4.4 Households with a Medical, Welfare, (including Disability) housing need. 4.5 Households needing to move on Hardship grounds 4.6 Economic and community contribution 4.7 Cumulative preference 4.8 Reduced preference
Section 5 How the Scheme Operates: Page 51 - 57
5.1 Advertising properties 5.2 Extra care properties 5.3 Sheltered housing 5.4 Quota system 5.5 The ‘Bidding’ process 5.6 Proxy bids 5.7 Shortlisting 5.8 Local connection 5.9 Section 106s 5.10 The offer 5.11 Refusing and non replies to offers 5.12 Local lettings 5.13 Feedback on lettings 5.14 Other Options
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Section 6 The Review Process: Page 58 - 59
6.1 The Review process
Section 7 Appendices: Page 60 - 99
7.1 Appendix 1 - Definition of terms 7.2 Appendix 2 - Contact details for all partner organisations 7.3 Appendix 3 - Eligibility criteria 7.4 Appendix 4 - Household type and property size 7.5 Appendix 5 - Accessibility Policy 7.6 Appendix 6 - Right to Move qualifying criteria 7.7 Appendix 7 - Move on from supported accommodation form 7.8 Appendix 8 - Supported housing schemes 7.9 Appendix 9 - Bankruptcy or Debt Relief Orders (DRO) 7.10 Appendix 10 – Local Letting Policies 7.11 Appendix 11 - Medical Needs Assessment Procedure and Criteria 7.12 Appendix 12 - Person(s) Who Will Take Specific Decisions
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Summary of the Scheme
Cumbria Choice is a sub regional scheme for letting most of the social rented property in Cumbria. It is a partnership between the 6 Local Districts and 8 social housing providers.
It is managed through a web based computer system.
To be part of the scheme customers need to apply to the Common Housing Register. There is only one application form and customers will be placed on the register if they meet the eligibility criteria.
Priority for housing is awarded through a ‘Banding’ system that places people in one of five Bands according to their housing needs.
The majority of properties are advertised and customers are able to exercise choice by registering an interest in the property.
Customers are only able to express an interest in properties that meet their requirements. For example adapted property and some ground floor accommodation will be for customers with medical needs and/or for older persons.
At the end of the advertising period a shortlist is compiled, taking into account: the Band of the customer, the ‘effective’ date of the application, and any local connection.
Usual practice is that customers at the top of the shortlist are offered the property.
In certain situations exceptions to the policy will apply and these are detailed in the policy. These exceptions, which include ‘management discretion’ or ‘local lettings policies’ allow the individual partners to respond appropriately to certain individual housing need and to effectively manage their housing stock. All exceptions to the general policy will be recorded and monitored.
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Section 1 Introduction and Background
1.1 Members of the Cumbria Choice Based Letting Partnership
The following are members of the Cumbria Choice based letting partnership, called ‘The Cumbria Partnership’:
Allerdale Borough Council Barrow Borough Council Carlisle City Council Copeland Borough Council Eden District Council South Lakeland District Council
The six Councils have adopted this common Allocation Policy so that customers within the districts covered by the six Councils are assessed on the same basis and have the same access to apply for any social housing vacancies across that whole district.
The scheme applies not only to properties in the Councils’ own housing stock (i.e. those owned by any of the Councils if applicable) but also to all those properties to which any of the Councils have rights of nomination (whether by way of a legally enforceable arrangement or not) of the tenant. Properties to which the Councils have rights of nomination of the tenant include properties owned by the following Social Housing Providers:
Accent Housing Eden Housing Home Group including Copeland Homes Impact Housing Riverside Housing South Lakes Housing Two Castles Housing Your Derwent & Solway
The participating Social Housing Providers listed above are obliged to advertise vacant properties in accordance with this policy. In addition all of the Social Housing Providers listed above have adopted the Council’s allocation policy so that there is a common allocation policy ensuring that applicants within the Sub Region who apply to the Council or a participating Social Housing Provider are assessed on the same basis and have access to apply for any vacancies either within their district and to a percentage across the Sub Region.
The scheme formally applies to all properties to which Allerdale Borough Council, Barrow Borough Council, Carlisle City Council, Copeland Borough Council, Eden District Council and South Lakeland District Council have rights of nomination (whether by way of a legally enforceable arrangement or not) of the tenant. Properties to which the Council have rights of nomination of the tenant include properties owned by Accent Housing, Your Derwent & Solway, Eden Housing, Home Group including Copeland Homes, Impact Housing, Riverside and Two Castles Housing. The participating Social Housing 5 Page 72 of 162
Providers are obliged to advertise vacant properties in accordance with this policy. Separately, participating partner Social Housing Providers to the Cumbria scheme have voluntarily agreed to allocate the majority of their properties that are not subject to a formal nominations agreement under the joint policy agreed by the six Local Authorities.
To improve the service to customers and to avoid duplication a customer can apply to any of the participating housing organisations listed above. Where this organisation is not a Local Authority that organisation will be assessing the applicant under the Allocation Policy of the relevant Local Authority for that area and on behalf of that Local Authority. This will remove the need for a customer to be redirected back to the Council to register under the Council’s allocation scheme directly.
Any significant changes to this policy will need to be approved by the full Council for each participating Local Authority. The relevant decision-making bodies of the Social Housing Providers, namely the Board, will also need to consider and endorse any changes that the Local Authorities wish to make to the policy. Any changes will also be subject to consultation with relevant statutory and voluntary sector organisations and tenant representatives.
Contact details for all partners are listed in Appendix 2.
In developing this policy the partnership has referred to the following guidance and housing legislation:
Housing Act 1996, Part 6 (Wales), Part 6 as amended by Localism Act 2011 (England):
Codes of Guidance England:
A Allocation of Accommodation: Guidance for Local housing Authorities in England (2012, DCLG) “the Code”;
B Providing social housing for local people: Statutory guidance on social housing allocations for local authorities in England (DCLG, December 2013) “Supplementary Code”.
Plus the following statutory regulations:
A Allocation of Housing (Procedure) Regulations 1997, SI 1997/483;
B Allocation of Housing (England) Regulations 2002, SI 2002/3264;
C Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, SI 2006/1294;
D Allocation of Housing (Qualification Criteria for Armed Forces) (England) Regulations 2012, SI 2012/1869;
E Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012, SI 2012/2989.
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F The Allocation of Housing (Qualification Criteria for Right to Move) (England) Regulations 2015
G In framing our allocations scheme we have also had regard to the council’s Homelessness Strategy, the Tenancy Strategy
The Housing Act 1996 and the Homelessness Act 2002 Office of the Deputy Prime Minister: Allocation of Accommodation - Code of Guidance For Local Housing Authorities. November 2002 Department for Communities and Local Government: Allocation of Accommodation: Choice Based Lettings - Code of Guidance for Local Authorities 2008 Department for Communities and Local Government: Fair and Flexible statutory guidance on social housing allocations for local authorities in England December 2009 Department of Health: Housing Learning and Improvement Network – The impact of Choice Based Lettings on the access of vulnerable adults to social housing 2009 Department for Communities and Local Government Circular 04/2009: Housing allocations – members of the armed forces Audit Commission: Housing Inspectorate Key Lines of Enquiry – Allocations and Lettings Homelessness Code of Guidance for Local Authorities 2006. The Allocation of Housing (Qualification Criteria for Armed Forces Personnel) (England) Regulations 2012 Providing Social Housing for Local People. Statutory guidance on social housing allocations for local authorities in England
Equality Legislation and Guidance
The partnership will ensure that its policy complies with the current equality legislation and with the relevant statutory codes and guidance.
The operation of the policy has been subject to an Equality Audit and this will be regularly reviewed.
1.2 Policy Statement
Cumbria Choice is the main route into social housing for the majority of people seeking such housing in Cumbria. This policy will aim to treat those applying to the scheme fairly; will be inclusive of all groups and the procedure will be transparent.
Cumbria Choice will provide greater choice for applicants but the demand for housing will continue to be greater than the supply. However through good quality feedback to customers the scheme will enable people to be clear about their prospects of being offered accommodation.
For people unlikely to be offered accommodation through the scheme there will be advice about alternative housing options. There will be information on the website and in written material on options such as; mutual exchanges, the 7 Page 74 of 162 private rented sector, low cost home ownership and shared ownership properties.
The partnership intends the allocation policy to have a positive effect on local communities by increasing tenant satisfaction with their housing, and by contributing to the development of stable communities. The partnership aims to provide a high quality service to its customers and intends to work together to continue to develop the scheme to find joint solutions to housing problems, including those of homelessness.
The partnership acknowledges that some customers applying to the scheme will not be eligible to register under the qualification rules for housing due to previous unacceptable behaviour, such as anti-social behaviour. The policy aims to be open and transparent as to the reasons for exclusions and gives advice on the possible actions a customer can take to subsequently gain acceptance onto the register.
Partners are committed to developing a common lettings approach that is easily understood by customers. However, the partnership recognises the need for different approaches to apply in different areas which meet the particular needs of these areas and the needs and objectives of different organisations. Local lettings policies and approaches are therefore accommodated within the policy. Where a specific policy or process applies it will be covered by a written document and made available by the organisation operating the policy/process.
Additionally, each individual provider will have its own approach to tackling welfare reform. For example, different approaches will be taken for dealing with under-occupation. These approaches will be published in parallel with, but separate from, this allocation policy.
1.3 Aims of the Scheme
The main purpose of the policy is to meet the requirement under section 166 A (1) England for every local housing authority in England to have an allocation for determining priorities, and as to the procedure to be followed, in allocating housing accommodation. For this purpose ‘procedure’ includes all aspects of the allocation process, including the persons or descriptions of persons by whom decisions are taken.
In developing this policy the Partnership has agreed the following aims:
To reduce the use of temporary accommodation for homeless applicants and to assist with prevention by making customers aware of their potential housing choices and the alternative options available to them e.g. private sector, low cost home ownership.
To increase the availability of move-on accommodation to prevent ‘blockages’ in supported housing schemes.
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To ensure a lettings service that embraces equality and diversity by being open and fully accessible to all individuals and to provide support to more vulnerable customers where required.
To improve the means by which local people in Cumbria gain access to social rented housing by providing a modern and easy to understand allocation system which allows choice and is fair, transparent and accountable.
To encourage residents to access employment and to recognise residents who make a contribution to a local community.
To make the best use of the housing stock within the scheme.
To increase mobility by making available 10% of all properties to customers across Cumbria.
To increase opportunities for tenant mobility between Cumbria and other areas of the country. In accordance with the Right to Move statutory guidance on housing allocations for local housing authorities in England (Department for Communities and Local Government, March 2015) a target of at least 5% of allocations has been set for people moving to a different District for employment purposes, including 1% from outside Cumbria. The qualifying criteria for Right to Move are detailed in Appendix 6.
To attract new customers to areas of low demand and reduce void times on ‘hard to let’ properties.
1.4 Statement on Choice
The key underlying principle of the scheme is to give choice to customers who are looking to obtain housing in the social rented sector.
To ensure customers have choice the partnership will advertise the majority of its properties on a weekly basis through this scheme; property adverts will appear on its website and in newsletters available in the offices of all partner organisations and other appropriate sites to assist the public to access the scheme.
The Partnership will endeavour to ensure that property adverts are easy to read and will include information about the local area to allow customers to make the best informed choice about housing that is suitable for their needs.
It is the Cumbria Choice policy that wherever possible customers wanting social housing should be able to choose the property for which they wish to be considered. There will be some instances, in exceptional circumstances where the only way to resolve a person’s housing situation is through the use of management discretion e.g. homeless households to whom there is a statutory duty to house; households at risk of violence. (See section 3.3: Management Discretion). In certain circumstances choice may be limited.
1.5 The Partnership
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Cumbria Choice is overseen managed by the Sub Regional Project Board which is governed by a ‘partnership agreement’. Its members consist of one senior officer representative from each organisation within the partnership and two tenant representatives. Each organisation has one vote within the partnership. Tenant representation has one vote within the partnership.
The Project Board will meet at least six times a year to oversee the running of the scheme and to monitor its compliance with local and national policy and guidance. The partnership will continue to monitor, fund, develop and make policy decisions about the scheme as appropriate.
1.6 Equality and Diversity
Cumbria Choice is committed to ensuring that its policy and procedures in the letting of property is non-discriminatory. This includes promoting equality of access to the service.
The Partnership is committed to assisting all customers to access the service, taking account of vulnerability or other specific needs, and also the needs of different ethnic groups.
To identify the needs of our customers the application form will have specific questions relating to vulnerability, ethnic origin, sexual orientation, disabilities etc. This information will be used to monitor the impact of the policy on minority and specific needs groups and to make such amendments as may be required to ensure no group is disadvantaged by the policy.
Cumbria Choice is committed to Equality and Diversity. Under the Equality Act 2010 and in particular section 149 of the Public Sector Equality Duty, Local Authorities and housing providers are required to give due regard to eliminate discrimination, advance equality of opportunity and foster good relations between those who share a protected characteristic and those who do not, in their exercise of a public function.
The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
1.7 Accessibility
The partnership recognises that a choice based letting scheme requires active participation by the customer which some may find difficult.
Local support groups and voluntary and statutory agencies have been involved in the development of this scheme to ensure that it is as accessible as possible to all groups within the community. The partnership will continue to work with these agencies to improve accessibility to the scheme.
Those needing support, advice or assistance will be identified through information given on the application form and also by staff, other professional and voluntary groups, and also the computer system which can be used to
10 Page 77 of 162 monitor whether some customers are not ‘bidding’ or are making inappropriate ‘bids’ (expressions of interest).
The Partnership will continue to try to ensure that the system is as accessible as possible to any applicant who wants to use it. Easy to read guides explaining how the scheme works will be sent to all customers when they request an application form and once they are registered. All forms and guides will be available on request in other formats and languages. The Partnership will ensure that there is a process in place to make sure a person is helped to understand the scheme if there is a language or literacy barrier or a disability such as sight impairment.
The Partnership will continue to widely publicise the scheme and will ensure that newsletters advertising the properties are widely distributed.
The Partnership has ensured that its own staff is fully trained and able to offer advice and assistance to individual customers through; front line staff, floating support workers, hostel staff and sheltered housing wardens.
Through ongoing liaison with a range of statutory and voluntary agencies, the partnership aims to ensure that high quality support is available to customers.
The ICT system will be used to monitor customer bidding patterns and will be used to identify those who are having difficulty using the system. In addition the outcomes for customers identified as having specific needs or coming from minority groups will be monitored to ensure they are as successful in gaining housing as other customers.
In exceptional circumstances ‘automatic bidding’ (see Appendix 1 definition of terms) will be available – this is not a preferred option as it reduces customer choice.
An Accessibility Policy (Appendix 5) accompanies the Cumbria Choice Scheme.
1.8 Monitoring
The partnership will continue to monitor the policy to ensure that its aims are being met.
Monitoring will be used to ensure that:
Those in the ‘reasonable preference’ categories are given priority for housing (see sections 3 and 4) Lettings are broadly proportionate to the profile of local communities Lettings within ‘the Bands’ accords with the stated aims of the policy (see section 3) Customers in special needs groups are successfully accessing housing There is overall customer satisfaction with the scheme
1.9 Information sharing, confidentiality and data protection
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Information received by a partner organisation in relation to a customers registration form will be treated in confidence in accordance with the Data Protection Act 1998.
Confidential information held about customers will not be disclosed to third parties apart from:
Where the individual has consented to the disclosure Where a partner organisation is required by law to make such a disclosure. Where disclosure is made in accordance with a recognised Information Sharing Protocol or for reasons of public protection.
Partner organisations will continue to develop Information Sharing Protocols within their own areas and where possible across Cumbria to enable consistency and good working practices between the partnership and other voluntary and statutory agencies.
Local Authorities have a duty under the freedom of Information Act with which they will comply. This duty does not apply to registered social housing providers.
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Section 2 The Common Housing Register
The Partnership has agreed to operate one common housing register within the scheme. This is a single register for both new customers applying for property and existing tenants wanting a transfer. The single register enables customers applying to the scheme to access housing owned by each member of the Partnership by completing just one application form.
When shortlisting for properties priority will usually be given to customers with a local connection to the Local Authority area. However, there is a commitment to make 10% of vacancies available across the Sub Region without the requirement for a local connection to the Local Authority area in which the property is advertised (see section 5.9 for definition of local connection).
2.1 Who can Apply
1. Anyone over 16 years – UNLESS:
They are a person who is ineligible for an allocation of housing accommodation by virtue of being a person subject to immigration control or a person from abroad who is prescribed as ineligible shall not be allocated housing accommodation: s.160ZA(1), (2) and 4): the relevant Regulations that the Council applies are Regs 3 and 4 Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, SI 2006/1294. They are a person from abroad and have been classed by the Secretary of State for Communities and Local Government as ineligible for housing. They or a member of their household is guilty of unacceptable behaviour serious enough to make them an unsuitable tenant. Where a person’s eligibility for housing is unclear investigations will be undertaken to establish the person’s entitlement for housing.
2. Open Register: Cumbria Choice operates an open register and will accept all people regardless of their housing need or whether they are from outside Cumbria, subject to them meeting the eligibility criteria.
3. Joint Applicants: joint applications will be accepted and will be treated as one application. An applicant can only have one active application as a main applicant on the register. The housing need of the full household will be considered in assessing housing need. This Allocations Policy supports adult customers wishing to sign as joint tenants should they choose to do so.
In relation to social housing providers the individual housing provider will decide whether to allow a joint tenancy depending on the circumstances of the case.
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subject to the approval of the Governing Body of the organisation offering the property.
5. Owner Occupiers (and those with the financial means to purchase property): these customers can register with the scheme and will be assessed and placed in the appropriate ‘Banding’ subject to an assessment of their financial means and ability to purchase suitable accommodation. The decision will be made on a case by case basis based on housing need and the local housing market. If assessed as able to purchase suitable accommodation they will be given reduced preference. owner occupiers will be allowed to register and the banding they get will depend on an assessment of their financial means and ability to purchase suitable accommodation. The decision will be made on a case by case basis.
6. 16/17 year olds: young people aged 16/17 years will be able to apply for accommodation by completing a registration form. However a Social Landlord will not normally grant a tenancy to anyone under the age of 18 years without evidence of an appropriate support package being in place. Applications from young people under the age of 18 will be dealt with on a case by case basis.
The following are examples of when a person under 18 years will be considered for accommodation: They are accepted as requiring move-on accommodation following a successful period in a recognised supported housing scheme and have a move-on support package. They are a homeless young person to whom a duty is owed under Part 7, Housing Act 1996 and a full housing and child in need assessment has been made by Children’s Services. They are referred by Children’s Services following a housing and child in need assessment with a recommendation for housing having been made. This includes children leaving care.
7. Tenants of social housing organisations
Secure and assured tenants may apply to the Register at any time and will have their priority assessed in the same way as other customers. Tenants with probationary or starter tenancies will be given reduced preference until the completion of the 12 months probationary period and a secure or assured tenancy has been granted. However this may not be applied if there is an urgent need for re-housing. Tenants transferring within the Scheme will need to have a clear rent account and a satisfactory property report. However this may not necessarily be required if there is an urgent need for re-housing.
8. Persons from Abroad
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Housing authorities are required by law to establish if a person is eligible for housing or whether they are excluded from an allocation under the Asylum and Immigration Act 2002.
8. Prisoners: prisoners can register in the 6 month period prior to their date of release. They are able to express an interest in a property in the 2 week period prior to release but must be able to accept the tenancy on the date required by the housing provider.
Partner organisations will refer to the Cumbria Joint Protocol for Housing Offenders for guidance.
9. Serious unacceptable behaviour
Cumbria Choice expects customers registering for housing to be able to meet the standards of behaviour required of them by the tenancy agreements of partner organisations. Where customers current behaviour indicates that they would be unsuitable to be a tenant they will not be eligible to register with the scheme. Part 6 of the Housing Act 1996 as amended by the Homelessness Act 2002 (Section 160A (7)) allows the Local Authority to treat a person as ineligible where they or a member of their household has been guilty of behaviour serious enough to make him/her unsuitable to be a tenant and at the time of the application the customer is still unsuitable to be a tenant. Housing authorities may only allocate accommodation to people who are defined as ‘qualifying persons’ (s.160ZA(6)(a)) and under section 160ZA(7) the local authority is granted the power to decide the classes of people who are, or are not, qualifying persons. The scheme therefore includes applicants to the register where they have been classified as a case where they meet the criteria set for unacceptable behavior as defined below. Unacceptable behaviour includes but is not limited to: o Anti-social behaviour o Racial harassment and other hate related crimes o Criminal Behaviour o Violence o Violence or threats of violence to staff or the agents of partner organisations in the Cumbria Choice scheme o Serious rent arrears The decision on whether a customer is deemed to be ineligible will be made on a case by case basis. Where a customer is deemed to be a non qualifying person for unacceptable behaviour ineligible to join the register they will be given the reasons for that decision and will have the right to request a review of that decision (Section 6). An applicant deemed to be non qualifying for unacceptable behaviour Ineligible applications will remain so usually for a period of 12 months following the date of the decision and customers will need to reapply for housing after this time. The only exception to this is where a previous arrear has been fully cleared. Applicants can re-apply as soon as debts are repaid. 15 Page 82 of 162
The full policy for eligibility and non qualification is set out on the eligibility criteria is listed in Appendix 3.
10. Households with access to children/joint custody
Children will only be considered at their main place of residence. Customers wishing to include children in their application must be able to provide formal evidence that each child will live with the customer, for example through child benefit entitlement, residency order or custody agreement. Only the applicant’s own children, where the applicant is the sole legal guardian, will be accepted as part of the household. Where there is another legal guardian, a decision will be made on a case-by-case basis to agree whether it is reasonable to accept the child as part of the household on the application.
2.2 How to Apply
To join the Cumbria Choice Register customers need to complete an online application form. The form can be obtained from the offices of any partner organisation or completed on line via the website.
The application form will be available in other formats and languages on request.
Customers will be required to sign a declaration to:
Confirm that the information given is correct and that they will notify Cumbria Choice of any change in their circumstances. Give consent to allow enquiries to be made concerning their eligibility for housing and level of priority. Give consent to allow information to be provided to another partner organisation in the scheme.
Assistance is available for any customer who has difficulty in completing the form application from any of the partner organisations.
Incomplete applications will not be made active until such time as the Council is satisfied that it has in its possession all of the information it requires to complete its assessment. It is the responsibility of the applicant to answer all of the questions set for the assessment process and to provide any supporting information or documents as requested.
All incomplete applications will be cancelled after a period of 28 days of inactivity from the applicant where information has been requested and not provided. This cancellation does not prevent the applicant making a subsequent application at a later date. Although, the effective date of registration will not be backdated to an early application.
2.3 References
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Existing or previous tenants will be asked to provide a reference from their current or previous landlord. This information will be used to decide whether the customer is eligible to be accepted onto the Register and if so whether or not they should be given reduced preference.
Where a customer has not held a tenancy a character reference will may be requested from a professional person who has known the customer for at least 2 years. This applies to both customers where there is a joint application.
Where a customer cannot provide a reference then the following options may be taken to establish whether a customer is eligible to be accepted onto the register and whether or not they should be given reduced preference:
The customer will be asked to attend an interview with the Officer responsible for assessing the application to seek information on their previous housing history and likely ability to sustain a tenancy. Information may be sought from the Police through the information sharing protocol Disclosure Scotland if the Council have any concerns that the applicant may not meet the unacceptable behaviour non qualification criteria.
2.4 Police checks/information
In the interests of community safety, all applicants and members of their prospective household will be required to disclose any pending court cases or unspent criminal convictions. Where the information is disclosed the Council may seek further information to ascertain whether they are likely to be regarded as ineligible due to unacceptable behaviour and/or pose a serious risk to a community where they might be rehoused. Where a customer indicates on their form that they have an unspent criminal conviction a Disclosure and Barring Service (DBS) check criminal records bureau check or further information will be sought about the offence(s). This will be done to establish whether the person has been involved in a serious crime(s) that may meet the unacceptable behaviour criteria would pose a serious risk to the community if they were to be housed within that community.
Information gained will not automatically exclude an applicant from the register. It may also be used to make informed decisions about any offer of a property.
2.5 Notification of Registration
When an application is accepted onto the register the customer will be informed in writing and provided with the following information:
Their registration date Their registration reference number The Band they have been placed in A Priority Band date if that is different from their date of registration (see section 3.2; the ‘effective’ date) An explanation of the login reference number and memorable date for use when logging into their online account
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If an applicant’s circumstances change and they are assessed as qualifying for a higher Band application is moved into a higher priority Band the ‘effective date’ for the higher Band will is taken to be the date it is determined that the applicant’s circumstances have changed was moved into the higher priority Band. Where an applicant’s circumstances change and they are assessed as requiring a lower Band they will keep their date of registration for that previous Band. application is moved out of a priority Band the waiting time reverts to the original date of registration.
When customers receive their letter of registration they will also receive a guide to the Cumbria Choice Scheme. This will inform them about how the scheme works and will include such information as: how applications are Banded; where to look for advertised properties; how to register an interest in a property ‘bid’; what checks are made before an offer is confirmed.
2.6 Changes in Circumstances
It is the responsibility of the customer to notify Cumbria Choice of any changes in their circumstances that could affect their application for housing. The application will be re-assessed and if appropriate placed in a different Band.
2.7 Reviewing the Register
Each customer on the Common Housing Register will have their application reviewed annually. This may be based on an annual review date or a rolling review 12 months from the applicant’s date of registration. A letter will be sent to all customers requesting confirmation of their current circumstances and that they wish to remain on the register details. If a reply is not received within 28 days of the date sent the application will be cancelled.
Customers registered in Bands A and B will be reviewed more regularly to ensure they are bidding for suitable properties. Monitoring of number(s) of ‘bids’ made (or lack of) will be used to identify where assistance to customers may be needed.
2.8 Cancelling Applications
An application will be cancelled from the housing register in the following circumstances:
i. At the customers request. ii. If the customer becomes ineligible for housing on grounds of their behaviour. iii. When the customer has been housed. iv. When a social housing tenant completes a mutual exchange. v. On failure to reply to a review letter or requests for further information within a given time period. vi. Where it is discovered that the customer has given false or misleading information
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In circumstances (ii) and (vi) the customer will be notified in writing and informed of the reason why their registration has been cancelled and of their right to request a review of that decision.
In circumstance (v) the customer will be notified in writing that their registration has been cancelled. The application will be re-instated if the applicant contacts Cumbria Choice within 28 days of being notified of the cancellation.
The Cumbria Choice partnership reserves the right to cancel applications when no bids have been made for a 12 month period.
2.9 Giving False Information
Under section 171 of the 1996 Housing Act it is a criminal offence for anyone applying for housing from a housing authority to knowingly give false information or to withhold information which is relevant to their application. An offence is also committed if a person allows a third party to provide false information on their behalf.
Customers who are found to have withheld or given false information may be removed from the register for 12 months. This will be decided upon based on the seriousness of the false information given and an assessment of why the information was withheld. The decision will be made by a senior officer within the partner organisation administering the application.
Where an offer of a tenancy has been made but the tenancy has not commenced – the offer will be withdrawn with immediate effect.
The customer will be informed in writing of the decision and advised of their right to request a review.
Where a tenancy has been awarded action may be taken with regard to that tenancy.
2.10 Deliberate Worsening of Circumstances
Where there is evidence that a customer has deliberately made their housing situation worse in order to gain a higher priority on the register, they will be assessed based on the circumstances before their situation changed.
Examples of this are:
Customers who have allowed family members or others to move into their property, who previously had suitable accommodation or the financial means to secure their own accommodation, and this has resulted in the property being overcrowded. Customers who have moved from previously suitable or more suitable accommodation which it was reasonable for them to continue to occupy, into a less suitable property. Homeowners who have transferred their property to another family member within the last 5 years from the date they make their application to the Register.
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Giving up affordable and suitable private rented accommodation which they are able to maintain, to move in with other relatives or friends, creating a situation of overcrowding and/or sharing of bathroom/kitchen and/or a split household. Requesting or colluding with a landlord or family member to issue them with a Notice to Quit.
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Section 3 Assessing Housing Need
3.1 Priority for Housing
Local Authorities are required by Section 166A(3) law to determine the relative priority that housing customers are awarded. The law, as it applies to Local Authorities, requires that reasonable preference for housing must be given to those in the categories set out in the Housing Act 1996 (as amended). In addition the Cumbria Choice scheme gives additional preference to those customers where the Council is satisfied that they have other exceptional or urgent housing needs.
Cumbria Choice operates a needs based banding system which is set out below. The Bands are arranged to reflect housing need with the highest Band, Band A, indicating the greatest need for housing.
Below is a summary table of the bands and when an applicant will be awarded a band for their housing needs or circumstances. It is only a summary table and the full definition for the criteria used to award a band is set out in section 4 of the Policy.
Band A: Urgent Need for Explanation of criteria to be used in the Housing due to Reasonable Assessment preference plus additional priority. Homeless Households owed a Households who have made a statutory homeless full homeless duty. application to the Local Authority under Part 7 of the Housing Act 1996 and have been determined Reasonable preference category by the Council as owed the main a homelessness s 167(2)166A(3) (b) duty under sections 193(2) or 195(2) of the Act.
Note: Local Band A will be awarded unless the household also meets the criteria for Exceptional need to move (see below)
Exceptional need to move due An immediate life threatening condition to a Medical condition or which is seriously affected by the current reasons of Disability housing circumstances. A member of the household cannot be Reasonable preference category discharged from hospital until a suitable s167(2)166A(3) (d) adapted property is provided. Due to an assessed limited mobility a person in the household is unable to access essential parts of the property e.g. bathroom/toilet and the property cannot be suitably adapted. A member of the household is elderly or disabled or has a progressive illness and is likely to require admission to hospital or residential/nursing care in the immediate 21 Page 88 of 162
future and re-housing would enable the person to remain at home. Armed forces personnel who need to move to suitable adapted accommodation because of a serious injury, medical condition or disability which he or she or a member of their household, has sustained as a result of service. People who have a severe mental health or learning disability which significantly affects their ability to lead a normal life and which puts them at risk of admission to hospital or residential care. A serious illness, is currently receiving palliative care and urgently requires rehousing to facilitate the on going provision of this care. A life limiting condition and their current accommodation is affecting their ability to retain independence or enable adequate care. The applicant’s health is so severely affected by the accommodation that it is likely to become life threatening, e.g. applicant has severe mental health problems that are significantly exacerbated by their accommodation. A new and life changing condition that severely impairs their mobility, meaning they are unable to carry out day-to-day activities or have difficulty accessing facilities inside and outside of their accommodation and requires rehousing into accommodation suitable for their use. Where their current property leaves a person at risk of infection, e.g. where an applicant is suffering from late stage or advanced HIV infection. A bereaved spouse or civil partner of those serving in the regular forces and are no longer entitled to reside in Ministry of Defence accommodation.
Exceptional need to move. Customers who need to move due to domestic abuse, extreme violence or extreme harassment. This would include hate crime, racial, homophobic Reasonable preference category or transgender harassment. s167(2)166A(3) (d) This will only be agreed in exceptional circumstances where there is a high risk to the tenant or their family’s safety if they remain in the property/area and the location sought would substantially reduce or eliminate the risk. Clients 22 Page 89 of 162
in this group should be awarded global Band A without a local connection restriction (other than when this is required by s106 agreement)
Excessive Overcrowding Households living in overcrowded conditions which are deemed to have a category 1 hazard for Reasonable preference category that overcrowding specifically under the prejudicial s167(2)166A(3) (c) to health and where there is a high risk of harm, as assessed using the Housing Health and Rating System will be deemed as Band A. The assessment must be made by the Local Authority for new applicants to the CBL system. Existing tenants of Cumbria Choice partners can be assessed and given Band A priority by their own Landlord (regardless of who is administering their housing application). The landlord will use the definition of overcrowding criteria guidance provided by the Housing Act 1985 and the guidance laid out under the Housing Act 2004 for crowding and space, with particular reference to larger households to make their determination.
If a property is deemed to be statutorily overcrowded, it remains the landlords and homeowners responsibility to ensure they comply with the legislation and reduce the occupancy of the property accordingly. Please note some authorities do make a charge for overcrowding assessments as a non-statutory function.
Property Condition Households living in conditions which give rise to an imminent risk of harm and where the Local Reasonable preference category Authority has served a Prohibition Order under s167(2)166A(3) (c) Part 1 of the 2004 Housing Act.
Band B: High Need for Explanation of criteria to be used in the Housing due to Reasonable Assessment Preference
Cumulative Preference People who are assessed as having more than one reasonable preference housing need from reasonable preference category (c), (d) & (e).
Combinations of reasonable Customers who have two or more of the following preference categories needs as listed in Band C: s167(2)166A(3) (c), (d) & (e) Households needing to move to a particular locality on hardship grounds Households overcrowded/under occupying Disrepair - households where a Category 1 hazard has been identified by the Local
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Authority (NB see full definition of disrepair under “Property condition in Band C”) Medical need Existing social housing tenants who suffer financial hardship as a result of housing benefit changes under Welfare Reform.
Welfare Grounds People who are living in a supported housing placement within the partnership Reasonable preference category area (usually for at least 6 months) and s167(2)166A(3) (d) who have been assessed as being ready for independent living. In all cases the relevant supported housing provider will be required to complete the Cumbria Choice Move On from Supported Accommodation Form (Appendix 7)
NB. Move on applications will not be administered by the organisation responsible for the supported housing project.
Move On from Supported Accommodation Forms may be refused if the applicant is not considered suitable for move on accommodation.
Young people who are referred by Cumbria Children’s services following an s17 assessment under the Children Act 1989 with a recommendation for housing. This includes children leaving care. All referrals by Children’s Services will be made following the provision of Joint Protocol – currently the Interim Protocol 16- 17 year old presentations in relation to accommodation (March 2010) in Cumbria Cumbria’s Joint Protocol for young people 2015.
NB. It is expected a requirement that an ongoing support plan package will have been prepared, which will be provided by Children’s Services or another appropriate support agency and will be available to the housing provider for people rehoused on these grounds.
Homeless prevention status – A customer has children or is pregnant (proof of customers who have not been pregnancy provided by a medical professional housed within 3 months of being and/or a MAT B1), or is a single person who in the awarded Band C priority Local Authority’s opinion may be in priority need and the Local Authority considers they are at risk of being physically homeless. The customer must have opted to take a homeless prevention option 24 Page 91 of 162
and as a result have been granted Homeless Prevention Status.
This priority will be awarded by the Local Authority after the 3 month period that the customer has been in Band C.
This priority will be awarded by the Local Authority for a period of 3 months.
Under occupation Social housing tenants of a partner organisation that are under occupying a property by 2 or more Reasonable preference category bedrooms who bid on properties with at least 2 s167(2)166A(3) (c) fewer bedrooms than they currently have.
An assessment will be made on the basis of the current family composition and will also take into account the family composition at the start of the tenancy.
Band C: Medium Need for Explanation of criteria to be used in the Housing due to Reasonable Assessment Preference
Non Priority Homeless These customers will be assessed by the Local Authority. They will include: Those who are entitled to Rough sleepers reasonable preference as being Those moving between friends and non-priority homeless, relatives intentional homeless or Those who have accommodation but the homeless within Part 7 of the local authority do not consider it reasonable Act. to occupy Those who have accommodation, but cannot secure access to it or there is no Reasonable preference category lawful place they can live in it e.g. caravan. s167(2)166A(3) (a) Those who have made a homeless application and determined to be homeless Homeless in priority need and but not in priority need or are intentionally intentional pending S202 homeless or have no local connection. Review (NB Band E may apply to intentionally homeless applicants where there is a clear reduced preference as defined in the policy i.e. arrears/anti-social behaviour).
Homeless prevention option A customer has children or is pregnant (proof of being chosen pregnancy provided by a medical professional and/or a MAT B1), or is a single person who in the Priority will be awarded for a 3 Local Authority’s opinion may be in priority need month period and the Local Authority considers they are at risk of being physically homeless. The customer must
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have opted to take a homeless prevention option and as a result have been granted Homeless Prevention Status.
This priority will be awarded by the Local Authority for a period of 3 months.
Medical The customer’s housing is unsuitable for medical/disability reasons but they are not Reasonable preference category housebound and their life is not at risk due to their s167(2)166A(3) (d) current housing. However the housing conditions are directly contributing to their ill health.
Examples are as follows: Children with severe conditions such as autism, or cerebral palsy where their long term needs cannot be met without settled accommodation A person whose disability means that re- housing would enable them to overcome physical barriers created by their current accommodation e.g. stairs and steps A person with a disability requiring substantial adaptations where their current accommodation cannot be reasonably and practicably adapted to meet their needs after consultation with the relevant Local Authority A person with a terminal illness or long term medical debilitating condition whose current accommodation is not having a significant impact on their condition but where their quality of life would be significantly improved by moving to alternative settled accommodation which may or may not be closer to support.
The assessment will not be made on the basis of the customer’s health but on how their accommodation affects their health.
Hardship Customers who need to move to a particular locality where failure to meet that need would Reasonable preference category cause hardship to themselves or others. This s167(2)166A(3) (e) would include people needing to move for: Employment purposes* including people needing to move from outside Cumbria and between Cumbrian Districts. To be near relatives to give or receive support To access medical treatment/social services facilities. 26 Page 93 of 162
This priority will apply to: only be awarded in exceptional circumstances and includes: Customers who require support from relatives or friends will only be considered where there is a severe mental health, medical or welfare issue and there are reasons why this support cannot be made available through reliance on public transport or the customer’s own transport. *Employment purposes are defined as: Customers, including people needing to move from outside Cumbria and between Cumbrian Districts, requiring to take taking up or continuing permanent employment for a minimum of 16 hours per week. opportunity not available elsewhere will Under this clause customers will only be considered where they do not live within a reasonable commuting distance and will be required to provide confirmation of employment details from the employer. In accordance with the Right to Move statutory guidance on housing allocations for local housing authorities in England (Department for Communities and Local Government, March 2015) a target of at least 5% of allocations has been set for people moving to a different District for employment purposes, including 1% from outside Cumbria. The qualifying criteria for Right to Move are detailed in Appendix 6. Non social housing customers who are assessed as facing housing related financial hardship where re-housing through Cumbria Choice will alleviate the situation. In cases of extreme financial hardship, following assessment, an applicant may be awarded reasonable preference. This is likely to be cases where the person is so financially impacted by their current housing that they cannot afford to adequately feed, clothe and meet the fuel costs for themselves and their family and this is not the fault of their own actions. Existing social housing tenants who suffer financial hardship as a result of housing benefit changes under Welfare Reform. Social housing tenants suffering extreme financial hardship, as a direct result of welfare reform and moving will alleviate 27 Page 94 of 162
their financial hardship.
Overcrowded Customers who need to move due to overcrowding by 1 bedroom or more. Reasonable preference category s167(2)166A(3) (c) Applicants will be assessed according to the Cumbria Choice policy for overcrowding (see section 4.3)
A household will be considered for this category where they are 1 bedroom or more short of the required bedrooms.
Property Condition Households where there is one or more category 1 hazard as assessed under the Housing Health Reasonable preference category and Safety Rating System (HSSRS) as defined s167 (2)166A(3) (c) under Part 1 of the Housing Act 2004.
This will mean where a category 1 hazard has been identified by the Local Authority and the Local Authority is working with the landlord to resolve the problem or taking enforcement action.
Where an officer from the Council has determined that a private sector property (tenanted) contains one or more serious category 1 hazards, as defined by the Housing Health and Safety Rating System. The awarded is made in respect of a significant risk to the health and well-being of the occupant(s), and where there is no prospect of the issues being remedied in a period of time that the Council considers reasonable.
Under Occupation Social housing tenants of a partner organisation that are under occupying a property by 1 bedroom Reasonable preference category who bid on properties with 1 less bedroom than s167(2)166A(3) (c) they currently have.
An assessment will be made on the basis of the current family composition and will also take into account the family composition at the start of the tenancy.
Armed Forces Armed forces that are currently in service or have been in service within the last 5 years for a minimum of a 3 year period will be placed in Band C (reasonable preference), subject to housing need assessment qualification.
Band D: Low Need for Explanation of criteria to be used in the Housing due to No Assessment Reasonable Preference 28 Page 95 of 162
Band D Plus Those in Band D Plus will be given priority over other customers in Band D. To qualify for this Customers not owed a Band applicants need to demonstrate: reasonable preference but who Employment have met the Partnership Transfer customers of partner Community Contribution criteria organisations with a positive tenancy history A positive contribution to the local community – for example voluntary work
Band D Customers assessed as not being owed a reasonable preference. Customers not owed a reasonable preference This would include those who are assessed as adequately housed.
Band E: Reduced Priority Explanation of criteria to be used in the Assessment
Customers owed a reasonable Customers will be awarded the reasonable preference but given reduced preference that their assessed housing priority needs warrant but will be given reduced priority until action is taken by them to rectify their circumstances/behaviour.
These customers will remain in this Band Customers not owed a until action is taken by them to rectify the reasonable preference and circumstances/behaviour that has led to the given a reduced priority reduced priority.
A customer will be given reduced priority for the following reasons: Arrears or other housing related debt Breach of a tenancy condition which is unresolved but would not warrant a full possession order A property not meeting the required standard for a transfer customer No local connection Those with financial resources Refusing 2 reasonable offers within a 12 month period Young people less than 18 years of age unless they meet the criteria for being offered accommodation Tenants with starter or probationary tenancies
See Section 4 for detail on how reasonable preference, additional preference and reduced priority will be assessed and applied under the scheme. 29 Page 96 of 162
3.2 Waiting Time – The ‘Effective’ Date
Priority is given to customers depending on their housing need but significant importance is also given to the length of time the customer has waited for a property. Priority within each Band is determined by the length of time the application has been placed in that Band. This is either the date of registration or the date of entry into a priority Band.
Where a customer moves out of a priority Band and into Band D or E their effective date will return to their date of registration.
3.3 Management Discretion
In some circumstances a property will be let directly to a customer without being advertised. This is when: a sensitive letting is required due to the person’s previous history; where there is an urgent need for housing and it would cause serious hardship or risk to the customer if they were required to ‘bid’ for a property; there is a need to make best use of the housing stock or for other housing management reasons.
This is not an exhaustive list but examples of these instances are:
Tenants of partner organisations that need to move on a temporary basis due to a fire or flood. People who are at imminent risk of violence and are to be housed through a witness protection programme. Vulnerable people who are to be housed as part of a multi-agency protocol where a full support package is in place. Where an existing social housing tenant is required to move to make best use of stock and suitable accommodation has not been secured through the Scheme e.g. to make available a fully adapted property, urgently required by a priority customer. Where there is a need agreed between housing and social services to provide a specific property for vulnerable individuals. For example where a property is required for people with learning disabilities to live together with support. Where a sensitive letting is required for a particular property because of previous issues of drug dealing, violence, public protection or anti-social behaviour. Tenants of partner organisations participating in a recognised down- sizing scheme. Special circumstances such as public protection panel cases. Applicants who are required to vacate supported housing where that supported housing unit is urgently needed. Under-occupiers in very desirable properties who have highly specific requirements. Ex-service tenants, who have highly specific requirements. Tenants who are reluctant to be decanted and where if the offer is refused possession proceedings will commence.
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Applicants in Band A whose defining features, including their cumulative needs, are considered to be so exceptionally severe as to warrant immediate/imminent rehousing.
When an allocation is made through management discretion this information will be included in the lettings results which are published.
3.4 Homeless Households
Homeless applications will continue to be dealt with by the appropriate Local Authority in accordance with the relevant legislation and codes of guidance - this includes dealing with appeals and reviews. Information regarding homelessness will be provided to homeless applicants by the Local Authority (or Local Authority agent).
However a key aim of the Cumbria Choice scheme is to address the issues of homelessness within the County and through the partnership to provide an improved service to those either homeless or threatened with homeless.
This will be achieved through sharing good practice and developing initiatives across the partnership. Through the use and development of improved ICT systems homeless households will be able to identify the housing options available to them and to have an informed view of how they can best resolve their housing needs.
Homeless households and those threatened with homelessness will have greater control and choice over where they live and through assisting them with these decisions the scheme aims to increase their commitment to both the home and the community into which they move.
Households who are found homeless or at risk of homelessness, in priority need and are unintentionally homeless, and, to whom a Local Authority has a duty under Part 7 of the 1996 Housing Act will be placed in Band A.
However some Local Authorities in Cumbria may also choose to use the provisions of the Localism Act 2011 to discharge their duty into a 12 month Assured Shorthold Tenancy (AST) in the private sector.
These Homeless households will be able to bid with immediate effect subject to suitable properties being available for properties during a 6 week period. During this time the Bidding pattern of such customers will be monitored by the Local Authority owing duty to ensure that they are bidding is taking place and to identify those households which who are in need of further advice and assistance to help them through the process.
After the 6 week period, partner organisations have the right to place a bid on behalf of the homeless household to or make. Where the bid is successful it will constitute an offer of suitable accommodation as defined by the Housing Act 1996 Part 7, Statutory Guidance and Suitability of accommodation Regulations accommodation in accordance with section 193(7) and 202 of the 1996 Housing Act. The offer This will be made in writing and be subject to a right of review appeal. The Local Authority owing the duty may work with
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Social Housing Providers to direct match homeless households and accommodation where it is appropriate to do so. This will be made in writing and be subject to appeal.
The homelessness duty will be discharged if an offer is made as a result of a successful bid on a suitable property whether or not that offer is accepted.
Customers who have been found intentionally homeless may be given reduced preference by virtue of the action which led to the intentional homeless decision and placed in Band E. Customers to whom a Local Authority has a duty under Part 7of the 1996 Housing Act will be given reduced preference and placed in Band E where they do not have a local connection to the Local Authority. Customers will remain in this Band until the issues relevant to their circumstances have been resolved. For cases not owed a local connection they will remain in Band E until the point where they meet the criteria set down in the policy for a local connection.
3.5 Households with a Disability
The scheme enables customers who require adaptations to ‘bid’ for any property in the scheme. The customer will be considered for the property on the same basis as the other applicants who have placed ‘bids’. However, there is an expectation that applicants awarded a priority band on medical grounds will bid for properties suitable to their needs and that the landlord, where it is reasonable and practicable, will agree to the property being adapted if needed. Where a property does not meet the needs of the applicant the medical priority awarded may be withdrawn for that property
Adapted properties or properties designed to disability standards are included within the scheme and will be offered firstly to those customers with a need for this property type. This will be made clear in the advert as well as information within the advert about the actual adaptations/accessible features.
3.6 Serious offenders and Public Protection
Cumbria Choice will work with the Police and Probation Service through the Housing Offenders Protocol to manage any risk posed to the public.
Officers will attend case conferences and work with agencies where cases are referred to the Multi-Agency Public Protection Panel. A range of housing options will need to be considered and the partnership will seek to assist in identifying appropriate housing that meets the needs of the customer and the community.
In some circumstances this may restrict the choice of property available to the customer but they will wherever possible be given the opportunity to exercise some choice if that is possible and this will depend on the circumstances of the case.
3.7 Exempt allocations
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Some transfer moves are exempt from the requirements of Part 6 of the Housing Act 1996 and will be dealt with separately.
The following are not allocations under this scheme:
Succession to a tenancy on a tenant’s death pursuant to s89 Housing Act 1985, or Assignment of a tenancy by way of mutual exchange, or Assignment of a tenancy to a person qualified to succeed to the tenancy on the tenant’s death, or Transfer of the tenancy by a court order under family law provisions or under the Civil Partnership Act 2004, or The Conversion of an Introductory Tenancy (Council stock), or Starter Tenancy (Housing Association stock) into a Secure Tenancy. Council initiated transfers, for example due to a tenant being displaced from their accommodation due to demolition or regeneration. Re-housing due to being displaced from previous accommodation by the Council pursuant to the land Compensation Act 1973. A person granted a family intervention tenancy. Provision of non secure temporary accommodation in discharge of any homelessness duty or power.
3.8 Armed Forces
Before being awarded Band A or C the service leaver would need to provide a copy of their discharge papers. (Details of the reason for leaving the service is included on the discharge papers). A service leaver who has had to leave due to medical reasons before the minimum 4 year period would still be placed in Band C due to the fact that the reason for leaving is beyond their control. A service leaver who has had to leave due to serious injury, medical condition or disability which he or she or a member of their household, has sustained as a result of service will be placed in Band A. A service leaver who has had to leave as their service is no longer required will be placed in Band C due to the fact that the reason for leaving is beyond their control. Any other reason for leaving the service will be considered on an individual case by case basis – the partner organisation should liaise with the forces to ascertain the reason for being asked to leave. A service leaver with an interest in another property (including overseas) would not be placed in Band C as they cannot demonstrate a housing need if they already own a property. Forces leavers will not be expected to demonstrate a local connection to a particular area unless there is a section 106 or Local Lettings Policy in place.
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Section 4 Reasonable Preference Categories, Community Contribution and Reduced Preference
The law requires Local Authorities to give reasonable preference for housing to certain categories of households. The statutory reasonable preferences categories are set out in section 167(2) 166A(3) (a) to (e) of the Housing Act 1996 (as amended) and are:
(a) people who are homeless (within the meaning of Part 7); (b) people who are owed a duty by any local housing authority under section 190(2), 193(2) or 195(2) (or under section 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation secured by any such authority under section 192(3); (c) people occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions; (d) people who need to move on medical or welfare grounds (including any grounds relating to a disability); and (e) people who need to move to a particular locality in the district of the authority, where failure to meet that need would cause hardship (to themselves or to others)
People who are homeless, as defined by Section 175 Part VII of the 1996 Housing Act. People who are owed a duty by any local authority under section 190(2), 193(2), or 195(2) of the Housing Act 1996 or under S65(2) or S68(2) of the Housing Act 1985 or people that are occupying a property secured by the local authority under Section 192(3) of the Housing Act 1996 (persons not in priority need who are not intentionally homeless) People occupying unsanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions People who need to move on medical or welfare grounds, including grounds relating to disability People who need to move to a particular locality in the district of the housing authority, where failure to meet that need would cause hardship to themselves or others.
In framing this policy and to ensure that those in greatest need are given preference for an allocation of accommodation, the partnership has taken into account the categories of people that must be given reasonable preference by Local Authorities.
Whilst Housing Authorities are required to give reasonable preference to the above groups they will not necessarily be given the same degree of preference. Housing Authorities are able to give additional preference in their allocation policy to households who have a particular urgent need for housing.
To ensure allocation policies meet local housing needs housing authorities are also able to give priority to other groups who are outside these reasonable preference categories as long as they do not dominate the scheme at the expense of those listed in the reasonable preference categories.
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Reasonable Preference and Additional Preference – How it is Applied Under this Scheme
4.1 Reasonable preference category s167(2) S166A (3) (a) – people who are homeless within the meaning of Part 7 of the Housing Act 1996
Customers assessed as meeting the criteria for this reasonable preference category will be placed in Band C. This includes people who are homeless and have been found by the authority not to be in priority need. It also includes people who are rough sleeping or sofa surfing with no access to a home for longer than 28 days It will also include households at risk of homelessness within 28 days and whom the Local Authority considers is likely to be found may be in priority need. They will be placed in Band C where they have opted to take a Homeless Prevention option. Those who are awarded this status may move to Band B after 3 months.
Customers in this category do not need to have made a homeless application to a Local Authority or wish to pursue a homeless application if one would be triggered according to the legal test however they do need to have had a Housing Options Interview. They do not need to be in ‘priority need’ for accommodation as defined by Part 7 of the 1996 Housing Act. This definition of homeless includes the statutory definition for a person who does not have accommodation which is legally and physically available to them or has accommodation but it is not reasonable for them to continue to occupy.
Examples of where a customer may qualify under this category for Band C are:
Rough Sleepers Those moving between friends and relatives. Those who have no accommodation at all in which they can live, with other family members normally living with them or others the Council might reasonably expect to live with them. Those who have accommodation but where there legal right to live in that accommodation has been terminated and they will be homeless immediately or within 28 days. Those who have accommodation but where in the Council’s opinion it wouldn’t be reasonable for them to continue to occupy it. Those who have accommodation but cannot secure access to it, or, in the case of a moveable structure, like a caravan, there is no lawful place they can lawfully live in it. Those who have made a homelessness application and have been determined by the Council to be homeless but not in priority need, or have been found intentionally homeless or have no local connection.
Note: those found intentionally homeless may be given reduced preference or be made ineligible by virtue of the action which led to the intentional homeless decision where there is a clear reduced preference as defined in the policy i.e. rent arrears / anti-social behaviour.
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Homeless Prevention
The Local Authority will award additional preference to those at risk of homelessness where the customer has chosen to take a homeless prevention option, in the following circumstances:
The customer is likely to be found to be in priority need if they became homeless and made a homeless application or pursued a homeless application that would be lawfully triggered under the legislation. And, the Council considers that they are at risk of being homeless (within 28 days) And, they have opted to take a homeless prevention option offered by the Council and as a result have been granted Homeless Prevention Status
These households will be placed in Band C for up to 3 months. The Council may then award Band B after the 3 month period. The customers ‘effective date’ will be the date that they moved into the respective Bands. Banding in this category will apply only in the Local Authority area where the decision has been made (Local Band only). At no point should the Local Band be lower than the Global Band.
4.2 Reasonable preference category s167(2) 166A(3) (b) – people who are owed a homelessness duty by a Local Authority under Part 7 of the Housing Act 1996
Customers assessed as meeting the criteria for this category are given additional preference by the scheme and will be placed in local Band A. Additionally the Local Authority may discharge their duty by way of to a 12 month Assured Shorthold Tenancy (AST) into the private sector in accordance with the Localism Act 2011.
Customers who will be given this additional preference are:
People who are in priority need and the Local Authority has accepted that it owes the household a full homeless duty under section 195(2) as being threatened with homelessness in the next 28 days, and the Local Authority is taking steps to try and prevent that homelessness from occurring. People who have been accepted as being owed the full homeless duty under section 193(2) - those who are deemed homeless, in priority need and unintentionally homeless.
Note: The Band awarded will be Local Band A (i.e. Band A only applies in the authority where the homelessness decision was made) except in the case where the household also meets the criteria for Exceptional Need to Move (s3). Applicants owed a duty by another local authority outside of the partnership are required to apply through the receiving authority.
4.3 Reasonable preference category s167(2) 166A(3) (c) – people occupying unsanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions
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Customers being assessed as meeting the criteria for this category will be placed in Bands A, B or C. Customers will be placed in Band C where they have been given reasonable preference and Bands A and B where they have been awarded additional preference by the scheme. Additional preference is awarded based on the severity of the housing need.
Additional Preference
Customers will be awarded additional preference and placed in Band A in the following circumstances:
Households living in conditions which give rise to an imminent risk of harm and where the Local Authority has served a Prohibition Order under Part 1 of the 2004 Housing Act. Excessive Overcrowding i.e. Where a Local Authority officer or Registered Provider Social Landlord has made an assessment using the Housing Health and Safety Rating system and concluded there is a high risk of harm due to overcrowding.
Note: Customers may be given Band B priority based on a combination of housing needs – see Cumulative Preference (section 4.7) below.
Owner occupiers will only be considered if they are elderly, disabled or have a mental health problem and their property is likely to give rise to an imminent risk of harm and they do not have the financial means to carry out essential repairs.
Reasonable Preference
Reasonable preference Band C is awarded for households where there is one or more category 1 hazard as assessed under the Housing Health and Safety Rating System (HSSRS) as defined under Part 1 of the Housing Act 2004. This will mean where a category 1 hazard has been identified by the Local Authority and the Local Authority is working with the landlord to resolve the problem or taking enforcement action.
Priority banding will be given to private tenants where the landlord has been approached but works required to remedy a category 1 hazard have not yet been undertaken. Once the Local Authority has verified that works have been carried out, priority will be removed.
Where an officer from the Council has determined that a private sector property (tenanted) contains one or more serious category 1 hazards, as defined by the Housing Health and Safety Rating System. The awarded is made in respect of a significant risk to the health and well-being of the occupant(s), and where there is no prospect of the issues being remedied in a period of time that the Council considers reasonable.
Customers will be awarded reasonable preference and placed in Band C in the following circumstances:
Customers who are living in overcrowded conditions.
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Reasonable preference will be given to households lacking one bedroom or more.
The standard used for the assessment of overcrowding by Cumbria Choice is as follows:
A separate bedroom should be allocated to the following persons: o A person living together with another as husband and wife (whether that other person is of the same sex or the opposite sex). o A person aged 16 years or more. o Two persons of the same sex aged less than 16 years. o Two persons (whether of the same sex or not) aged less than 10 years. o Any person aged under 16 years in any case where he or she cannot be paired with another occupier.
Customers who have voluntarily allowed family member(s) or other(s) to move into their property will not be given reasonable preference.
Social housing within the Cumbria Choice region is subject to acute pressure and there is a particularly high demand for family size accommodation. Partner organisations need to make best use of their stock and for this reason children will only be included in the overcrowding calculation at their main place of residence.
Tenants of landlords within the Cumbria Choice Scheme who under occupy a family home where a move will free up accommodation.
Additional preference for customers who need to move on hardship grounds where failure to move will cause hardship to themselves or others. Social housing tenants of a partner organisation that are moving to a property that will have at least 2 bedrooms fewer than their current property will be awarded Band B.
Reasonable preference for customers who need to move on hardship grounds where failure to move will cause hardship to themselves or others. Social housing tenants of a partner organisation that are moving to a property that will have 1 bedroom less than their current property will be awarded Band C or Band B (cumulative preference) where the household is also suffering financial hardship under Welfare Reform. under-occupying a social rented property and is suffering extreme financial hardship, as a direct result of welfare reform, and is prepared to downsize to a more suitable property with fewer bedrooms that will alleviate their financial hardship. The responsibility for undertaking a financial assessment lies with the relevant landlord, who will liaise directly with the Council. The decision to award preference lies solely with the Council and will be considered on a case by case basis.
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4.4 Reasonable preference category s167 S166A (3) (d) – people who need to move on medical or welfare grounds including grounds relating to a disability
Customers being assessed as meeting the criteria for this category will be placed in Bands A, B or C. Customers will be placed in Band C where they have been given reasonable preference and Bands A or B where they have been awarded additional preference by the scheme. Additional preference is awarded based on the severity of the housing need.
Note: Preference will only apply where the applicant is applying for properties that are suitable, will meet their medical need and are reasonably capable of being adapted and at a reasonable cost.
Note: Customers given only reasonable preference (Band C) may be given a Band B priority based on a combination of housing needs – see Cumulative Preference (section 4.7) below.
Medical Grounds – Additional Preference
A customer who has an urgent need to move for medical reasons or due to a disability, which is being exacerbated by their current housing situation will be awarded additional preference and placed in Band A. This would include people whose safety is at risk due to their current housing or who are completely housebound because of the type of accommodation they live in.
The assessment will be made by an officer of the partner organisation with specific responsibility for the assessment of such cases and following a set of criteria based upon routine medical conditions and property conditions/facilities. The officer will make the assessment from information given by the customer who will be required to complete a medical questionnaire.
In most cases the assessment will not be of the customer’s health but how their accommodation affects their health. In exceptional circumstances that do not meet the set criteria the case will be passed to a senior officer within the partner organisation administering the application.
For more serious cases evidence maybe required from an Occupational Therapist, Doctor or Consultant. In some cases a decision may be taken to pass the information to a medical consultancy commissioned by the Partnership for the purposes of clarification. The decision on whether to award priority in such cases will be taken by the senior officer of the partner organisation.
The following are examples of cases that would qualify for Band A priority. It applies to the applicant or a member of their household that the Council has agreed meets the criteria to be included on their application:
o An immediate life threatening condition which is seriously affected by the current housing and where re-housing would make it significantly easier to manage.
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o A member of the household cannot be discharged from hospital until a suitable adapted property is provided. o Due to limited mobility a person is unable to access essential parts of the property e.g. bathroom/toilet and requires re- housing into accommodation suitable for their use. o A member of the household is elderly or disabled or has a progressive illness and is likely to require admission to hospital or residential/nursing care in the immediate future and re- housing would enable the person to remain at home. o Armed forces personnel who need to move to suitable adapted accommodation because of a serious injury, medical condition or disability which he or she or a member of their household, has sustained as a result of service. o People who have a severe mental health or learning disability which significantly affects their ability to lead a normal life and which puts them at risk of admission to hospital or residential care. o A serious illness, is currently receiving palliative care and urgently requires rehousing to facilitate the on going provision of this care. o A life limiting condition and their current accommodation is affecting their ability to retain independence or enable adequate care. o The applicant’s health is so severely affected by the accommodation that it is likely to become life threatening, e.g. applicant has severe mental health problems that are significantly exacerbated by their accommodation. o A new and life changing condition that severely impairs their mobility, meaning they are unable to carry out day-to-day activities or have difficulty accessing facilities inside and outside of their accommodation and requires rehousing into accommodation suitable for their use. o Where their current property leaves a person at risk of infection, e.g. where an applicant is suffering from late stage or advanced HIV infection.
Medical Grounds – Reasonable Preference
Customers whose housing is unsuitable for severe medical reasons or due to disability but who are not housebound or whose safety is not at risk due to their current housing will be awarded reasonable preference and placed in Band C.
Their housing conditions will need to contribute to causing serious ill health. Their circumstances will be assessed in the same way as for the additional preference category above. The assessment will be made by an officer of the partner organisation with specific responsibility for the assessment of such cases and following a set of criteria based upon routine medical conditions and property conditions/facilities. The officer will make the assessment from information given by the customer who will be required to complete a medical questionnaire.
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In most cases the assessment will not be of the customer’s health but how their accommodation affects their health.
In some cases evidence maybe required from an Occupational Therapist, Doctor or Consultant and a decision may be taken to pass the information to a medical consultancy commissioned by the Partnership for the purposes of clarification. The decision on whether to award priority will be taken by the partner organisation.
The following are examples that would qualify for Band C priority:
o Children with severe conditions such as autism, or cerebral palsy where their long term needs cannot be met without settled accommodation. o A person whose disability means that re-housing would enable them to overcome physical barriers created by their current accommodation e.g. stairs and steps. o A person with a severe disability requiring substantial adaptations to a property which is not provided for in their current accommodation. o A person with a terminal illness or long term medical debilitating condition whose current accommodation is not having a significant impact on their condition but where their quality of life would be significantly improved by moving to alternative settled accommodation which may or may not be closer to support.
Welfare Grounds – Additional Preference
Domestic Abuse, extreme violence or extreme harassment.
Customers who need to move due to domestic abuse, extreme violence or extreme harassment will be awarded Band A priority. This would include hate crime, disability, racial, homophobic or transgender harassment and will be awarded for exceptional circumstances where there is a high risk to the tenant or their family’s safety if they remain in the property/area.
This priority will be given in circumstances where the customer does not wish to make a homeless application but cannot remain in the property long-term or has moved to stay with relatives or friends because of the threat. They will be awarded this priority without needing to pursue a homeless application though it remains their choice to do so. going through the homelessness route.
Tenants of partner organisations can be assessed and given Band A priority by their own Landlord (regardless of who is administering their housing application). All other applicants to the scheme will be assessed by the Local Authority Housing Options Team.
The assessment will be made by a senior officer within the partner organisations and will be based on evidence provided by the customer and other appropriate statutory and voluntary agencies. This would include, the Police, Social Services, referrals by MARAC, Domestic Violence and Lesbian and Gay support groups.
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Move on from supported housing projects
Customers who are moving on from a specified list (Appendix 8) of supported housing projects will be awarded Band B.
They must have a vulnerability and urgent housing need that is best met through the provision of long term settled housing. To qualify for this additional preference the support provider will provide written a completed Move On from Supported Accommodation Form (Appendix 7) which provides evidence that the customer: o Has successfully completed a minimum of 6 months in the supported housing scheme (except in proven exceptional circumstances when a lesser period may be considered). o Is ready to move to independent settled accommodation. o Has a support package that has been assessed and is in place.
Customers can register when they move into supported accommodation and are likely to be awarded Band D priority. When they are assessed as ready to move on they will be awarded Band B priority. The ‘effective date’ for all move on customers will be the date they moved into that providers supported housing scheme regardless of their date of application.
Young Person in Need (including young people moving on from Care).
Young people referred by Social Services in accordance with the joint protocol will be awarded Band B. All referrals by Children’s Services will be made following the provision of Joint Protocol – currently the Interim Protocol 16-17 year old presentations in relation to accommodation (March 2010) in Cumbria. Cumbria’s Joint Protocol for young people, 2015.
Referrals will be made where a young person is leaving care or housing and child in need assessment with a recommendation for housing has been made. The criteria for the award of additional preference are:
o The young person is ready to move to independent settled housing and is genuinely prepared for a move to independent living. o They possess the life skills to manage a tenancy including managing a rent account. o The young person is in need of medium or long term tenancy support. o The support package has been assessed and is in place. o Their needs are such that accommodation in the private rented sector, through its short term nature, would have a detrimental effect on their move to independent living.
Welfare grounds – reasonable preference
o Customers who are assessed as facing housing related financial hardship where re-housing through Cumbria Choice will alleviate the situation.
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o In cases of extreme financial hardship, following assessment, an applicant may be awarded reasonable preference. This is likely to be cases where the person is so financially impacted by their current housing that they cannot afford to adequately feed, clothe and meet the fuel costs for themselves and their family and this is not the fault of their own actions. The responsibility for undertaking a financial assessment lies with the relevant landlord, who will liaise directly with the Council. The decision to award additional preference lies solely with the Council and will be considered on a case by case basis. o People who suffer financial hardship as a result of housing benefit changes under Welfare Reform. (Existing social housing tenants in receipt of housing benefit occupying properties which are too large for them under revised Housing Benefit size criteria) o Social housing tenants suffering extreme financial hardship, as a direct result of welfare reform and moving will alleviate their financial hardship. The responsibility for undertaking a financial assessment lies with the relevant landlord, who will liaise directly with the Council. The decision to award preference lies solely with the Council and will be considered on a case by case basis.
4.5 Reasonable preference category s167(2) S166A (3) (e) – people who need to move to a particular locality within the local authority’s district, where failure to meet that need would cause hardship to themselves or others.
Customers being assessed as meeting the criteria for this category will be awarded reasonable preference and placed in Band C.
Note: Customers given only reasonable preference (Band C) may be given a Band B priority based on a combination of housing needs – see Cumulative Preference (section 4.7) below.
The people who meet these criteria are those who need to move for: Employment purposes To be near relatives to give or receive support To access medical treatment/social services facilities
Customers who are assessed as meeting these criteria for employment purposes will be placed in Band C. Priority will only be given in exceptional circumstances and customers will need to show:
That they need to move to take up or continue an employment opportunity not available elsewhere. They will only be considered where they do not live within a reasonable commuting distance and will be required to provide confirmation of employment details from the employer.
Customers who are assessed as meeting this criterion for support purposes will be placed in Band C. Priority will only be given in exceptional circumstances and customers will need to show:
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That they require substantial and ongoing support from relatives or friends. This will only be considered where there is a severe mental health, medical or welfare issue and there are reasons why this support cannot be made available through reliance on public transport or the customer’s own transport.
Example of the type of information required in order to assess the priority include: o Confirmation of name and address of the person who is to provide the care and the person who is to receive care o Evidence of their care requirements (Doctor, Social Services) o Evidence of links to care groups o Disability living allowance receipt
Customers who are assessed as meeting this criterion for access to medical treatment or social services facilities will be placed in Band C. Priority will only be given in exceptional circumstances and customers will need to show:
That they have a need to access medical care and/or social services facilities and that cannot be met through reliance on public transport, the customer’s own transport, or through provision put in place by health or social services.
Example of the type of information required in order to assess the priority include: o Confirmation of name and address of the medical or social provision to which they need access o Evidence of their care requirements (Doctor, Social Services) o Evidence that no other provision is available and no assistance can be provided to enable them to access the service
Customers who are assessed as having an Urgent or High Need for Housing due to Reasonable Preference (in Bands A and B) will have their bidding activity monitored by the Local Authority or Social Housing Provider which has assessed their banding and will be expected to bid on available suitable properties. They will be offered advice and support. Proxy bids will apply to households in these bands after 6 weeks if no bids have been placed or bids made have been unsuccessful (see section 5.6), subject to suitable properties being available.
4.6 Economic and Community Contribution
This scheme aims to support economic growth within the County and to value those who make a positive contribution to their community. For customers awarded no reasonable preference and placed in Band D a proportion of properties will be made available and those who meet the economic and community criteria will be placed at the top of the shortlist.
Customers being assessed as meeting the criteria for this category will be placed in Band D Plus. Customers will be awarded this additional priority in the following circumstances:
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Low income working household – the scheme wants to encourage those people who work but are on a low income to remain in the area and contribute to the economic activity of that area.
Low income households are those who are working but would find it difficult to access home ownership or low cost home ownership.
Working households are those where at least one adult member is in employment. This is a permanent contract, working as a temporary member of staff or being self-employed. The person will only qualify if they have been employed for 9 out of the last 12 months. Verification will be sought at the point of application as well as at the point of offer.
Customers must provide payslips, P60, bank statements or a verifying letter on headed paper.
Community Contribution – the scheme wants to encourage people who make their communities strong, stable and healthy places to live so that they will remain in that community and continue to contribute to sustaining the local area.
Volunteers must have been volunteering for a continuous period of at least 6 months at the point of application and must have continued in voluntary work at the point of offer. Volunteering must be for a not-for-profit organisation or a charity and must be for a minimum of 10 hours per month.
Note: Tenant and resident organisations recognised by a Local Authority or Registered Social Landlord are included.
Evidence of volunteering work will be required from the Manager responsible for the volunteer. This person must not be related to the customer.
Customers of the 9 RP partners of the Cumbria Choice scheme with a positive tenancy history - the scheme wants to encourage tenants to meet the terms of their tenancy agreement and to assist and retain within the social rented sector those tenants who do.
Tenants must have a positive tenancy history to qualify: o No on-going involvement in anti-social behaviour or criminal activities o A clear rent account maintained for a period of 1 year or more o A property maintained in accordance with the tenancy agreement o No breaches of the tenancy agreement in the last 3 years o Not have an outstanding unspent conviction
Pre Tenancy Qualification Award – the scheme wants to encourage and help young people under 25 to be responsible tenants and where they are willing to learn how to be a good tenant to reward that effort.
In some Local Authority areas courses are available for young people to attend and gain a ‘young person pre-tenancy qualification’. Where a young person
45 Page 112 of 162 has gained this award and shown they know how to live as a responsible tenant they will quality for this category.
They must have attended a course recognised by the Local Authority or obtained an NVQ level qualification.
4.7 Cumulative Preference
This scheme takes account of customers who have more than one housing need and gives them additional priority for example people who have a medical need and are also living in overcrowded conditions.
Customers who have two or more of the housing needs as listed in Band C will be placed in Band B to reflect their additional housing needs:
Households needing to move to a particular locality on hardship grounds Households overcrowded/under occupying Households where there is one or more category 1 hazard as assessed under the Housing Health and Safety Rating System (HSSRS) as defined under Part 1 of the Housing Act 2004. Medical need Households suffering financial hardship as a result of housing benefit changes under Welfare Reform
4.8 Reduced Preference
Local Authorities have a right to reduce a person’s priority for housing under their allocation policy. This action will be taken in order to enforce to existing and prospective tenants the importance of taking seriously their responsibilities as a tenant: The responsibility of paying their rent and service charges. The responsibility to keep the property in good repair and not to cause deliberate damage. The responsibility to conduct their tenancy in accordance with their tenancy agreement and not to cause nuisance or annoyance to their neighbours.
Reduced preference will also take account of other criteria and will be given in the following circumstances:
There is a current or former debt owed to a social or private sector landlord. There is a history of unacceptable behaviour within the last 2 years (see Reduced preference due to unacceptable behaviour p42) Customers who have been found to be intentionally homeless but would otherwise meet one or more of the conditions for Band E. Customers who do not have a local connection with the Local Authority area. Customers who have the financial resources to purchase a property
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Customers who have refused 2 offers of accommodation that they have ‘bid’ for or been offered under management discretion within the last 12 months. Young people less than 18 years of age unless they meet the criteria for being offered accommodation which would be those who are accepted as homeless with a full duty or referrals from Children’s Services. Tenants with starter or probationary tenancies.
Reduced preference due to current or former housing related debt
For the purpose of this policy the partner Council, when carrying out an assessment, will take into consideration all property related debts that are both recoverable and not statute barred. This includes any:
I. current or former tenancy rent arrears; II. outstanding re-chargeable repairs; III. current and former housing related service charge arrears; IV. bed and breakfast or other temporary accommodation charge arrears; V. associated court costs.
Property related debts apply to both the applicant and members of their household.
Where a property related debt over £500 is in existence with any landlord party to this policy, the application for housing would be given the reduced preference but in addition the applicant would not be actively considered for housing until such time as they have:
1. entered into a repayment plan with the former landlord; 2. made a minimum of 13 consecutive weekly payments, at an agreed level; and 3. repaid a minimum of 25% of the debt.
This process can only be circumvented where the debt is repaid in full. In order to encourage good financial management and discourage applicants from using doorstep lenders, who may charge excessively high interest rate loans, lump sum payments of above 25% of the total debt owed would not count until the 13 week minimum repayment period has been satisfied.
The process may be circumvented where the partner Council believes that highly exceptional and significant circumstances exist, and the need to move is considered urgent. This will be a decision of the senior officer responsible for the housing allocation policy in the partner Council.
Applicants with a housing related debt up to £500 will be awarded reduced preference and can be considered for housing they successfully bid for providing that they had agreed and were actively following a repayment plan for a minimum of 13 consecutive weekly payments. Adherence with the plan would be checked prior to an offer of accommodation being made by the partner concerned.
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Housing debt from all tenures will be considered and includes current or former rent arrears and/or recharges for repairs from property damage.
Non housing debts will not be considered. This includes for example housing benefit overpayments and mortgage arrears. These debts are either not legally enforceable in tenancy law as a condition of the tenancy or under grounds for possession in the Housing Act 1985.
Where a customer has a debt each case will be considered individually and in certain circumstances the customer will not be given reduced preference. Examples include but are not limited to: o Customers who have been accepted by a Local Authority as unintentionally homeless and in priority need. o The customer has been a victim of Domestic Violence o The debt arose due to the customer’s vulnerability. o The customer was unable to pay due to circumstances other than deliberate non payment. o The customer has suffered financial hardship as a result of welfare reform.
Note: In circumstances where a debt is owed to a housing organisation and the customer is not to be given reduced preference in accordance with the examples listed above the organisation to whom the debt is owed may decide not to make an offer of accommodation. The customer will be expected to set up and maintain a repayment plan to the creditor landlord. Other RP’s may choose to not to make an offer of accommodation based on the applicant’s individual circumstances where the repayment has not been set up or maintained. Although this is a common allocation policy across 6 local authority areas including the local authorities and the registered provider partners individual partners may apply their own rules as to whether to accept a bid from an applicant where there are current or former rent arrears or poor behaviour.
Any debt will be assessed at the point at which the customer’s priority is being considered unless any new information becomes available at a later time and the following will be considered:
The amount of the arrears/debt. Whether there are any exceptional circumstances as detailed above. If this is the case then the customer will not be subject to reduced preference. Whether the customer has entered into any arrangement to clear the arrears/debt and if so, the amount already paid off and the length of time and regularity of any payments.
Where a decision is taken to give reduced preference the following will apply and the customer will be advised of the actions they need to take:
Customers who owe £100 or over but less than £500 will be given reduced preference and placed in Band E. Before they can be reinstated to a higher Band they must sign an undertaking to repay the
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outstanding debt. They must agree and maintain a repayment plan over a 13 week period. Customers who owe over £500 but less than £1000 will be given reduced preference and placed in Band E. Before they can be reinstated to a higher Band they must sign an undertaking to repay the outstanding debt. They must agree and maintain a repayment plan for the debt for a period of at least 6 months and have reduced the debt owed to less than £500.
Customers who owe a debt over £1000 will be deemed ineligible based on a case by case basis and subject to any exceptional circumstances. This is because customers with that level of arrears will be considered by the Local Authority to be guilty of unacceptable behaviour and to be unsuitable to be a tenant by reason of that behaviour.
Customers can apply at any time to have their application reinstated where they are able to show an improvement in their behaviour, in this instance full payment of the debt owed or maintenance of the agreement made.
Reduced preference due to unacceptable behaviour
Customers will be given reduced preference where it can be satisfied that having considered all the available evidence they (or a member of their current or prospective household) has failed to adhere to the terms of any current of previous social housing or private sector tenancy agreement.
This would include but is not limited to following examples of unacceptable behaviour:
Failing to maintain the property within the terms of the agreement – for example damage to the property, accumulation of large amounts of rubbish in and around the property. Conduct likely to cause nuisance or annoyance – this is conduct or behaviour that does not only relate to a previous social housing or private rented sector tenancy agreement. This includes where an applicant or a member of their current or prospective household is the subject of actions being taken by the Council (or some other competent body) on grounds of alleged Anti Social Behaviour (ASB). Committing acts causing or likely to cause nuisance or annoyance to neighbours or others in the locality where they live or where they previously lived. This would include noise nuisance, threatening or abusive behaviour. Criminal behaviour that was relevant to the tenancy and/or locality, for example being in possession of illegal drugs, acts of public disorder. Serious breaches of a social or private sector tenancy agreement – for example operating a business from the premises, having an unreasonable numbers of pets at the property. Behaving in a threatening, abusive or obstructive manner towards staff of the partnership and or their contractors.
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Reduced preference due to the refusal of two reasonable offers of accommodation
Customers who have bid for and refused 2 offers of accommodation (including any reasonable offer made through management discretion) within 12 months of the date of their first offer will have their priority for housing reduced for a 12 month period. After this 12 month period of reduced preference the customer will be returned to their original Band with their original date as long as a change of circumstances has not occurred.
Note: this does not apply to homeless customers owed a Local Authority duty who will be made one reasonable offer.
Notification of reduced preference
Customers who have been given a reduced preference will be provided with written notification of the decision which will contain the following information:
The reasons for the decision to give reduced preference. The Band that their application would be awarded had they not been given reduced preference and placed in Band E. Their right of appeal and the requirement to put their request in writing within 21 days of receiving the decision. What they need to do before their application will be placed in the Band determined by their housing needs. That a customer can ask at any time for their application to be removed from the reduced preference Band. The request for removal must be made in writing and must set out why the customer believes that the reduced preference they have been given is no longer justified.
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Section 5 How the Scheme Operates
5.1 Advertising the Properties
Choice based lettings are about the customer having choice in where they live. Properties will be advertised and customers will be able to indicate the properties for which they want to be considered by ‘bidding’. Once the bidding process closes a shortlist will be compiled and the property allocated taking account of the banding priority of the applications and their time waiting.
The partnership organisations have agreed to advertise the majority of their properties through Cumbria Choice. Properties will be advertised on a weekly basis on both the website and in newsletter form.
Properties will be advertised in an easy to read format. They will usually include a picture of the property or scheme in which it is located. Property adverts will include details of the property and will indicate suitable household size as well as giving information about the local area. They will (where appropriate) indicate the priority band of customers eligible to apply. The properties will clearly indicate which housing organisation is the Landlord.
Properties may be advertised during the 4 week notice period given by an outgoing tenant. If the notice is subsequently withdrawn by the tenant the property will therefore be unavailable to let.
All categories of properties will be advertised. General needs properties; properties that have been adapted for those with disabilities; properties that are specifically for the elderly and which may have a warden and/or an emergency call system. Adverts will clearly indicate any restrictions on bidding (e.g. where properties have been adapted and/or are specifically for people with disabilities) and will detail any particular criteria that apply (e.g. where full occupancy is required, affordability criteria etc.)
Bids from customers will only be accepted if they meet all of the eligibility criteria for the property.
5.2 Extra Care Properties
Properties which provide extra care facilities are provided under the Supporting People Programme. Customers requiring these properties will need to apply direct to the provider.
5.3 Sheltered Housing
Sheltered accommodation is included within the scheme. It is generally for people of 60 years and older and offers independent living with the added security and support of a warden service. In certain circumstances it may be advertised for people less than 60 years. Property advertisements will clearly state the age requirements of customers able to ‘bid’ for a property.
5.4 Quota system
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A quota system may be used to allow customers in lower priority Bands access to housing. This allows a proportion of properties to be advertised as available only to those in a specific Band. The system will be monitored to ensure that it does not operate to the detriment of those with a higher need for housing meaning that overall the scheme will continue to meet the needs of applicants assessed as being owed a reasonable preference.
If a particular partner local authority decides to use a quota system they will Local Authorities will individually agree the quota systems in their own areas in conjunction with their partner social housing providers. They will be individually decided to meet local requirements.
Where a quota system exists partners will have formal agreements with the relevant Local Authority, specifying the % lets for each Band. These will be reviewed by the partnership for that local authority area on an annual basis or earlier than annually where required for operational reasons.
The quota system operated in each Local Authority area will be available on the Cumbria Choice website and on request from the offices of all partner organisations.
5.5 The ‘Bidding’ process
Properties are advertised on a weekly cycle. Customers may express an interest - ‘bid’ on any advertised property that meets their needs. They are able to place up to 3 bids each week.
Bids can be made in a number of ways: on the website using the username and password; by telephoning or visiting the office of a partner organisation; by mail; by automated telephone bidding; by proxy bidding (see ‘proxy bids’ 5.6).
A person may bid for any suitable property advertised in the scheme; this means any area covered by the scheme and any landlord advertising in the scheme. Bidding is not restricted to areas where a person may have a local connection unless the advert specifies ‘local connection only’.
Customers are able to check their position on the list at the time of the bid, together with the total number of bids already placed. This allows customers to make decisions about their choice of property and the likelihood of being successful. Within the bidding period, customers may withdraw bids and make further bids.
Only the customer whose bid is successful will be contacted.
5.6 Proxy Bids
The relevant Local Authority will be able to place bids on behalf of homeless households owed a full homeless or threatened with homeless duty under section 193(2) or 195(2) of the Housing Act 1996 Part 7 who have not made bids or not made any successful bids during the 6 week period that they are owed that duty and have been awarded their banding for that duty. In addition the Local Authority will also make proxy bids on behalf of homeless
52 Page 119 of 162 households who have not yet had a S184 decision on their homeless application but have been in following a temporary accommodation for a period of 6 weeks or more period in temporary accommodation regardless of their current banding. They will give due consideration as to whether it would be a ‘suitable offer’ should the bid be successful.
Customers who have been awarded Band A for any housing need or circumstances will also be subject to Proxy Bids, if they have not been bidding, following a 6 week period of being awarded the Band subject to suitable accommodation having been being available during that 6 week period. If the customer refuses an offer which is deemed reasonable and suitable, Band A preference may be reduced.
It is also appreciated that there will be a number of vulnerable customers who will require agencies to make bids on their behalf. Proxy bids will be taken from agencies and support groups where a formal arrangement has been agreed and the customer gives their consent for bids to be made on their behalf.
5.7 Shortlisting
At the end of the advertising period a shortlist of suitable applicants will be produced by the web based IT system.
Where priority is to be given to applicants with a local connection to the area this will be reflected in the shortlist. (See ‘local connection’ 5.8)
The customer at the top of the shortlist will be made the offer unless there is reason not to do so. (See ‘the offer’ 5.10).
Where a customer is at the top of more than one shortlist they will be contacted to make a preference within 24 hours and before a viewing can be arranged. Where there are two households with the same Band and length of time on the register a decision to offer the property will be based on the household who is assessed as being would be most suitable for the property type.
Where the property advert has indicated specific requirements such as age or accessibility, only those customers meeting those requirements will be eligible for an offer.
5.8 Local Connection
In situations where priority is to be given to applicants with a local connection the process will be:
Banding priority will apply Within each Band those with a local connection to the Local Authority in which the property is located will be given a higher priority than those whose local connection is with other Cumbrian Authorities. Customers with no local connection to any Local Authority partner organisation within the Cumbria Choice scheme may be given reduced preference.
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Properties where no local connection is required will be identified through information given in the advert.
For some towns and villages where there is a high demand for housing additional priority may be given to customers who have a local connection to the particular town or village. Advert details will state where a customer having a local connection to the specific town or village may be given priority. Those towns and villages operating a local connection policy will be identified within each Local Authority’s local lettings plans. In any local letting plan for a particular town or village the definition of local connection may be based on locally agreed criteria and will not necessarily be the definition in section 5.8.
A local connection means that a customer:
Currently resides in the area in either temporary or permanent accommodation and has been resident in the Local Authority area or specified town/village for at least 6 out of the past 12 months or 3 out of the past 5 years. Is at present permanently employed in the district or specified town/village for a minimum of 16 hours per week, or has a firm permanent job offer in the locality for a minimum of 16 hours per week. Permanent employment will be taken to include contracts for a minimum of 1 year’s continuous employment, and the self employed, on provision of evidence of a viable business. The Local Authority should obtain confirmation from the employer that the person is in employment and that the employment is not of a casual nature. Has close family connection with someone who lives in the Local Authority area or specified town/village. Family connection means: parents, adult children, brothers or sisters, grand parents and foster carers or guardians who have been resident in the district for a period of at least the last 5 years. There are special circumstances which are considered to give rise to a local connection with the Local Authority area or specified town/village. For example this would include ex-servicemen and serving members of the armed forces posted to the Local Authority area. Currently serving in the regular armed forces or has served in the armed forces in the five years preceding application. Currently in the armed forces or are an existing or former member of reserve forces and suffering from a serious injury, illness or disability. Bereaved spouse or civil partner of those serving in the regular forces and are no longer entitled to reside in Ministry of Defence accommodation. They need to live in the locality either because they are ill and/or need support from a relative who lives in the locality, or because they need to give support to a relative who is ill and/or needs support who lives in the locality. Proof of illness and/or need of support will be required from a medical doctor or relevant statutory support agency. On advice from an appropriate professional it is clear that they need to live in the locality due to reported domestic violence, harassment and/or hate crime at a previous locality and moving to the locality will reduce
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risk of harm and enable support, employment and/or education needs to be met.
The partnership aims to improve mobility within the sub region and will advertise at least 10% of all partner organisation properties to all customers across the sub region regardless of local connection.
5.9 Section 106’s
Under the Planning Act some developments are subject to Section 106. This requires property to be let to customers with a local connection to stated Parishes. Where this applies only those applicants meeting the requirements of the Section 106 will be eligible for an offer of a property.
Advert details will state when the letting of a property is governed by a Section 106.
5.10 The Offer
Prior to an offer being made the landlord of the advertised property will carry out a further verification of the customer’s eligibility and priority. In certain situations the offer will not be made: If since joining the scheme an applicant has become ineligible.
On verification of the applicants’ details, the priority band was found to have been incorrectly awarded due to the information received by the applicant or due to mistakes in the assessment of the application itself.
The applicants’ circumstances have changed since the priority band was awarded and the applicant is no longer entitled to the same level of priority.
The partner landlord has good housing management reason not to offer a property.
In order to address issues relating to under-occupation, partner landlords may require either that the property will be fully occupied by the new tenant or allow a level of under-occupancy. Full occupation may be required where high demand exists and/or the partner landlord considers full occupancy necessary to make best use of its housing stock. When letting to achieve full occupancy the letting made will comply with the Household Type and Property Size criteria as shown in Appendix 4. Individual landlords will publish information about their approach to occupancy following consultation with the Local Authorities in whose areas they operate. This will be available on the Cumbria Choice website.
When an offer of the property is made the customer may be required to provide proof of their identity and that of all members of their household e.g. passport, photo driving licence, birth certificate etc. No offer of accommodation will be made unless a National Insurance Number is provided.
5.11 Refusing and Non Replies to Offers
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Customers who have bid for and refused 2 offers of accommodation (including reasonable offers made under management discretion) will have their priority reduced for 12 months. (see ‘reduced preference’ 4.8)
Note: Those household accepted as statutorily homeless and owed a duty to house will lose their priority status banding for being accepted as statutory homeless if they refuse a ‘suitable offer of accommodation’ they have bid for or where a bid has been made on their behalf by the Council or another organisation. The offer of suitable accommodation made will also bring the homeless duty owed to them to an end and they will be warned of this consequence at the point the property is formally offered to them.
If a customer does not reply to an offer within 2 working days of receiving the offer it is deemed to have been refused and the property will be offered to the second customer on the shortlist.
Where the customer has given their consent for someone to either act on their behalf or receive the offer, we will ensure notification is provided to them.
5.12 Local Lettings
Partner organisations may draw up local lettings policies for an area or estate to meet the specific needs of that local community. Local lettings policies may be used to tackle particular management problems and/or to address imbalances in the community.
Schemes will be drawn up where either, local residents or partner organisations have identified its benefit to the local community. These arrangements will be agreed and reviewed by the Partnership.
Where such a scheme applies a property may not always be offered to the bidder with the highest priority. Local Lettings schemes will be publicised on the Cumbria Choice website and available in leaflet form to ensure openness and transparency in the lettings process.
For information on how Local Letting Policies will be applied to the Cumbria Choice Scheme see Appendix 10.
5.13 Feedback on Lettings
A main aim of the Cumbria Choice scheme is to operate an open and transparent lettings system.
The result of lettings made through the scheme will be published on the Cumbria Choice web site and at the end of the property advert newssheet.
5.14 Other Options
A further aim of the scheme is to promote other potential housing options appropriate to applicants. These might include shared ownership/shared equity properties, mutual exchanges, private rental and lodgings. Partner
56 Page 123 of 162 landlords will raise awareness of these options and support and advice to applicants considering such options.
With regard to mutual exchanges, all partners are members of the national mobility scheme and the Cumbria Choice website provides a link to this scheme. The option to mutually exchange will in particular be promoted to applicants who under-occupy their homes. Partners will proactively seek to identify exchange opportunities for applicants who under-occupy, as well as advising of other potential options to enable downsizing.
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Section 6 The Review Process
Customers who want to query a decision made in relation to their application to register and any other subsequent decisions are first able to speak to the Officer making the decision to have that decision clarified or amended. This is outside the review process and does not affect a customer’s right to ask for a formal review of the decision.
6.1 There is a right to a review of a decision in the following situations:
The customer disagrees with the Band in which they have been placed. The customer considers that a decision has been reached based on incorrect information. The customer has been treated as ineligible on the basis of their immigration status. They have been treated as ineligible to join the register due to serious unacceptable not qualifying to be included on the register due to serious unacceptable behaviour or another qualification criteria set out in the policy. Their application has been given reduced preference.
6.2 Customers will be notified in writing of decisions made in respect of the review and will be advised of their right to request a further review of that decision.
6.3 Where a customer is excluded or suspended from the Register they will be given full information on the reasons for the decision. They will be advised of what action they need to take to rectify the situation and any appropriate advice or assistance available.
6.4 Customers must request a review of a decision within 21 days of being notified in writing, unless there are exceptional circumstances that they did not request a review within that timescale.
6.5 Customers must contact the partner organisation dealing with their application and will be advised to put their request for a review in writing. However they are able to telephone or visit an office in person and request that their request for a review is taken in writing by an officer. They must give reasons why they wish to have the decision reviewed including where they believe an incorrect decision has been made on the facts.
6.6 The review will be carried out by a senior officer in the organisation dealing with the application. That officer will not have been involved in making the original decision.
The review will be considered on the basis of the authority’s allocation scheme, any legal requirements and all relevant information. This will include information provided by the applicant on any relevant developments since the original decision was made
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6.7 Cumbria Choice will aim to complete and inform the applicant in writing of the decision within 21 working days, after taking into account any additional information that has been provided by the customer. Alternatively, the customer will be advised of any time extension required to make the decision.
6.8 The customer will be advised of the reasons for the decision and their right to request a further review if they are dissatisfied with the decision.
6.9 Customers must request a further review within 21 days of being notified in writing of the review decision. Customers will only be entitled to a further review if they have new information relevant to their case, that they want the review panel to consider.
6.10 Customers will be required to request a further review in writing and to submit additional information with their request. They will be advised that they are able to seek assistance from the partner organisation to make this request.
6.11 A review of the decision will be considered by a panel of at least 2 3 officers from within the partnership and one tenant representative. It will not include officers from the organisation that dealt with the review.
6.12 Cumbria Choice will aim to complete the second review and inform the applicant in writing, of the decision within 21 days of receiving all information from the customer. This period may be extended on notification to the customer.
6.13 A customer still has the right to continue with their complaint to the Ombudsman service.
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Section 7 Appendices
7.1 Appendix 1 – Definition of Terms
Accessibility – Used here the term refers to how ‘user friendly’ the service is to all people who may want to use it.
Adapted Property – Property that is suitable for those with a physical disability i.e. where a stair lift has been fitted.
Automatic Bidding – Within the ICT system a means of expressing an interest in a property for someone, without making the bid themselves.
Banding Scheme – The method by which customers are prioritised for social housing (previously ‘points schemes’).
Bidding – The term used to describe people who register an interest in a property (no money is involved in making the bid).
Choice Based Lettings (CBL) – The system of letting property that gives customers choice in where they live through advertising property.
Common Housing Register – One list for all of Cumbria of people applying for social housing (previously ‘housing waiting lists’).
Customers – Those people applying to the scheme for housing.
Effective Date – The date used to decide between customers in the same Band to establish who has waited longest.
Fully Occupied – Bedrooms in the property that are being fully used in terms of the household occupying the property in accordance with the table in Appendix 4. When they are not fully used the property could be considered under occupied.
Global Band / Local Band – In most cases a Band awarded applies for properties in all local authority areas and is therefore global. In a few cases defined in the policy a Band only applies within the Local Authority area where the applicant is living and is referred to as a Local Band.
Hard to Let – Low demand property where it takes longer to find a tenant.
Housing Options – A term used to describe a service that advises customers of all their choices and includes mutual exchanges, low cost home ownership and renting in the private sector.
Letting Policy – The means by which it is decided how property will be offered to customers.
Local Lettings – Short term policy made in local areas (to tackle specific, identified housing management issues) on how property will be offered that differs in some part from the overall scheme policy. 60 Page 127 of 162
Management Discretion – Property that is offered directly to an identified person without being advertised.
Partnership – The name for the District Councils and housing organisations that have funded, developed and continues to operate the scheme.
Proxy Bidding – a Local Authority or Social Housing Registered Provider places bids on the customers behalf.
Social Housing Providers – The term for a variety of housing organisations that provides not for profit housing and included local authorities, housing associations.
Starter/Probationary Tenancies – The tenancy given to new tenants by some organisations that has reduced security of tenure for 1 year.
Void Times – The length of time a property stands empty before someone moves in.
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7.2 Appendix 2 - Contact Details for all Partner Organisations
Accent Housing Association Ambassador House Dalton Road Barrow-in-Furness LA14 1HZ Tel: 0345 6780599
Allerdale Borough Council Allerdale House New Bridge Road Workington CA14 3YJ Tel: 01900 702702
Barrow Housing Department Town Hall Duke Street Barrow-in-Furness LA14 2LD Tel: 01229 876523
Carlisle City Council Civic Centre Rickergate Carlisle CA3 8QG Tel: 01228 817200
Copeland Borough Council The Market Hall Market Place Whitehaven CA28 7JG Tel: 0845 0548600
Eden District Council Mansion House Friar Gate Penrith CA11 7YG Tel: 01768 817817
Eden Housing Association Blain House Bridge Lane Penrith CA11 8QU Tel: 01768 861400
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Home Group PO Box 115 Whitehaven CA28 0BT Tel: 0345 1414663
Impact Housing Association Nook Street Workington CA14 4EH Tel: 0344 8736290
Riverside Housing Association English Gate Plaza Botchergate Carlisle CA1 1RP Tel: 0345 111 0000
South Lakeland District Council South Lakeland House Lowther Street Kendal LA9 4DQ Tel: 01539 733333
South Lakes Housing (ALMO) Bridge Mills Business Centre Stramongate Kendal LA9 4BD Tel: 0300 303 8540
Two Castles Housing Association 3 Castle Street Carlisle CA3 8SY Tel: 0800 0851171
Your Derwent & Solway Stoneleigh Park End Road Workington CA14 4DN Tel: 01900 607500
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7.3 Appendix 3 - Eligibility Criteria
The Cumbria Choice Scheme acknowledges that it is the main access to social rented housing for people wanting to live in Cumbria. In this respect it aims to be as open and inclusive as it can be to those people wanting to apply to the Register. It aims to make the scheme accessible to all, to encourage applications from people from all parts of the community, and to ensure that its policies and procedures do not discriminate.
The Cumbria Choice Scheme does operate a policy of not accepting onto the Register those customers who are ineligible due to serious unacceptable behaviour. This action is taken for the following reasons: Partner organisations within Cumbria Choice have a responsibility towards their existing tenants to put in place policies that allow them to live in safe and stable communities. Cumbria Choice wants to promote through its allocation policy the importance of good tenant behaviour amongst both existing and future tenants.
How decisions on eligibility will be administered: Blanket exclusions are unlawful and will not be made: an individual assessment will be made based on the circumstances relevant to each case. The partnership will ensure consistency in making decisions. Decisions will be authorised by a senior officer.
A customer’s eligibility for housing will be considered: At the time he or she applies to join the CBL Register. Whenever new information may come to the attention of a partner that the person may no longer be eligible under the policy. At the point at which he or she is to be considered for an allocation of property.
1 Ineligible due to Serious Unacceptable Behaviour
1.1 Part 6 of the Housing Act 1996 as amended by the Homelessness Act 2002 (section 160A (7)) allows the Local Authority to treat a person as ineligible where:
‘The applicant, or any member of his household, has been guilty of unacceptable behaviour serious enough to make him/her unsuitable to be a tenant’ ‘And at the time of the application, the customer is still unsuitable to be a tenant because of that behaviour’
1.2 When reaching a decision on whether an applicant is ineligible Cumbria Choice will be guided by follow the code of guidance for local authorities 2002 which sets out the 3 steps to consider when making an assessment. Although the 2002 Code has been superseded by new guidance the partners accept it provides a clear framework on how to apply the test of unacceptable behaviour and therefore have adopted the 3 step test set out: 64 Page 131 of 162
Step 1 Is the behaviour unacceptable? Behaviour will be regarded as unacceptable if it would have entitled the housing authority to a possession order if the applicant had been a secure tenant. This will be applied whether or not the applicant was actually a secure tenant. The behaviour must relate to the customer or a member of their household. Behaviour that relates to a person who is no longer a member of the household cannot be taken into account e.g. an ex-partner.
Step 2 Is the unacceptable behaviour serious enough to make the applicant unsuitable as a tenant of the landlord? Where there would be entitlement to a possession order the partnership will need to ensure that the behaviour was serious enough to make the person unsuitable to be a tenant of one of the housing organisations in the partnership.
Step 3 Is the behaviour current or has it improved? Unacceptable behaviour will be behaviour at the time the application is considered. Previous unacceptable behaviour may not justify a decision to consider the applicant as unsuitable, if that behaviour can be shown to have improved. Time spent in prison will not be considered as evidence that unacceptable behaviour has ceased.
Where all three steps of the assessment have been satisfied the applicant will be treated as ineligible.
Each decision will be taken based on the individual circumstances of the case. Where a decision is taken to treat a person as ineligible to join the register the information will be collated by the officer and passed to a senior officer for authorisation.
1.3 Identifying Serious Unacceptable Behaviour:
Housing records: this will identify the level of action taken by the housing organisation. Letters; Notice seeking Possession; injunctions; intention/actual Court action. Note: where possession action was taken and was unsuccessful, then serious anti-social behaviour cannot be assessed has having occurred. (in these cases the customer’s application will be assessed for reduced preference) Reports obtained from previous or current landlords. Reference to information held by other statutory and/or voluntary agencies. This includes information gained from police reports and where in operation through the information sharing protocol with the Police.
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Customers who have unspent criminal convictions will be treated as ineligible for accommodation where they are guilty of serious offences that would threaten the safety of a local community. The Scheme will liaise with support agencies, the Police and Probation Service to consider the housing options for these applicants, where appropriate. Spent convictions will not be taken into account.
The type of offences that should be considered are:
Owing significant rent arrears or other housing debt – in most cases it is likely that the debt will be over £1,000. The use of dwellings for the cultivation, supply and use of drugs, especially class A drugs. Persistent and widespread criminal activity including domestic burglaries and vehicle crime. Physical assaults, especially those resulting in physical injury, including domestic violence. Serious damage to property, including dwellings and cars, for example arson attacks and windows being smashed. Serious threats of violence and damage, including threats to kill, threats to petrol bomb. Serious disorder, in particular associated with groups. Very serious and persistent noise nuisance over long periods of time. Persistent and offensive verbal abuse, due to a person’s religion, ethnicity, sexual orientation, disability or other factors. Applicants who have had action taken against them for racially motivated offences. Applicants who have had action taken against them for homophobic motivated offences. Persistent and offensive verbal abuse or threats of violence to staff or the agents of partner organisations in the Cumbria Choice scheme. A combination of persistent behaviours, which while low level in themselves, taken together over time have a serious negative impact on the quality of life for individuals and communities.
Evidence required to support an applicant being ineligible to join the register for reasons of the individual’s behaviour/conduct: Copy of the Injunction Copy of any other Court Order Copy of correspondence confirming intention to take further court action after service of Notice seeking possession Copy of correspondence to confirm intention to seek possession after service of Notice on an introductory or starter tenancy Copy of NTQ if property abandoned by perpetrator whilst in the process of taking legal action to recover possession Copy of suspended or outright possession order Copy of ASBO Case history of serious unacceptable and/or criminal activity, e.g. correspondence, police logs, reports from other statutory or support agencies
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Evidence required where an applicant is ineligible due to wilful damage to a partner organisation’s property: A report detailing the specific damage to the property Photographs of the condition of the property Details of the cost of the repairs required to reinstate the property
Evidence required where an applicant has been violent or threatened violence to a member of staff or agent of a partner organisation: A report detailing the incident along with confirmation that it has been reported to the Police Evidence of follow up action, for example an injunction
1.4 Customers who have unspent criminal convictions will be treated as ineligible for accommodation where they are guilty of serious offences that cwould threaten the safety or quite enjoyment of residents in a local community. The Scheme will liaise with support agencies, the Police and Probation Service to consider the housing options for these customers, where appropriate. Spent convictions will not be taken into account.
1.5 Where a customer’s behaviour is deemed to be unacceptable due to a disability the relevant support agencies will be contacted. A decision will then need to be made as to the level of support someone may need to sustain the tenancy. If the level of support is deemed to be sufficient they will be accepted onto the housing register.
1.6 In situations where the customer has been accepted as priority homeless with a duty to re-house but is excluded from the register – these cases will be dealt with by negotiation between the parties outside the Cumbria Choice Scheme.
1.7 Consideration will be given to a customer making a new application if they are able to demonstrate with evidence, that the behaviour which led to the exclusion has changed and that there are no further incidents of serious unacceptable behaviour. The views of any support agency involved with the customer will be sought.
The onus is on the customer to make a new application and not on the Council to keep any circumstances under review. Customers can re- apply at any time cannot usually re-apply within 12 months of a previous ineligibility decision unless there is clear evidence that the issue has now been fully addressed and the partner is satisfied there is no risk of that issue occurring again. All new applications will be dealt with on a case by case basis and applicants may be asked to provide evidence which demonstrates improved behaviour that would not constitute a breach of tenancy regardless of tenure.
1.8 In cases relating to serious offences or serious anti-social behaviour, periods in prison will not automatically be considered as evidence that unacceptable behaviour has ceased.
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1.8 Customers that are ineligible to join the Register will be informed of the decision in writing and will be given the full reason for the decision.
1.9 Customers will be notified of what they need to do to be able to re-apply and where appropriate, will be given advice on agencies to contact to assist them with this.
1.10 Customers will be notified of their right to request a review of the decision.
1.11 Where a person is deemed to be ineligible due to the serious unacceptable behavior criteria they are able to, when seeking a review, make a case as to whether their circumstances are exceptional and this will be considered under the review. The Partner Council undertaking the review will, as part of the review, also fully consider the Equality Act duties placed upon the Council and will specifically consider:
a) Whether the person, or a member of their household that they wish to be housed with them, meets the definition for one or more of the 9 protected characteristics in listed in the Equality Act 2010.
b) If the Council agrees that the applicant or a member of their household comes under the definition for a protected characteristic it will fully comply with section 149 of 2010 Equality Act and ensure that it has obtained all relevant information relating to the applicant’s protected characteristic and will consider, if the decision were to be made on review that they do not qualify for the scheme, whether this would have an exceptionally detrimental impact on the person with the protected characteristic.
c) Any decision on review that the applicant’s circumstances are not exceptional and that the applicant does not qualify will be a decision that is a proportionate means of achieving a legitimate aim.
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7.4 Appendix 4 - Household Type and Property Size
This table provides guidance on the size of home that different types of household can bid for on Cumbria Choice. This is supplemented by the more detailed information which each housing provider places in individual advertisements and in guidance published on the Cumbria Choice website.
Household Bedsit 1 bed 2 bed 3 bed 4 bed 5+bed
Single person D D
2 Adults D D (couple) 2 Adults (non D couple) * Single 1 D child Single 2 child Single 3 Child Single 4 or more children Couple 1 D child Couple 2 child Couple 3 child Couple 4 or more children
NB Households with access to children will not be able to include them as part of the household when looking at eligibility for property size. See section 2.1 Households with access to children/joint custody.
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Key
Number of bedrooms allowed for this household type
Number of bedrooms allowed for this household type, subject to the ages of the children. Two children under the age of 10 are usually expected to share a bedroom. Two children of the same sex are usually expected to share a bedroom until they are 16. Once a child is 16 a separate bedroom is allowed.
D Allowed by discretion only when stated in the advertisement. This is most likely to apply in one of the following circumstances: There is low demand for the type of property in the location There is lack of supply of smaller homes in the location A local lettings or s106 policy applies
* Some providers may only allow households with children to bid on houses
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7.5 Appendix 5 - Accessibility Policy
Section 1 What does the Accessibility Policy aim to achieve?
Cumbria’s choice based lettings scheme is designed to give people more choice and control and to encourage as many people as possible to access suitable social housing. Whilst the scheme will allow most people to participate fully giving them an equal chance of finding a home of their choice, some people will need additional help to access the scheme. The duty to provide this help falls on partner organisations as service providers under current Equalities Legislation. It is reasonable to expect that some of those in the highest bands are more likely to need additional help because of the circumstances which have resulted in their higher housing need.
Assistance will be provided with the aim of allowing the customer to make their own choices/decisions. It is important that it does not remove the customer’s responsibility and power to control the process.
The intention is to train all staff dealing with enquiries to make appropriate decisions as to the assistance required and to have the knowledge to direct the customer to the most appropriate places to access support. The aim of all advice and assistance is to give the customer the necessary support to make their own decisions about their housing options.
Section 2 Who may need additional help?
The following are groups who may be more likely to need additional help (This is not an exhaustive list and help will be tailored according to need)
Older people who have difficulties getting out and about or have become isolated Those with a physical disability Those who have difficulties reading and understanding written information Those with a learning disability Those with a mental health problem Those who live a chaotic lifestyle due to such things as: substance misuse, homelessness Those not currently at home e.g. in hospital, in the forces, in prison. Those where English is not their first language Young people and care leavers Those with family difficulties e.g. lone parents, teenage parents, low income families, domestic violence Those living in remote rural areas Gypsies and travellers Those who may feel excluded from services due to for example, sexual orientation
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Section 3 What assistance will the members of the partnership provide?
Awareness of Cumbria Choice The partnership will continue to work to publicise Cumbria Choice – its website and contact details of the individual partners. The ways this will be done are detailed below. By using a wide number of means the partnership seeks to ensure all the groups mentioned above can easily be aware of Cumbria Choice as the way of accessing social housing in Cumbria.
Removing barriers to those who may find obtaining and understanding information about available properties and bidding more difficult
1. The policy is subject to a full Equalities Impact Assessment (EIA) and the EIA will be kept under review.
2. The full allocations policy will be available to anyone on request. Easy to read guides to the system will be sent to all customers wanting to register on the scheme. This would include a summary guide to the Allocation Policy and a guide to using the scheme e.g. how to register an interest in a property. All these guides will be on the website and the web-based virtual guide to using the scheme will be on the website. All scheme guides will be available on request in other formats, such as large print, on CD and in other languages.
3. The advertisements for properties with adaptations will clearly indicate the adaptations which have been made and the people for whom the property would be suitable.
4. All property adverts will make use of picture symbols to identify the facilities in the properties.
5. The partnership believes using the internet to access Cumbria Choice has many advantages and will seek to assist customers to use the internet where possible. However there will also be flexibility to help people who cannot or do not wish to use the internet. Other ways of bidding will be explained clearly to customers. These other methods are:
Through telephoning any partner organisation office Automated bidding (i.e. the computer system is set up to place an automatic on properties of a type and location specified by the customer) Ringing the low cost automated telephone line Through sending a text message In person at any partner organisation office Through agreement of the use of proxy bidding
6. All information that goes out to customers at every stage will advise about the availability of assistance and will give contact names and numbers. Customers will be advised that they are able to contact any partner organisation office to seek help in completing a registration form, 72 Page 139 of 162
to enquire about properties that are being advertised, to place an interest in a property etc.
7. When customers are contacted at the yearly review stage they will again be asked if they require assistance and will be sent contact details.
8. All partner organisation staff will be given training and regular updates about the scheme and the assistance that will be available. They will be informed and supplied with guidance on the questions they need to ask and the options available to customers e.g. Language line, proxy bidding, posting of individual adverts.
Section 4 How we aim to work effectively with other organisations, including the voluntary sector
Cumbria choice will maintain a list of stakeholder agencies and will inform them of changes to Cumbria Choice and offer training. They will be supplied with named contact for each partner organisation operating Cumbria Choice in order to resolve any day to day operational difficulties for their clients. Partner’s organisations will be sent an update on Cumbria choice a minimum of 2 times a year.
Organisations will be asked if they wish to receive the weekly newssheet of advertised properties and where they do request this, it will be emailed weekly.
In the event of a difficulty with Cumbria Choice, issues about a specific customer are best discussed with the named contact at Cumbria Choice, or if necessary by following Cumbria Choice’s official complaints procedure. In the case of a more general concern about the operation of Cumbria Choice, the organisation may contact the Cumbria Choice Coordinator Tel: 0300 303 8540 Chair of the Board Lucy Reynolds, South Lakeland District Council) for potential discussion at a Cumbria Choice Board meeting.
Section 5 How can Cumbria Choice offer customers wider housing options information?
There are two main ways in which Cumbria Choice will support its customers with housing options advice
1) It will ensure that customers have access to support from the trained housing officers of the partners who let properties through Cumbria Choice
A customer who may have potential difficulties or requiring assistance does not automatically have a high priority for housing and may not be successful in bidding for a property due to high demand.
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Cumbria Choice recognised the importance of helping ensure customers receive appropriate advice to enable him / her to resolve his / her housing situation.
Where appropriate housing officers from Cumbria Choice organisations will work in liaison with support workers or family members who provide support to the person. Advice would cover areas such as reviewing their housing situation and requirements in conjunction with more ‘realistic bidding’ choices, the support available, and where appropriate alternative housing options.
2) The Cumbria Choice website will include additional information about alternative housing options and links to further housing advice
The site will include information to help customers understand the relative popularity of different properties and will include and links to information about other housing options and sources of housing advice.
The scheme will also be used to advertise properties with private landlords and it is intended to increase the number of private properties advertised over time.
Section 6 How will we monitor that the Accessibility Policy is working?
Cumbria Choice Board receives monitoring information on a quarterly basis.
This will include data monitoring by equality groups and will help the Board to identify if any groups appear to be disadvantaged under Cumbria Choice.
Reports will be set up showing the percentage of registrations by Band compared to allocations for groups that may suffer disadvantage under Cumbria Choice.
Length of time to make a successful bid by groups that may suffer disadvantage compared with average time to make a successful bid.
Numbers of those registered but not bidding groups that may suffer disadvantage compared with the average for those registered but not bidding.
The Board will also monitor complaints, appeals and issues raised by stakeholders to identify if any groups are having particular problems with using and accessing housing through Cumbria Choice.
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7.6 Appendix 6 - Right to Move Qualifying Criteria
To meet the Allocation of Housing (qualification criteria for the Right to Move - England) Regulations 2015, a local connection may not be applied to existing social tenants seeking to transfer from another local authority district in England who:-
Have reasonable preference under Section 166(3)(e) because of a need to move to the Local Authority’s district to avoid hardship, and Need to move because the tenant works in the district, or Need to move to take up an offer of work
QUALIFYING CRITERIA
1 This applies to existing social housing tenants:-
Who need to move within a Local Authority area or to another local authority area to avoid hardship, and Who need to move because the tenant works in the district, or Who need to move to take up an offer of work.
2 What the Local Authority should take into account:-
2.1 Need to Move:
Tenants must need to move, not simply want to move. Factors to consider in determining `need` are:-
The distance and/or time taken to travel between home and work. Availability and affordability of transport as against earnings. Nature of the work and whether similar opportunities are available nearer home. Other personal factors, for instance medical conditions, child care Length of work contract. Would failure to move mean a lost opportunity to improve employment circumstances or prospects?
2.2 Work:
`Work` only qualifies as `work` if it is not:-
Short term: - Consider whether the work is regular or intermittent (particularly relevant for the self-employed). - Consider the period of employment – a contract of less than 12 months could be considered short-term.
Marginal: - Less than 16 hours per week could be considered marginal - Consider the level of earnings.
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Voluntary: - Unpaid, or expenses only.
Ancillary: - That is, if the person works occasionally in another local authority area, but main place of work is a different area, the work is excluded.
2.3 Verification and Evidence
The tenant must be able demonstrate that he/she has a genuine job offer and that he/she has a genuine intention to take it up.
Appropriate evidence could include:-
A formal offer letter. A contract of employment. Wage/salary slips covering a certain period, or bank statements (zero hour contracts). Tax and benefits information, for example proof of receipt of working tax credit.
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7.7 Appendix 7
MOVE ON FROM SUPPORTED ACCOMMODATION FORM
Guidance for Officers recommending move on
This form should only be completed when the applicant is ready to move on and has spent a minimum of 6 months in supported accommodation.
Incomplete forms will be returned.
Should an offer of property be made the tenancy commencement date will be specified by the landlord.
Some landlords ask for rent in advance.
Most properties are unfurnished and do not include white goods or carpets.
Where an applicant is guilty of serious anti social behaviour and/or rent arrears the Cumbria Choice policy on eligibility will be applied.
Upon receipt of the completed form the administering organisation will carry out an assessment to determine if a higher band should apply.
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Applicant: Surname First Name DOB Former Name(s) NI Number Cumbria Choice Ref
Current Address
Landlord
Tenure type
Commencement Date
Household Members: Surname First Name DOB Relationship to first member Currently living with Applicant (Y?N)
Communication needs (language, disability – please specify)
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Current Tenancy
Areas of work included in support plan
Rent record (rent statement is required)
Tenancy record (include details of incidents of anti- social behaviour) Standard (cleanliness, tidiness)
Notices served if any (include dates and reasons why)
Reasons why you consider this applicant ready for move on
Is tenancy support in place? Please give details of support package and provider Any further comments
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Is the applicant employed or does the applicant undertake any unpaid voluntary work? If yes, please provide details below
Please provide details why the applicant is currently in supported housing
Previous Tenancy
Previous tenancy address
Tenure type
Landlord
Commencement Date Termination Date
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History - applicable to applicant or any household member:
Issue Brief details
Evicted by former landlord or other in previous five years? Notice of Seeking Possession (NOSP) issued in previous two years? Anti-social behaviour issues
Rent arrears history: outstanding arrears, breach of repayment agreement Property damage
Violence towards staff
Undischarged high-risk criminal offences (violent crime, arson, sexual offences) Other, further notes
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Risk assessment summary:
Risk to whom? Low Medium High Additional Information
Risk to others
Risk to self
Other risks
Is Tenancy Support required? Yes No
If ‘yes’ is tenancy support in place? Please give details of support package and provider.
Is the applicant currently on probation or has the applicant or any household member been charged with any offences yet to be dealt with by the Courts? If yes, please provide details below:
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Has the applicant been advised some landlords require rent in advance? Yes No
Has the applicant agreed to the disclosure of information between agencies? Yes No
The information I have given on this form is accurate to the best of my knowledge and belief
Signed: …………………………………………………………….
Print name: (Officer making recommendation) …………………………………………………………….
Phone: …………………………………………………………….
Email: …………………………………………………………….
Date: …………………………………………………………….
Rent statement enclosed Yes No
Letters from Support Agencies enclosed Yes No
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7.8 Appendix 8 - Supported Housing Projects
Allerdale Turning Point Generic Homeless Falcon Street Allerdale Turning Point Generic Homeless Stansfield House Allerdale Sandstones/Croftlands Mental Health Harrington Road Allerdale Croftlands Homeless Fell House Allerdale Stonham (Home Group) Short Term Generic Homeless Mawson Court, Cockermouth Allerdale Stonham (Home Group) Veteran Scheme Centenary Close, Maryport Barrow Impact Single Homeless 18+ Furness Homeless Shelter Barrow Impact Young Homeless People 16-24yrs Project John Barrow Stonham (Home Group) Short Term Generic Homeless Brewery Street Barrow Sanctuary 18+ years generic support needs Horeland Court Barrow Sanctuary 18+ years generic support needs Glebe Cottage Barrow Sanctuary 18+ years generic support needs St Georges House Barrow Fairoak Learning Disabilities Oak Lea House Barrow Fairoak Learning Disabilities Langdale House Barrow Accent Learning Disabilities Lapwing Court Barrow Accent Long term enduring mental health Coniston House Carlisle Impact Young People Close Street Carlisle Turning Point Substance Misuse Orchard Drive Carlisle Croftlands Trust Mental Health 126-150 Botcherby Avenue, Cumbria Gateway (Imagine Carlisle Independence) 18+ years generic support needs Old Picture House, Botchergate Carlisle Impact Young Homeless People 16-24yrs Warwick Square Copeland Whitehaven Community Trust Young People Lowther Street Copeland Whitehaven Community Trust Young People Bakewell House Copeland Stonham (Home Group) Short Term Generic Homeless Sandstones, Whitehaven Copeland Carr Gomm Various Support Needs Victoria Terrace Copeland Croftlands Trust Complex Needs Roper Street Copeland Creative Support Complex Needs Duddon Mews Copeland Time to Change 24+ years homeless Calderwood House Eden Turning Point Substance misusers Castlegate Eden Impact Young People Eden Rural Foyer 84 Page 151 of 162
Eden Stonham (Home Group) Mental health Players Court Eden Croftlands Trust Mental Health 5-11 Westbrook Fields South Lakeland Stonham (Home Group) Short Term Generic Homeless River View South Lakeland Stonham (Home Group) Mental health Crag View South Lakeland Stonham (Home Group) Mental health Chapel View South Lakeland South Lakes Housing Extra Care Housing Birthwaite, Windermere South Lakeland Santuary Social Exclusion Monkswell South Lakeland Impact Young People Old Fire Station / Miller Court South Lakeland Impact Young People Hart Street South Lakeland Impact Young People Kendal Foyer South Lakeland Turning Point Former Substance misusers Lower Brook Street South Lakeland Springfield Single homeless Springfield Hostel
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7.9 Appendix 9
Applicants Subject to Bankruptcy or Debt Relief Orders (DRO)
Applicants who are subject to either a bankruptcy order or debt relief order which includes housing related debt of over £1000 will be deemed ineligible until this debt is written off at the end of their ‘moratorium period’.
Applicants who are subject to either a bankruptcy order or debt relief order over £500 but less than £1000 will be placed in Band E until their debt is discharged at the end of the moratorium period. Once the debt is discharged and proof of this has been provided by the customer they can be re-banded accordingly.
The ‘moratorium period’ means that ‘creditors cannot take any action to recover or enforce their debts against you during this period. The moratorium usually lasts for 12 months from the date of the order, although there may be exceptions, and after that time the listed debts will be discharged’ (Government Guidance on DRO’s).
Once a DRO has been granted the insolvency practitioner will notify all the creditors included and advise that further payments against the debt cannot be made. For those who have applied for bankruptcy debts are discharged once they have been dealt with by the appointed insolvency practitioner.
In addition, transfer applicants (those already a current tenant with a partnership organisation) who are subject to either a bankruptcy order or debt relief order which includes housing related debt of over £1000 will be deemed ineligible for a transfer until the debt is written off at the end of their moratorium period.
Until the debt is discharged the order can be effectively cancelled or annulled in the case of bankruptcy and DRO’s and the debts written back on. In summary, the debts are treated as ‘live’ until they are written off or discharged at the end of the moratorium period.
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7.10 Appendix 10
How Local Letting Policies will be applied to the Cumbria Choice Scheme
Local Letting Initiatives will be developed to meet the particular needs of a local area across the 6 partner districts addressing sustainability and community issues in defined areas to ensure that the housing allocation scheme is able to contribute to building sustainable communities.
They will be tailored to fit local situations in well-defined communities (such as a particular block of flats, an individual street, or new housing development, or may be applied to a parish or a village in a rural area). Each local letting initiative will be based on a detailed analysis of relevant information gathered from a variety of sources and may include for example evidence from internal departments, partner Registered Providers (Housing Associations), local Councillors, and the community itself. (Evidence may include information such as tenant profiling, the incidence of anti-social behaviour, and stock turnover in a particular block, street or area, or the need to provide housing for local people in rural villages and parishes).
The following are examples of local letting policies that may be deployed under the Common Allocation Policy. The list is for illustrative purposes and is not exhaustive.
Age restrictions. Policies that are geared towards encouraging applicants who work or volunteer to live in an area where for example there may be an area, or street with high numbers of working age households not in work. Prioritising applicants who are key workers as defined by the Council. Restrictions on lettings to vulnerable households where there are already a concentration of supported tenants/residents in a street or block. Lettings to childless households where there are high concentrations of children and young people living on a specific estate, street or block. Disregarding household type or property matching rules to allow for example under-occupation to reduce child density or to account for future family growth. Ensuring that there is a balance of working and non-working households allocated to a new build scheme.
How will a local letting policy be assessed and agreed?
The Partner Council and the Housing Association Partners to the common allocation policy for that district may agree the villages, parishes, estates, blocks or streets where a local letting policy may be appropriate and why.
There must be a clear evidence base for adopting a local letting policy. Where a local letting policy is proposed to be applied to a particular registered provider estate or area or block the local lettings policy will be agreed by the partner local authority and that registered provider.
Agreement as to whether a local letting policy is appropriate will be based on the following test:
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1. That there is a clear definition of the objective to be achieved by that particular local letting policy 2. That there is a clear evidence base to back up the need for a local letting policy. 3. That any potential equality impact has been considered. 4. How long the local lettings policy is intended to operate 5. When the policy should be reviewed
A written record of each policy adopted or rejected should be kept. It is the intention that local letting policies will be fluid with new policies being added as are required and existing policies being deleted once the objective for that policy has been met.
All current local letting policies will be listed by district on the website so the public can see which polices are in operation at any point in time.
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7.11 Appendix 11
Medical Needs Assessment Procedure and Criteria
Should an applicant indicate that their current housing conditions are causing serious ill health or exacerbate an existing condition this will trigger a medical needs assessment.
The assessment will be carried out by the officer with responsibility for undertaking medical need assessments within the partner organisation managing the application.
In all cases a fully completed medical questionnaire is required and in some cases where further clarification is required the assessment officer may request more information from the applicant.
The 4 stage assessment of medical priority process would be:
1 Is the medical condition serious enough for a priority award to be considered?
2 If the medical condition is serious enough for a priority award to be considered, the next stage is for the assessment officer to decide if there is a direct link between the identified medical problem and the applicant’s current housing accommodation/situation i.e. Is the applicant’s current housing accommodation/circumstances making the medical condition substantially worse or will it make it worst?
3 If the assessment officer agrees this to be the case, they will next need to be satisfied that there a realistic expectation that the identified medical condition would improve if alternative, more suitable accommodation was made available.
4 If the answer is yes, the final question will be whether to award Band A or Band C based on the severity of their medical condition and housing need.
Additional Preference - Band A
A customer who has an urgent need to move for medical/disability reasons which are being exacerbated by their current housing situation will be awarded Band A. This would include people whose safety is at risk due to their current housing or who are completely housebound because of the type of accommodation they live in.
See section 4 of the Allocation Policy for the full definition used to award medical priority and examples of cases that would qualify for Band A priority.
Reasonable Preference Band C
A customer whose housing is unsuitable for medical/disability reasons and is directly contributing to their ill health but they are not housebound or their safety is not at risk due to their current housing will be awarded Band C.
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See section 4 of the Allocation Policy for the full definition used to award medical priority and examples of cases that would qualify for Band C priority.
In some cases, for the purpose of clarification, the assessment officer or senior officer will refer the case for an independent medical assessment by the medical consultant commissioned by the Partnership.
Medical priority will only apply for properties that are deemed suitable, to meet their medical need or are reasonably capable of being adapted at a reasonable cost.
Although this is a common allocation policy individual partners will apply their own rules as to whether to accept a bid from an applicant where adaptations to the property are required.
Following a medical needs assessment the customer will be notified of the outcome, the reason for the decision and their right to a review.
The assessment officer must record on the system how the decision was reached by applying the medical assessment criteria.
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7.12 Appendix 12
Person(s) Who Will Take Specific Decisions
Para 1.1, page 7 & Para 7.5 (Appendix 5), page 70 CC Project Board Ensure compliance with equality legislation and undertake and keep under review an Equality Impact Assessment.
Para 1.3, page 9 CC Project Board Set and monitor achievement of targets agreed for increasing mobility, including targets under the Right to Move.
CC Co-ordinator Para 1.8, page 11 & Project Board Monitoring the operation of the policy.
Para 2.1, page 13 Assessment Officer Ineligible because of immigration rules.
Para 2.1, page 14 Assessment Officer Ineligible because the applicant has the capacity to buy a home.
Senior Officer Whether to offer a tenancy to a 16/17 year old.
Para 2.1, page 15 & Para 7.3 (Appendix 3), page 62 Senior Officer Ineligible because of serious unacceptable behaviour.
Para 2.1, page 16 Assessment Officer Deciding whether a child is or could be part of the household.
Para 2.2, page 16 Assessment Officer Deciding on the cancellation of an incomplete application.
Para 2.3, page 16 Assessment Officer Deciding whether references confirm eligibility to register.
Para 2.4, page 17 Senior Officer Ineligible because of criminal convictions
Para 2.8, page 18 Assessment Officer Cancelling an application following failure to respond to an annual review.
Para 2.9, page 19 Senior Officer Knowingly or recklessly giving a false statement or withholding information.
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Para 2.10, page 19 Senior Officer Deliberate worsening of the applicant`s own circumstances in order to increase their priority.
Para 3.1, pages 21-28 Local Authority (LA) Band A - homeless households owed a full duty.
Assessment Officer Band A – exceptional need to move because of medical condition or disability.
Senior Officer Band A - exceptional need to move. If domestic violence is the reason and applicant is not an existing tenant of any of the CC partners.
Assessment Officer Band A - excessive overcrowding. via LA
Assessment Officer Band A – property condition. via LA
Assessment Officer Band B – cumulative preference
Assessment Officer Band B – welfare grounds
Local Authority Band B – homeless prevention status
Assessment Officer Band B – under-occupation.
Local Authority Band C – non-priority homeless
Local Authority Band C – homeless prevention option being chosen
Assessment Officer Band C – medical.
Senior Officer Band C – hardship.
Assessment Officer Band C – overcrowded.
Assessment Officer Band C – property condition. via LA
Assessment Officer Band C – under-occupation.
Assessment Officer Band C – Armed Forces.
Assessment Officer Band D – no reasonable preference status.
Assessment Officer Band E – reduced priority for an allocation due to behaviour, arrears, condition of property, no local connection, etc.
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Para 3.3, page 29 Senior Officer Management discretion for a direct offer of housing.
Para 3.4, page 30 Local Authority Making proxy bids on behalf of a homeless household.
Para 3.6, page 31 Senior Officer Deciding whether to and where to rehouse an applicant who has been deemed a serious offender and who is subject to Public Protection protocols.
Para 3.8, page 32 Assessment Officer Deciding on the relative eligibility of Armed Forces applicants or their relatives for the respective bands, A or C.
Para 4.4, pages 39 – 41 Assessment Officer Applicants requiring a risk assessment before being rehoused, e.g. Band B`s moving on from supported housing.
Para 5.1, page 48 Assessment Officer Deciding any restrictions on bidding and any particular criteria that apply.
Local Authority Para 5.4, page 49 With RP partners Agreeing a quota system, if deemed appropriate.
Para 5.7, page 50 Assessment Officer Selecting the prospective offeree from a shortlist.
Para 5.8, page 50 Assessment Officer Decisions on local connection.
Para 5.10, page 52 Assessment Officer Further verification of applicant eligibility and priority before being made the offer of a tenancy.
Assessment Officer May include an offer not being made because the applicant is ineligible due to, for example, unacceptable behaviour or a housing debt, or because the application has been incorrectly assessed, or because the applicant`s circumstances have changed or because there is a good housing management reason not to make the offer.
Para 5.11, page 53 Assessment Officer Refusing 2 offers of accommodation or failing to reply to an offer.
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Local Authority Homeless households refusing suitable offers of accommodation.
Paras 6.1 - 6.13, pages 54 - 55 Review of decisions: Assessment Officer Initial, informal, review of decision
Senior Officer Further, formal, review of decision
CC Review Panel Further review of the original decision at the first formal review
Para 7.5 (Appendix 5), page 70 CC Project Board Deciding on and keeping under review the Equality Impact Assessment (EIA)
94 Cumbria Choice Based Lettings Allocations Policy Page 161 of 162 Summary of Changes to Bands
Band A Additional criteria added Urgent housing need A bereaved spouse or civil partner of those serving in the regular forces and are no longer entitled to reside in Ministry of Defence accommodation.
Changes to the excessive overcrowding assessment. Band B High housing Changes to the move on from supported housing assessment. need Band C Additional criteria added Medium housing need Armed forces that are currently in service or have been in service within the last 5 years for a minimum of a 3 year period will be placed in Band C (reasonable preference), subject to housing need assessment qualification.
Definition of employment criteria expanded. Band D No change Low housing need Band E Changes to reduced preference due to current or former housing related debts Reduced priority assessment.
Local Connection Additional criteria added
Currently serving in the regular armed forces or has served in the armed forces in the five years preceding application. Currently in the armed forces or are an existing or former member of reserve forces and suffering from a serious injury, illness or disability. Bereaved spouse or civil partner of those serving in the regular forces and are no longer entitled to reside in Ministry of Defence accommodation. Need to live in the locality either because they are ill and/or need support from a relative who lives in the locality, or because they need to give support to a relative who is ill and/or needs support who lives in the locality. Proof of illness and/or need of support will be required from a medical doctor or relevant statutory support agency. On advice from an appropriate professional it is clear that they need to live in the locality due to reported domestic violence, harassment and/or hate crime at a previous locality and moving to the locality will reduce risk of harm and enable support, employment and/or education needs to be met.
Criteria removed
There are special circumstances which are considered to give rise to a local connection with the Local Authority area or specified town/village. For example this would include ex-servicemen and serving members of the armed forces posted to the Local Authority area.
Definition of employment criteria expanded.
Other changes
In addition to the above there are some changes to clarify the Policy and take into account current legislation and regulations.
The full text of the Allocation Policy detailing the proposed amendments is available from the website or can be obtained by contacting one of the partners. Page 162 of 162
KENDAL TOWN COUNCIL Applications for Planning Committee: 6th June 2016 Appendix 1
App No./ Address/ Comments Observations/ No. Type Proposed Development To SLDC Recommendations 1 FPA 19 Howe Bank Close, Kendal 10.06.2016 0451 Single storey rear extension 2 FPA B&Q DIY Superstore, Burton Road, 13.06.2016 0458 Kendal New security fence and gates to rear service yard 3 FPA Kendal Sea Cadet Corps, Queen 13.06.2016 0441 Katherine Street, Kendal First floor extension to provide additional training rooms 4 FPA 21 Castle Grove, Kendal 13.06.2016 0448 Single storey rear extension 5 FPA 63 Empsom Road, Kendal 13.06.2016 0447 Replacement rear sun porch 6 FPA 47 Empsom Road, Kendal 14.06.2016 0457 Single storey rear extension 7 FPA 7 Redwood Drive, Kendal 15.06.2016 0461 Two single storey side extensions 8 FPA 3 Airethwaite, Kendal 15.06.2016 0470 Replacement single storey rear extension 9 FPA 12 Haliburton Road, Kendal 15.06.2016 0472 First floor and porch extension 10 FPA Stoneworld, Mintsfeet Road North, 16.06.2016 0481 Kendal Erection of new boundary security fence 11 FPA Land off Kent Lea, Kentrigg, Kendal 17.06.2016 0490 Variation of condition 5 (Position dwelling outside Flodd Zone 2 and minimum floor and access route levels) attached to planning permission SL/2012/0346 12 FPA Land at Kent Lea, Kendal 17.06.2016 0491 Erection of two dwellings 13 FPA 58 Gillinggate, Kendal 17.06.2016 0492 Internal alterations, installation of French doors, replacement windows to the rear and demolition of garage