Thames Valley planning news SEPTEMBER 2017 © Tejvan Pettinger Headline news and South Bucks have raised concerns. The councils must continue to discuss the QUOTE OF THE Local plan progress in the matter of Slough’s unmet housing in order MONTH Thames Valley to meet the duty to cooperate. Furthermore, Slough is seeking to agree an MOU with the Local Plan preparation in the Thames Valley Royal Borough of Windsor and Maidenhead has continued over the summer, with (RBWM) to address Slough’s concerns the Buckinghamshire district councils of regarding the submission version of the Avoiding apparent and Aylesbury Vale, Wycombe, Chiltern and RBWM local plan (see below) (Slough Council unexplained inconsistencies in the Secretary of State’s South Bucks (alongside the Buckinghamshire discussed this matter at a meeting in August). own decisions on matters that Thames Valley Local Enterprise Partnership) While, the Buckinghamshire MOU may have ramifications for entering into a revised Memorandum of marks considerable progress for the decision-making in other cases Understanding (MOU) in July. The agreement Buckinghamshire authorities, the councils also is an important consideration provides greater certainty regarding housing anticipate the publication of an updated Bucks in determining what may [be] required of him if he is not to act distribution figures and unmet need to Housing and Economic Development Needs unreasonably. be apportioned throughout the housing Assessment (HEDNA) in early September. John Howell QC, sitting as deputy market area (HMA).The housing need figures judge in Cumberlege and Anor within the Buckinghamshire HMA remain Extension of Windsor and v Secretary of Statement for unchanged, and the councils have agreed Maidenhead Local Plan Communities and Local Government and Anor (August 2017) objectively assessed housing need figures for consultation their respective plan periods. In addition, the following has been Following concerns raised by a local THE LICHFIELDS agreed that over the respective plan periods residents’ group, RBWM has announced to 2033: Aylesbury Vale will accommodate that the closing date for consultation on PERSPECTIVE 27,400 homes (for the period 2013-33); the submission version of its Local Plan Chiltern and South Bucks 7,175 homes (‘Regulation 19 consultation) has been The Buckinghamshire councils’ (2014-2033); and Wycombe 10,925 homes extended to 27 September 2017. agreement regarding the (2014-33). Accordingly, the councils have RBWM previously announced the distribution of the Bucks HMA’s housing requirement is a positive now agreed that the Vale of Aylesbury Local commencement of the Regulation 19 step forward for local plan Plan will accommodate 5,725 of the Chiltern consultation on 30 June 2017, with a preparation and housing delivery and South Bucks housing requirement and a closing date of 25 August. However, having in the Thames Valley. However, further 2,275 homes from Wycombe’s housing obtained legal advice, a local residents’ group unresolved matters regarding requirement over this period. contended that the Borough’s approach to the Slough Council’s development ambitions for land in South It is important to note, however, that the Regulation 19 consultation was unlawful, Bucks indicate that this is by no housing distribution figures agreed within unduly restrictive and failed to comply with means the end of the story. the MOU do not take into other legal requirements. Daniel Lampard, Senior Director and account Slough BC’s option Head of Thames Valley Office of a proposed northern expansion of Slough into National news the South Bucks Green CONTACT US Belt, to accommodate Inconsistent and unlawful some of Slough’s housing Secretary of State decision Daniel Lampard requirement, to which [email protected] quashed T: 0118 334 1920 Chiltern District Council An outline planning permission granted by Margaret Baddeley [email protected] the Secretary of State (SoS) for development T: 020 7837 4477 Disclaimer Jennie Baker This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain [email protected] professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the T: 020 7837 4477 trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116. Registered office: 14 Regent’s Wharf, All Saints Street, London N1 9RL © Nathaniel Lichfield & Partners Ltd 2017. All rights reserved. lichfields.uk @LichfieldsUK THAMES VALLEY PLANNING NEWS SEPTEMBER 2017 of up to 50 dwellings and associated Latest data on housing Housing White Paper, ‘Fixing our Broken development on land at Mitchelswood starts and completions Housing Market’ are being taken forward: Farm, Newick, has been quashed by the ‘Building more homes is an absolute High Court, following a successful s288 The latest DCLG housebuilding data priority for this government. Today’s challenge by Baroness Cumberlege of shows that in Q2 2017, housing figures are proof that we are getting Newick and her husband. completions in England were at the Britain building again, with new housing Ground 1 of the challenge related to highest level since 2008; 164,960 new starts reaching record levels since 2009. inconsistency in the SoS’ decision-taking: homes were started in the year to June It’s vital we maintain this he had considered that policy CT1 in the 2017, up 13% on the previous year – see momentum to deliver more quality Lewes District Local Plan - which defines the chart below. homes in the places that people want to development boundaries - was up-to-date Housing and Planning Minister Alok live. Our housing white paper set out an in the September 2016 ‘Ringmer decision’, Sharma highlighted these latest figures ambitious package of long-term reforms but out-of-date in the November 2016 on 24 August, while at the same time to do just that.’ Mitchelswood Farm ‘Newick decision’. confirming that the proposals in the John Howell QC, sitting as deputy High Court judge, ruled that when Figure 1 : Housing starts and completions. Q2 completions at highest elvel since 2008, but still below determining if a decision may be invalid pre-recession levels ) (because there has been no consideration e 50,000 g a r of a matter capable of being material e v a g when the planning application was n i v 40,000 o determined), the test to be applied is m r e t whether no reasonable decision-maker in r a u the circumstances would have failed to q 30,000 4- ( s take that matter into account. g n i l l According to the judgment, e w d 20,000 f o given that one of the functions of the r e b Communities Secretary in terms of the m u N 10,000 public interest is to secure some degree 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 of coherence and consistency in the Negative quarterly UK GDP growth Starts Completions control of development, no reasonable Communities and Local Government Source: DCLG, Lichfields analysis SoS would fail to take reasonable steps to Note: The figures are based on building control inspection data, submitted to the department by local authorities, ensure that their own decisions, on the the National House Building Council, and independent inspectors and are subject to revision. same class of case, were not apparently The latest data from DCLG shows that However, looking at the 4-quarter moving inconsistent - at least in the same district housebuilding in England has performed average (above), starts and completions are (including decisions made after the close strongly in the second quarter of 2017, still below pre-recession levels. of an inquiry). continuing the momentum started in the Development will need to increase With regard to Ground 2 (relating second half of 2016. substantially if the Government’s manifesto to an alleged an error of fact), both the Overall, 40,310 dwellings were completed pledge of delivering 1,500,000 dwellings by Inspector and the SoS had erroneously between April and June 2017, up from the end of 2022. considered the appeal site to fall outside 39,450 between January and March. the 7km zone of influence of a Special Protection Area and a Special Area of Conservation. The Deputy Judge concluded that whilst it would be Judge overturns Secretary Lane, Winsford, Cheshire. The appeal possible to site the new development of State dismissal of appeal was dismissed against the Inspector’s outside of the zone of influence, a for 180 homes in Winsford, recommendation for it to be allowed and condition was not attached to the Cheshire planning permission granted (following planning permission to control to this a local inquiry in June 2014, and a effect. As such, the planning permission By way of background to this High reopened inquiry in September 2015). was in breach of the requirements of Court case (Richard James Verdin (t/a The Secretary of State’s decision was Regulation 68(3) of the Conservation the Darnhall Estate) and the Secretary challenged on multiple grounds by the of Habitats and Species Regulations of State (SoS) for CLG and Cheshire appellant, a local landowner; the focus 2010, and for this reason alone had to be West and Chester Borough Council and was on the proposed conditions to be quashed. Winsford Town Council) and in July attached to the planning permission 2016, the then Communities Secretary that had been almost entirely agreed Greg Clark dismissed an appeal for 180 in advance with the local planning new homes on land off Darnhall School authority. lichfields.uk 2 THAMES VALLEY PLANNING NEWS SEPTEMBER 2017 In the transcript of the case dated DCLG acknowledges that there was The Local Government Association’s 10 August, High Court judge Robin however ‘no consensus on the definition ‘One Public Estate’ is making a further Purchas QC ruled that the Communities of build to rent and affordable private £9m available ‘to support more councils Secretary had failed to give ‘any rational rent’.