Minutes:
Nick Harding presented to the Forum with an explanation of recent legislative changes including class use and new prior notification allowances.
He explained the new methodology to the Forum and stated that it will go back in time and look at what the affordability is for people buying homes and then it will look at it now and if the homes are less affordable now than they were at the base date, it means there is a shortage of housing and by having more housing it will drive prices down and that is why Fenland has seen a jump from 550 dwellings to 844 dwellings which is a very large increase, compared to other areas of Cambridgeshire.
Nick Harding explained that affordable housing in the future may only come through developer contributions and not through the method used currently.
In addition, the First Homes incentive scheme will satisfy demand for those people unable to buy a home in the area they live or work and it will be prioritised for first time buyers, serving and veteran members of the armed forces and key workers. The discount will be applied to when the house is first purchased and for subsequent purchasers thereafter in perpetuity.
Nick Harding explained the other key change regarding affordable homes and the threshold in which councils could start to ask for affordable housing. Currently the threshold is 10 or more, but the government are looking to change the trigger so councils cannot ask for dwellings on sites of 40 or 50 or under and this will impact the council with regard to affordable housing delivery, however it may accelerate delivery of market homes.
The Government are looking to extend the Planning Permission in Principle system, which covers sites of 9 dwellings or under but also major developments as well.
Fenland have only had one application of this type to date.
John Maxey stated that regarding permission in principle, from his experience it is difficult to get a site sale completed, until the full reserved matters stage is in place due to the funding requirements needed.
David Thomas asked how the system for affordable housing for first time buyers and veterans will be policed for the perpetuity system. John Maxey stated that it is his understanding that it will be attached via a Section 106 to the property or something similar and there will be a class of buyer that can buy it and the discount will be imposed in perpetuity. Nick Harding stated that in his opinion it should be a planning authority that polices it rather than a local authority, as staff are not qualified to be able to carry out valuations. There would also be the need to enforce fraudulent applications and he added that there is going to be an element of trust required for going forward
John Maxey added that the Help to Buy scheme also has the same system in place, where somebody who has a Help to Buy home and wishes to sell it on.
He added that if a number of homes are built with a specific aim to force the price down it will affect all developers in terms of viability, especially when trying to make any form of profit and it will prove challenging for everybody.
Nick Harding gave a presentation to the forum concerning the issues surrounding validation.
1. Covid related changes
2. Permitted Development Changes
3. Use Class Changes
Extension of Planning Permissions (and Listed Building Consents):
Those that lapse between 19 August 2020 (when the provisions came into force) and 31 December 2020 are extended to 1 May 2021. This happens automatically. Unimplemented planning permissions with time limits for implementation which passed between 23 March 2020 and 19 August 2020 are also restored and the time limit extended to 1 May 2021
Hours of construction
• Fast track deemed consent route for developers to apply to local planning authorities to vary existing conditions, or the details submitted under a condition, that limit construction site working hours.
• Local authorities have 14 calendar days to consider such applications and if an application is approved, this will temporarily amend planning restrictions on construction working hours until 1 April 2021
CIL - discretion to defer CIL payments, to disapply late payment interest and surcharge payments; and to credit interest already charged to developers
Outdoor Seating - Once a pavement licence is granted the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid.
Temporary uses and buildings
Permitted Development (PD) - Upward extensions
• Allows for the construction of new dwelling houses on detached purpose-built blocks of flats by allowing an upward extension. The right is subject to obtaining prior approval from the local planning authority
• Up to two additional storeys on free standing blocks and on buildings in a terrace that are houses or in certain commercial uses, and in mixed uses with an element of housing, to create additional self-contained homes. Existing homes, whether detached, semi-detached or in a terrace, will also be able to extend upwards to create new homes or additional living space (total height can’t exceed 18 m, can’t be more than 3.5 m taller than the next tallest property if terraced). The right applies to houses built since 1 July 1948 and 28 October 2018. The right is subject to obtaining prior approval from the local planning authority.
Permitted Development -Demolition of buildings & their replacement
• Vacant and reductant free-standing buildings that fell within the Classes B1(a) offices, B1 (b) research and development, B1 (c) industrial processes (light industrial), and free-standing purpose-built residential blocks of flats (Class C3) can be demolished and replaced with residential development
• Applies to those buildings built before 1 January 1990.
• The new residential building can be up to 7 metres higher to accommodate up to two additional storeys to provide additional homes, with a final overall maximum height of 18 metres.
• The right is subject to obtaining prior approval from the local planning authority
Use class changes
• Creation of a new Class E "Commercial, Business and Service" Use Class. This would subsume the existing Class A1 (Shops), Class A2 (Financial and Professional Services), Class A3 (Restaurants and Cafes), and Class B1 (Business) Use Classes.
• Creation of a new Class F1 and F2 "Learning and Non-residential Institutions" and includes any non-residential use for the "provision of education, Class F2 "Local Community" uses which includes "a shop mostly selling essential goods, including food, to visiting members of the public They also include: "a hall or meeting place for the principal use of the local community.
David Thomas asked about use classes and whether a pub could be changed from a restaurant to retail and then from retail to a dwelling. Nick Harding confirmed that they are still protected as they Government recognises that they are an important part of the Community and there would still be an application process to go through.
John Maxey much of what Nick Harding has said appears to remove many layers of red tape and allowing development to take place easier and quicker. Nick Harding stated that there has been change and there now needs to be a more flexible attitude going forward when looking at development and compromises will need to be made.