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APPEAL SUCCESS FOR PRIVATE SECTOR AFFORDABLE HOUSING PROVIDER

Tetlow King Planning have been successful in obtaining planning permission at appeal for a rural exception scheme of 22 dwellings at Mount Hawke in Carrick District, Cornwall.

The appeal was submitted by THF Ltd who have developed a new, innovative model for the provision of intermediate affordable housing without any public grant subsidy.  The scheme comprises of 17 shared ownership properties with prices for 2 bedroomed properties being a maximum of £111,000 or £123,000, for 3 bedroomed properties £140,000 and the 4 bedroomed house £160,000.  Five of the units are also for social rented purposes.  The sale prices reflect the developer costs of building the units with the only profit element being levied through an additional annual rental charge to each owner of £1,040.  The sale prices being a substantial discount on open market values.  The submitted Planning Obligation ensures that the initial sales price discount would be retained on subsequent sales and that occupation would be limited to eligible local households whose needs are not met by the market.

The Council had contested the proposed development principally on the ground that the units would not be affordable contrary to the sale price thresholds for intermediate affordable housing contained in the DPD Balancing Housing Markets that had recently been found to be sound following a Public Examination.

The Inspector accepted there was a growing need for affordable housing including intermediate housing at the District and more local levels.  However, he noted that the appeal proposal would conflict with the price threshold requirements of the DPD albeit not Policy BHM5 on rural exception schemes which does not include price thresholds for affordability.  He then went to note that the updated price thresholds tabled by the Council during the Inquiry were not accurate and if they were based on Carrick mean wages the thresholds would be significantly higher.  Noting the Council had applied a degree of flexibility with the figures he considered a degree of flexibility in the application of the new thresholds is required to allow individual schemes to be considered on their merits.

He went on to assess the benefits which would accrue from permitting the scheme.  This included that this proposal is the type of scheme encouraged in ‘Delivering Affordable Housing’ that complements PPS3.  The capped prices of the proposed development would be substantially lower, and more affordable, than local open market prices.  It could make an early contribution to the supply of housing than can be provided by the open market for which there is a clear need.

He was satisfied that even from the Council’s home seekers register, 13 households indicate earnings that would be likely to be adequate to fund a mortgage sufficient to buy one of the dwellings nor would a significant proportion of them have any difficulty with also paying the additional annual rental payment.  In addition, THF had also submitted evidence on prospective purchasers who could afford to buy the properties.  The Inspector referred to the benefits of savings and wider family support mechanisms that were referred to at the Inquiry by a local resident which can assist entry into the intermediate housing market.  Overall he was satisfied the cost of the dwellings would be low enough for them to be affordable by a significant number of households in Mount Hawke and the nearby surrounding area.  The scheme would also meet a need recognised in the West Cornwall Housing Market Area Study.

The Inspector was entirely satisfied with the details in the submitted Unilateral Undertaking which would ensure the dwellings remained affordable in the future.  He was also satisfied with the cascade arrangements which allow for take up of the dwellings by eligible households from nearby parishes in appropriate circumstances which include one parish outside Carrick District. 

He therefore concluded:

“On balance, I consider the overall benefits of the proposal in providing intermediate affordable housing and its accord with the aims of PPS3 in this respect, albeit not for households with the lowest incomes in the area, outweighs its conflict with the price thresholds identified by the Council pursuant to the Balancing Housing Markets DPD …   I conclude ….. that the proposed dwellings would be affordable for a sufficient number of households in the local context now and in the future to ensure the scheme would accord with national and local policies for the use of rural exception sites and justify granting permission.  I also conclude that occupation of the dwellings would be appropriately limited to those eligible local households where housing needs are not met by the open market.  The scheme would, therefore, accord with PPS3 and DPD Policy BHM5 in these respects and would serve the wider aims of Regional Planning Guidance for the South West and the Cornwall Structure Plan 2004 to promote the supply of affordable housing”.

Mark Auchincloss who gave expert evidence to the Inquiry on behalf of THF on housing needs and planning policy issues commented:

“This is a very important decision not only in a Cornish context but has considerably wider ramifications.  The Inspector endorsed a new, innovative approach to the provision of intermediate affordable housing provided by a private company without any public funding.  As the Inspector emphasised, such an initiative actually helps to release grant aid for additional housing to be spent elsewhere.  It therefore will help to supplement provision from traditional sources such as RSL led schemes and help to provide high quality affordable housing to local people”.


Please direct any queries to Mark Auchincloss on 0117 9561916 in the first instance.

05/09/08

If you would like further details of this or any other cases please telephone us on 0117 956 1916 or e-mail all@tetlow-king.co.uk.

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Selected Work Areas

Site Appraisals
Tetlow King Planning frequently advises on individual sites prior to acquisition or the submission of a planning application.We are familiar with the fundamental requirements of developers and RSLs, of the 'site and market conditions' which affect all housing developments, and of the other 'planning benefits' which local authorities may seek to negotiate.

Planning Applications and Appeals
We advise a variety of clients on planning applications. In the field of affordable housing we often advise on the appropriate strategy for presenting potentially difficult applications.This may involve the preparation of a supporting statement, advising on the form or content of the planning application or as a last resort the conduct of an appeal. We have an excellent record in winning appeals - whether it be by public inquiry, informal hearing or written representations.

Section 106 Negotiations
We can represent the interests of landowners, developers, RSLs or local authorities in the negotiation process but are obviously careful to avoid conflicts of interest.We can assist solicitors in drafting suitable heads of terms and clauses. Sometimes conditions will suffice.

Land Studies and Site Searches
We frequently undertake searches for land with immediate or longer term housing development potential for both private housing developers and RSLs within agreed parameters. Such exercises have invariably assisted clients in the preparation of longer term development strategies and in the delivery of their development programmes.

Expert Witness
We frequently appear at public inquiries on behalf of local authorities, developers or RSLs relative to planning and affordable housing issues. Our staff includes several expert witnesses.

Development Plans
We have extensive experience of the interrelationship between affordable housing and development plans at regional, sub-regional and local levels. Increasingly local authorities are asking us to carry out audits of their policies.We have advised the National Housing Federation, local authorities, RSLs and developers on the relevant policies in more than 300 development plans. Many of the objections raised have been resolved by negotiation, but we have nevertheless appeared at over 100 inquiries in this capacity.We have also successfully promoted objections on behalf of developers and RSLs relative to particular sites.

SPG/SPD
We are frequently asked by local authorities to assist in the preparation of Supplementary Planning Guidance/Supplementary Planning Documents on affordable housing, which are seen as fundamental to the delivery of affordable housing via the planning system.

Partnerships/Regeneration
We frequently assist in bringing together partnerships involving house builders, RSLs, local authorities et cetera for both new build and regeneration projects.We have experience of both urban and rural regeneration projects.

Housing Assessments/Analysis
Proper housing market and needs information is fundamental to the implementation of PPG3/PPS3. We have been involved in regional, sub-regional and district wide housing surveys and the development of sophisticated housing assessment models. Our reports have included advice on the policy framework and its implementation via both the development plan and housing strategy. We assist in the commissioning of such work. We also carry out rural housing needs surveys, analysis of special housing needs and overview reports for developers.

Research/Innovation & Good Practice
We have a broad overview of the implementation of PPS3. Working as we do in over 300 local authority areas, we are well placed to gather intelligence and to monitor examples of innovation and good practice. We have carried out more than 20 Innovation and Good Practice projects for the Housing Corporation throughout England.

Education and Training
We have organised a number of very successful national conferences on Planning and Affordable Housing attended by a diversity of interests. Our Directors are frequently asked to speak at similar events.We have devised training packages tailored to the particular requirements of various interest groups, including local authorities, developers and RSLs.

Housing Strategies
We have prepared housing strategy statements on behalf of local authorities and commented upon drafts. Furthermore we have evaluated numerous housing strategies on behalf of national and regional bodies and produced good practice advice, much of it of wider application. On behalf of developers and housing associations we have devised affordable housing strategies to enable the implementation of large scale projects.