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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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Scope of work

National Planning Policy
We are involved in national planning policy debates, inter alia on account of our work for the Joseph Rowntree Foundation, Shelter, the Chartered Institute of Housing and RTPI et cetera. This has included written and verbal evidence to the House of Commons Environment Select Committee.

Regional Planning Policy
Increasingly we are monitoring and commenting on emerging Regional and Sub-Regional Spatial Strategies on behalf of clients, since RPG/RSS is now part of the development plan for Section 38(6) purposes.

Local Plans/UDPs/LDF's
We have submitted representations on a wide range of Local Plans, Unitary Development Plans and emerging Local Development Frameworks. In addition we specialise in getting sites identified for development at an early stage in the plan formulation process. We have appeared at numerous Plan Inquiries and made a significant impact on the content of adopted Plans.

Area Land Studies
We undertake searches for land with long term development potential within existing or assumed planning policy parameters. The studies can concentrate on particular growth areas, for example along transportation corridors.

Site Searches
We undertake specific site searches to satisfy defined requirements. This can cover any potential land use within any given geographical area.

Development Appraisals
Development appraisals at the outset can avoid wasted time, effort and money at a later date. They set out if, when and what planning permission is likely to be achieved on a particular site. The level of detail can be tailored to the client's requirements. From this starting point a strategy can be devised in the context of known constraints.

Planning Applications
Obtaining planning permission can be a complex business. It is, for example, important to ensure that the development applied for is both correctly defined and capable of implementation. Often a supporting statement can provide a helpful explanation. Listed Building/Conservation Area applications may also be involved. We can advise on all relevant aspects.

Planning Conditions/S106 Agreements
Developers are increasingly being expected to contribute towards infrastructure and community facilities, which to a varying degree are related to the development proposed, via the mechanisms of planning conditions and S106 agreements. These need careful consideration and negotiation at all stages. We have experience in dealing with most aspects, often in conjunction with specialist Planning Solicitors and/or Counsel.

Affordable Housing
We have developed an unrivalled reputation at the interface of planning and affordable housing. Our experience encompasses preparation of Supplementary Planning Guidance/Documents, expert evidence, housing needs analysis, housing strategies, partnerships, housing plus, s106 agreements, empty homes strategies, care in the community, et cetera.

Project Management
Frequently the role of the Planning Consultant is to lead the professional team. This is especially important for major inquiries and presentations. We are used to working within a multi-disciplinary framework and co-ordinating groups of specialist professionals towards a common goal.

Planning Appeals
Appeals remain an essential part of the planning system. We have been successful in a wide range of appeals through both public inquiries/informal hearings and written representations on behalf of both local authorities and developers. We also advise on appeals against enforcement action. We put a premium on the detailed research, careful preparation and clear presentation of the planning arguments of the case, all of which enhance the chances of a successful outcome.

Project Promotion/Public Consultation
The quality and manner of the presentation of proposals can be crucial. Public consultation is increasingly important and needs to be carefully handled. It is often desirable to organise meetings or exhibitions, to communicate with politicians and amenity/community groups and to prepare additional illustrative material in the form of models, perspectives or brochures. Equally a dialogue needs to be established with planning officers and statutory consultees from an early stage. We can co-ordinate all these aspects.

Urban Design/Master Plans
We have specialist urban design expertise and have prepared innovative master plans for both greenfield and brownfield sites, which accord with both 'urban village' and 'sustainability' principles.

Development/Design Briefs
We have prepared Planning Briefs on behalf of local authorities, landowners and developers. In this context we have co-ordinated consortia of up to five developers. The successful negotiation of Briefs has enabled the commencement of projects ahead of schedule.

Advertisements
We have unrivalled expertise in the field of advertisement control. We have represented the UK's leading outdoor advertising contractors as well as businesses who have encountered difficulties with their signage. We can assist with the submission of applications, appeals and enforcement matters.

Retail/Commercial
We have extensive experience of promoting food and non-food retail proposals in a variety of locations and in dealing with changes of use to professional and financial services; public houses; restaurants and takeaways; offices; taxi businesses; motor vehicle outlets et cetera. We have promoted major industrial, warehousing and business parks, including hi-tech office campuses set in high quality landscaping.

Leisure and Tourism
We have been involved in a range of leisure and tourism related projects, including: golf courses; equestrian uses; marinas; hotels and other types of holiday accommodation; and the assessment of the tourism potential of particular towns and areas.

Regeneration
We have experience of the social, economic and physical regeneration of key sites and areas within major cities and across rural areas. These projects have incorporated both commercial and residential development; and have included Conservation Areas and Listed Buildings.

New Settlements
We have been involved in a range of new settlement schemes, including proposals of regional significance, new villages and new satellites to existing settlements.

Continuing Care Retirement Communities
We are at the cutting edge of best practice in the development of continuing care retirement communities (CCRC).

Environmental Assessments/Strategic Environmental Assessment (SEA)
We are experienced in the scoping of and co-ordination of environmental assessments/SEA, to ensure that they are presented in a clear and comprehensive manner, as well as in making the appropriate specialist planning inputs. Projects in which we have been involved have covered inter alia urban projects, tourism, waste incineration, energy and aviation. Increasingly we are involved in both 'environmental capacity' and wider 'sustainability' assessments incorporating a full range of economic, social, locational, physical and environmental indicators.


22/11/2007