Government Wins Appeal On Regional Strategies

The Coalition Government's intended abolition of Regional Strategies can be taken into account when making planning decisions, the High Court has agreed. The judgment - in a High Court case brought by CALA Homes - confirms that the intended scrapping of Regional Strategies is a 'material consideration' which can be considered by local planning authorities and planning inspectors when making decisions. The Government announced its intention to abolish the strategies through the Localism Bill. Read more on the CLG website.

The Pickles' Effect: Council to Slash Housebuilding Target by Nearly 60%

A local authority is set to reduce its housing target by nearly 60%. Mid Sussex District Council is due to rubber stamp a recommendation to build just 370 homes a year over the next five years - a reduction of 57% on the target imposed by the previous Government. In July this year, Communities Secretary Eric Pickles revoked the South East Plan and gave local authorities the power to set the required level of housing in their area. Mid Sussex District Council says it has taken this opportunity to conduct its own assessment rather than rely on Government imposed targets. The findings of the council's Local Housing Assessment Five Year Position were presented to the council's Better Environment Advisory Group at a meeting last month. At that meeting, councillors decided that a figure of 370 homes a year is the 'most realistic and robust' requirement against which to show a five-year housing land supply. This is significantly lower than the 855 homes per year figure previously required under the South East Plan. Read more on 24dash.

Localism Bill and Planning - Statement from Mr Eric Pickles 10 November 2010:

On 6 July 2010, the Government revoked all regional strategies. This action was challenged in the High Court by developer Cala Homes, and the decision today concluded that Section 79 powers could not be used to revoke all Regional Strategies in their entirety. Whilst respecting the court's decision this ruling changes very little. Later this month, the Government will be introducing the Localism Bill to Parliament, which will sweep away the last Government's controversial regional strategies. On 27 May 2010, the Government wrote to local planning authorities and to the Planning Inspectorate informing them of the Government's intention to rapidly abolish regional strategies and setting out its expectation that the letter should be taken into account as a material planning consideration in any decisions they were currently taking. That advice still stands. Read the full statement on the CLG website.

Judge Delays Ruling on Abolition of Housing Targets

Judicial review of Pickles’ decision to scrap regional strategies held up to allow late submissions. The High Court carrying out a judicial review of the communities secretary’s decision to scrap regional spatial strategies has delayed its decision for at least a fortnight. Mr Justice Sales told Cala Homes, the Edinburgh housebuilder that brought the action, that it would be at least two weeks before he made a judgment. This follows the submission of more evidence by lawyers acting for the communities department. Cala’s lawyers may also submit more information in response. Cala Homes contends that the decision by Eric Pickles in June to scrap the regional planning tier, which set housing targets for local authorities, required primary legislation and therefore was beyond his powers. Read more on the Building website.

Pickles Faces High Court Challenge Over Decision to Scrap Housebuilding Targets

The Communities Secretary has been accused of unlawfully scrapping regional housing targets in pursuit of the Government's "big society" initiative. Housing developers asked the High Court to block the move, arguing that Eric Pickles had abused his powers. Peter Village QC, appearing for Cala Homes (South) Ltd, told a judge Mr Pickles was seeking to revoke regional strategies through an executive decision. Mr Village argued primary legislation should have been introduced, giving Parliament the opportunity to debate an issue crucial to future planning in England. Mr Pickles' decision "struck at the heart of parliamentary democracy". Cala Homes was asking Mr Justice Sales, sitting in London, to intervene and quash the secretary of state's action. Read more on 24dash.

HBF Chief Sceptical of Homes Bonus Scheme

Home Builders Federation chief executive Stewart Baseley has told delegates at a conference in London that it will take some time for the Coalition's incentive-based system - to replace regional housebuilding targets - to start producing the amount of affordable homes the country needs.  At a speech to the Housing Market Intelligence Conference he reiterated his concerns over the scrapping of Regional Strategies - to be replaced with a 'New Homes Bonus' - and said it would take a long time for the penny to drop with local authorities.  He said: "In scrapping the basis of the old system – the Regional Spatial Strategies - barely weeks into office, without providing any clarity on the detail of the ‘New Homes Bonus’ incentive-based system they propose will replace it, they have left a policy vacuum that threatens to disrupt supply still further, and is causing concern across the board. Read more on 24dash.

38% of Councils in East Mids to 'Keep Housing Targets'

Housing think tank, the Building and Social Housing Foundation (BSHF) has published research on the impact of the abolition of Regional Strategies. Among its findings it found that in the East Midlands, more than one third of local authorities (38 per cent) have stated their intention to keep the housing targets set out in the Regional Strategies. Some of the main findings of the research are:
* Approximately one third of local authorities (32 per cent) in the East Midlands were undecided on their housing targets.
*In the East Midlands, over one third of local authorities (38 per cent) stated their intention to keep the housing targets in the Regional Spatial Strategies.
* Some local authorities responding to the research were struggling to understand the nature and scope of their new responsibilities.
* Local authorities were concerned that they do not have the financial or technical resources to assess local housing need.
Read more on 24dash.

Government Policies Killing Off 1,300 Planned New Homes Every Day

The Government’s decision to scrap the nation’s planning infrastructure, without putting an alternative system in place, will lead to 300,000 planned homes being ditched by local authorities across the country, according to a campaign group. The National Housing Federation said that the decision to axe regional housebuilding targets and other parts of the planning infrastructure has prompted councils across England to substantially reduce their plans for building new homes. Ministers have pledged to build more homes than the previous administration, but with the equivalent of 1,300 planned homes being scrapped every day since May, the coalition already faces a tough challenge to meet its stated goal. The dismantling of the planning system began shortly after the election, with ministers scrapping regional targets and regional spatial strategies. Read more on the NHF website.

 

Pickles Faces Legal Challenge Over Revocation of Regional Strategies

Proceedings have been issued in the High Court to challenge the decision of the Secretary of State to refuse planning permission for a residential development in Bude. The challenge concerns a mixed use scheme to secure 400 homes (of which 30% were affordable units) on a greenfield site in North Cornwall, which was recommended for approval by the Inspector at appeal. However, the Secretary of State rejected the findings of the Inspector in reliance upon his recent decision to revoke regional strategies. The builders contend that the Secretary of State has acted unlawfully by failing to notify them of this departure from the Inspector’s recommendations and by not providing the opportunity to present evidence at a re-opened Inquiry. They also claim that the Secretary of State’s approach was procedurally unfair and failed to take account of his own policy guidance. Read more on 24dash.

MPs to Investigate House Building

A group of MPs is to conduct a formal inquiry into the impact scrapping regional spatial strategies will have on house building. The inquiry will be the first carried out by the CLG Committee in its current form. Its membership was updated following the general election, and it has a new chair in Clive Betts, Labour MP for Sheffield South East. The inquiry will look at the impact of scrapping regional house building targets, and examine the likely effectiveness of the government’s plan to incentivise local communities to accept new development. Written evidence for the inquiry should be submitted by 15 September. Read more on Inside Housing.