Agenda item

This report seeks to highlight the current situation with regard to housing land supply and concerns regarding our future housing land supply position in the run up to submission of the Local Plan for examination.

The report presented to the committee provided an update on the current housing land supply position.  The Assistant Director – Planning Strategy and Development Management explained that whilst recent changes to government guidance provides for Local Planning Authorities whose Local Plans are at Regulation 18 stage to determine applications without having to apply the ‘tilted balance’ if they can show a 4-year housing land supply, there was still a requirement for the council to show a 5-year housing land supply for the new Local Plan to be found sound at examination.

The Assistant Director – Planning Strategy and Development Management provided some good news advising that the requirement figure, under the governments standard method for calculating housing need, had been reduced from 910 homes to 893 homes per year. 

In order to achieve a 5-year land supply upon plan adoption officer’s had been looking at potential housing trajectory models for sites coming forward that had been identified in the draft Local Plan.  Members were advised that a ‘stepped trajectory’ was the only way to just about demonstrate a 5-year housing land supply which would allow strategic sites to come forward in a phased delivery.  It was highlighted that a risk associated with using this model was that as there was a shortage of affordable housing in the district this could be seen as inappropriate but it was hoped with the opportunity of a second new community this would give a logical reason to take this approach.

He further advised that clarification had been sought from Kings Counsel on the legal position on the current issues relating to housing land supply and the advice received confirmed that significant weight should be given to housing land supply issues without applying the tilted balance to boost our housing numbers. 

Members were advised of alternative options:

·       To not take action but this would run the risk of the Local Plan being found unsound;

·       To provide advice to the Planning Committee that in considering planning applications for housing developments that would deliver homes within the next 5 years in a sustainable way, significant weight should be given to the need to bolster the council’s housing land supply position;

·       To not provide advice to the Planning Committee regarding the weight to be given to housing land supply matters. 

Before receiving questions from Members, the Chair asked Members to bear in mind that the recent changes to government guidance may become redundant following the election of the new government who has proposed to immediately review the changes made to the NPPF.

Questions from Members covered:

·       Clarification was sought on the number of homes needed to demonstrate a 5-year housing land supply.  In response it was advised there was a need for in excess of 447 homes to get to 5 years supply but we should be looking to build a buffer as the 5 years supply is a minimum;

·       Clarification was sought on what could be done to make sure houses were constructed in a timely manner within the required 5 years.  It was advised that this was not a common issue in East Devon due to the housing demand;

·       Reassurance was sought that detailed discussions had already taken place with the landowners regarding the schedule of delivery. Landowners and their representatives have been contacted but not about delivery as this will be addressed in the masterplan.

·       How can we make an informed decision without having sight of counsel’s advice.  The Planning Solicitor advised that members of the Strategic Planning Committee may have sight of the Kings Counsel advice but that it was legally privileged and so not available for disclosure to the general public.  He reassured Members that a comprehensive summary of the advice had been provided in the report.

·       There is a need to explain to the public that the housing numbers are government generated and not figures made by the council;

·       Does the council have an influence on the type of housing delivered, could we make sure it is mainly social and affordable housing?

·       A concern was raised that Strategic Planning Committee were expected to advise the Planning Committee to go ahead and choose the first and second choice sites when this committee still had not seen them.  There is a need to see them beforehand to make sure they are suitable.

Following comments from Members expressing their wish to see the Kings Counsel Advice before reaching a decision, the Chair advised that the meeting would be adjourned to allow members of the Strategic Planning Committee to read the document. 

The meeting was adjourned at 10.55am and briefly reconvened at 11.23am.

The meeting was then moved into private session at 11.23am to allow members of the Strategic Planning Committee to ask questions in respect of the Kings Counsel Advice and returned to a public meeting at 11.37am.

Upon returning to a public session further questions and discussion from Members in respect to the report covered:

·       Clarification was sought whether the council would have a 5-year land supply if all the allocations were put into the Local Plan.  In response it was advised if the council followed the stepped trajectory and used the first and second choice sites the council would demonstrate a 5-year housing land supply but only just;

·       In response to a question about whether the first and second choice sites would include Whimple and Feniton the Assistant Director – Planning Strategy and Development Management advised he would need to follow this up;

·       It was suggested that the current wording in the recommendation suggests that the Planning Committee can do what they like if a 5-year housing land supply can be demonstrated.  It was suggested to include the wording ‘and in compliance with the emerging East Devon Local Plan strategic and planning policies’ in the recommendation.  In response the Assistant Director – Planning Strategy and Development Management advised that the emerging Local Plan was not at an advanced enough stage to legally carry weight to influence decision making;

·       Do not support the recommendation to provide advice to the Planning Committee as this would be a dangerous approach due to uncertainty;

·       There is a need to make a decision as the longer we leave this decision the worse it gets for the Local Plan.  There is a need to advise the Planning Committee to positively promote ready to go schemes to help bolster the 5-year housing land supply.

The Chair proposed the recommendation as written in the report.

RESOLVED:

That Members advise Planning Committee that in considering planning applications for housing developments that would deliver homes within the next 5 years in a sustainable way, significant weight should be given to the need to bolster the council’s housing land supply position.  This is to ensure that the Council has a robust housing land supply and as a result a sound Local Plan in respect of housing land supply for examination of the Local Plan.