Written and recorded by Rachel Coyle, Barrister, The 36 Group
can I? Today's webinar is about housing, implying that 2016 on overview This is hot warm. This will be dealing with Part one of the House and finding out 2016 and also parts three and six. But you'll find that will be only very free when dealing with Part three. Tropical clear in due course, doing with the first, which is Part one, which is a starter. Homes in England, which is public side number two. Um, I know about three. This is not about starter homes. What part one set out to achieve because it's not yet in force. Is that that the starter homes or new first time by it, in other words, those who are earning less than £90,000 those who have not purchased before and those who needed mortgage of it more than 25%? Interestingly, that would look out all of those cash purchases but also would not look out. You think any first time, by exactly honest, how many of us actually only ever need lasted 25% mortgage? If only that were the case. So that's what it's designed to achieve, designed to effectively help out those first time buyers. But there are some restrictions. Least of all, of course, is the half direction your first time buyer? Second, they can't be older than 39 years of age. They can't do you any more than £90,000 of there in London, but also, and perhaps more stark. Ingley is that if you are to sell the property, having had the benefit off a discount market value and you saw that property to the 1st 15 years, that's correct one by Dean, then you have to pass on that discounts to the next purchaser or pay that discount back. 15 years is a long time. Children that time from your time you might want to relocate because you've decided you found the love of her life or you decide you want to be near to school. What might have a kidney to me for the purpose of your job? So that's the downsides off going with a start of home. But at the moment, it's not getting balls. The turn in that department slide before so Phil programs now South bill programs schemes have been in force since the 31st of October 2016 Look over by Sections 9 12 off the housing coming out 2016 in summary. What this attempts to achieve that local authorities have a duty to keep in regard to registered of people taking land or self build and custom house building. But author to grant sufficient suitable development permissions on serviced flats on land to meet related demand in the area. So that's essentially what self build is designed to do. It's after is also known as a custom house bill Andi. There also regulations of all time for compliance of these in relation to the grand suspicion Suitable Department set out on a self build cost in housebuilding. Tax compliance with these regulations. 2016 Joe and then Teoh help aside five is about extended right to buy. Now. This came into force in May 2016 was a plea 26 of 9016 but it is not being rolled out across. The country is only being rolled out in what areas of pilot and that is, I believe, in the Midlands A. So far as it goes with the extended right to buy and whether not the extended so I will not be rolled out to everybody across the entire country. Name that is England that is yet to be seen. But what the government has said decided to have committed to extend the right to buy to a short term house associations, perhaps a barge basis, so you have no implementation date yet announced below the entire country. The government has said it would assess the impact off such a pilot in the weapons before it, then decides what step to be made. Further to that is that the National Housing Federation just his backdrop backstories to this putting off into the government in September 2015 on which it proposed the implementation of the centre right by on a bunch of basis and close to anything other, like compulsory based on your earnings, that amount or if you've been a property for a period, etcetera, etcetera and if activity. The author was described as a compromise with a view to securing independence, our housing itself associations, but also the best deal or compensation for discounts and a lot of flexibility, such as the ability to refuse the right by a nation to certain properties, is Michael case in particular in high demand areas at the regional part itself. Yes, it starts from 16th. Walk 7 18 onto the registration online finished on 16 September 2018 as well. There is a guy into the house associations taking place in the Midlands hard it skiing, just published in May 2018. On that focuses on the two aspects of intrigue room, which is that said the one form replacement and also portable discounts. Then Housing Minister Unlock Sharma, uh, was questioned about the progress of implements to launch right by giving evidence on the press. Never tell team, and he said this. I want you right to buy half Are you after we still consider the next step? I have been in the stands up to be largely right by the respect of those were looking to buy homes, they will clarity recognized. We need divide that clarity soon. Interestingly, though, if a property is so under the bondage of skiing, when the government is saying that basically replace an a one form basis, it was the big questions as to how about what he would be financed. The time of the replacement a weather in places are to be built, uh, taking in London in certain circumstances, that will be the requirement to secure the development of to affordable homes for east wanting sold the starts. Intention the government. Let's just see how that it is in religions. What is not being implemented. It's a part full Chapter three and also Section 81 a, which is inserted the house not to 1980. Fine. So just in some, right, because we don't need to be too concerned about it. What for? Chapter three. Talk about high rents for high earners. So if you went over certain amount, then you will have to play potentially higher rent. It was anticipated. It's with people, people who have a joint income of war with 34,000 pounds, um and is that anticipates that that would be rolled out across the country. However, in the green paper titled A New Deal for Social Housing, it was said that to increase council confidence to plan ambitious house building, we are comparing this green pregnant going will not but bring the high by asset provision of the housing planning up 2016 into effect. We will look to repeal the legislation in parliamentary time allows. So, basically, do you need to worry about high rents for higher earners? No. What about this? Not that it is. It was proposed as part of this act on the hosts. Reduction, upset. But I think it was also discos about whether or not that should be. Yeah, property, soul about it, authorities or housing associations, which oh, high value it was not. Those high value property should be so within time being that's being scrapped. That one, you know, worry about that. Equally, it's actually want a house. Not 1985 you may recall, but this is about secure tendencies and actually believe in the benefits of what alternatives are in the traditional form, which is it's a battery from life, subject to the usual rules and the house that night identified about what happens if you breach the terms of the taxi agreement. But more importantly, there have been changes. Proprieties such as How did Victor and Private tenancy Section 89 to a house that size native by but also changes to succession rights Time being, though this is not being implemented, however, it should be noted that in the same green paper in the context of Part four, Chapter three. Whether that is being implemented, there's no reference to parliamentary timings after sides repeal Section eight on a section 8 to 9 to a hard not 1985. So it is well worth bearing in mind that whilst that's not been implanted at the moment, it may yet still happen. So turning then to hot six, this is slightly more down the planning room, so very of you who are not interested in planning. Well, we know and nine too much about this. But nevertheless, it is important to understand report of your community. What about six has to offer because it has given slightly more rights to those involved in neighbourhood planning processes. So I take an anti PowerPoint slide seven and eight. It's all about neighbourhood planning now. You might know what neighborhood planning is for your benefit. I'm going to just go through that again. The first question is, what is neighbourhood planning? We'll never hope. Shining gives community direct power to develop a shared vision for the neighborhood shape. The development and growth available area means that they can choose where they want in homes, shops, offices where these could be built. They can have a say on what those new buildings should look like. You can also have a say in all new constructor that should be provided. Interestingly, there's also their involvement in the planning commission process for new building that they want to see go ahead. So neighbourhood planning provides a very powerful set of tools the local people to ensure they get the right time to develop back your community. The local communities can therefore choose to set planning Party three what's called a neighborhood plan. I will explain. That is a bit more detail shortly, but actually what that does is it used to determine planning application. Exactly. Level created can choose to water grant planted mission through what is called a neighborhood development order and community right build order was the perfect developments which comply with that order. One thing to very mind, though, is that neighborhood planning is not a legal requirement. It is right which communities England can choose to use. They don't have to. They may decide that they could achieve outcomes they want to. Seeing through other planning ruse, judges incorporate their own proposals neighborhood into the car. We had to the problem because it mechanisms such as I can say, no department orders that supplementary planning documents printed on local planning authorities there should discuss the different choices charities have to achieving their ambitions for their neighborhood. So what are the benefits to a community off Developing a neighborhood plan Order? Well, a neighborhood planning, uh, the neighborhood plan and Ebel's communities to play a stronger role in shaping the anguish that live. But unlike a parish, village or town plan that can't just may have prepared a neighborhood plan for past development, and it sits alongside the local plan prepared by the local planning authority. That way, my applications no date just gives a local plan. They also consider the name so just to help to live with their vision. Deities that could be involved have a proactive approach By drawing up this neighborhood can, in order to secure the consent of local people in a referendum on this done will ensure they benefit from 25% revenues from the community infrastructure levy right of the development that then takes place in the area communities, though without a parish or town council will still benefit from. This isn't if there is no partial town council. The charging authority will retain the levy receipts. We shouldn't gate for the county's why development has taken place and agree with them how best to spend the neighborhood funding. Georgia authorities should set out clearly and transparently their approach to engaging with those neighborhood communities using regular communication tools, website newsletters, dropping clinics you have no refunds, therefore, should not be used above and beyond the purposes that community the name would punched that will match that priorities that are expressed by the local communities themselves, but also in tandem with the local charging authority on its decision to your future. The turn into power quints like nine. What should a neighborhood plan address we'll never pluck? Hood plan should support the strategic development needs set out in the no plan the plan positively to support local development. If you want to know a bit more detail about that Paragraph 16 the national planning holds bring work. The name would plan can be used to address the bounties bland because if successful examination, referendum with the local community it called into force is part of the statutory development plan. The applications for planning permission in that situation must be determined in accordance with development plan, which, naturally, in that situation clues the neighborhood plan. When I saw the tail considerations indicate otherwise, not Section 38 subsection six of the planning and compulsion purchase up to four. One of the benefits of a zoo well of a neighborhood plan went walk to address. It's how the businesses will also benefit from the proposed You got It it might also identify to the actual policy is to deliver improvements. It might also identify the needs of local people in terms of having a dropping clinic for young people, for example, and having the facilities available. We'll have to do so. Don't ever plan attains the same legal status as a local plan only once Bean approved in a referendum. And it is at that point that it is a force was part of that stock treat development plan and subsequently on Imagine Neighborhood Plan may also bay, crucial to the planning application price at your local people might otherwise go ignored Potentially. Equally important are and what's called emerging neighborhood plans. These two are also material consideration. How about 216 of the national planning politics? Brain work sets out the weight that may be given to part of policies. Imagine plants in decision Taken batters include the stage preparation plan and extent to which their own resolved objections to certain policies. The welter, a friend of ensure to create 1/2 of bio sorry I Wanna Neighborhood Crime called into force is part of Obama's plan. Decision makers should still respect the evidence of local support right to that referendum when seeking to applying weight to an emergency plan. The only difference is it doesn't become part of that statutory planning framework. Stash devoted framework in the same way as it would do. Poster surrender. No more reputation. Representation in proposal without imagining Neighborhood plan should have been submitted to the local planning authority by the close of local authorities. Progressed period. And that's actually 70 subjection to the town and country planning at 1990. What this does is provide the local planning authority must have regard do pretty examination draft neighbor development bars of material T application. Return them to talk with my time, so I probably side 11 How should planning applications be decided, whether it's an emerging little plan, but the local currency cannot done straight five year supply of deliverable housing site In that situation? Well, I left clinical First cannot demonstrate five years supply of deliver verbal housing sites. Decision makers may still give weight to rabbit parted in the emergency plan. If you don't get proud of 216 of the national planning quality framework, it sets out the weight that may be given travel policies. Emergent plants to decision making. What if they look up our boys like, Well, what if a local planning authority come demonstrate a five year supply of several housing size wells? The answer is what a paragraph 498 off the brain work. It states that where a pairing application conflicts with neighborhood plan, there's normally that has been brought into force. Plane come in. Permission should not normally be granted. Determine applications. Decision makers should take into account the impact of granting Commission one application complex with a club. The point is, name or plants are an important part of the climate system. Decision makers may well find themselves continue applications in an area with a neighborhood planets process. Referendum is that four bulls will pass this plan, but local authorities simply cannot demonstrate five years of glory. Richard Ministerial Statement on 12 December 2016 Such out How planning after Katie's appeals should be determined in circumstances where, how local planning authority cannot demonstrate a five year supply, but there is a native plant neighbourhood planning course. The best is the written ministerial statement is lesson two years old or the neighborhood plan with being part event for two years old? That this is the criteria. The name of the plan allocates Sites for housing I love appointing authority can demonstrate three years supply a little housing sites against a five year housing requirement. This statement, on the 12th of December 2016 stated that in those circumstances, rather, parties from supply of housing in their plan should not be deemed to be quote out of date under paragraph 49. National planning Parts of brain work subsequently that spring court case of Suffered Coat of District Council and Hopkins Homes LTD. But explain that it is not necessary to tell whether policy is quote a rather possible housing in paragraph or two. No international putting holes bring with Do you eat out of date in order to determine the weight that is attached. That policy, because weight is a match of planning judgment decision maker. So in those circumstances where development is often it's silent or effort. Qualities are out of date in paragraph 14 of the framework states that permission should be granted or last year, first impacts of doing so would significantly and demonstrably outweigh the benefits. So in this situation, when I stuffed in the adversity passed the proposal Gates partisan framework as a whole, decision makers should include within their assessment, first posits in the framework that deal with neighbourhood planning. So with hunger for 98 Therefore, it states that where a planning application does conflict with the neighborhood plant have been brought into force. Planning permission should not normal. Granted what decision makers, when making decisions, should take into account impact granting permission. One application that does conflict with a neighborhood plan? Well, the criteria in the return still statement to apply on their for decision makers shaking Wait significant weight. Sorry to the neighborhood plan, notwithstanding, whether it does or does not have a problem here. Supply livable housing site. In essence, it's not the end of the world. Got five years blood liberal housing sites? Great. If you don't minister saying it, providing you take all those criteria. What criteria just remind you is and that the neighborhood plan allocates sites for housing that local authority condemn straight three years supply to push five year supply. I'm not the name of the planet's being passed. Defendant time, two years old Left that criteria being satisfied. If you don't have a five year supply, that's fine. You could fall into that category if you satisfy that criteria. Uh, it's a fact that is not well. So you might be wondering kind of neighborhood plan come forward before on upstate local plan is in place. Well, the answer is that where neighborhood plan is brought forward before up to date no is in place. The qualifying body on the local planning authority should discuss and aim to agree relationship between policies. Neighborhood club emerging local plan on any adopted development plan booked with regard to the national policy and guidance. The local planning authority should take a proactive, impulsive approach in their situation and that's work collaboratively with the qualifying body, particularly when it concentrated evidence and seeking to result any issues to ensure the draft neighborhood developed plan has the greatest chance of success are independent examination. The local planning authority should work with the qualifying body to produce complementary neighborhood and local fronts. So it's really important to try many mice. Any conflict between policies and they plan and those in emerging like local plan included those houses supply policies because Section 38 subsection fine of the planning and compulsory purchase at 2004 requires that conflict be resolved by a decision maker braving the policy, which is contained in the last document to become part off the divergent doctor. So Neighborhood plans to consider providing until every time table, but allocate to reserve sites to ensure that emerging evidence of housing need his address. This then house minimize potential conflicts and ensures that part is in the neighborhood plan are not Aborigine by new local clan. So I turned to power points like 13. What is the neighborhood to ferment? Order. A neighborhood development order can grant planning permission for specific types of development in the specific neighborhood area the neighborhood devoted to order can therefore apply just to excite sites. Why did you grow barrier grant planning permission for a certain type of top moment? Well, Grandpa permission outright or subject to conditions. So what type of development can be granted in relation to a neighborhood development order? Well, neighborhood development order can be used to permit building operations. Took to structure a lot. Alteration construction, demolition all the works carried out by a builder. The tail changes off use of London buildings and or engineering operations, but you might be thinking, well, what is a community right? Build order? Heard of one of those? What can that day security right to build order is a four way ballot order and that can be used to grab onto mission. Will small scale development or community benefit on a specific site or sites in the neighborhood area, for example, it could be used to prove the building of homes, shops, businesses before the houses for rental, sale, changing facilities, playgrounds. You sent it exacta where the community organization wishes to develop them on yourself. Then the resulting assets can only be disposed off, improved or developed in a manner which organization considered benefits local community or a section of on the legislation that will provide the mechanism enabling houses developed to use the community right build order by our example to be retained its housing that is affordable in perpetuity. Vicissitudes by dis applying certain Dutch tree right talents of long recent to buy their freehold and start to write Given to qualifying tenants to acquire social housing. See paragraphs 11 12 Shuttle four C of the Tyrant 20 Playing at 1990. Part seven of the name of planning General Regulations 2000 and 12 Popoy Saiful Team What is the role of the planning authority? Well, a local play authority must take decisions at key stages in the name of planning process of the time it's that supply there was provide advice or assistance to the Parish Council, the Neighborhood Forum or Canty organization, but has produced in the neighborhood plan in order that required by paragraph three of shuttle four B to the town and country coming out 1990. So how should it go about its functions? Let's have a look. A PowerPoint side 15. Well, it should be proactive and provide information to community it's about the planning. It must fulfill its duties and take decisions as soon as possible on within the starting time period of charcoal to moment. It will set out clear and transparent decision making timetable and share it with wishing to prepare noble plan on order. It was constructed. Engage with the community you out the process, including when considering the recommendations of the independent Examiner off a neighborhood development plan or proposal. So what's the time period? You'll see that there are several slides from PowerPoint slide 16 and 17 detail What time years off What is important to notice following regulation 60 In the name of applying General Amendment regulations, two. Thousands 15 amended the neighbourhood planning general regulations in 2012. Enough said the date by which representations must be received being in the case of an application to which to be regulations. Expiry applies to hold shortly is not lasted four weeks from the date on which the verifications first publicized, and in all of the cases, not less than six weeks from the date on which our application is first. Besides, this is in relation just to put into contact to very applications on the prescribed day to help you set out in Section six. Hey, where a local planning authority receives an application from another body, the authority must turn in the application by just probably date. The breast is not in a case wet area to which the application late sport in two or more local planning authorities. The date is 20 weeks. We'll have date immediately following that, which is rest precise is 30 weeks. If the rather bodies of Crash council on the area to which the application makes us whole. Here in the Parish Council, plus eight weeks and then in all of the cases, it's voting leaks don't actually like 28 13 but go to the numbers to keep in mind or area application. Is it different to determination Neighborhood for an application that is dealt with Regulation nine A, which is probably 5 17 which is a certain name or planning General Regulations 2012 by the Neighborhood Planning General Development Management Procedure Amendment Regulations 2016 that states that where local planning authority receives a name with form application, which they do not decline under power. I'm sorry. Under regulation 11 the authority must return the application in the far right personally in the case, my neighborhood area in which the application relates didn't want sorry isn't two or more than playing authorities, and the period is 20 weeks, beginning with day in the white birth complications. Besides, in all the cases date, which is the last day period of 13 weeks on the date describes does not apply. That is 20 weeks of 13 weeks on that date. If the authority or considering another neighborhood glorification on another applicator likes to a narrow, it consists off or includes some off the neighborhood area to which the application mentioned in nine a relates to so regulation 11. In case you're wondering what that is, it's set out on the slide but in essence, were unable before have been designated to enable area. Then that doesn't nation that has not expired. Ugly withdrawn. A local planning authority may declined to consider an application made. So do you think then, with a little bit more of the nitty gritty who makes the decisions? Everybody probably already knows this, but account executive makes decisions unable or planning in the incredible authority. Flight 18 flight 19 deals with sections 139149 So sexual 139 of the act. Most town and country planning out of 1990 To enable the secretary of state to make regulations requiring a local planning authority to designate all of the area applied for if you application meets, Let's grab criteria or is not being determined within the prescribed period. So Section 140 off the act. Amending the 1990 act. OAU Secretary State Determine timeprint you just discussed in which these duties was carried out. Will decided section one for one Prescribed circumstances with the secretary of Steak and intervene at the request of the body responsible for enable cunning area in a decision to hold a referendum on a neighbourhood planning proposal. It's actually 14 to require the local planning authority, but requests have a name for the area to notify the form planning applications in the area in which the forum is designated well, the house more crucially, is sexual. 14321.8 Cotton depart six Protections want for three and work for eight. Local authorities are required to make both neighborhood development orders on neighborhood development plans as soon as reasonably practicable After the referendum is held. Imagine to prevent local planning authorities being flown to bring who wish to fruition neighborhood plans. Problem is, do we know what as soon as reasonably practicable means? Short answer is no. Perhaps then we might have a case on this or yet further regulations trying to define what this actually means. So there will be local planning authority power stuff for the bill to the secretary state to intervene is a spend to prepare and otherwise control the plan making examination process and essentially, these managed planning on poultry purchase out 2004 because sexual 143 clarifies the powers to demand changes to local departments. Scheme which fails to cover the entire level area or address critique local issues that situation The local planning authority must have met Develop land. Dawkins, the secretary state for independent examination sexual from 44 allows the appointed examiner to suspend an inspector to consider further evidence. Will take certain procedural steps and under Section 21 2000 for the secretary state has the power to direct a local planning authority, withdraws or modifies on adopted plans. It's actually one for five. And so it's a new provision that allows attacked you state to issue what's called ah holding direction, which required a local panel authority. Do not take any steps towards formally adopting local plan for Islam. It's a secretary stated, intervening in the Section 21 of the 2004 out Section 27 of the 2004 act, the last active state to take over responsibility for drafting a local plan, a flow complaining of particles to do so, however it's actually worked for six has replaced that, insofar as it now means that there is a tension of these powers, but equally the secretary. State cattle so require local playing its authority itself to prepare in advance of plan rather than have that's actually state do so itself. Section 147 extend a similar power to mayor of London or combined authority in sections one for 518 allowed Secretary State to be reimbursed by local authority were costs of uses powers and Section 21 in 27 2004 rack, so that's not an ideal situation for your local planning authority going to cost you money, so it's actually one for nine off. The 2000 and 16 act allows the secretary of state to make a wider range of playing applications, which opens Teoh Merrill Scrutiny. Bartenstein. There's special, different strategy on the part of Greater London local charity Out 1999 Bottled and bore it Better John Doctrines or a proven apart to your planning and compulsory purchase up 2004. So essentially, what this means is that under the act, the mayor Walter has somehow as well, almost akin to his actual state in the contact of London local authorities. So that wraps up part one of the housing and planning out 2016 overview. If you want to continue to know a bit more about the part six and the contact of more than just neighbourhood planning and want to know about local planning and pit, then please do look up to the second weapon off on a second weapon on also be dealing with compulsory purchase as well. Again, it would just be an overview. It's not going to all the nitty gritty detail to do Bear that in mind if you wanted to be a little bit more detail. This might not be the over few. You were equally important as well. Is that this weapon? I've been prepared on the basis, you know, it's a little bit of something and equally will be the next Webinar, which is part two. Had that been a benefit to you, please take a violation form and to try and see if you can answer those.
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