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Then we will do it ourselves - Community Land Trusts

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Worth Matravers, DorsetCommun<strong>it</strong>y <strong>Land</strong> TrustSchool of ESPaCHRoom 214, Crescent HouseThe CrescentSalfordM5 4WTthe design & print group, univers<strong>it</strong>y of salford T: 0161 295 2639 24536/08<strong>Then</strong> <strong>we</strong> <strong>will</strong> <strong>do</strong> <strong>it</strong> <strong>ourselves</strong>A report on the rural Commun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong> part of theCommun<strong>it</strong>y <strong>Land</strong> Trust National Demonstration ProgrammeTel: 0161 295 4454Email: j.e.po<strong>we</strong>ll@salford.ac.ukwww.commun<strong>it</strong>ylandtrust.org.ukCommun<strong>it</strong>y Finance Solutions, an in<strong>it</strong>iative of theUnivers<strong>it</strong>y of Salford and Wessex Reinvestment TrustAn in<strong>it</strong>iative ofCommun<strong>it</strong>yFinanceSolutions


Background... by the commun<strong>it</strong>y for the commun<strong>it</strong>yAcknowledgementsCommun<strong>it</strong>y Finance Solutions/Wessex Reinvestment Trust Team Jennifer Aird,Steve Bendle, David Brettell, Karl Dayson, Bob Paterson, Jennifer Po<strong>we</strong>ll,Alison Ward, Andrew Williamson.In add<strong>it</strong>ion to the authors listed above the following contributed to the Case Studies:Alison Ward, Alan Fox, Richard Bonnie, David Sm<strong>it</strong>h, David Brown, Jonathan Brown,Paul Sm<strong>it</strong>h, Joanne Gooding and Nick StanleyProject Advisory GroupKate Bra<strong>it</strong>hwa<strong>it</strong>e, Carnegie UK TrustTrevor Cherrett, Commission for Rural Commun<strong>it</strong>iesAndrew Cooper, School of ESPaCH, Univers<strong>it</strong>y of SalfordKarl Dayson, CFS, Univers<strong>it</strong>y of SalfordMark Deakin, Napier Univers<strong>it</strong>yDes Kelly, National Housing FederationMartin Large, Gloucestershire <strong>Land</strong> for People (Advisory Group Chair)Joe Ludlow, VenturesomeAdrian Moran, Housing CorporationRoger Northcott, Independent consultantElaine Paterson, Northumbria Univers<strong>it</strong>yNicola Pollock, Esmée Fairbairn FoundationDavid Rodgers, CDS Co-operativesFundersCarnegie UK TrustHousing CorporationCommission for Rural Commun<strong>it</strong>iesHow Worth Commun<strong>it</strong>y Property Trust cameinto being.There is a clear need for affordable housing across Purbeck –a picturesque area popular w<strong>it</strong>h second homeowners and other vis<strong>it</strong>ors.In 2002/03 Signpost Housing consulted the local commun<strong>it</strong>y about12 potential affordable housing s<strong>it</strong>es. The preferred s<strong>it</strong>e was an areaon the edge of the village called the football field.Signpost carried out some in<strong>it</strong>ial work on the football field s<strong>it</strong>e includingseeking outline planning permission for 6 houses. This in<strong>it</strong>ial worksho<strong>we</strong>d some interesting archaeology on part of the s<strong>it</strong>e that wouldprevent a tarmac road being laid. This meant that <strong>it</strong> was not permissibleto build more than 5 houses. So Signpost Housing’s business planassumptions could not be met and <strong>it</strong> was no longer a viable optionfor an RSL.At this stage the land was put on the open market and, a local residentbought the land w<strong>it</strong>h the intention of protecting the archaeology andpreserving the s<strong>it</strong>e for affordable housing. After exploring a numberof possible delivery mechanisms, he decided to see if he could get acommun<strong>it</strong>y land trust off the ground locally. The vision of thecommun<strong>it</strong>y land trust would be the regeneration of Worth Parish“by the commun<strong>it</strong>y for the commun<strong>it</strong>y”.Local people <strong>we</strong>re supportive – both long standing locals and secondhomeowners – because they felt that they could have more input intothe affordable housing and make sure <strong>it</strong> met local prior<strong>it</strong>y needs.A board of 12 including potential residents of the affordable housesand other local people runs the Trust. After getting Worth CPT formallyconst<strong>it</strong>uted as an industrial and provident society in October 2006,one of the first things the board did was to draft, consult and finalisethe selection cr<strong>it</strong>eria for nomination to the affordable houses.The Council supported this process and the selection cr<strong>it</strong>eria desp<strong>it</strong>ehaving no direct nominations <strong>it</strong>self to the houses.Getting planning permission was a long process largely because oflengthy debate w<strong>it</strong>h the Council and lenders about the section 106agreement that <strong>will</strong> ensure the houses stay affordable in perpetu<strong>it</strong>y –a point that everyone agrees is v<strong>it</strong>al. There was particular debate arounda mortgagee in possession clause. The CPT now hope to start buildingin the summer of 2008 – subject to agreeing development, long termand mortgage finance packages.The Trust has had excellent support from the local commun<strong>it</strong>y, theCouncil and the Synergy Housing Group. And a local archaeology group(East Dorset Antiquarian Society) has provided expertise and labour freeof charge saving the Trust a lot of money.Bob Kenyon, Chair, Worth Commun<strong>it</strong>y Property Trust.www.worthcpt.orgCommun<strong>it</strong>y Finance Solutions 3


ForewordContents... affordable housing forworking familiesBackground 3Foreword 4It is a great pleasure to introduce this report on the work of the pioneering Commun<strong>it</strong>y <strong>Land</strong><strong>Trusts</strong> National Demonstration Programme.Carnegie UK Trust quickly recognised the potential of this new governance model for rural commun<strong>it</strong>ies that are anxious totackle the most pressing social issue of our time - the provision in the countryside of affordable housing for working families.Not only is there obviously a market failure, the state seems unable to direct adequate resources for rural projects.Commun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong> (CLTs) allow concerned local people to acquire land and plan for the provision of housing andassociated services such as workspace and commun<strong>it</strong>y halls to be managed on behalf of the commun<strong>it</strong>y in perpetu<strong>it</strong>y.At every stage in the development of a CLT, the values and principles of commun<strong>it</strong>y development are deployed. As w<strong>it</strong>hany new idea, there have to be brave individuals who pave the way for what <strong>will</strong> hopefully become a strong social movement.This report records their experiences and the obstacles that they have encountered and overcome.All those associated w<strong>it</strong>h the National Demonstration programme believe that rural commun<strong>it</strong>ies embarking upon thedevelopment of a CLT deserve access to the very best advice on legal models and access to appropriate sources of start-upcap<strong>it</strong>al. It is encouraging to report that progressive <strong>Trusts</strong> and Foundations in the UK are working together to create a CLTfacil<strong>it</strong>ation fund. Such measures <strong>will</strong> surely pave the way for the release of more land for CLT s<strong>it</strong>es and eventually theprovision of many more houses for local families in rural areas.I would like to extend my appreciation to Bob Paterson and Steve Bendle whose <strong>do</strong>gged determination has resulted in widerecogn<strong>it</strong>ion of the potential of CLTs and to Roger Northcott who has joined me on a mission to spread the CLT message.Kate Bra<strong>it</strong>hwa<strong>it</strong>eDirector, Rural ProgrammeCarnegie UK TrustIntroduction - Ideas into action 6Case Studies - Introduction and table 10Torridge – Devon 12Buckland Newton – Dorset 15St Minver - Cornwall 18Chipping – Lancashire 20Cumbria 23Northumberland 26<strong>Land</strong> for People – The Marches 29Policy Development 32Summary of policy issues 32Legal Models 32Tenure 33Pre-development and development funding 34Section 106 Agreement 36Resale formula and mortgage offers 37Housing allocations 38Char<strong>it</strong>able and other funding 39Agency support options 39Housing Associations 39Development <strong>Trusts</strong> (in Northumberland) 40County wide umbrella CLTs 41Commun<strong>it</strong>y Finance Solutions & Wessex Reinvestment Trust 41Design and specification of d<strong>we</strong>llings 41Replication through best practice and recommendations 42Useful resources 464Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions5


Introduction... social, economic andenvironmental sustainabil<strong>it</strong>yThis report aims to capture and pass on the learning and experiencegained by Commun<strong>it</strong>y Finance Solutions (CFS) and Wessex ReinvestmentTrust (WRT) in completing the first phase of the Rural Commun<strong>it</strong>y <strong>Land</strong><strong>Trusts</strong> (CLTs) National Demonstration Programme. We have supportedrural housing projects in 7 areas and developed tools to assist thesein<strong>it</strong>iatives. A similar number of urban projects have also been supportedand a separate CFS publication Urban Toolk<strong>it</strong> 1 is to be published shortly.This report starts by introducing and describing the background to theprogramme. We then include 7 case studies which demonstrate puttingthe theory into pioneering practice. The report describes the challengesthat need to be overcome to expand this programme to increase thesupply of rural affordable housing. Last, the report concludes w<strong>it</strong>h asummary of the achievements to date, proposed next steps andrecommendations for future action.The shortage of rural homesThe Affordable Rural Housing Commission 2 estimated that 11,000homes <strong>we</strong>re needed annually. This compares w<strong>it</strong>h the annual average ofnearly 2,900 rural homes provided by housing associations through theHousing Corporation’s programme in 2006/8 and about 300 homesbuilt by private sector companies. 7,800 more homes are needed everyyear in England.W<strong>it</strong>hin this figure there is a demand both for rental and part equ<strong>it</strong>y/shared ownership housing. CLTs can complement and supplement therole of housing associations and other providers to expand the supplyof affordable rural housing to bridge the gap bet<strong>we</strong>en the provisionof social housing on the one side and the open housing market onthe other.This is diagrammatically demonstrated below:Affordable housing is to fill the ‘intermediate market’ gap as shown in the diagram belowIntermediate Market HousingSocial Housing Rent to purchase models Equ<strong>it</strong>y purchase models Outright Sale£10,000 £14,000 £18,000 £22,000 £26,000 £30,000Levels of household incomePurchasers on incomes bet<strong>we</strong>en around £14,000 and £30,000 need access to intermediate housing options.Average working household incomes around £25,0001Urban Toolk<strong>it</strong> to be launched 30th April 208 at the CLT Conference Creating Affordable Housing -from concept to real<strong>it</strong>y.2Affordable Rural Housing Commission, Final Report 2006It is unlikely that central government <strong>will</strong> substantially increaseallocations of Social Housing Grant to housing associations to plugthis ‘intermediate housing gap’. Other innovative in<strong>it</strong>iatives arerequired if rural commun<strong>it</strong>ies are to:• Retain young, skilled and economically active households;• Have a diverse and dynamic business base;• Be able to provide access to affordable housing;• Secure vibrant, active, inclusive and sustainable commun<strong>it</strong>ies.The purpose and work of Commun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong>Commun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong> (CLTs) are one emerging solution. They offer avehicle for residents to create and control commun<strong>it</strong>y assets, w<strong>it</strong>h theaim of providing social, cultural, environmental and economic benef<strong>it</strong>s.They connect up principles of civil renewal, sustainabil<strong>it</strong>y and localinvestment to produce lasting solutions to local needs. In some cases,they can help sustain commun<strong>it</strong>y activ<strong>it</strong>y in the long term by creatingregular and growing rent streams that can finance further projects infuture years.CLTs are established in commun<strong>it</strong>ies to acquire assets and then holdthem in perpetu<strong>it</strong>y for local use. They work on a non-prof<strong>it</strong> basis,raising money from new sources and unlocking existing resources,to provide housing, employment, and other accommodation.They can also provide a wide variety of services in the commun<strong>it</strong>y.They work on the basis that occupiers pay for the use of buildingsand services at prices they can afford, while the value of land, subsidies,planning gain and other equ<strong>it</strong>y benef<strong>it</strong>s are locked up on behalf ofthe wider commun<strong>it</strong>y.In practical terms, CLTs meet the needs of commun<strong>it</strong>ies, by:• buying, developing and holding land, housing, commun<strong>it</strong>y buildingsand services for the benef<strong>it</strong> of a local commun<strong>it</strong>y;• attracting investment for projects from local individuals and privatecompanies, as <strong>we</strong>ll as public and voluntary bodies;• letting workshops, offices, agricultural and residential accommodationat sub-market and market rents;• re-investing growing income from rents where available in new socialand economic provision;• engaging local people and organisations in the control andmanagement of commun<strong>it</strong>y assets;• bringing together a wide spectrum of different partners to produceinterdependent solutions ;• mobilising the good<strong>will</strong> and services of local professional andskilled people.A Commun<strong>it</strong>y <strong>Land</strong> Trust is a not-for-prof<strong>it</strong> organisation which can bean industrial and provident society, a company lim<strong>it</strong>ed by guaranteeor other incorporated body whose governing instrument containsprovisions to the following effect:(a) the primary purpose of the organisation is to hold land and otherassets so as to promote the social, economic and environmentalsustainabil<strong>it</strong>y of a specified local geographic commun<strong>it</strong>y throughproviding or facil<strong>it</strong>ating the provision of affordable or othersub-market housing and/or other commun<strong>it</strong>y-based facil<strong>it</strong>iesand services,(b) the organisation <strong>will</strong> not dispose of <strong>it</strong>s land and other assets save inthe furtherance of is objectives to promote the sustainabil<strong>it</strong>y of thelocal commun<strong>it</strong>y as set out in (a) above,(c) the membership of the organisation is open to persons ororganisations living in or whose principal place of work or businessis in the specified commun<strong>it</strong>y <strong>it</strong> is established to serve (but mayinvolve different classes of membership),(d) the major<strong>it</strong>y of the governing body is elected by the membersof the organisation,(e) the organisation is accountable to the local commun<strong>it</strong>y throughannual reporting or otherwise and is responsive to <strong>it</strong>s needs andto representations made on <strong>it</strong>s behalf, and(f) <strong>it</strong> is an inclusive organisation, comm<strong>it</strong>ted to enabling those wholive and/or work, or need to live and/or work, in the commun<strong>it</strong>y <strong>it</strong>is established to serve to benef<strong>it</strong> from the land or other assets <strong>it</strong>holds, w<strong>it</strong>hout discrimination on grounds of race, religion, age,sex, disabil<strong>it</strong>y, sexual<strong>it</strong>y or any other matter that is not relevant to<strong>it</strong>s work.Commun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong> (CLTs) National DemonstrationProgramme ObjectivesOne of the recommendations of the Affordable Rural HousingCommission was to ‘explore, through piloting and evaluation, whetherCommun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong> (CLTs) can help add to the delivery ofaffordable housing in rural areas in a way which offers good value formoney and supports the Government’s wider objectives of commun<strong>it</strong>yengagement’.The purpose of the CLT National Demonstration Programme was to putthis into practice by supporting a number of rural CLTs in their work,helping local people to establish them if necessary. The 7 case studiesset out in section 2 of this report utilise the CLT approach to provideaffordable housing linked to the identified needs of local commun<strong>it</strong>iesand involving them in delivery. In add<strong>it</strong>ion to supporting the delivery ofa number of pioneering rural projects on the ground the programmehas captured the learning nuggets for wider dissemination.Commun<strong>it</strong>y Finance Solutions6 Commun<strong>it</strong>y Finance Solutions 7


... developing an agenda toempo<strong>we</strong>r commun<strong>it</strong>iesNational government interest and supportGovernment has been developing an agenda to empo<strong>we</strong>r commun<strong>it</strong>ieson a number of fronts and in a number of Departments, aiming togive them the tools to take on and tackle their own problems.Most recently, following the Quirk Review 3 , Government are supportingthe idea that local author<strong>it</strong>ies should use their property assets moreimaginatively. In particular transfer of assets at l<strong>it</strong>tle, or no, cost to alocal commun<strong>it</strong>y organisation is seen as a more effective way ofachieving the same goals than selling the assets and then using thecash receipt to provide services that the asset <strong>it</strong>self could have provided.CLTs f<strong>it</strong> w<strong>it</strong>hin this agenda in both urban and rural locations.Government guidance through Planning Policy Guidance 3 and throughadvice on model section 106 agreements (where the need formortgagee in possession clauses is emphasised) has also been helpfulto the CLT movement. The new Local Planning Frameworks that localauthor<strong>it</strong>ies are now drawing up are also supportive as they are intendedto be more responsive to need and more evidence-based; if acommun<strong>it</strong>y can prove there is an unmet need, the Local PlanningFramework should be able to provide a response. Another opportun<strong>it</strong>ycomes from the establishment of Local Strategic Partnerships (LSP) atboth district and county level. CLTs can be the means by which theCommun<strong>it</strong>y Plan is made into a practical real<strong>it</strong>y at the local level andCLTs can provide in return channels of communication bet<strong>we</strong>en theLSP and the local commun<strong>it</strong>ies w<strong>it</strong>h whose needs <strong>it</strong> is concerned.As <strong>we</strong>ll as this indirect help, the Housing Green Paper in summer 2007mentioned CLTs as one way to diversify provision of affordable housingand draw in local commun<strong>it</strong>ies. ‘We are also supporting seven newpotential pilot Commun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong> in rural areas, giving localcommun<strong>it</strong>ies access to land for affordable house building’. 4Alongside the social housing grants they access, RSLs now borrowvery large sums from banks and building societies to help them deliverprogrammes of new social housing. Their rapid growth and the drivefor efficiency has ho<strong>we</strong>ver led them to become more remote from thecommun<strong>it</strong>ies they serve and w<strong>it</strong>h rural commun<strong>it</strong>ies in particular <strong>it</strong> isdifficult for an organisation operating across a wide area to be awareof and give attention to particular local needs.In order to enable CLTs to fulfil a role alongside RSLs in plugging thisgap – supplementing and complementing RSL provision and bringingcommun<strong>it</strong>ies back into the picture, there needs to be an awareness ofwhat they can (and cannot) <strong>do</strong> among local author<strong>it</strong>y planning andhousing staff, among the banks and building societies who may lendto them and among the general public who might support them.Government could help considerably in this by:• defining CLTs in law so that they can be referred to in policies,strategies, social housing grant-distribution policies, national planningguidance and elsewhere• amending the Leasehold Reform Act so that <strong>it</strong> <strong>do</strong>es not apply toleases granted by a CLT w<strong>it</strong>h the aim of providing permanently localaffordable housing for the local commun<strong>it</strong>y• encouraging the new Homes and Commun<strong>it</strong>ies Agency to recogniseCLTs as having a place w<strong>it</strong>hin the spectrum of affordable housingprovision for both rented and part-equ<strong>it</strong>y homes and recognise alsothat small commun<strong>it</strong>y organisations need a lighter touch ofbureaucracy than RSLsThe first two measures alone would help to create a climate whichwould enable CLTs to forge local partnerships and gain recogn<strong>it</strong>ionas a component part of affordable housing strategies and commun<strong>it</strong>ydevelopment strategies.3DCLG (2007) “Making Assets Work: The Quirk Review of commun<strong>it</strong>y management and ownership of public assets” Department for Commun<strong>it</strong>iesand Local Government, Wetherby4Homes for the future: more affordable, more sustainable Presented to Parliament by The Secretary of State for CLG by Command of Her MajestyJuly 2007 Lon<strong>do</strong>n: The Stationery OfficeAll party support exists for the three recommendations above.Housing Minister Caroline Flint MP has been to vis<strong>it</strong> members ofWorth Matravers CPT and has seen their s<strong>it</strong>e; at the time of wr<strong>it</strong>ing thisreport Parliamentary Under Secretary of State at Commun<strong>it</strong>ies and LocalGovernment, Iain Wright has agreed to look again at how a defin<strong>it</strong>ionof a CLT might be inserted into the Housing and Regeneration Billwhich is currently before Parliament.The possibil<strong>it</strong>y of CLTs accessing social housing grant (SHG) has alsobeen mentioned in the Housing Corporation’s programme for 2008/10.Although grant is also now made available via private developers,access to SHG has become more restricted because the HousingCorporation’s policy has been to reduce the number of housingassociations receiving grant for new development, and not to registernew ones. The suggestion was made by CFS in response to the GreenPaper that there should be a “commun<strong>it</strong>y housing grant” for CLTs w<strong>it</strong>ha lo<strong>we</strong>r level of bureaucracy for small scale commun<strong>it</strong>y-led affordablehousing but so far this idea has not found favour. Instead the Housingand Regeneration Bill lays <strong>do</strong>wn a requirement that any body receivingSHG for rented housing <strong>will</strong> have to comply w<strong>it</strong>h all the accompanyingregulation.Providing housing associations and other intermediaryagencies w<strong>it</strong>h the expertise to support CLTs andputting the expertise to practical use.A particular objective of the CLT National Demonstration Programmewas to develop housing associations’ and other agencies’ capac<strong>it</strong>y toassist commun<strong>it</strong>ies in implementing asset based commun<strong>it</strong>ydevelopment by developing intermediate market housing throughCommun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong> (CLTs). Housing Associations technical supporthas greatly benef<strong>it</strong>ed such in<strong>it</strong>iatives and given the associationsthemselves new expertise.This aspect of the CLT National Demonstration Programme has beenfunded by the Housing Corporation through their Innovation and GoodPractice programme. It springs from the housing association sector thathas very substantial technical capac<strong>it</strong>y, now employing 70,000 staff andhaving combined balance sheets of £60bn. Housing Associations aresignificant players in most parts of England and are <strong>we</strong>ll placed tosupport the development of physical land and property projects as partof an agenda for commun<strong>it</strong>y and neighbourhood action. Some focuskeenly on supporting local commun<strong>it</strong>ies and many have sizeableproperty departments involved in buying and developing land, andthen managing land and buildings. There are others in the sector,especially Development <strong>Trusts</strong> and Housing Co-operatives that havean interest in the subject. The basic aims of CLTs, combined w<strong>it</strong>h thetechnical aid capac<strong>it</strong>y of housing associations and other supportagencies, <strong>will</strong> bring unrivalled resources to the subject and potentiallya step change in this approach.Programme partnersThis report is called “<strong>Then</strong> <strong>we</strong> <strong>will</strong> <strong>do</strong> <strong>it</strong> <strong>ourselves</strong>” to pay tribute tothe energy and enthusiasm local commun<strong>it</strong>ies have shown in takingon the challenge of providing affordable housing even if there is notvery much in place to support them - just as housing associationsresponded to homelessness in the 1960s and 70’s and have since builthugely on their success to create a large and po<strong>we</strong>rful movement.Government support could turn what would otherwise continue to bea valuable but hard-fought alternative into a recognised part of overallaffordable housing provision; and the innovation and comm<strong>it</strong>ment ofcommun<strong>it</strong>ies could become part of the widespread affordable housingdelivery.CFS and WRT have had the benef<strong>it</strong> of an Advisory Group and haveworked w<strong>it</strong>h many organisations and individuals. These are listed, w<strong>it</strong>hthanks, in the acknowledgements section. Programme Partners in the7 case studies are listed in the relevant case-study.CFS and WRT are grateful to the Carnegie UK Trust, the HousingCorporation and the Commission for Rural Commun<strong>it</strong>ies for providingthe major<strong>it</strong>y of the funding in support of the CLT NationalDemonstration Programme.Commun<strong>it</strong>y Finance Solutions8 Commun<strong>it</strong>y Finance Solutions 9


Case StudiesLocationCommun<strong>it</strong>y<strong>Land</strong> TrustAgencyinvolvementD<strong>we</strong>llingscreatedRental/part equ<strong>it</strong>yCurrent s<strong>it</strong>uation31.3.08CornwallSt Minver CLTCornwall Rural HA12Part equ<strong>it</strong>y (Self build)On s<strong>it</strong>e. Complete by Dec 08St Just CLTCornwall Rural HA8Part equ<strong>it</strong>y (Self Build)To commence summer 08Blisland (CornwallUmbrella CLT)Cornwall Rural HA6Part equ<strong>it</strong>yOn s<strong>it</strong>eDevonHolsworthy CPT... Capturing Enduring Value for Commun<strong>it</strong>iesThe programme objectives included identifying and supporting the implementation of at least sevenpioneering projects utilising the CLT approach to provide affordable housing linked to the identified needsof local commun<strong>it</strong>ies and involving them in delivery. The case studies are set out below and follow a setpattern:• Introduction• The Assets• The Model• Stakeholder Involvement• Next StepsMore than 70 CLT homes have been developed or are in the course of development w<strong>it</strong>h many more homesin the pipeline. In add<strong>it</strong>ion there are other groups working up proposals. The current s<strong>it</strong>uation as at 31stMarch 2008 is set out in the table oppos<strong>it</strong>e.DorsetShropshire/PowysLancashireLiving over theshop flatsDo <strong>it</strong> yourself equ<strong>it</strong>yownershipBuckland Newton CLTWorth Matravers CLTCastle Caereinion CLTBishop’s Castle anddistrict CLTBrabin’s AlmshouseTrust/Chipping CLTWest Devon HomesMagna HASynergy HAGreat Places HA5310510211Part equ<strong>it</strong>yPart equ<strong>it</strong>yRental 2 Part equ<strong>it</strong>y 8Rental 3 Part equ<strong>it</strong>y 2Part equ<strong>it</strong>yRentalPart equ<strong>it</strong>y/rentalCompletedPart CompletedTo commence on s<strong>it</strong>e April 2008To commence on s<strong>it</strong>e Spring 2008To commence on s<strong>it</strong>e Spring 2008<strong>Land</strong> identifiedTo commence on s<strong>it</strong>e Spring 2008CumbriaW<strong>it</strong>herslack CLT4Self buildPlanning permission received fromLake District National Park Feb 08NorthumberlandAllendale CLTFederation ofNorthumberlandDevelopment <strong>Trusts</strong>(FONDT)4Rental or Part equ<strong>it</strong>yS<strong>it</strong>e acquired from local author<strong>it</strong>y tostart on s<strong>it</strong>e Spring 2008Holy Island Commun<strong>it</strong>yDevelopment TrustFONDT/Three RiversHA4RentalS<strong>it</strong>e purchasedStart ons<strong>it</strong>e Spring 2008Contact has also been made w<strong>it</strong>h Rural CLTs in Gloucestershire, Hampshire, Oxfordshire, Somerset, Warwickshire and Wiltshire10Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions 11


Torridge Commun<strong>it</strong>y<strong>Land</strong> <strong>Trusts</strong>... innovative plans for rural regenerationIntroductionHigh Bickington is a Local Centre w<strong>it</strong>h a population of around 700 people serving a low income rural areain Torridge District of North Devon. The nearest towns are Barnstaple, South Molton and Great Torrington.It was badly h<strong>it</strong> by Foot and Mouth Disease in 2001 and a parish appraisal was carried out which identifiedthe urgent need for affordable housing, workspace, educational facil<strong>it</strong>ies and commun<strong>it</strong>y facil<strong>it</strong>ies to sustainthe social and economic framework of the parish and the surrounding commun<strong>it</strong>ies that <strong>it</strong> serves.Holsworthy is also located in Torridge and as a small market town was similarly affected by Foot and MouthDisease. As part of the recovery strategy, consultation w<strong>it</strong>h the Town Council and surrounding parishes tookplace in 2004 and the results <strong>we</strong>re published as the Holsworthy MCTI Commun<strong>it</strong>y Strategic Plan. Thisreinforced the need for affordable housing. As in High Bickington, the average price of buying a home is <strong>we</strong>llbeyond the national average, whereas average wages are comparatively low (and below average for the UK).Both commun<strong>it</strong>ies have recognised the danger to their future if this trend continues, as local people are price<strong>do</strong>ut of the housing market. Former Torridge District Councillor John Allen expressed the fear that Holsworthycould become and ‘ancient town’, w<strong>it</strong>h many retired people and very few young people and families.The AssetsHigh Bickington CPT Ltd – a Commun<strong>it</strong>y Property Trust was formed inJuly 2004 and has achieved national recogn<strong>it</strong>ion for <strong>it</strong>s innovative plansfor rural regeneration. It was set up to implement a 20 year Parish Planand to hold land and other property in perpetu<strong>it</strong>y on behalf of thecommun<strong>it</strong>y. Their current activ<strong>it</strong>ies are focussed on obtaining planningconsent for the proposed development of a County Council ownedfarm for 16 affordable homes, 17 open market houses, workshops,commun<strong>it</strong>y facil<strong>it</strong>ies and sports facil<strong>it</strong>ies. An earlier, larger applicationwas turned <strong>do</strong>wn following a Public Inquiry. The current scheme isexpected to be subm<strong>it</strong>ted to Torridge District Council in April/May 2008.Devon County Council has agreed to transfer c11 acres of the farm tothe commun<strong>it</strong>y for the scheme in return for a share of the net valueafter all the facil<strong>it</strong>ies have been built. The local author<strong>it</strong>y <strong>will</strong> beconsidering a departure from their Local Plan under their evolving LocalDevelopment Framework in response to the needs identified by thecommun<strong>it</strong>y. Grant aid <strong>will</strong> be sought for the commun<strong>it</strong>y centre.Holsworthy CPT was formed by local people in 2005 and in 2007acquired five flats above the former Somerfield Supermarket in thecentre of town which the developer had been required to provide asaffordable homes under a section 106 agreement for a largerdevelopment. The flats have been renamed Wh<strong>it</strong>lock Court and havebeen sold as part equ<strong>it</strong>y purchases to local people unable to purchaseon the open market. The shares purchased have ranged bet<strong>we</strong>en£59,500 and £80,500. HCPT is currently marketing a ‘Do It YourselfEqu<strong>it</strong>y Ownership (DIYEO) Scheme whereby local people in need whoare unable to purchase outright on the open market are assisted bythe Trust providing an equ<strong>it</strong>y mortgage for an approximately 30%share of the open market value of a property selected by the purchaser.The CPT has secured the funds for the scheme from the TorridgeDistrict Council using funds paid by developers to meet requirementsfor a proportion of affordable homes through commuted sums ratherthan direct provision.The ModelHigh Bickington CPT Ltd is an Industrial and Provident Society,structured on National Housing Federation model rules. Its membershipis open to anyone w<strong>it</strong>h a connection w<strong>it</strong>h the parish through thepurchase of a £1 share. Currently the CPT has about 200 shareholdersincluding not only the commun<strong>it</strong>y but also stakeholders like the Parishand County Councils.The objects of the CPT include the provision of:• Houses for people in need, on terms appropriate to their needs• Workspace to meet training and employment needs• Health facil<strong>it</strong>ies and child care• Facil<strong>it</strong>ies for recreation• Woodland and other environmental benef<strong>it</strong>sRedundant buildings at L<strong>it</strong>tle Bickington Farm, s<strong>it</strong>e of the proposeddevelopment.It aims to make homes affordable for local people by providing homesto rent and for part-equ<strong>it</strong>y purchase. The development also includesother elements aimed at making High Bickington a more sustainablecommun<strong>it</strong>y: small affordable workshops to buy or rent <strong>will</strong> also be builtas <strong>we</strong>ll as sporting and commun<strong>it</strong>y facil<strong>it</strong>ies and space is included for anew school to replace the overcrowded Victorian building and, in themore distant future, for a health centre. Commun<strong>it</strong>y woodland hasalready been planted w<strong>it</strong>h Forestry Commission grants. The CPT’sbudget includes income from the housing, workshops and commun<strong>it</strong>yspace.Holsworthy CPT is a Company Lim<strong>it</strong>ed By Guarantee & a registeredchar<strong>it</strong>y. It has so far offered homes for part-equ<strong>it</strong>y purchase but plansto offer rented homes as <strong>we</strong>ll in future. The part-equ<strong>it</strong>y lease gives theCPT the right to nominate the purchasers whom subsequent sales aremade to.The Holsworthy Commun<strong>it</strong>y Property Trustees outside the newlycompleted Flat 1 Wh<strong>it</strong>lock Court, Holsworth12Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions 13


To purchase a CPT property a potential occupier must meet the prior<strong>it</strong>ycr<strong>it</strong>eria which have been agreed in partnership w<strong>it</strong>h Torridge DistrictCouncil. These include being unable to afford a home on the openmarket but able to afford the mortgage repayments for part-equ<strong>it</strong>ypurchase. In the Holsworthy flats they also pay a small service charge.On deciding to sell their property the resident must ask HolsworthyCPT to nominate another purchaser which the CPT must <strong>do</strong> w<strong>it</strong>hinset timescales.Stakeholder InvolvementHigh Bickington CPT has worked in partnership w<strong>it</strong>h Devon CountyCouncil, Torridge District Council and Devon and Cornwall HousingAssociation as <strong>we</strong>ll as a number of other statutory and voluntaryagencies to put together their proposals for the successful regenerationof High Bickington. Funding was received from LEADER+ to pay fora project worker as <strong>we</strong>ll as from national char<strong>it</strong>able trusts.Holsworthy CPT is a commun<strong>it</strong>y organisation w<strong>it</strong>h local trustees; <strong>it</strong> hasalso worked w<strong>it</strong>h a local Housing Association. It has worked closely w<strong>it</strong>hTorridge District Council on a number of issues including settling theSection 106 agreement (to ensure permanent affordabil<strong>it</strong>y for thecommun<strong>it</strong>y). Devon County Council supported the CPT w<strong>it</strong>h a grantof £50,000 from Second Homes Tax which has given the CPT thecapabil<strong>it</strong>y to respond to opportun<strong>it</strong>ies and employ consultants andlawyers to assist <strong>it</strong> in bringing <strong>it</strong>s schemes to fru<strong>it</strong>ion.Both High Bickington CPT and Holsworthy CPT have had the benef<strong>it</strong> ofsupport from the Wessex Reinvestment Society which has been workingin conjunction w<strong>it</strong>h Devon County Council through the DevonReinvestment Service.Next StepsDesp<strong>it</strong>e in<strong>it</strong>ial setbacks High Bickington CPT are still working towardsmeeting their vision. They are exploring different options anddeveloping new plans and, w<strong>it</strong>h the continued support of DevonCounty Council and Torridge District Council, is confident in succeeding.Holsworthy CPT is continuing in their quest to provide affordablehousing in the area and have set an in<strong>it</strong>ial target of 20 part equ<strong>it</strong>yhomes. They are actively seeking to acquire further land and / orproperties.Tips1 Be prepared for set-backs in developing pioneering proposals andcontinue to press the case desp<strong>it</strong>e challenges.2 Comm<strong>it</strong>ted lay-led leadership is crucial.3 Stakeholder involvement w<strong>it</strong>h the Local Author<strong>it</strong>ies and other Partnersmust be robust to help overcome the challenges.4 Pre-development funding for both the CPT’s themselves, and for theirphysical developments is essential.5 Use public<strong>it</strong>y to ensure that the project remains in the public mind.6 Second Homes Council Tax income should be available to helpm<strong>it</strong>igate the impact of second homes on local housing: ask your localauthor<strong>it</strong>y how they are spending <strong>it</strong> and show how your scheme couldcontribute7 Taking over property on a “turnkey” basis w<strong>it</strong>h a developer orusing “commuted sums” can deliver results quickly8 Win-win solutions where the lan<strong>do</strong>wner secures a better priceand commun<strong>it</strong>y gets what <strong>it</strong> needs can be worked outContactsDavid Venner Coordinator/Administratordavid.venner@high-bickington.co.ukHigh Bickington <strong>we</strong>b s<strong>it</strong>e www.highbickington.orgHeather Stephenson Project Coordinator/Administrator HolsworthyCommun<strong>it</strong>y Property Trusthm.stephenson@yahoo.co.ukhttp://www.mcti.org.uk/text/79/case_studies.htmlBuckland NewtonCommun<strong>it</strong>y Property Trust... a solution led by the local commun<strong>it</strong>yIntroductionBuckland Newton is a typical village in West Dorset. It is located in the centre of a triangle approximatelynine miles from three market towns, Sherborne, Sturminster Newton, and Dorchester. The village and <strong>it</strong>ssix hamlets have a total population of about 450. It is a popular place to live and this has led to high localhouse prices when compared to average earnings. The price of homes on the open market puts them outof the reach of local young people wishing to remain and work in the village; or of those who wish to moveto the village for work opportun<strong>it</strong>ies or because of family connections. There is a problem too for olderpeople who would like to move to a smaller home while remaining in the village as no new homes havebeen provided w<strong>it</strong>h the needs of older people in mind. This anec<strong>do</strong>tal evidence is backed up by nationalstatistics published in the Government’s Green Paper on housing published on 23 July 2007 which identifiesWest Dorset as an area of the country where affordabil<strong>it</strong>y is at <strong>it</strong>s worst, w<strong>it</strong>h house prices 8-10 timesaverage earnings.Artists impression of development in Buckland Newton14 Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions 15


A number of villagers recognized this problem and the implications forthe sustainabil<strong>it</strong>y of their village and took action to provide a solutionled by the local commun<strong>it</strong>y. The commun<strong>it</strong>y established a Commun<strong>it</strong>y<strong>Land</strong> Trust to address these problems following a packed publicmeeting.The AssetsA search for potential s<strong>it</strong>es identified a s<strong>it</strong>e north of the village waswhich was both acceptable in principle to the planners under theexception planning policy and in the possession of a lan<strong>do</strong>wner <strong>will</strong>ingto sell at the maximum affordable of £5,000 per plot. The CLT’s assetsderive from the grant of exception planning permission on the s<strong>it</strong>e tomeet local needs.odds w<strong>it</strong>h the aim of the property being affordable for the commun<strong>it</strong>yin perpetu<strong>it</strong>y). The purchaser <strong>will</strong> in<strong>it</strong>ially buy a share related to theirhousehold income rather than a percentage of the property value.Buckland Newton has opted to protect the houses for the commun<strong>it</strong>yby using a lease under a Declaration of Trust to the occupier and theCLT jointly. This <strong>will</strong> allow for occupiers to increase their equ<strong>it</strong>y stakebut only if the CLT agrees to allow them to, and in any case not intofull ownership. The rented homes <strong>will</strong> be made available on assuredtenancies.The proposed development is for 10 houses (7 x 2-bedroom; 2 x 3bedroom, 1 x 4-bedroom) w<strong>it</strong>h a play area and allotments on the sames<strong>it</strong>e. Most of the homes built <strong>will</strong> be available to purchase on apart-equ<strong>it</strong>y basis (requiring a mortgage of bet<strong>we</strong>en £65,000 and£120,000), and w<strong>it</strong>h one or two available for rent (rents shouldbe around £100 per <strong>we</strong>ek)West Dorset District Council granted exception planning permission forlocal needs housing for this scheme in April 2007 (subject to a section106 agreement retaining affordabil<strong>it</strong>y for the commun<strong>it</strong>y in perpetu<strong>it</strong>y).The arch<strong>it</strong>ects, ARCO2, had the task of designing homes that areaffordable both to buy and to run. They use low-impact, local materialsin construction in particular using straw and wool to deliver very highlevels of insulation. The un<strong>it</strong>s are pre-fabricated offs<strong>it</strong>e as sets of panels(providing production cost savings and qual<strong>it</strong>y consistency) andassembled on s<strong>it</strong>e to provide a structurally complete shell w<strong>it</strong>hin twodays. They have also worked to a brief to build at a cost such that a2-bedroom (75m2) house is constructed as near as possible to a targetfigure of £60,000 (the figure was set as a challenge in 2005 by theOffice of the Deputy Prime Minister). The scheme <strong>will</strong> meet theAssociation of Environmentally Conscious Builders “silver” standardfor air-tightness.The ModelBuckland Newton Commun<strong>it</strong>y Property Trust is a company lim<strong>it</strong>edby guarantee and is in the process of applying for char<strong>it</strong>able status.The aim of the organisation is to provide affordable housing inperpetu<strong>it</strong>y for the local commun<strong>it</strong>y, therefore <strong>it</strong> was necessary to bevery careful in choosing a model of disposal (selling) and tenure thatis appropriate.At the time of wr<strong>it</strong>ing CLTs are not excluded from the terms of theLeasehold Reform Act, therefore care had to be taken in settling on amethod of sale to ensure that the purchasers <strong>will</strong> not be able, at anypoint, to fully purchase their home (The Leasehold Reform Act allowsfor part owning occupiers – unless excluded from the Act – to increasetheir shareholding in their property, eventually stair-casing into fullownership. This is not desired by Commun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong> as <strong>it</strong> is atARCO2 drawing of homes in Buckland NewtonStakeholder InvolvementWest Dorset District Council is providing substantial support for theproject. £7,500 from DEFRA’s Rural Social Fund was agreed to get theproject started and subsequently the Council agreed a pre-developmentloan of £30,000 to enable planning to be secured. The Council <strong>we</strong>renot <strong>will</strong>ing to grant a section 106 agreement which would allow amortgagee in possession to ignore the affordable housing cond<strong>it</strong>ionbut agreed instead to fund the development themselves.The commun<strong>it</strong>y has worked w<strong>it</strong>h various stakeholders to make the CLThappen. Support was also given by the Rural Housing Enabler based atDorset Commun<strong>it</strong>y Action (DCA) and DCA also assisted, holding andprocessing funds for the CLT and promoting the model across thecounty.The build price has been negotiated w<strong>it</strong>h Dorset Centre for Rural Skills(DCRS) who have experience of the construction method proposed.DCRS has built mock-ups of the scheme and comm<strong>it</strong>ted <strong>it</strong>self todelivering the low price required. Arch<strong>it</strong>ects ARCO2 have worke<strong>do</strong>n a low fee scale desp<strong>it</strong>e the very substantial add<strong>it</strong>ional work involvedin developing an innovative form of construction.ARCO2 Drawing of homes in Buckland NewtonNext StepsAt the time of wr<strong>it</strong>ing the land is about to be purchased and thereare just some final steps to take before building can commence.These include completion of the purchase of the s<strong>it</strong>e and establishingand agreeing a final fixed price for the construction of the development.Once the builders are under contract and a start-on-s<strong>it</strong>e date isconfirmed, the process of allocating applicants to houses <strong>will</strong> begin.Construction <strong>will</strong> probably take a year in total, hopefully less.Buckland Newton CPT is considering other innovative ways to supportrenting tenants to move towards home ownership. These would makethe occupier responsible for maintenance on a 20 year renewableagreement, and to give the tenant an equ<strong>it</strong>y stake when they leavebased on their contribution to the rent repayment, or to take a partequ<strong>it</strong>y stake at any point after 3 years when their contribution to rent<strong>will</strong> be treated as an equ<strong>it</strong>y stake.Empo<strong>we</strong>ring the commun<strong>it</strong>y to meet their own needs has other benef<strong>it</strong>sin encouraging active and involved commun<strong>it</strong>ies. It may be that in thefuture other assets are developed (such as a further residentialdevelopment or a village shop).Tips1 Try and establish a top team of 2 or 3 Trustees/Directors who <strong>will</strong>have to share much of the work. Establish sub-groups w<strong>it</strong>h specificresponsibil<strong>it</strong>y for various activ<strong>it</strong>ies.2 Establish simple but comprehensive policies and procedures coveringas much as possible as early as possible. This gives good governancebut also provides guidance for decision making later on when thedecisions become serious. Also convinces “the author<strong>it</strong>ies” that youknow what you are <strong>do</strong>ing and are businesslike.3 Accept that some trustees may quail (and/or qu<strong>it</strong>) at some of thedifficult decisions4 Make sure the Trustees have a very clear mental image of whatthey are trying to achieve – what, how and why. It is worth usingcomm<strong>it</strong>tee time to develop this as much as possible. Subsequentdecisions can be easier by going back to this ‘compass’.5 Build up a pol<strong>it</strong>ical head of comm<strong>it</strong>ment slowly, but steadily, so that“<strong>do</strong>ing nothing” is not an option. Particularly helpful in pushing thelocal author<strong>it</strong>ies forwards when they are outside their comfort zone.6 Establish good communication and ensure the Trustees are easilycontactable. Try and kill the gossip - insist that nothing is factunless heard first hand from a Trustee.7 Understand that you <strong>will</strong> not persuade everyone of the rightnessof your propos<strong>it</strong>ion8 Accept that most things seem to take much more time than theyshould: there are a lot of different people to carry forward.9 Local author<strong>it</strong>ies may take time to bring on side but w<strong>it</strong>h pol<strong>it</strong>ical andsenior office backing they can become the CLT’s strongest and mosteffective supporters.10 Potentially high cost planning requirements for local materials or todesign to a not-very-apparent local vernacular can be transmutedinto a sustainable building requirement and the need to build to acost so that local needs are met can be accepted as a leg<strong>it</strong>imate aim.ContactRichard Bonnie Chairman, Buckland Newton Commun<strong>it</strong>y PropertyTrust richardbonnie@fsmail.net16 Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions 1712 Commun<strong>it</strong>y Finance Solutions


18Commun<strong>it</strong>y Finance SolutionsSt Minver CLT Lim<strong>it</strong>ed:Delivering affordable homesfor the commun<strong>it</strong>y by thecommun<strong>it</strong>yIntroductionRock is a picturesque village s<strong>it</strong>uated in the Parish of St Minver Lowlands on the Camel Estuary in NorthCornwall. In North Cornwall <strong>it</strong> takes 16 times average household income to buy a house of average value andin Rock this figure is much higher. It is reputedly one of the most expensive places in the world to purchase ahome, w<strong>it</strong>h high levels of second home ownership and holiday lets, making <strong>it</strong> virtually impossible for first timebuyers to access the market and placing add<strong>it</strong>ional demands on the lim<strong>it</strong>ed stock of social rented housing.High levels of housing need are not being met by the existing delivery mechanisms.A group of concerned local people, which included current and former representatives of the Parish Councilwanted to take direct action to provide truly affordable homes for local families in employment, andsupplement the work of housing associations and the local author<strong>it</strong>y. They <strong>we</strong>re inspired by a local builder,the late Bill Dingle, and w<strong>it</strong>h land to be provided on the edge of the development boundary by a local farmer,Mr David Wills, to set about designing a self build scheme tailored to the needs of local people, and thisgenerated enormous support from the Commun<strong>it</strong>y.This local group decided to form a Commun<strong>it</strong>y <strong>Land</strong> Trust and <strong>we</strong>re assisted by the Cornwall Commun<strong>it</strong>y<strong>Land</strong> Trust Project and North Cornwall District Council. The group examined the various models availableand also took advice from Holsworthy CPT. The group formed St Minver CLT Lim<strong>it</strong>ed, a char<strong>it</strong>able CompanyLim<strong>it</strong>ed by Guarantee, which was incorporated in December 2006, w<strong>it</strong>h the help of a £5,000 setting upgrant from the District Council.Trustees of St Minver CLT Lim<strong>it</strong>ed w<strong>it</strong>h the Chairman and Officer of NCDCand the Cornwall Commun<strong>it</strong>y <strong>Land</strong> Trust Project Manager at the start ons<strong>it</strong>e event in October 2007.The projectThe s<strong>it</strong>e is in an Area of Outstanding Natural Beauty at the southernside of the development boundary and is a rural exceptions s<strong>it</strong>e.Following commun<strong>it</strong>y consultation <strong>it</strong> was decided to design a scheme of12 detached bungalows for a self build scheme, using highly insulatedtimber frame construction procured from a local manufacturer. The aimwas for the final costs, including land and fees, of the 8 three bedroomand 4 two bedroom bungalows to be at least £15,000 less than thelocal affordable sales ceilings of £100,000 and £85,000 respectively.These figures <strong>we</strong>re based on the District Council’s SupplementaryPlanning Guidance on providing affordable homes on rural exceptionss<strong>it</strong>es, but more importantly had to be tested w<strong>it</strong>h local applicants inneed, and ensure that they could obtain mortgages.Detailed cost estimates <strong>we</strong>re produced for a project appraisal whichhas been regularly updated and revie<strong>we</strong>d, and a detailed planningapplication was funded by the lan<strong>do</strong>wner.Once detailed planning permission was approved, subject to a Section106 Agreement, the CLT negotiated an interest free loan of £544,000from North Cornwall District Council to pay for the land, fees andfacil<strong>it</strong>ate the development. A proportion of the loan is repayable eachtime a serviced plot is sold to a self builder, w<strong>it</strong>h some of the loanbeing retained fro use as working cap<strong>it</strong>al. Key stages for certificationby the project arch<strong>it</strong>ect <strong>we</strong>re also agreed.While the S.106 Agreement was being finalised and tested w<strong>it</strong>hmortgage lenders, and registration w<strong>it</strong>h the Char<strong>it</strong>y Commission wasbeing confirmed, a local allocation policy was agreed w<strong>it</strong>h the Districtand the 12 applicants <strong>we</strong>re selected, a project manager was alsorecru<strong>it</strong>ed, and tenders for ground works, infrastructure andmanufacture and erection of timber frames <strong>we</strong>re obtained.The agreements <strong>we</strong>re finalised so that land acquis<strong>it</strong>ion could take placeon the 28th September, 2007 and a start on s<strong>it</strong>e was then achieved onthe 1st October, 2007. Progress has since been very good and all thehomes are due to be completed and ready for occupation by December,2008. The latest cost estimates are that a completed two bedroombungalow <strong>will</strong> cost £77,000 at completion and a three bedroom <strong>will</strong>cost £85,000.The modelThe CLT has signed a S.106 Agreement which controls future occupancyand affordabil<strong>it</strong>y, and these obligations have to be adhered to by allsuccessive owners. The S.106 has a Mortgage Protection Clause whichhas been approved by lenders, but is constructed in such a way that <strong>it</strong>gives assurance to the District Council.The CLT is selling the plots to the self-builders freehold, but in each casew<strong>it</strong>h a resale covenant, which ensures that these requirements cannotbe breached, plus the added assurance of a pre-emption agreementwhich gives the CLT a “first refusal” to reacquire or nominate apurchaser for a d<strong>we</strong>lling when <strong>it</strong> is sold.The resale covenant fixes all resales as a percentage of open marketvalue (OMV), and at St Minver, following independent valuation thispercentage has been fixed at 31.3% of OMV.Interestingly the CLT and the District Council both agree that thismodel <strong>will</strong> ensure that the homes <strong>will</strong> remain affordable for futuregenerations.Stakeholder involvementSt Minver CLT Lim<strong>it</strong>ed recognises the importance of working w<strong>it</strong>hlocal stakeholder groups, and has had a great deal of support fromthe Cornwall CLT Project to which <strong>it</strong> is affiliated through Cornwall CLTLim<strong>it</strong>ed, North Cornwall District Council, the Parish Councils, and ofcourse the self-builders and their families.... completed on timeand on budgetNext stepsThe CLT aims to ensure that the homes <strong>will</strong> be completed on timeand on budget. Discussions are already being held to investigate thepossibil<strong>it</strong>y of a second phase, building on the successful progress ofthe current phase.Tips• Carry out detailed research on the local housing market to fin<strong>do</strong>ut what is needed and what can be afforded• Find out from other CLTs what has worked for them and what hasnot worked and why• Make sure that the commun<strong>it</strong>y has been involved in shaping thedetailed design and that the parish council supports the scheme• If possible negotiate the main heads of terms for the S.106Agreement before the planning application is registered, andcheck that lenders are happy w<strong>it</strong>h them• Ensure that the CLT <strong>will</strong> retain enough money from the developmentto sustain <strong>it</strong>s future running costsContactCornwall CLT Ltd.Alan Fox alan@crha.org.ukCommun<strong>it</strong>y Finance Solutions 19


Chipping Commun<strong>it</strong>y<strong>Land</strong> Trust:... keeping the un<strong>it</strong>s affordablefor future generations... the Evolution of an AlmshouseAssociationIntroductionChipping is a picturesque village s<strong>it</strong>uated in the heart of Lancashire's scenic Ribble Valley, as <strong>we</strong>ll as lyingw<strong>it</strong>hin “an Area of Outstanding Natural Beauty”. Not surprisingly house prices in the area are <strong>we</strong>ll abovethe average for Ribble Valley. This makes <strong>it</strong> difficult for first time buyers to access the market and placesadd<strong>it</strong>ional demands on the lim<strong>it</strong>ed stock of social rented housing. The Brabin’s Trust has secured the supportof a local housing association to develop a CLT to deliver much needed affordable housing for the localcommun<strong>it</strong>y.The Brabin’s Trust, based in Chipping, was founded in 1684 under the Will of dyer and cloth merchant,John Brabin. The Trust was set up to provide for the poor of Chipping and <strong>it</strong>s surrounding parishes.There are two char<strong>it</strong>ies managed by the Trust: an Almshouse Association, which provides homes for peopleon low incomes; and an Education Foundation, which owns one of the two local schools. The Brabin’s Trustis keen to use <strong>it</strong>s 330 years’ housing experience, as <strong>we</strong>ll as <strong>it</strong>s land and financial assets, to increase theprovision of affordable housing through a Commun<strong>it</strong>y <strong>Land</strong> Trust.The assetsThe Trust is planning to develop land <strong>it</strong> already owns – the largegardens behind a row of <strong>it</strong>s rented houses (see picture below left) -together w<strong>it</strong>h the adjacent s<strong>it</strong>e of the former village hall in the centreof Chipping. The s<strong>it</strong>e of the recently demolished old village hall had lainderelict ever since a new multi-purpose village hall replaced <strong>it</strong> in 1999.Planning permission has been granted to develop 11 affordable un<strong>it</strong>sof houses and flats (1 x 1 bedroom flat, 6 x 2 bedroom flats and 4 x 3bedroom houses). It is proposed that seven un<strong>it</strong>s are sold on a sharedequ<strong>it</strong>y basis whilst four un<strong>it</strong>s are retained for rent. When the un<strong>it</strong>s aredeveloped, the Brabin’s Trust <strong>will</strong> be the first Almshouse Association inthe UK to renew <strong>it</strong>s long-established aims through the CLT model.1 The trust provides a homeThe modelIt is anticipated that once the development is completed, the new CLT<strong>will</strong> be set up as a company lim<strong>it</strong>ed by guarantee to which the land <strong>will</strong>be transferred. The company <strong>will</strong> hold the land in trust for local peoplewhilst leasing the un<strong>it</strong>s to members of the local commun<strong>it</strong>y ataffordable rents or shared equ<strong>it</strong>y ownership. The Brabin’s Trust isconsidering making the homes more affordable by investing someof <strong>it</strong>s own cash assets as equ<strong>it</strong>y.Interestingly the Brabin’s Trust has highlighted the importance ofkeeping the un<strong>it</strong>s affordable for future generations by linking anoccupier’s share of future property price increases to local rural wages.The Trust currently is working on re-sale formulae, which <strong>will</strong> take intoaccount the dispar<strong>it</strong>y bet<strong>we</strong>en property price increases and wagesincreases so that future affordabil<strong>it</strong>y can be ensured. The developmentis expected to get underway in spring 2008 and the diagram belowprovides an overview of how the proposed model would work.6 When the homeowner sells their home, thehomeowner receives the share originally boughtplus a share of the increased value during theperiod of occupation2 Valuation <strong>do</strong>ne5 When homeowner is readyto sell, the property is valuedand offered back to the TrustSha<strong>do</strong>w Board Members of Chipping CLTHow the proposed Brabin’s Trust CLT <strong>will</strong> work3 Eligible applicant purchasesa share in a flat4 The Trust grants a sharedequ<strong>it</strong>y lease for a percentageof the open market place20 Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions21


Cumbria Commun<strong>it</strong>y<strong>Land</strong> <strong>Trusts</strong>Proposed affordable housing for Chipping John McCall, arch<strong>it</strong>ectStakeholder involvementThe Brabin’s Trust recognises the importance of working w<strong>it</strong>h localstakeholders on developments of this type and has received a good dealof support from Great Places Housing Group (GPHG). GPHG has agreedunder a service level agreement to assist in meeting pre-developmentcosts, act as a development agent, and provide the necessarydevelopment finance for both this and any later phases of housing.The Brabin’s Trust <strong>will</strong> maintain <strong>it</strong>s connection w<strong>it</strong>h the CLT bynominating a proportion of <strong>it</strong>s Directors for election by the membershipas a whole. It is expected that GPHG also <strong>will</strong> be a member of the CLT,as <strong>will</strong> the three parish councils in whose area the Trust operates.The Trust is keen to use a local builder for the scheme as this againrecycles any benef<strong>it</strong> to the local commun<strong>it</strong>y and supports the localeconomy. A local builder has offered to build the scheme for aprice that is significantly below the build costs typically encounteredby GPHG.Ribble Valley District Council has been supportive of the arrangementand has accepted the need for a section 106 agreement w<strong>it</strong>h amortgagee in possession clause that <strong>will</strong> allow the scheme to befinanced and mortgages obtained for the purchasers.Next stepsOnce the in<strong>it</strong>ial CLT is set up the Brabin’s Trust is hoping that ChippingCLT <strong>will</strong> develop some add<strong>it</strong>ional s<strong>it</strong>es in their area of benef<strong>it</strong>, wherethis is felt appropriate. Early plans include the possible conversion of aformer school building to provide local work space for business andperhaps the delivery of a further 20 un<strong>it</strong>s of accommodation to helpmeet the demand for affordable housing identified in recent housingneeds surveys.Tips• Make clear that your scheme is for the benef<strong>it</strong> of the residents’own commun<strong>it</strong>y – this <strong>will</strong> help get local people on board• Make sure that you have someone to drive ideas forward and movefrom contemplation to achievement• Draw on the experiences of others and make use of experts to informthe process• Involve RSLs in the process – they can provide expertise and servicesand may be able to access funding that others cannot• Where possible get the parish council to subm<strong>it</strong> any planningapplications as they only pay half the fees!• An existing Trust may be a firm foundation on which to build.• Negotiating w<strong>it</strong>h a small comm<strong>it</strong>ted local builder may deliver a lo<strong>we</strong>rbuild costContactsPaul Sm<strong>it</strong>hpaul.sm<strong>it</strong>h@absurveyors.co.ukKevin WilliamsAssistant Director of DevelopmentGreat Places Housing Groupkevin.<strong>will</strong>iams@greatplaces.org.uk... 10:1 house price to income is commonIntroductionThe need for affordable housing in Cumbria is a mixed picture. On the <strong>we</strong>st coast, affordabil<strong>it</strong>y is less of anissue, but in the Lake District National Park the ratio of 10:1 house price to income is common - such as inSouth Lakes and Eden - rising to 15:1 in some smaller settlements such as Langdale. The restrictivecommuting abil<strong>it</strong>y across the County is another factor causing these sharp variations. The CumbriaSub-Regional Housing Strategy - wr<strong>it</strong>ten jointly by all the local author<strong>it</strong>ies and connected partners acrossCumbria - called for action on topics such as shared equ<strong>it</strong>y models, asset transfers, Commun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong>and Co-operative models.The village of W<strong>it</strong>herslack and the smaller settlements of Meathop and Ulpha make up the Parish and give<strong>it</strong> <strong>it</strong>s name. In the past large areas of land and property w<strong>it</strong>hin the Parish <strong>we</strong>re owned by a small number offamilies. Today the major<strong>it</strong>y of homes w<strong>it</strong>hin the Parish are now privately owned, while a smaller butsignificant number remain part of larger privately owned estates. The Parish also benef<strong>it</strong>s from local author<strong>it</strong>yand social housing provision. The Parish lies at the southern edge of the Lake District National Park. Locate<strong>do</strong>n e<strong>it</strong>her side of the A590 trunk road approximately 6 miles north east of Grange over Sands (w<strong>it</strong>h access tomainline train services) and 10 miles south <strong>we</strong>st of the Market Town of Kendal.Blea Crag s<strong>it</strong>e22Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions 23


... keeping the un<strong>it</strong>s affordablefor future generationsThe AssetsW<strong>it</strong>herslack CLT was established in 2006 following the completion ofa Parish Plan and housing needs survey undertaken in partnership w<strong>it</strong>hCumbria Rural Housing Trust. The 2006 Housing Needs Survey identifieda need for 23 un<strong>it</strong>s and WCLT began developing s<strong>it</strong>es. In 2007 theyreceived a £10,000 grant from South Lakes District Council (secondhome council tax) which has allo<strong>we</strong>d them to appoint a part timeproject manager for 1 year, pay s<strong>it</strong>e development costs, obtain legaladvice and explore financing options.The prior<strong>it</strong>y s<strong>it</strong>e is Blea Crag. The s<strong>it</strong>e is long and thin s<strong>it</strong>e w<strong>it</strong>h an oldwooden chalet on <strong>it</strong>. It is located bet<strong>we</strong>en two 1960s semi detachedhouses and a detached 1600s house – both owned and rented out bythe local estate. The land is riddled w<strong>it</strong>h scrub and tree saplings; sadlyonly one or two trees are worth keeping which <strong>will</strong> afford screeningfrom the road.The Blea Crag s<strong>it</strong>e <strong>will</strong> be gifted to the CLT by <strong>it</strong>s owner who is oneof the Trustees. In late 2007, an outline planning application wassubm<strong>it</strong>ted for a terrace of 4 un<strong>it</strong>s on the s<strong>it</strong>e. This was approved bythe planning author<strong>it</strong>y in February 2008 subject to the agreement ofthe s106.Another hurdle to overcome w<strong>it</strong>h the s<strong>it</strong>e is the need for potentialhome owners to be “certificated” as eligible by the Lake DistrictNational Park Author<strong>it</strong>y – as yet the protocol for undertaking thisprocess has not be laid <strong>do</strong>wn. The development proposal for the s<strong>it</strong>einvolves 4 self-build un<strong>it</strong>s. Whilst the local selection of the newhomeowners has been made, the technical and financial details of howthe scheme <strong>will</strong> be delivered has yet to be finalized. WCLT is alsolooking at converting non-<strong>do</strong>mestic buildings into affordable housing -this is mainly old farm buildings.The Under One Roof report, published in April 2007, detailed the levelof support available across the county and suggested a way forward inbringing partners together to support commun<strong>it</strong>y-led action.24 Commun<strong>it</strong>y Finance SolutionsThe Under One Roof project has three guiding principles:1 Putting Trust in <strong>Trusts</strong> - through open engagement and education,the project aims to instil in all local stakeholders, confidence in andunderstanding of the anchor organisations looking to delivercommun<strong>it</strong>y-led affordable housing schemes.2 Ensuring Maximum Commun<strong>it</strong>y Input and Benef<strong>it</strong>Schemes supported by the project <strong>will</strong> maximise:-a) commun<strong>it</strong>y engagement at all stages of the delivery of housingprojects, including setting housing prior<strong>it</strong>ies, identifying developments<strong>it</strong>es and agreeing scheme designsb) commun<strong>it</strong>y equ<strong>it</strong>y, e<strong>it</strong>her from sale or rental income, or throughland ownership using the commun<strong>it</strong>y land trust model.3. Innovation & Good PracticeThe project <strong>will</strong> be successful in championing new “f<strong>it</strong> for purpose”approaches and innovative financial models; building links w<strong>it</strong>h andlearning from similar projects throughout the country.The ModelWCLT is a company lim<strong>it</strong>ed by guarantee w<strong>it</strong>h six directors (trustees).It is not registered as a char<strong>it</strong>y. It exists to acquire, own and developland for the benef<strong>it</strong> of the commun<strong>it</strong>y and people of the parishes ofW<strong>it</strong>herslack, Meathop and Ulpha. Membership is open to any residentof the parishes. The trustees have a wide range of skills and experience,including accountancy, property development, archaeology, licensedtrade, IT and agriculture. The trustees range in age from 30 to 50’s,w<strong>it</strong>h people of 20’s and teens being actively sought.The Under One Roof project is lead by Cumbria Rural Housing Trust(CRHT) and Cumbria Commun<strong>it</strong>y Asset & Reinvestment Trust (CART).In January 2008, recru<strong>it</strong>ed a dedicated CLT officer who is employedby CRHT, a Company Lim<strong>it</strong>ed by Guarantee and a char<strong>it</strong>y.Stakeholder InvolvementWCLT is a commun<strong>it</strong>y organisation w<strong>it</strong>h local trustees; is hasestablished strong links w<strong>it</strong>h the local MP.Support from the District Council is good and is reflected in grantsupport and assistance from their Affordable Housing Officer. WCLThas also received support via the Under One Roof project.The activ<strong>it</strong>ies of the Under One Roof CLT worker are guided by aworking group, which in add<strong>it</strong>ion to CRHT & CART, includes localauthor<strong>it</strong>y representatives, the Lake District National Park and Friendsof the Lake District. The project is linked into various other commun<strong>it</strong>ygroups, including Parish Plan working groups and around 5 embryonicCLTs.Next StepsWCLT now needs to agree a su<strong>it</strong>able section 106 planning agreementw<strong>it</strong>h the Lake District National Park Author<strong>it</strong>y. This is likely to be e<strong>it</strong>heron the basis on the Author<strong>it</strong>y’s model agreements or the parties may trya different approach. The Trust <strong>will</strong> be appointing a solic<strong>it</strong>or to lead onthe transactions. The project manager has had her contract extended toprovide support and liaison for and w<strong>it</strong>h the self-builders.Raising the funds for the Under One Roof CLT worker was much harderthan expected – everyone approached acknowledged the need but onlya few <strong>we</strong>re <strong>will</strong>ing to come up w<strong>it</strong>h the money. The decision wastherefore taken project to start w<strong>it</strong>h only one year’s funding. In <strong>do</strong>ingso, the hope is that other local funders <strong>will</strong> step up to the challenge –early signs are encouraging. The future of the project is also linked intothe DTA plans for the “Northern Uplands Affordable Housing” projectwhich teams up w<strong>it</strong>h similar work in Northumberland and NorthPennines (Durham).Tips• “CLT” in a much used phrase w<strong>it</strong>h local author<strong>it</strong>ies – they want tolearn lots about them and ask lots of questions – but if you ask themfor money to fund CLT support their turn silent• Securing a dedicated officer post <strong>will</strong> produce long-term benef<strong>it</strong>s• Communication is King – different parts of local author<strong>it</strong>ies <strong>do</strong>n’tseem to talk to each other – so you may need to <strong>do</strong> the talkingfor them.• Getting and keeping “the commun<strong>it</strong>y” on your side is v<strong>it</strong>al –and takes a lot of work to achieve• Remember building houses is easy, people have been <strong>do</strong>ing <strong>it</strong> sincelong before recorded history began – <strong>it</strong> is just the bureaucracy thatmakes <strong>it</strong> difficult here and now.• Getting through the bureaucracy and technical stuff <strong>do</strong>es require help– some of which you may need to pay for – the key here is find aquick and easy source to pay for the help.• Stay focussed, and use your local and national pol<strong>it</strong>icians to keep theprocess moving - <strong>do</strong>n't be afraid to ask them for help – <strong>it</strong> is by theiractions in response to your asking that you <strong>will</strong> find out who's onyour side.ContactsW<strong>it</strong>herslack Commun<strong>it</strong>y <strong>Land</strong> TrustNick Stanley nick@handstand-uk.comUnder One Roof - Cumbria CLT OfficerAndy Lloyd, Cumbria Rural Housing Trust,andy@crht.org.ukCommun<strong>it</strong>y Finance Solutions 25


NorthumberlandCommun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong>... abil<strong>it</strong>y to deliver affordable housingIntroductionIn 2005, the Northumberland Strategic Partnership commissioned DTZ Pieda Consulting to undertake aHousing Market Assessment for Northumberland. They reported that, “w<strong>it</strong>hout more affordable housingprovision, the housing market in Northumberland <strong>will</strong> result in a vicious circle leading to unbalancedcommun<strong>it</strong>ies w<strong>it</strong>h adverse economic, social and environmental consequences”.Northumberland is possibly unique in the number of commun<strong>it</strong>y led partnerships involved in assetownership - most of them Development <strong>Trusts</strong>. In 2005, 21 of the partnerships came together as a federationand commissioned a report looking at how they could improve their abil<strong>it</strong>y to deliver affordable housing.The commun<strong>it</strong>y trusts include some based in market towns, such as Alnwick and Prudhoe, some in villagessuch as Seahouses, and some in small settlements such as Holy Island and the widely spread hamlets inthe Allendale valley.The development s<strong>it</strong>e in AllendaleThe AssetsAllendale Commun<strong>it</strong>y Housing Ltd – a new Commun<strong>it</strong>y <strong>Land</strong> Trustcreated in 2007 through the determination of two local organisations;Fawside (a development trust) and Allendale Parish Council. The Trust’sfirst project - development of four housing un<strong>it</strong>s – has been madepossible by a local author<strong>it</strong>y asset transfer of land.Sketches of the proposed new buildIn 2006, the Federation of Northumberland Development <strong>Trusts</strong>recru<strong>it</strong>ed an Affordable Housing Officer, whose emphasis wasidentifying and removing barriers to delivery. In 12 months the projecthas worked w<strong>it</strong>h 13 commun<strong>it</strong>y organisations – mainly developmenttrusts - and facil<strong>it</strong>ated the development of 32 housing un<strong>it</strong>s.Holy Island of Lindisfarne Commun<strong>it</strong>y Development Trust has advancedplans for four 3-bedroom houses to rent to island residents. In the past,the Trust was very successful in attracting char<strong>it</strong>able funds to coverpurchase and development costs which together w<strong>it</strong>h the exceptionplanning permission has provided <strong>it</strong>s asset base. Its has secured furtherchar<strong>it</strong>able funds for <strong>it</strong>s next developments and is now working w<strong>it</strong>hThree Rivers Housing Association looking to access Housing Corporationfunding and start construction in mid 2008.The ModelAllendale Commun<strong>it</strong>y Housing Ltd is a company lim<strong>it</strong>ed by Guaranteeand has appointed five local directors. Their plan is to further developboth the const<strong>it</strong>ution and selection of directors in 2008.Holy Island of Lindisfarne Commun<strong>it</strong>y Development Trust is anunincorporated char<strong>it</strong>y run by volunteers embarking on <strong>it</strong>s third housingproject – all properties are rented to island residents at rents below eventhose charged by some housing associations. The Trustees managetheir existing properties and operate their own tenant selection cr<strong>it</strong>eria,where appropriate using outside independent advice. The Trust hasrecognised the need to be incorporated and is exploring options.FONDT is an unincorporated body. The FONDT Affordable HousingOfficer is employed by the Development Trust Association (DTA) whoprovide line management support. The major<strong>it</strong>y of the trusts inNorthumberland are lim<strong>it</strong>ed companies by guarantee and registeredchar<strong>it</strong>ies. All are steered by a set of trustees made up from thecommun<strong>it</strong>y they work in. About 70% employ staff.Stakeholder InvolvementThe FONDT Affordable Housing Officer is guided by a steering groupincluding a DTA and FONDT member, local author<strong>it</strong>y representatives,One Northeast - the Regional Development Agency, the regionalHousing Corporation manager and the rural team at theNorthumberland Strategic Partnership.A key tool in moving CLT activ<strong>it</strong>y forward has been the use of anenablement fund. Awards from the fund <strong>we</strong>re agreed and overseenby the project steering group and supported by direct involvementof the affordable housing officer.In add<strong>it</strong>ion to the work supporting the trustees and partners inAllendale and Holy Island, support has been provided to:-North Sunderland and Seahouses Development Trust - the coastalhousing market is under extreme pressure from investment and secondhomes. NSSDT has worked w<strong>it</strong>h the Parish Council’s of Beadnell andBamburgh to explore options for attracting and developing affordablehousing to the area.An innovative housing options appraisal event in the summer of 2007led to a film highlighting local housing need. It helped to identify anumber of brownfield and exception s<strong>it</strong>e opportun<strong>it</strong>ies for development(potentially delivering 6 un<strong>it</strong>s in Seahouses and 4 in Beadnell). One s<strong>it</strong>ein Beadnell is being presented to the Housing Corporation for funding.Prudhoe Commun<strong>it</strong>y Partnership – another potential asset transferfrom the local author<strong>it</strong>y. The partnership is exploring the financialaspects of acquiring three retail un<strong>it</strong>s w<strong>it</strong>h the possibil<strong>it</strong>y of developingtwo residential un<strong>it</strong>s above the shops.Alnwick Commun<strong>it</strong>y Development Trust - creatively exploringpartnership w<strong>it</strong>h the local author<strong>it</strong>y and potentially a RSL to deliver12 affordable housing un<strong>it</strong>s on a s<strong>it</strong>e in Alnwick. The Trust has alsostarted negotiation on a further s<strong>it</strong>e in Alnwick to accommodate aphased development.Commun<strong>it</strong>y Finance Solutions26 Commun<strong>it</strong>y Finance Solutions 27


Next StepsThe FONDT Affordable Housing project has demonstrated that arelatively small investment of resources can show tangible benef<strong>it</strong>s.Successful delivery is more assured by direct access to:-• drive – an injection of extra capac<strong>it</strong>y and knowledge working alongsidecommun<strong>it</strong>y organisations making things happen• expertise – pulling in the technical help and exploring the options• a wider perspective – drawing on practical examples from the UK• resources – access to small amounts of feasibil<strong>it</strong>y funding toinvestigate ideas, risks and costs at an early stage is a real catalystIn Allendale, Tynedale District Council have agreed a grant of £50,000over 3 years for a CLT worker for Allendale Commun<strong>it</strong>y Housing Ltd -if <strong>it</strong> can be matchedOn Holy Island, the Trust continues to be supported by an independenthousing development officer paid for by the Trust out of their cap<strong>it</strong>alreserves.Whilst, none of the individual projects <strong>will</strong> immediately collapse w<strong>it</strong>hthe w<strong>it</strong>hdrawal of the FONDT officer’s direct support –progress anddeliverabil<strong>it</strong>y <strong>will</strong> be hampered. The Development Trust Associationwho have regarded the FONDT Affordable Housing project as pilot,has now advanced the concept of direct affordable housing supportinto a 3-year bid to Capac<strong>it</strong>y Builders, which together w<strong>it</strong>h direct cashsupport from local author<strong>it</strong>ies using second home council tax, couldsee a wide ranging support package for the “Northern Uplands” –Northumberland, Cumbria & North Pennines (Durham).Tips• Development trust have in place a group of comm<strong>it</strong>ted trustees w<strong>it</strong>ha concern for their commun<strong>it</strong>y, property management experience andexisting financial track records and accounts. Rather than set up newCLTs, these existing organisations - where they exist - can provide asound basis for rapid progress.• Local author<strong>it</strong>ies may be <strong>will</strong>ing to transfer land or vacant buildingsfor affordable housing provision using the CLT mechanism in responseto a <strong>we</strong>ll-argued case which is clearly based in the commun<strong>it</strong>y• A county-wide post can provide help to a lot of individualorganisations and help generate real momentum• Nurture networks – relationships and characters are key to unlockingthe potential of commun<strong>it</strong>ies to deliver. Bang on <strong>do</strong>ors!• Don’t settle for the first offer of help - investigate all possibil<strong>it</strong>iesbefore agreeing partnerships, be that w<strong>it</strong>h developers, social landlordsor support organisations. Compromise is important but so ismaintaining the independence of the commun<strong>it</strong>y to decide.• Borrow from elsewhere - there are masses of existing material; onhousing need surveys, overcoming pol<strong>it</strong>ical/ planning issues,allocations policies and section 106 agreements. Start w<strong>it</strong>h these first,then adapt to the local s<strong>it</strong>uation• Be creative when involving the commun<strong>it</strong>y - <strong>do</strong>n’t expect lots ofpeople to come out to a village hall on a rainy February evening.• Be inclusive and share information.ContactsDavid BrettellHands-on-Help for Commun<strong>it</strong>iesdavid@hands-on-help.co.ukBrian Watson – Independent housing consultantHoly Island of Lindisfarne Commun<strong>it</strong>y Development Trustbewatson@btinternet.comGraham Girvan - DirectorAllendale Commun<strong>it</strong>y Housing Lim<strong>it</strong>edc/o Deneholme The Dene ,Allendale. Hexham,Northumberland NE47 9PXgrahamcgirvan@hotmail.com<strong>Land</strong> for People –supporting CLTs inthe Marches... emphasis on building affordable homesIntroduction<strong>Land</strong> for People (LfP) exists to help commun<strong>it</strong>ies in Wales, Shropshire and the Marches to become moresustainable, w<strong>it</strong>h an emphasis on building affordable homes for local people. It believes that for commun<strong>it</strong>iesto become more sustainable, people living and working in them need access to land, buildings and finance.They also need to be able to make decisions for themselves about how those resources are used anddeveloped for the long-term benef<strong>it</strong> of their commun<strong>it</strong>y which LfP believes can best be <strong>do</strong>ne throughsetting up a commun<strong>it</strong>y land trust.LfP is a not-for-prof<strong>it</strong> lim<strong>it</strong>ed company w<strong>it</strong>h char<strong>it</strong>able objects, governed by people from a wide range oforganisations working in banking, business, commun<strong>it</strong>y development, construction, mutual home ownershipand estate management. It has also registered the <strong>Land</strong> for People Central Commun<strong>it</strong>y <strong>Land</strong> Trust (CLT) asan Industrial and Provident Society for commun<strong>it</strong>y benef<strong>it</strong>, which is recognised by the Financial StandardsAuthor<strong>it</strong>y (FSA) as a sponsoring body able to issue model rules for a CLT and to handle the registrationw<strong>it</strong>h the FSA on behalf of the sponsoring commun<strong>it</strong>y. It can also provide guidance notes on the registrationprocess, a member's handbook and help w<strong>it</strong>h designing and producing the membership share certificates.Nine organisations have used the LfP rules thus far, ranging from one that covers the whole of the countyof Cornwall <strong>do</strong>wn to a CLT for one small village in Powys. LfP works w<strong>it</strong>h commun<strong>it</strong>ies, lan<strong>do</strong>wners and theconstruction industry providing: Help w<strong>it</strong>h housing need surveys, training, support and networking eventsCommun<strong>it</strong>y Consultation in the open air - Beadnell style!Proposed development for Bishop's Castle and district CLTJonathan Greig cCommun<strong>it</strong>y Finance Solutions28 Commun<strong>it</strong>y Finance Solutions 29


... sustainable commun<strong>it</strong>ies are aboutmore than affordable housingJonathan Greig cJonathan Greig cThe Assets<strong>Land</strong> for People is assisting housing projects in Bishops Castle inShropshire; and at Castle Caereinion, Ceinws and Pantydwr inPowys and a range of other less advanced projects. Bishops Castle CLTwas registered in May 2007 and launched at a public meeting on the28th June. As of January 2008 <strong>it</strong> has over 60 members and a board of12 directors to oversee <strong>it</strong>s work. It is steadily working towards <strong>it</strong>s firstdevelopment of 2 one bedroom houses in the centre of the town wherea local resident has agreed to transfer a piece of land behind hisproperty at below market value to enable two affordable 1-bedroomhouses to be built. These <strong>will</strong> be available for rent for local people.Bishops Castle CLT aspires to develop another larger s<strong>it</strong>e on the edgeof the town using exception planning policy and also hopes to provideaffordable workshops to support the development of local business.It is also exploring a role of protected land ownership for uses suchas allotments or commun<strong>it</strong>y woodland. Castle Caereinion Commun<strong>it</strong>y<strong>Land</strong> Trust has secured planning permission for ten new affordablehomes in Castle Caereinion from Powys County Council to help tacklethe severe lack of affordable housing for young and local people.The need for affordable homes in Powys has dramatically increasedfrom 1996 - 2006, w<strong>it</strong>h a 222% increase in the house prices.The scheme involves an exception planning permission and is ownedby a developer w<strong>it</strong>h whom a build price has also been negotiated.<strong>Land</strong> for People has been involved in investigating and arranging forthe use of a “pod” system of off-s<strong>it</strong>e manufacture. The k<strong>it</strong>chen,bathroom, staircase where appropriate and all services are constructedin a factory in Os<strong>we</strong>stry and inserted into the d<strong>we</strong>lling once the timberframe is in place. The metho<strong>do</strong>logy minimises waste, increases theabil<strong>it</strong>y to predict costs accurately, reduces the time on s<strong>it</strong>e (and hencethe interest cost) and uses recycled steel for the frame.Bro Dyfi Commun<strong>it</strong>y <strong>Land</strong> Trust aims to develop an old ForestryCommission depot at Ceinws Camp to provide five or more affordablehomes, workspaces, a children’s play area and a commun<strong>it</strong>y meetingplace. <strong>Land</strong> for People is working w<strong>it</strong>h the Heulfryn RegenerationGroup, the Forestry Commission and the Welsh Assembly to help realizethese plans and the transfer, at forestry value, of the ownership ofpart of the s<strong>it</strong>e to be used for housing to the Bro Dyfi CLT is underway.Elsewhere, the exception planning permission route is being used tocreate the asset. at Pantydwr, where a local lan<strong>do</strong>wner is <strong>will</strong>ing tomake some land available for affordable homes at the edge of thevillage. And Ceredigion County Council is keen to assist in the deliveryof more affordable homes in and around Aberystwyth and they alongw<strong>it</strong>h other local lan<strong>do</strong>wners have suggested possible s<strong>it</strong>es for one ormore affordable housing projects for the Aberystwyth & DistrictCommun<strong>it</strong>y <strong>Land</strong> Trust.The ModelThe <strong>Land</strong> for People Central Commun<strong>it</strong>y <strong>Land</strong> Trust is an Industrial andProvident Society. Its rules include aims related to <strong>it</strong>s role as an umbrellabody which promotes the concept of CLTs and supports the individualCLTs which result across a defined but fairly wide geographical area.As <strong>we</strong>ll as <strong>it</strong>s model I&PS rules for individual CLTs, LfP has a set of modelrules for umbrella CLTs acting in the same way as LfP <strong>it</strong>self <strong>do</strong>es, whichhave been a<strong>do</strong>pted for example by the Cornwall-wide CLT.LfP has successfully raised funds to provide a worker to support for theBishops Castle CLT and other CLTs in Shropshire; and to support CLTs inWales. There is an increasingly large group of CLTs across <strong>it</strong>s area ofoperation which are now preparing to move to the next phase andput their schemes on s<strong>it</strong>e.LfP envisages that in many cases <strong>it</strong> <strong>will</strong> develop the scheme, securingthe necessary finance, and transfer the completed scheme to the localCLT. Both rented and part-equ<strong>it</strong>y schemes are envisaged.LfP sees the organisation of seminars and conferences as an importantpart of <strong>it</strong>s rem<strong>it</strong> and seeks to bring new perspectives to bear.Two recent conferences have focused on build methods includingexamples of low cost sustainable building and off-s<strong>it</strong>e manufacture;and on joining together the shared rural agendas of affordable housing,commun<strong>it</strong>y enterprise and commun<strong>it</strong>y supported agriculture.Stakeholder InvolvementLfP has links w<strong>it</strong>h local government, regeneration partnerships,building societies, housing associations and char<strong>it</strong>able trusts.The Welsh Assembly has <strong>it</strong>self recognised the role CLTs can playand has provided LfP w<strong>it</strong>h revenue supportPowys District Council in particular has been very supportive,providing revenue grants and incorporating commun<strong>it</strong>y land trustsinto <strong>it</strong>s policies as one route to the provision of affordable housing.Next Steps<strong>Land</strong> for People has shown how <strong>it</strong> can both catalyse the formation ofCLTs as at Bishops Castle and how <strong>it</strong> can also be in a pos<strong>it</strong>ion to speakto developers and lan<strong>do</strong>wners to find; and capture opportun<strong>it</strong>ies as theyarise, where the time required to put a CLT in place may result in theopportun<strong>it</strong>y being lost; or the local CLT may lack the experience orexpertise.It has successfully raised finance for <strong>it</strong>s in<strong>it</strong>ial period of operation butneeds to access stable revenue and development income sources inorder to consolidate <strong>it</strong>s pos<strong>it</strong>ion.In the future the intention is that LfP’s members should be mainly theCLTs that have been established together w<strong>it</strong>h the stakeholders, so thatLfP’s mission to create and support sustainable commun<strong>it</strong>ies would bedriven and directed by the commun<strong>it</strong>ies themselves.Tips• innovative build methods can cut the time to complete homes• investing time to explain CLTs and secure high level pol<strong>it</strong>ical an<strong>do</strong>fficer support can pay dividends in the long run• having an umbrella CLT in place can make sure opportun<strong>it</strong>ies arecaptured even if the local CLT has yet to form• sustainable commun<strong>it</strong>ies are about more than affordable housingand an umbrella CLT can help join different agendas together• revenue funding can be obtained nationally, regionally and locallyContactJonathan Brown<strong>Land</strong> for Peoplejonathan@landforpeople.co.ukCommun<strong>it</strong>y Finance Solutions30 Commun<strong>it</strong>y Finance Solutions 31


Policy Development... governance structure which is stableand sustainableSummary of policy issuesThis section summarises the policy issues that have had to be addressed, the resolutions which have beenarrived at and the issues remaining to be addressed.Legal Models for CLTsIssuesCLTs need access to legal models just as proposed housing associations can secure a standard set of rulesfrom the National Housing Federation at a fixed cost, knowing that the rules provide what they require.The legal model should:• provide an organisation which can act for and be accountable to the commun<strong>it</strong>y• provide a governance structure which is stable and sustainable and enables the different individualsand organisations who have come together to form the CLT to be represented appropriately• provide lim<strong>it</strong>ed liabil<strong>it</strong>y (generally a maximum of £1) for <strong>it</strong>s members• include an “asset lock”: the ven<strong>do</strong>r of the land (whether a private individual or a public body), the plannersand the commun<strong>it</strong>y all wish to be assured that the CLTs assets <strong>will</strong> be held in perpetu<strong>it</strong>y for commun<strong>it</strong>ybenef<strong>it</strong>. The history of housing associations both as a result of the right to buy, and the requirement forshared ownership leaseholders to be allo<strong>we</strong>d to buy and sell further shares, has made this an importantissue in rural areas.SolutionsA range of model rules for establishing a commun<strong>it</strong>y land trust is nowavailable from the CLT <strong>we</strong>bs<strong>it</strong>e. The rules are accompanied by guidancefrom Wrigleys Solic<strong>it</strong>ors on choosing the most appropriate model,which is essentially a choice bet<strong>we</strong>en a char<strong>it</strong>able Company Lim<strong>it</strong>ed byGuarantee (CLG) or an Industrial and Provident Society for commun<strong>it</strong>ybenef<strong>it</strong> (I&PS).In the case of both the CLG and I&PS there is a model which allowsa range of classes of member. Chipping have a<strong>do</strong>pted a variant whichallows the Brabin’s Trust who are giving the land to the CLT to putforward nominees to stand for a major<strong>it</strong>y of the Board places butgives the whole membership the right to vote in an election. BucklandNewton have enabled the commun<strong>it</strong>y membership to elect the major<strong>it</strong>yof the Board in their CLG model rules, rather than one third as is moreusual w<strong>it</strong>h housing associations receiving local author<strong>it</strong>y transfers.So far, the CLTs that have chosen to a<strong>do</strong>pt I&PS rules have <strong>do</strong>ne sofor one of two reasons. Some of the CLTs wished to have very widemembership w<strong>it</strong>h all members, from the local author<strong>it</strong>y to an individualin the commun<strong>it</strong>y, having the same voting po<strong>we</strong>r. They may alsospecifically want to bring together people w<strong>it</strong>h a range of interests intoa common organisation where their potential conflicts of interest can bebound together into a common purpose more readily than is the case ina char<strong>it</strong>y. The char<strong>it</strong>able CLG model has been a<strong>do</strong>pted where there isa small group of founders whose aim is to provide a benef<strong>it</strong> for thecommun<strong>it</strong>y and represent of those who may benef<strong>it</strong> through beinghoused is a small minor<strong>it</strong>y.For the planning author<strong>it</strong>y (and the ven<strong>do</strong>r of the s<strong>it</strong>e), the way thelegal form can act to provide an “asset lock” has proved important.The legal models that provide an asset lock are: char<strong>it</strong>able CLGs,which can only pass their assets to another char<strong>it</strong>y w<strong>it</strong>h similar aims;and an I&PS, which can only demutualise through a vote by a 75%major<strong>it</strong>y at successive Extraordinary General Meetings (EGMs).Umbrella CLTA legal model has also been developed by <strong>Land</strong> for People for an“umbrella” CLT which can act across a county or sub region, w<strong>it</strong>hthe option of having individual local CLTs as part of <strong>it</strong>s membership.The main objectives are promoting the CLT model and providinginformation about <strong>it</strong>. Cornwall CLT Lim<strong>it</strong>ed has been set up usingthis model.Still to be resolvedThe Char<strong>it</strong>y Commission has requested information from CLTs seekingregistration about who exactly they plan to house and what the localhousing needs are. It seems that an objective of “housing for thosein necess<strong>it</strong>ous circumstances” <strong>will</strong> not be accepted as by defin<strong>it</strong>ionchar<strong>it</strong>able. The ans<strong>we</strong>rs provided <strong>will</strong> also be placed on the CLT<strong>we</strong>bs<strong>it</strong>e.TenureIssuesMaintaining control over the homes disposed of on a part-equ<strong>it</strong>y basisso that they remain available to future generations of purchasers onre-sale has been of fundamental importance to CLTs.In relation to rented homes, CLTs have been concerned to providerented homes at 67%-75% of open market rents. Those they are tryingto house are often in low paid work and aspire to home ownership anda way of enabling CLT tenants to save for home ownership is needed.SolutionsThe tenure options developed are described in some detail in thepamphlets which have been published w<strong>it</strong>h Tro<strong>we</strong>rs and Hamlins.Where homes are provided w<strong>it</strong>hin the development boundary underan affordable housing cond<strong>it</strong>ion imposed on a larger development,the CLT can use the standard shared ownership lease for flats which is<strong>we</strong>ll-known and understood by mortgage lenders. Houses in the samecircumstances can also use a shared ownership lease w<strong>it</strong>h an equ<strong>it</strong>ymortgage to secure the CLT’s share, provided the CLT is content toallow the part-owner to exercise their rights under the LeaseholdEnfranchisement Act. In this case the CLT would buy further sharesup to 100% and then use the receipt to replace the part-equ<strong>it</strong>y homeby buying and re-selling another home elsewhere in the commun<strong>it</strong>yunder a new part-equ<strong>it</strong>y lease.In the case of exception s<strong>it</strong>es, this is not acceptable and the solutionmost CLTs propose to a<strong>do</strong>pt is sale by way of lease under a Declarationof Trust using proposals from Cobbetts solic<strong>it</strong>ors. The Trust comprisesthe CLT <strong>it</strong>self together w<strong>it</strong>h the purchaser. Leasehold Enfranchisementis inapplicable since the CLT is already both leaseholder and freeholder.Nationwide, Halifax Bank of Scotland and Ecology Building Society haveall agreed in principle to grant mortgages for a lease granted under aDeclaration of Trust.Rented models involve rents of around £85-£130pw for 2- and3-bedroom houses compared to open market rents of around£125-£200pw. Housing associations set aside some £30-£35pwfrom rent to meet management and maintenance costs. Under arent-to-equ<strong>it</strong>y model, proposed by CFS, this would involve a 20 yeartenancy agreement, the CLT <strong>will</strong> only retain £20pw but gives fullrepairing responsibil<strong>it</strong>y to the tenant. This fund then covers buildingsinsurance, and a maintenance fund to meet maintenance costs shouldthe tenant default. If they <strong>do</strong> not, the sum accrued is given to thetenant when they leave to assist them into ownership: or can be usedto move from rent to part-ownership in the same property. The CLTwould aim also to add to any cap<strong>it</strong>al that has been repaid using surplusfrom rental income.Commun<strong>it</strong>y Finance Solutions32 Commun<strong>it</strong>y Finance Solutions 33


Still to be resolvedIt would be preferable for CLTs to be able to use the existing share<strong>do</strong>wnership lease as <strong>it</strong> is already familiar to lenders. Legislation (or aStatutory Instrument) which could exclude CLT homes from theLeasehold Enfranchisement Act is under consideration by Governmentas part of the Housing and Commun<strong>it</strong>ies Bill. Ho<strong>we</strong>ver at the time ofwr<strong>it</strong>ing the intention is to designate the geographical areas wherehomes can be excluded from the Act rather than, as would bepreferable, relating the exclusion to provision by a CLT.Pre-development and development fundingIssuesOnce a s<strong>it</strong>e has been identified, planning permission is needed before <strong>it</strong>can be purchased. A s<strong>it</strong>e survey or trial holes may also be necessary andthere may be issues such as potential flooding or su<strong>it</strong>able vehicle accessto resolve. The CLT <strong>will</strong> also want to keep the commun<strong>it</strong>y informed andthere are costs involved in the consultation process.Any loans to the CLT are inev<strong>it</strong>ably at risk during this period as theland has e<strong>it</strong>her not been bought or <strong>do</strong>es not yet have a value aboveagricultural use w<strong>it</strong>hout the benef<strong>it</strong> of any planning permission.Bank loans are not therefore possible.To date CLTs have relied on char<strong>it</strong>able fundraising or loans providedat risk by <strong>will</strong>ing local author<strong>it</strong>ies (e.g. West Dorset DC) or housingassociations (e.g. Great Places Group).Stage ofdevelopmentActiv<strong>it</strong>iesSupportFundingType and size offinance required1 2 3 4 5Commun<strong>it</strong>y ident<strong>it</strong>iesneed for affordablehousingImaginationFeasibil<strong>it</strong>y/needs work Pre-development work Development OccupationHousing needsCLT technical supportFunding of technicalsupportGrants, equ<strong>it</strong>y,gifts-in-kindVery high risk(>75% loss rate)circa £10,000Professional/technicalwork, inc. businessplan/prospectuswr<strong>it</strong>ingFund professional andtechnical supportGrants, equ<strong>it</strong>y,work a riskHigher risk(50-75% loss rate)£50,000 £100,000Construction projectmanagementBridging financeEqu<strong>it</strong>y (30%)Debt (70%)Building + housingmarket risk£ millionsPropertymanagementLong term financeEqu<strong>it</strong>y (under 30%)Long term debtCashflow + housingmarket risk£ millionsAfter purchase, problems may remain in funding 100% of thedevelopment cost. In part this depends on the form of the section106 agreement as discussed below. Even w<strong>it</strong>h a su<strong>it</strong>able s106 ho<strong>we</strong>ver,the number of lenders <strong>will</strong>ing to provide development finance is lim<strong>it</strong>ed.Some major lenders have taken a policy decision not to lend forproperty development and <strong>will</strong> not even consider whether a particularproposal provides adequate secur<strong>it</strong>y. Others <strong>will</strong> lend but prefer to lenda proportion only which is generally around 70%. Housing associationsand local author<strong>it</strong>ies have again agreed to fill this gap but there isno universal solution available.SolutionThe pioneering phase as set out in the case studies above has helpedto identify a series of activ<strong>it</strong>ies necessary to make CLTs schemes happen,along w<strong>it</strong>h an emerging pattern of needs for financial and non-financialsupport. The nature of these needs (magn<strong>it</strong>ude, financial risk and likelyinstrument) is shown in the bottom row of Diagram 1 below.Diagram 1: activ<strong>it</strong>ies, support and funding to make a CLT happenThe Facil<strong>it</strong>ation Fund is thus an important ingredient in the development of the CLTs which <strong>will</strong> form the “replication phase”.The Fund <strong>will</strong> provide:• pre-development loans which <strong>will</strong> be advanced in stages as the potential for a viable scheme and for an appropriate planningpermission becomes clearer.• development loans, generally around 30% of the total cost, to provide any sums needed beyond what commercial funders <strong>will</strong> providePre-development loans would be advanced following a simple application process, based on an independent assessment that the scheme couldbe viable. Loans would be wr<strong>it</strong>ten off if the scheme <strong>do</strong>es not proceed. Schemes that <strong>do</strong> proceed would repay to the fund plus a 20% premiumpayment which is intended to maintain the fund at the same level (although <strong>it</strong> is likely to see some excess wr<strong>it</strong>e-offs in the in<strong>it</strong>ial period).Development loans would be available at an interest rate of around 6.5%-7%.Still to be resolvedA fund of £2m is in prospect but a total fund of at least £5m - £10m is needed to give CLTs across the country the confidence that their schemecould be financed.34 Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions 35


Section 106 agreementsIssuesThe section 106 agreement bet<strong>we</strong>en the local planning author<strong>it</strong>yand the CLT is the <strong>do</strong>cument which is used to prevent the homesever becoming available on the open market and instead keep themaffordable to people in the local commun<strong>it</strong>y. These are aims theCLT (and the ven<strong>do</strong>r of the land) would also wish to see.Ho<strong>we</strong>ver the section 106 can create problems when raising financeto build the scheme and when the CLT is seeking to raise a long termmortgage to be repaid for rents. There may also be a problem w<strong>it</strong>hindividual mortgages for part-purchasers. The providers of financewould like a clause included in the section 106 which states that theelements of the agreement which are intended to maintain affordabil<strong>it</strong>y<strong>will</strong> not apply to a mortgagee in the event that any finance agreementis in default and the mortgagee has had to enter into possession.This “mortgagee in possession” clause provides the mortgagee w<strong>it</strong>hnear certainty that their loan is secure. Local planning author<strong>it</strong>ies(and ven<strong>do</strong>rs of land), while appreciating that the clause is needed tosecure finance, sometimes refuse to countenance <strong>it</strong> as <strong>it</strong> leaves a smallchance of some homes reaching the open market in the future.The other issue where a conflict may arise is in relation to clauses inthe section 106 which are intended to lim<strong>it</strong> occupation to local people.Mortgagees require that after a maximum period, the property maybe offered to anyone who cannot otherwise afford to buy irrespectiveof where they currently live, to make sure re-sale is not unacceptablydelayed.Section 106 agreements are often also used to enforce the basis onwhich applicants for any vacant homes are given prior<strong>it</strong>y which canlead to agreements becoming very complex.SolutionsThe Department for Commun<strong>it</strong>ies and Local Government has available amodel s106 agreement and the accompanying guidance acknowledgesthat a mortgagee in possession (MIP) clause may be needed.Local planning author<strong>it</strong>ies are not required to follow the guidance,ho<strong>we</strong>ver, and many remain implacably opposed to MIP clauses.Where this is the case, there are three possibil<strong>it</strong>ies to consider to obtainnecessary funding:• 100% development finance is unlikely to be obtainable but 50-75%may be. The Facil<strong>it</strong>ation Fund referred to above can bridge the gap;or housing associations may be <strong>will</strong>ing to through on lending.• long term finance repaid from rents may still be available providedthey are 67%-75% of open market rents so that there is a marginto recover greater income in the event of default• mortgages for individual purchasers may still be available based on thesecur<strong>it</strong>y provided by the share of value purchased alone. Ho<strong>we</strong>ver thechoice of mortgagee is likely to be lim<strong>it</strong>ed and mortgages may notfund 100% of the share purchased unless an insurance policy is takenout.Another alternative is to specify in the section 106 agreement that anymortgagee in possession must co-operate w<strong>it</strong>h the CLT and the localauthor<strong>it</strong>y in order to ensure the home remains as affordable as possible.Ho<strong>we</strong>ver this <strong>do</strong>es not provide full certainty.CLTs must decide at what percentage of open market value the housesshould be sold. This often depends on local circumstances and thecircumstances of the individual homebuyer, but some clar<strong>it</strong>y is neededin the section 106 agreement. CLTs are often seeking to sell part-equ<strong>it</strong>yshares of £60k-£120k to meet the needs of lo<strong>we</strong>r income households.Some households may have cap<strong>it</strong>al from an inher<strong>it</strong>ance or other sourceseven if their income is low. Others may buy a 25% share but aspire tobuy another 25% when their income improves. A blanket requirementto sell as a particular percentage of value may be unhelpful. On theother hand allowing all sales to be at up to, say, 80% of value couldprovide developers w<strong>it</strong>h a loophole to develop what is virtually openmarket housing. The solution a<strong>do</strong>pted is to rely in large part on theCLT’s legal form and intention and to use a loose 80% ceiling on themaximum equ<strong>it</strong>y that can be sold on any property, combined w<strong>it</strong>h anagreement to make the first sales starting at 40% and not exceeding,say, 65% of value.The requirement to house local people has generally been satisfactorilyresolved w<strong>it</strong>h a “cascade” clause which prior<strong>it</strong>ises successively residentsof the local parish, follo<strong>we</strong>d by residents the surrounding parishes andthen the county. Specific allocation policies have generally beenexcluded from section 106 agreements, instead a deadline is set fora policy to be agreed bet<strong>we</strong>en the parties.... extra costs andcomplex decisionsDepartures from the Local PlanException s<strong>it</strong>es have been the main method used by CLTs to obtain landfor affordable housing. These are s<strong>it</strong>es adjacent to commun<strong>it</strong>ydevelopment boundaries. Ho<strong>we</strong>ver, in the new planning system base<strong>do</strong>n Local Development Frameworks, the possibil<strong>it</strong>y of “departures” hasbeen brought in, where a development is agreed as what is in effect avariation to the Local Plan not an agreed departure from <strong>it</strong>. Departureshave greater potential in that they could be used to meet a wider rangeof identified local needs which might include homes for sale wherethere is a demand but no supply. One example might be in providingsmall convenient homes for older people wishing to ’<strong>do</strong>wn-size’ butstay in the commun<strong>it</strong>y, or small homes for first time buyers.If CLTs can provide the key to a departure s<strong>it</strong>e being agreed, they couldpotentially make schemes more affordable by cross-subsidising fromother homes being sold outright. Ho<strong>we</strong>ver <strong>it</strong> is more likely that themore valuable planning approval <strong>will</strong> be the factor which persuadesthe owner of the land to sell <strong>it</strong>, but at an enhanced price.Still to be resolvedMany local author<strong>it</strong>ies have been keen to invent their own approachto s106 agreements rather than following Commun<strong>it</strong>ies and LocalGovernment guidance. Approaches include requiring sales to be at amultiple of local wages as determined by an annual statistics, publishe<strong>do</strong>ften qu<strong>it</strong>e retrospectively by the county council; or a ceiling figure onthe first sales which, when not accompanied by a size requirement,has led to small d<strong>we</strong>llings being developed. Some require theinvolvement of the planning author<strong>it</strong>y on each re-sale.Mortgage providers are faced w<strong>it</strong>h extra costs and complex decisionsgiven this range of options and would very much prefer to see astandard model.It <strong>will</strong> help if a standard form of s106 agreement is a<strong>do</strong>pted wherevera CLT is involved. This would be one in the form discussed above andavailable on the CFS <strong>we</strong>bs<strong>it</strong>e w<strong>it</strong>h a mortgagee in possession in clause.There may also be a case for one w<strong>it</strong>hout the MIP clause whichdisadvantages the potential purchasers in restricting the availabil<strong>it</strong>yof mortgages but can nevertheless be made to work.Resale formula and mortgage offersIssueCLTs wish to make sure the part-equ<strong>it</strong>y homes they offer are affordablein perpetu<strong>it</strong>y, not just to the first purchasers but to subsequentpurchasers too.Conventional shared ownership has often failed to achieve this forthree main reasons:• first, because purchasers have a right to buy further shares in theproperty. Until recently the lease had to allow purchase up to 100%ownership. In rural areas housing associations are now allo<strong>we</strong>d tolim<strong>it</strong> the maximum percentage purchased to 80% but 80% of openmarket value is often <strong>we</strong>ll beyond the reach of the potential buyersthe CLT wants to help.• secondly, because although the proceeds from staircasing sales accrueto the housing association, an affordable home is rarely re-providedas a matter of policy in the same commun<strong>it</strong>y• thirdly, because the value of the homebuyer’s share rises w<strong>it</strong>h therise in property values. If property values rise faster than wages,the homes becomes less affordable on re-sale, even if no staircasingoccurs.Examples of s106 agreements are available on the CFS <strong>we</strong>bs<strong>it</strong>e.Commun<strong>it</strong>y Finance Solutions36 Commun<strong>it</strong>y Finance Solutions 37


... development expertise andfinancial strengthSolutionThe sale by lease under a Declaration of Trust enables the CLT to refusea request to buy further shares in the home. It may nevertheless wishto give consent if by agreeing to <strong>do</strong> so the CLT can release some equ<strong>it</strong>yand use this to enable another of <strong>it</strong>s properties to be sold at a reducedand more affordable share.Because the CLT is small and locally based, any receipts <strong>will</strong> be reused tomeet local needs rather than assisting in new developments which maybe in a completely different area.Still to be resolvedCLTs have also wanted to draw on the models used in the Un<strong>it</strong>ed Stateswhere re-sale formulas are common practice. Typically, the part-ownerreceives 25% of the growth in the value of their share of the property.Unless values rise four times faster than wages, the property thenbecome more affordable on each re-sale – or at least the CLT has thatoption.There are two ways in which resale formulas retain affordabil<strong>it</strong>y:• by linking the value of the share once purchased to the averageearnings index.• or by lim<strong>it</strong>ing the growth in value to a percentage - perhaps 50% -of one of the property value indices for the region (e.g. thatprovided by Nationwide Building Society)Lenders have expressed an un<strong>will</strong>ingness to consider these options.The value of the secur<strong>it</strong>y they hold as against the total loans made canbe readily updated for accounting purposes if all properties are enteredinto their database at current value and updated by the index.Properties where the secur<strong>it</strong>y cannot be updated in this way wouldneed to be identified and treated differently.A dialogue has been begun on this issue w<strong>it</strong>h some key lenders,notably HBOS and Ecology Building Society but is some way fromresolution.Housing allocationsIssueCLTs are set up in response to an identified need for affordable housing.Particular concerns are often young people – single people and youngcouples especially - who are leaving the commun<strong>it</strong>y because housing isunaffordable. The CLT advocates may also be concerned that the schoolroll is declining as a consequence and that local employers are unable tofind people who can take jobs at the wages offered because they havenowhere to live.Single people and couples are ho<strong>we</strong>ver the groups who have the fe<strong>we</strong>stopportun<strong>it</strong>ies of securing social housing. CLT prior<strong>it</strong>ies often <strong>do</strong> nottherefore coincide w<strong>it</strong>h local author<strong>it</strong>y housing strategy prior<strong>it</strong>ies whichare likely to be focused on housing need as measured by homelessness,overcrowding or poor cond<strong>it</strong>ions. Choice-based lettings and locallettings policies are now generally in place which can bring some ofthese other factors into play. But <strong>it</strong> may still be a strong concern ofthe CLT to have a say in how prior<strong>it</strong>ies are decided when allocating thehomes they produce.On the local author<strong>it</strong>y side, and this is a policy concern at Governmentlevel too, there may be a perception that CLTs are seeking to excludepeople on the lo<strong>we</strong>st incomes or those w<strong>it</strong>h social problems who needadd<strong>it</strong>ional support.SolutionsCLTs and housing associations have generally been able to find a waythrough these issues which is acceptable to both parties, assisted bythe fact that rural affordable housing in virtually all cases is only agreedwhere is intended specifically to meet local not district-wide needs.In essence they are based around recognising that the local housingauthor<strong>it</strong>y clearly is best placed to determine relative prior<strong>it</strong>ies from thepoint of view of housing need and to find a way to bring this togetherw<strong>it</strong>h the add<strong>it</strong>ional factors that apply w<strong>it</strong>h a CLT scheme: localconnection through an existing or new job (which provides a route forpeople new to the commun<strong>it</strong>y), local connection from current or pastfamily ties and abil<strong>it</strong>y to afford the CLT rent or part-equ<strong>it</strong>y terms.Examples of such allocation policies are available on the CFS <strong>we</strong>bs<strong>it</strong>e:• at High Bickington, the council have accepted that the CLT’s policyapplies appropriate cr<strong>it</strong>eria and <strong>will</strong> take proper account of housingneed which means they are content to mon<strong>it</strong>or the application ofthe policy in retrospect• at Buckland Newton all applicants must first put themselves on thelocal author<strong>it</strong>y housing register; the CLT <strong>will</strong> decide who should begiven prior<strong>it</strong>y using a range of cr<strong>it</strong>eria related to need and localconnection bet<strong>we</strong>en those who are apply for housing and on the list,which <strong>will</strong> be provided by the local author<strong>it</strong>y; and the local author<strong>it</strong>yis then informed to whom <strong>it</strong> is proposed to make offers and given aperiod to disagree.Still to be resolvedConcern continues to be voiced about a CLT’s potential bias if <strong>it</strong>operates outside the normal local author<strong>it</strong>y wa<strong>it</strong>ing list system, evenif the housing is not supported w<strong>it</strong>h social housing grant and has beenprovided through planning po<strong>we</strong>rs to respond to an identified localneed. Once some more schemes are in place, an evaluation study<strong>will</strong> be needed to draw out the details of who the scheme helpedand the extent to which the processes used <strong>we</strong>re fair and transparent.There is also a potential long term role for the CFS <strong>we</strong>bs<strong>it</strong>e in to enableaccess to model allocation policies.Char<strong>it</strong>able and other fundingIssuesCLTs need to recover the cost of their scheme from the sale of equ<strong>it</strong>yand from long term loans they take out which can be repaid from rents.This provides a tight equation and desp<strong>it</strong>e careful cost control theremay be a gap bet<strong>we</strong>en cost and income which has to be bridged.CLTs have successfully raised char<strong>it</strong>able or other support (for exampleSecond Homes Tax) to cross this bridge. It would be helpful to themif there <strong>we</strong>re a fund available to which they could apply.SolutionsIndividual CLTs have solved this problem w<strong>it</strong>h a range of grants fromlocal and national char<strong>it</strong>ies; from local author<strong>it</strong>ies; from DEFRA Ruraland Social fund; and from the commun<strong>it</strong>ies themselves.The Facil<strong>it</strong>ation Fund <strong>will</strong> provide a route for making applications tothe char<strong>it</strong>ies involved in creating the fund but the scale of the demandmeans that a common solution for all CLTs is not yet in reach.Still to be resolvedThe Government, through the Housing Corporation, had indicated thatCLTs <strong>will</strong> be able to access Social Housing Grant (SHG) via a RegisteredSocial <strong>Land</strong>lord (RSL). This is still an option but the Housing andCommun<strong>it</strong>ies Bill makes <strong>it</strong> clear that any rented homes funded <strong>will</strong> haveto be subject to the same regulation and the same requirements as RSLswhich is likely to be impractical for a small newly formed CLT.Agency support optionsThe project has sought to explore how housing associations mightsupport rural CLTs and also to look at other models of how CLTs canbe supported, especially w<strong>it</strong>h technical expertise around finance anddevelopment. Four types of support organisations can be distinguished:a. housing associationsb. development trustsc. county-wide umbrella CLTsd. a national body of expertise (CFS <strong>it</strong>self)Housing associationsHousing associations have been encouraged to form themselves intolarge development consortia which undertake new home developmentsacross a wide area. They use their development expertise and financialstrength to identify opportun<strong>it</strong>ies to acquire land and property and inmany cases have now also become property developers in compet<strong>it</strong>ionw<strong>it</strong>h the private sector.CLTs are small, local providers who must rely on low land cost and lowbuild costs to make their schemes affordable for those they are tryingto help. They <strong>do</strong> not have access to opportun<strong>it</strong>ies for economies ofscale but may be able to a<strong>do</strong>pt procurement methods which keep costs<strong>do</strong>wn in other ways. For example, unlike RSLs, they have the free<strong>do</strong>mto use a small local contractor or to decide not to have the access roadbuilt to a<strong>do</strong>ptable standards. Self-build may be used to keep the costof the first homes <strong>do</strong>wn.Housing associations can therefore assist CLTs in two ways:1 By passing housing they have developed to a CLT at a cost thatenables the CLT to meet the target needs. This depends ho<strong>we</strong>ver onthe housing association giving up an opportun<strong>it</strong>y to meet the needsof target groups and foregoing a low cost opportun<strong>it</strong>y which couldhelp in achieving the Housing Corporation’s target cost per home.Commun<strong>it</strong>y Finance Solutions38 Commun<strong>it</strong>y Finance Solutions 39


... identifying opportun<strong>it</strong>iesfor some 60 homes2 By providing development expertise; by meeting, by on-lending, theCLT’s pre-development , development and long term finance needs;and by providing advice on the choice of professional team and longterm management.Housing associations are often char<strong>it</strong>ies or Industrial & ProvidentSocieties for commun<strong>it</strong>y benef<strong>it</strong> that have the provision of affordablehousing as their stated aim. They also ho<strong>we</strong>ver have tough businessprior<strong>it</strong>ies to meet.In consequence of these pressures, <strong>it</strong> is by no means all housingassociations who are interested in supporting CLTs: <strong>it</strong> meets their“business case” only where supporting local commun<strong>it</strong>ies and especiallyrural commun<strong>it</strong>ies is part of their aim as an organisation.Where this has been the case the support has been considerable.For example:• Great Places group have financed all the pre-development costs ofChipping CLT’s scheme, and have agreed in principle finance fordevelopment and the long term, as part of a stated policy to supportrural commun<strong>it</strong>ies.• Devon and Cornwall Housing Group are supporting CLTs in Devonportand South Hams and are working to establish Devon-wide support.• Magna Housing Association have provided support to CLTs in Dorset,Devon and West Somerset and have seen <strong>it</strong> as providing some usefullessons and alternative approaches which can f<strong>it</strong> into their overallbusiness. Pro bono development expertise has been made availableand access to fee scales agreed w<strong>it</strong>h professionals on Magna’sprogramme.• Synergy Housing Group have offered to finance Worth MatraversCLT’s costs insofar as bank loans cannot be secured for the fulldevelopment cost.• Three Rivers Housing Association have offered their developmentand finance experience to CLTs in the North East.• Cornwall Rural HA’s support across Cornwall has made their skillsavailable across the county as discussed further below.This is not an exhaustive list, but <strong>it</strong> illustrates that housing associationsupport for CLTs <strong>will</strong> be based around the comm<strong>it</strong>ment of a selectedgroup rather than something all housing associations may aspire toprovide.In urban areas the s<strong>it</strong>uation is different as CLTs may be seen as anessential component of the scheme in order to engage the commun<strong>it</strong>y.Development <strong>Trusts</strong> in NorthumberlandDevelopment trusts are very diverse, but they share an aim to respondto local social, economic and environmental needs in whatever way isseen to be possible and appropriate securing a mix of private and publicfunds. Housing has been part of their portfolio in some cases, but notoften.As part of this pilot study, the Development <strong>Trusts</strong> Association securedfinance for the Federation of Northumberland Development <strong>Trusts</strong>(FONDT) to employ a county-wide worker to assist in developingaffordable housing, mainly through development trusts. The project hasbeen very successful, identifying opportun<strong>it</strong>ies for some 60 homeswhich would <strong>do</strong>uble the existing rural affordable housing provision.The project has been able to show the advantage of having localcommun<strong>it</strong>y-based organisations w<strong>it</strong>h a concern for the needs of theirspecific local<strong>it</strong>y and a <strong>will</strong>ingness to take direct action.W<strong>it</strong>h the recent offer of help from Three Rivers Housing, the projecthas even more potential to deliver successful outcomes.County-wide “umbrella” CLTsCLT projects in Cornwall have been supported through CornwallCommun<strong>it</strong>y <strong>Land</strong> Trust set up by Cornwall Rural Housing Association(CRHA). Desp<strong>it</strong>e <strong>it</strong>s small size, CRHA has an increasing role in thecounty in spending both social housing grant and funds from SecondHomes Tax to deliver affordable rented homes across the county.The CLT has enabled <strong>it</strong> to add intermediate market housing. W<strong>it</strong>h theactive support of both county and district councils, a substantial forwardprogramme of schemes has been taken forward, including a self-buildscheme.<strong>Land</strong> for People, which operates across Shropshire and Powys,has similarly been able to identify a significant and increasing numberof opportun<strong>it</strong>ies where CLTs could be formed. They have had tofundraise from a range of sources to meet their costs and while theircommun<strong>it</strong>y and local author<strong>it</strong>y links have been strong, they have nothad ready access to financial expertise.The FONDT project described above is another example of acounty-based approach.Support by Commun<strong>it</strong>y Finance Solutions and WessexReinvestment Trust.As part of this pilot project, CFS and WRT has provided direct supportto CLTs in Holsworthy, High Bickington, Buckland Newton and to otherpilot projects highlighted in the case studies. The support has helpedthe CLTs reach their present pos<strong>it</strong>ion: but the level of support has beenconsiderable for the lim<strong>it</strong>ed number of schemes involved anddissemination to other parts of the area where they have beenestablished has been slow.Design and specification of d<strong>we</strong>llingsThe needs identified by CLT may include some households on incomesof £30,000 or even higher but more often most households in work areearning much less than this. The CLT faces a considerable challenge inbuilding the homes that are needed at a cost which can be afforded.Increasingly <strong>it</strong> is a strong aspiration of the commun<strong>it</strong>y to also buildhomes to high environmental standards, both to cut carbon emissionsand to make sure the homes built are affordable to run as <strong>we</strong>ll as tobuy or rent. Higher environmental standards can mean higher costs,especially if the aim is to go further and achieve carbon neutral<strong>it</strong>y byincluding local renewable energy generation.CLTs also face cost uncertainty until such time as a scheme is designedand a build price obtained from a contractor. Not knowing what thescheme <strong>will</strong> cost can mean <strong>it</strong> is not clear if <strong>it</strong> is worth taking the schemeforward, as the CLT <strong>will</strong> only wish to proceed if the identified needs canbe met,.All these problems could be tackled if CLTs had available to them astandard design just as major housebuilders develop standard designsto keep their costs <strong>do</strong>wn. Two approaches have been developed in thispilot.1 ARCO2ARCO2 arch<strong>it</strong>ects are a small firm of arch<strong>it</strong>ects based in Bodmin.They have been designing a range of buildings to high environmentalstandards using local and recycled materials where possible. A numberof successful school extensions have been built which <strong>we</strong>re achieved<strong>we</strong>ll below budget. As a result ARCO2 have established a partnershipw<strong>it</strong>h Dorset Centre for Rural Skills who are promoting the use oftrad<strong>it</strong>ional methods such as lime mortar and local materials.Both Buckland Newton CLT and Worth Matravers CLT appointed ARCO2as arch<strong>it</strong>ects for their scheme w<strong>it</strong>h a brief to achieve a design to both alow cost and high environmental specification using straw as a localmaterial for insulation. In response ARCO2 developed a timber framedesign which incorporates f<strong>it</strong>ted panels insulated w<strong>it</strong>h e<strong>it</strong>her straw ofwool, both of which are available locally. The panels are made off s<strong>it</strong>e ina nearby warehouse, providing local employment. Buckland Newton CLTsecured funding from West Dorset District Council and Carnegie Trustfor the manufacture of a prototype. Building regulation approval hasbeen confirmed and BuildZone <strong>will</strong> provide 10 year guarantees forpurchasers.The method allows some flexibil<strong>it</strong>y to extend and 2- 3- and 4-bedroomhomes have been designed to good space standards (75m2, 100m2and 125m2) and very high levels of insulation. A build cost per homeexcluding infrastructure of £68,000-£75,000 appears achievablealthough prof<strong>it</strong> margins may need to be higher in a fully commercialenvironment. This cost includes add<strong>it</strong>ional environmental elements suchas solar water heating and rainwater collection. The homes are nowunder construction at the two locations and once completed details <strong>will</strong>be made more widely available.2 <strong>Land</strong> for People: “Pods” scheme<strong>Land</strong> for People has identified an approach to building which enablesreliable costs to be forecast, reduces design fees, incorporates highenvironmental standards and can be built quickly to meet pressing localneeds. Total construction time is estimated at 4 months. Discussions<strong>we</strong>re held w<strong>it</strong>h a local manufacturer of “pods”, which provide theservice element of a house including the k<strong>it</strong>chen and bathroom in asteel frame. A range of design options are available including a2-storey version w<strong>it</strong>h the k<strong>it</strong>chen and staircase at the lo<strong>we</strong>r level andstaircase and bathroom at the upper level.<strong>Land</strong> for People’s first scheme to use the method <strong>will</strong> be at CastleCaereinion in Powys. (see case studies)Commun<strong>it</strong>y Finance Solutions40 Commun<strong>it</strong>y Finance Solutions 41


Replication through bestpractice and recommendationsNational scheme next stepsThe current pos<strong>it</strong>ion is that the CLT National Demonstration programme is at the cusp of moving from experimentation to early replication.This is diagrammatically set out belowDiagram 1 Reaching the market and achieving scaleIdeaExperimentation(Innovation/Refinement)Early replication(Innovation/Refinement)Best practiceStandardisation Infrastructure building Wide scale roll-out ScaleThe national scheme to dateThe rural national demonstration project has aimed to establish CLTs in rural areas and to develop thecapac<strong>it</strong>y of housing associations to support them. More specifically the project has, since <strong>it</strong>s inceptionin September 2006 : -• Appraised 15 potential projects and held two pract<strong>it</strong>ioners’ workshops in April and December 2007;• Supported exemplar groups in at least 7 different rural counties to develop their capac<strong>it</strong>y as pioneeringCLT projects• Helped to develop cross-party pol<strong>it</strong>ical support;• Developed proposals for a legal defin<strong>it</strong>ion of CLTs for inclusion in the Housing and Regeneration Bill;• Sought to overcome the conflict bet<strong>we</strong>en a CLT’s objectives and the provisions of the Leasehold ReformAct 1967.• Urged government to make Commun<strong>it</strong>y Housing Grant available to CLTs through the Housing Corporation;• Facil<strong>it</strong>ated the practical involvement of 6+ housing associations;• Proposed that a Facil<strong>it</strong>ation Fund of £5m be established for CLTs• Organised in conjunction w<strong>it</strong>h New Start magazine a CLT National Conference in April 2007 anda forthcoming event in April 2008 at which this report <strong>will</strong> be launched.• Promoted the ongoing use of the CLT <strong>we</strong>bs<strong>it</strong>e and portal.To mainstream CLTs to scale and start to create a ‘movement’ of layand professional pract<strong>it</strong>ioners <strong>will</strong> require further replication both inthe seven pioneering case study areas and throughout rural Br<strong>it</strong>ain.One of the keys to ‘lift-off’ is a cr<strong>it</strong>ical mass of activ<strong>it</strong>y but to achievethis, a number of key interventions <strong>will</strong> also be required.Carnegie UK Trust have indicated that they are to support thecontinuation of the CLT rural national demonstration project whoseaims for the next year can be summarised as follows :-• To accelerate the implementation of CLTs through the establishmentof the CLT Facil<strong>it</strong>ation Fund and other relevant interventions as listedin the section ‘commun<strong>it</strong>y–led involvement’ below• To continue to develop model structures and instruments to enablethis to happen as set out in the policy comparisons section set outabove.• To embed the CLT Model in policy and practice particularly inproviding information through the <strong>we</strong>bs<strong>it</strong>e/guides.Many commun<strong>it</strong>ies have aspirations to develop affordable housingand indeed other commun<strong>it</strong>y–led in<strong>it</strong>iatives e.g. energy projects butare unaware of the possibil<strong>it</strong>y of forming a land trust. This project in<strong>it</strong>s replication stage <strong>will</strong> champion commun<strong>it</strong>y driven solutions,to demonstrate the wider applicabil<strong>it</strong>y of commun<strong>it</strong>y land ownershipand specifically to promote the CLT mechanism. Commun<strong>it</strong>y FinanceSolutions is hopeful of further developing a learning network and the<strong>we</strong>b s<strong>it</strong>e www.commun<strong>it</strong>ylandtrust.org.uk to support commun<strong>it</strong>ies intheir aspirations for commun<strong>it</strong>y asset ownership.42 Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions 43


... foundation stone for othercommun<strong>it</strong>y activ<strong>it</strong>iesCommun<strong>it</strong>y-led involvementAt a pol<strong>it</strong>ical level, all three major parties at Westminster haveadvocated the need for commun<strong>it</strong>ies to take action to solve localproblems. By defin<strong>it</strong>ion CLT schemes can achieve rural homes torent/disposal by shared equ<strong>it</strong>y that are supplementary to those providedby housing associations; they can also be the foundation stone for othercommun<strong>it</strong>y activ<strong>it</strong>ies. The challenges to achieving replication of thepioneering schemes listed in the previous paragraph and start to achievescale fall under five main headings:-(a) Commun<strong>it</strong>y entrepreneursCLTs are currently being established on an ad-hoc basis but a commoningredient is lay-led leadership by local people who are comm<strong>it</strong>ted tomaking a difference in their commun<strong>it</strong>y. To succeed, they need to begiven practical support and encouraged to overcome the obstacles that,inev<strong>it</strong>ably, <strong>will</strong> need to be negotiated along the way.(b) <strong>Land</strong> availabil<strong>it</strong>yThe pioneering CLT projects have acquired land/property assets in anumber of ways. These include exception s<strong>it</strong>es for rural affordablehousing, commuted sums from developers’ planning agreements andthe transfer of public assets. It is important to publicise these successfulin<strong>it</strong>iatives as this <strong>will</strong> persuade other rural lan<strong>do</strong>wners to similarlyprovide land and property.(c) Robust legal models to protect a trust’s assets in perpetu<strong>it</strong>yThe existing CLT projects have been using legal and financialarrangements that are not designed for them. There is a need tointroduce specific legal and financial frameworks for CLTs if they areto flourish. The most important requirements are to establish:-i) a legal defin<strong>it</strong>ion of CLTsii) a mechanism to safeguard the CLTs ownership and use of buildingin perpetu<strong>it</strong>y against leasehold enfranchisement by individualoccupiers. These are currently both subject to consultation w<strong>it</strong>hgovernment and <strong>it</strong> is hoped that both can be resolved in forthcominglegislation. If not a second best solution <strong>will</strong> need to be designedutilising the experiences of the pioneering CLT projects.(d) Technical capac<strong>it</strong>yLay people involved in the leadership of CLTs may be too busy and/ornot have the skills to be confident in managing the physicaldevelopment process. The combination of leadership and technicalcapac<strong>it</strong>y gives the context and motivation to provide rural housing.Appropriate human capac<strong>it</strong>y can be achieved in a number of waysincluding the direct recru<strong>it</strong>ment of dedicated staff for individual CLTSor for a cluster of CLTs such as the examples in Cornwall andNorthumberland. A practical alternative is not to employ staff directlybut to engage a housing association Housing associations alreadyhave staff w<strong>it</strong>h the necessary physical development expertise.(e) FundingResources <strong>will</strong> be required from the private, public and voluntarysectors to:• Help finance the rental housing that CLTs produce.• Build the capac<strong>it</strong>y of the CLTs themselves and in particular, providepre-development finance to work-up the feasibil<strong>it</strong>y of developingprojects.• Meet the development finance costs of projects on s<strong>it</strong>e which, formany CLTs, <strong>will</strong> be their first scheme being promoted by people w<strong>it</strong>hl<strong>it</strong>tle or no track record.To kick start this process the demonstration project is, therefore,seeking to establish a Facil<strong>it</strong>ation Fund for CLTs.Recommendations – Action in the futureRecommendation to:-Government:-• Recognise the capac<strong>it</strong>y of rural commun<strong>it</strong>ies to develop affordable‘intermediate market’ housing projects that are supplementary andcomplementary to mainstream provision.• Include a legal defin<strong>it</strong>ion of CLTs in legislation at the earliestopportun<strong>it</strong>y.• Include a mechanism to amend the Leasehold Reform Act 1967 tosafeguard a CLT’s ownership and use of buildings in perpetu<strong>it</strong>y againstleasehold enfranchisement by individual occupiers.• Provide a threshold below which small organisations receivinglim<strong>it</strong>ed social housing grant for commun<strong>it</strong>y led rented and part-equ<strong>it</strong>yschemes are not subject to ongoing regulation and control.Housing Corporation:-• Promote commun<strong>it</strong>y-led affordable housing projects in rural Englandas a separate complementary affordable housing in<strong>it</strong>iative.• Utilise existing po<strong>we</strong>rs to make grants and or loan finance availableto commun<strong>it</strong>y-led housing providers.Local author<strong>it</strong>ies:-• Promote commun<strong>it</strong>y-led affordable rural housing projects utilisingthe CLT mechanism as an alternative to housing association provision.• Encourage local planning author<strong>it</strong>ies to grant exception planningpermissions on schemes utilising the CLT mechanism.• Encourage the drafting of housing allocation statements that setlocal housing need prior<strong>it</strong>ies acceptable to both the CLT and thelocal author<strong>it</strong>y.• Through Local Strategic Partnerships encourage the formation of, andprovide funding for, county-wide CLT support services to contribute tolocal delivery of the commun<strong>it</strong>y strategy in relation to both affordablerural housing and commun<strong>it</strong>y engagement. This approach could alsohelp encourage consistent planning and asset transfer policies acrossthe county.• In any new bidding round for rural housing enablement, considercombining the housing needs survey work of rural housing enablersw<strong>it</strong>h a more proactive role to create solutions through e<strong>it</strong>her ahousing association or a CLT.• Come together to a<strong>do</strong>pt a common approach to section 106agreements, ideally based on the Commun<strong>it</strong>ies and Local Governmentmodel and including a mortgagee in possession clause (or by usingtwo otherwise identical options, one w<strong>it</strong>h and w<strong>it</strong>hout), to simplifyissues for lenders and hence provide better choice for those seekingpart-equ<strong>it</strong>y mortgages.Housing Associations:-• Utilise their expertise to support CLTs and put this to practical usein providing technical support to lay-led CLTs.• Provide financial support from their own resources to facil<strong>it</strong>ate theCLTs perhaps by including a project in the HA core business andtransferring upon completion as a ‘turnkey’ contract.• Consider developing a CLT support service, possibly on a county levelChar<strong>it</strong>able trusts and foundation and privatefinance providers:-• Support the formation of the CLT Facil<strong>it</strong>ation Fund and in add<strong>it</strong>ionprovide bespoke support to individual CLTs.• Encourage private finance providers to make available to CLTsmainstream development finance and long term finance repaidfrom rents.• Support the continuation of FONDT’s Northumberland project and thedissemination of the model through Development <strong>Trusts</strong> Associationto development trusts elsewhere.Char<strong>it</strong>y Commission:-• Provide guidance for CLTs seeking char<strong>it</strong>able status about affordablehousing provision to be attached to the application to avoid delay inreplying to queries.Mortgage lenders:-• Accept the Declaration of Trust lease as providing enough secur<strong>it</strong>yfor a mortgage.• Assist the CLT movement by providing mortgages on leases wherefuture value is linked to average wages as opposed to property values.44Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions 45


Useful ResourcesGeneralCale<strong>do</strong>nia Centre for Social Developmentwww.cale<strong>do</strong>nia.org.uk/sociallandCelebrates the social land sector in Scotland and throughout the world.Carnegie UK Trust Rural Commun<strong>it</strong>y Development Programmehttp://rural.carnegieuktrust.org.uk/homeExamines and promotes ways in which rural commun<strong>it</strong>ies across theUK and Ireland can be empo<strong>we</strong>red to shape and influence changeand work to ensure that rural prior<strong>it</strong>ies are fully recognised bydecision makers.Commun<strong>it</strong>y <strong>Land</strong> Trust National Demonstration programmewww.commun<strong>it</strong>ylandtrust.org.ukCommun<strong>it</strong>y Finance Solutions maintains an information resourcefor CLTs in England, including many targeted publications.Commun<strong>it</strong>y Farm <strong>Land</strong> <strong>Trusts</strong>www.stroudcommon<strong>we</strong>alth.org.uk/cfltStroud Common Wealth maintain a <strong>we</strong>bs<strong>it</strong>e dedicated to Commun<strong>it</strong>yFarm <strong>Land</strong> <strong>Trusts</strong>, as part of a project sponsored by the CarnegieUK Trust.Development <strong>Trusts</strong> Associationwww.dta.org.ukUmbrella organisation for commun<strong>it</strong>y development trusts.Department for Commun<strong>it</strong>ies and Local Governmentwww.commun<strong>it</strong>ies.gov.ukResponsible for UK housing, commun<strong>it</strong>ies and planning policy.Housing Corporationhttp://www.housingcorp.gov.uk/The Housing Corporation is the government agency that funds newaffordable homes and regulates housing associations in England.Regional supportCornwall Commun<strong>it</strong>y <strong>Land</strong> Trustwww.crha.org.uk/cornwall_commun<strong>it</strong>y_land_trust.htmCornwall CLT is a project run by Cornwall Rural Housing Associationto promote CLTs.Cumbria Rural Housing Trustwww.crht.org.ukCRHT employs a regional CLT project worker and works w<strong>it</strong>hcommun<strong>it</strong>ies to address affordable rural housing needs.Foundation Eastwww.foundationeast.orgA not-for-prof<strong>it</strong> organisation operating in East Anglia, offeringbusiness and personal loans. Currently working on a CLT project.<strong>Land</strong> for Peoplewww.landforpeople.co.uk<strong>Land</strong> for People exists to help commun<strong>it</strong>ies in Wales, Shropshire andthe Marches become more sustainable, w<strong>it</strong>h an emphasis on buildingaffordable homes for local people.Wessex Reinvestment Trustwww.<strong>we</strong>ssexrt.co.ukWRT helps commun<strong>it</strong>ies in the South West of England become moresustainable through providing business and home improvement loans,and advising commun<strong>it</strong>ies on setting up commun<strong>it</strong>y land or propertytrusts.PublicationsAffordable Rural Housing Commission (2006) “Affordable RuralHousing Commission: Final Report”, Affordable Rural HousingCommission, Lon<strong>do</strong>n.CFS (2007) “Commun<strong>it</strong>y <strong>Land</strong> <strong>Trusts</strong>: A Pract<strong>it</strong>ioner’s Guide”Commun<strong>it</strong>y Finance Solutions, Salford.DCLG (2007) “Department for Commun<strong>it</strong>ies and LocalGovernment Green Paper – Homes for the Future; moreaffordable; more sustainable”. The Stationery Office, Lon<strong>do</strong>n.DCLG (2006) “Planning Policy Statement 3 (PPS3): Housing” and“Planning Obligations: Practice Guide”, Department for Commun<strong>it</strong>iesand Local Government, Lon<strong>do</strong>n.Hart, Lorraine (2005) “To Have and to Hold: The DTA Guide toAsset Development for Commun<strong>it</strong>y and Social Enterprises”DTA, Lon<strong>do</strong>n.Building and Social Housing Foundationwww.bshf.orgCarries out research into housing innovation.Burlington Associateswww.burlingtonassociates.comResources for CLTs in the US.Federation of Northumberland Development <strong>Trusts</strong>J.Gooding@dta.org.ukFONDT principle aim is to work together as Development <strong>Trusts</strong> w<strong>it</strong>hour partners to create vibrant, inclusive and sustainable commun<strong>it</strong>iesin NorthumberlandDCLG (2007) “Making Assets Work: The Quirk Review ofcommun<strong>it</strong>y management and ownership of public assets.”Department for Commun<strong>it</strong>ies and Local Government, Wetherby.46Commun<strong>it</strong>y Finance SolutionsCommun<strong>it</strong>y Finance Solutions 47

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