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Reversing the decline of small housebuilders

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35<br />

Recent Government measures have focused on public<br />

sector-led solutions. Local authority controlled housing<br />

zones, use <strong>of</strong> Local Development Orders or council<br />

initiated Brownfield Registers have been announced<br />

and legislated for. This effectively puts local Government<br />

in firmer control <strong>of</strong> <strong>the</strong> development process at a time<br />

when its resources are being constrained. A solution led<br />

by <strong>the</strong> development sector (both private and public)<br />

is far more likely to yield positive results for housing<br />

supply. As envisaged, <strong>the</strong> Brownfield Registers placed<br />

on statute in <strong>the</strong> Housing and Planning Act 2016 will<br />

involve local authorities identifying potential development<br />

opportunities on brownfield land.<br />

Developers <strong>the</strong>mselves are far better equipped, and<br />

more motivated to fulfil this role effectively than town<br />

hall <strong>of</strong>ficers are. Judgements on whe<strong>the</strong>r a prospective<br />

site is suitable, viable and developable are best made by<br />

pr<strong>of</strong>essional developers.<br />

A residential brownfield presumption, introduced through<br />

a change to <strong>the</strong> NPPF, would require a local planning<br />

authority to have a very strong reason to reject a planning<br />

application for residential development <strong>of</strong> a brownfield<br />

site within a settlement boundary regardless <strong>of</strong> that site’s<br />

status in <strong>the</strong> local plan or its position on a Brownfield<br />

Register. Such development would, thus, be additional<br />

to local plan allocations. This would go some way to<br />

replicating <strong>the</strong> positive planning environment <strong>of</strong> <strong>the</strong><br />

period up until <strong>the</strong> enactment <strong>of</strong> <strong>the</strong> Town and Country<br />

Planning Act 1990 but within <strong>the</strong> bounds <strong>of</strong> <strong>the</strong> current<br />

plan-led system.<br />

The proposal would specifically encompass land ‘within<br />

<strong>the</strong> boundary <strong>of</strong> settlements’ to cover settlements <strong>of</strong> all<br />

sizes ra<strong>the</strong>r than merely ‘urban areas’. 8 This definition<br />

would, however, rule out presumed permission on freestanding<br />

or remote brownfield land. The suitability <strong>of</strong><br />

development on those types <strong>of</strong> sites should continue<br />

to be subject to local considerations, planning policy,<br />

infrastructure assessments and housing market dynamics.<br />

This brownfield presumption would ensure that local<br />

plan housing allocations are treated as a baseline for<br />

housing supply ra<strong>the</strong>r than an absolute maximum which<br />

is generally <strong>the</strong> case at present. For a variety <strong>of</strong> reasons,<br />

including viability, landowner issues or o<strong>the</strong>r unforeseen<br />

site-specific problems, some sites included in local plans<br />

will inevitably fail to come forward. Dame Kate Barker, in<br />

her seminal review <strong>of</strong> housing supply in 2004, termed this<br />

<strong>the</strong> ‘implementation gap’. 9 Delays in <strong>the</strong> planning process,<br />

<strong>the</strong> availability <strong>of</strong> development finance and changes in<br />

<strong>the</strong> market can all restrict planned output. This means<br />

that planning for <strong>the</strong> number <strong>of</strong> homes <strong>the</strong> area needs will<br />

almost inevitably guarantee an undersupply and, at best,<br />

<strong>the</strong> minimum target will be achieved.<br />

8 <br />

The latter terminology has been <strong>the</strong> subject <strong>of</strong> legal challenge in relation<br />

to <strong>the</strong> classification <strong>of</strong> gardens as greenfield land in urban areas.<br />

9<br />

Barker Review <strong>of</strong> Housing Supply (March 2004), pp. 41-43

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