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Emma Newfield

From: Consultation Sent: 16 February 2016 10:36To: Consult PlanningCc: Jayne Burton; Daniel Russell; Alan Yates; Ann McNamee; Calum Walmsley; Carl

Larter; Chris Holland; Claire Thomas; DJ Smith; Eamon Thompson; Gary Fowler; Helen Newbury; Jenny Crowther; Joanne Welch; Jon Wood; Matthew Crucefix

Mike Abbott; Mike Brown; Mike Hill; Nick Byrne; Reuben Flynn; Trevor Rowe

Subject: CONSULTATION ON ADDITIONAL DOCUMENTS THAT HAVE BEEN SUBMITTED TO THE INSPECTOR AS PART OF THE EXAMINATION

Attachments: 0410-07.m5.pdf; Housing Standards Review Roll Out – DCLG Presentation 2015.pdf

Categories: Blue Category

Please find attached letter and presentation document in respect of the above.  Regards.   Elaine Elstone Secretary TETLOW KING PLANNING Unit 2, Eclipse Office Park, High Street, Staple Hill, Bristol  BS16 5EL   

           

 Website: www.tetlow‐king.co.uk                                                                  

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Chairman Directors R S J Tetlow MSc Dip Surv FRTPI FRICS FCIH FRSA S Hinsley BA (Hons) MRTPI J M Adams BA (Hons) BTP MRTPI Tetlow King Planning Limited J Sneddon BSc (Hons) MRTPI Registered Office Unit 2 Eclipse Office Park High Street Staple Hill Bristol BS16 5EL Registered in England No. 2165802 J Stacey BA (Hons) Dip TP MRTPI Government Approved Constructionline Registered No. 8559

Development Plans Date: 15 February 2016 Town Hall Walter Stranz Square Our Ref: JD M5/0410-07 Redditch Worcs B98 8AH

By email only: consultplanning@bromsgroveandredditch.gov.uk

Dear Sir or Madam RE: BROMSGROVE DISTRICT COUNCIL AND REDDITCH BOROUGH COUNCIL

CONSULTATION ON ADDITIONAL DOCUMENTS THAT HAVE BEEN SUBMITTED TO THE INSPECTOR AS PART OF THE EXAMINATION

We represent the West Midlands HARP Planning Consortium which includes all the leading Housing Association Registered Providers (HARPs) across the West Midlands. Our clients’ principal concern is to optimise the provision of affordable housing and to ensure the evolution and preparation of consistent policies that help deliver the wider economic and social outcomes needed throughout the region. As significant developers and investors in local people, HARPs are well placed to contribute to local plan objectives and act as long term partners in the community.

OPTIONAL TECHNICAL STANDARDS

The Housing Standards Review, which concluded in March 2015, has created a new approach for the setting of technical standards for new housing. The new streamlined system which took effect from 1 October 2015 comprises of national optional Building Regulations (technical standards) and an optional nationally described space standard. The application of the new optional technical standards in decision-taking and plan making was set out by the Government in the Written Ministerial Statement (WMS) of 25 March 2015. These new standards encompass optional Building Regulations on water and access, and a national standard on internal space of new dwellings, to act alongside existing Building Regulations through the planning system.

As set out in the WMS, “local planning authorities should not set in their emerging Local Plans, neighbourhood plans or supplementary planning documents, any additional technical standards or requirements relating to the construction, internal layout or performance of new dwellings”.

Local planning authorities have the option to set additional technical requirements exceeding the minimum standards required by Building Regulations in respect of access and water, and an optional nationally described space standard.

Paragraph 002 (Reference ID: 56-002-20150327) under Housing – Optional Technical Standards of the Planning Practice Guidance (PPG), states that “local planning authorities will need to gather evidence to determine whether there is a need for additional standards in their area, and justify setting appropriate policies in their Local Plans”.

As well as having to demonstrate a “clear need” for the introduction of the optional technical standards, local planning authorities should consider the impact of using these standards as part of their Local Plan viability assessment. The NPPF states that the site and scale of development in plans should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened.

In order to be appropriate, the cumulative impact of all standards and policies contained within a Local Plan should not put the implementation of the plan at serious risk. The implementation of new optional

Unit 2 Eclipse Office Park High Street Staple Hill Bristol BS16 5EL

W: www.tetlow-king.co.uk

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technical standards has major consequences for viability, due to additional build costs, and should therefore be robustly tested.

It is therefore concerning that the Council are proposing a number of changes to the wording of the Local Plan as part of this consultation, which seek to introduce the optional technical standards without having fully assessed the impact on viability or having demonstrated a clear need for their introduction.

With the introduction of the non negotiable Community Infrastructure Levy and the S106 obligation pooling restrictions, any viability constraints on sites are likely to result in a renegotiation and reduction in the affordable housing provision on sites. Considering the high level of identified need for affordable housing, this could risk substantially compromising the aims of the Plan and its objectives to maximise the affordable housing provision over the Plan period.

We suggest that the requirement for developments to meet the optional technical standards should be removed from the Local Plan. They should only be included if the Council are able to demonstrate that there is a clear need for them and that their inclusion will not have a significantly detrimental impact upon the viability of the Plan as a whole.

The requirement to meet ‘Secured by Design’ standards should also be removed as since October 2015 this has been covered by the new mandatory building requirement Part Q of the Building Regulations – ‘security – dwellings’.

It is also noted that the Local Plan makes reference to ‘Allowable Solutions’ and to a requirement for on-site energy efficiency improvements. In July 2015 the Government released a paper titled ‘Fixing the Foundations’ in which it was stated that “the government does not intend to proceed with the zero carbon Allowable Solutions carbon offsetting scheme, or the proposed 2016 increase in on-site energy efficiency standards”. As Allowable Solutions has been scrapped by the government it should no longer be included within the Local Plan.

The requirement for on-site energy efficiency improvements should also be re-considered in light of the guidance in Fixing the Foundations and the WMS which stated that local planning authorities should not set any requirements for the “performance of new dwellings”.

Much of the comments set out within this letter are corroborated by a presentation given by Stephen Porter of the Department for Communities and Local Government in November 2015, titled ‘Housing Standards Review Roll Out’, a copy of which is enclosed.

The above comments are intended to be constructive, to ensure the policies are found sound at examination. We would like to be consulted on further stages of the Local Plan and other publications by the Council, by email only to consultation@tetlow-king.co.uk. Please ensure that the West Midland HARP Planning Consortium is retained on the consultation database, with Tetlow King Planning listed as their agents.

Yours faithfully

JAMES DURANT BA (HONS) MA MRTPI SENIOR PLANNER For and On Behalf Of TETLOW KING PLANNING

Enc.: Housing Standards Review Roll Out – DCLG Presentation 2015

Page 3 of 3

Cc: Bromford Housing Group Bromsgrove District Housing Trust Fortis Living Midland Heart Limited Waterloo Housing Association Ltd

Accord Housing Association Stonewater Ltd

Jayne Burton – Housing Department (Bromsgrove)

Daniel Russell – Housing Department (Redditch)

Housing Standards Review Roll Out

2015

Stephen Porter, DCLG.

Structure of presentation

• Rationalising Housing Standards

• Housing Standards Review – Overview

• Transition and Implementation

• Building Regulations transitional provisions

• Key issues for Building Control

• Key issues for Planning Authorities

• Key Planning Issues – Development Management

The New Housing Standards

• Nationally described space standard

• Access Standard

• Water Efficiency Standard

• Security Standard

• Energy Efficiency Standard and Waste Storage

• Zero Carbon Homes

• Further information

Rationalising Housing Standards

Building

Regulations

Funding Planning

Best Practice

CSH

HD

Building

Regulations Planning

HQI

LHDG

S&Q

BFL

SBD

LTH

AH Funding

Benchmarks WHDG

Housing Standards Review – Overview

Background: • Fundamental review of planning technical housing standards, and their

link to building regulations • Aims - reduce bureaucracy and costs, reform and simplify framework, make

house-building process easier to navigate, reduce contradictions and overlap & allow local choice

• Extensive work with stakeholders from a range of sectors e.g. house

builders, local authorities, disability and energy groups etc. (over 140 different groups)

Housing Standards Review – Overview

Outcome: • March 2015 – launch of new approach and set of streamlined national technical

standards

• The new standards are - optional building regulations for access and water efficiency, new nationally described space standard (planning standard), new mandatory security standard added to building regs (Part Q).

• Planning WMS set out policy on application of technical standards for plan making and decision-taking

• Deregulation Act 2015 set out powers to introduce optional requirements & amend Planning & Energy Act

• Code for Sustainable Homes ended (aside from legacy cases)

• New approach will save house builders and councils around £100 million (Impact Assessment)

Status: Planning transitional period ended in Sept. Implementation from Oct 2015

Transition and Implementation

Before Mar 2015 Mar 2015 Oct 2015 Oct 2016

Access

(Lifetime Homes)

Access

(Wheelchair Housing Design

Guide)

Security

(Secured by Design - Part 2)

Energy

Space

Water

Code for Sustainable Homes

Other technical standards

e.g. materials

(sustainability), overheating

(internal technical)

Keep policy but triggers Part M2

Keep policy but triggers Part M3

Part Q applies

Can keep-as-is

Can keep-as-is

Can keep for 6 months

Policies up to code 4 (Equivalent) Part L 2016 only

Except for legacy cases

End

Policies up to code 4 (Equivalent) - 110 lpd Part G higher standard applies - 110 lpd

Can keep-as-is Keep policy but triggers national space standard

Ends

Key issues for Building Control

Building Control bodies should be aware of the following:

Optional regulations

• 2015 Regulations made changes to the building control system in respect of optional requirements

• Optional requirements will be imposed by LPAs as planning conditions

• Person carrying out work will be responsible for informing building control that a condition has been

applied

• Compliance with optional requirement conditions will be overseen by building control bodies (local

authorities or approved inspectors)

• These cannot be applied through planning permission where a building notice, full plans deposit or

initial notice given before that date

• Enforcement of the optional standards will be through the building control system. But only where the

building regulations application is given after 1 October.

• New mandatory security standard - Part Q - and will be overseen by building control bodies not

planning.

Key Planning Issues – Development

Management

Before 30 Sept – WMS discouraged planning permissions requiring technical standards

except:

• Where there are existing local plan policies on access / space / water Existing policies on

access / space /water could only be relied on until 30 Sept.

• Code – not require Code in general (it has been withdrawn) apart from legacy cases

• But where existing plan policy references Code, can continue to apply

• Water efficiency standard equivalent to new national standard

• Energy standard up to Code 4 equivalent (i.e. a 20% uplift over Part L)

From 1 Oct 2015 – Planning permissions requiring adherence to the optional standards

only:

• Where passported policies are in plans (i.e. policies can remain in plans, but outcome must

reflect Government Standards), or where new optional regulations policies are in plans.

Key issues for Planning Authorities

LPAs should :

• Following the WMS, LPAs should set out clearly how existing local plan

policies be “passported” in order to be given effect in local decisions

• Consider if optional standards are needed in their area

• Gather needs evidence, apply viability costing - guidance is on the NPPG

website

• Undertake partial plan review if necessary – no need to review entire local

plan

• There is no time limit to update plans (aside from usual need to keep plans

up to date)

• No additional, non-Government, technical housing standards should be

applied to developments

• No new Code policies to apply in local plans – CODE has been withdrawn

The New Housing

Standards

Nationally described space standard

Key points: • Optional standard - authorities can adopt it where they wish to set space standards in new

developments • A planning standard - not an optional building regulation – so will be implemented through the planning

system • Scope - applies to all tenures • Plan making – space standard can only be applied where there is a local plan policy based on

evidenced local need, and where the viability of development is not compromised • Planning conditions & permission – once in plans, authorities can apply them as conditions when

granting planning permission • Compliance & enforcement - by planning authorities • Commencement date – From 26 March 2015 - the date the Deregulation Bill received Royal Assent Components:

• Minimum ceiling height: 2.3m • Internal storage: 1.5m2 for 1b, extra 0/5m2 per bedroom • Double bedrooms: 11.5m2, main double 2.75m wide, others 2.55m wide • Single bedrooms: 7.5m2, 2.15m wide

Access Standard

Key points: • Two optional building regulations requirements - set above basic minimum in Part M of Building

Regulations • 1st delivers accessible and adaptable housing to meet the needs of older and some disabled people • 2nd delivers wheelchair user housing

• Plan making – optional requirements can only be applied where there is a local plan policy based on

evidenced local need, and where the viability of development is not compromised • Planning conditions & permission – once in plans, authorities can apply them as conditions when

granting planning permission • Compliance & enforcement – by Building Control bodies • Transition & implementation – planning transitional period is from Mar to Sept, comes into effect on 1st

Oct 2015 Components: Requirements are now known as:

• M4(1) Category 1: Visitable dwellings • M4(2) Category 2: Accessible and adaptable dwellings • M4(3) Category 3: Wheelchair user dwellings

Approved Document M changes - has been split into two volumes:

• Volume 1, Dwellings (which incorporates the new optional requirements), • Volume 2, Buildings other than dwellings (guidance in this part remains unchanged)

Water Efficiency Standard

Key points:

• An optional building regulation - set at a level above the national minimum in the Building Regulations

2010

• Plan making – optional requirements can only be applied where there is a local plan policy based on

evidenced local need, and where the viability of development is not compromised

• Planning conditions & permission – once in plans, authorities can apply them as conditions when

granting planning permission

• Compliance & enforcement – by Building Control bodies

• Transition & implementation –planning transitional period is from Mar to Sept, comes into effect on 1st

Oct 2015

Components:

• Requires new homes to be built so that their estimated water use is no more than 110 litres/person/day

Security Standard

Key points:

• A new mandatory security requirement – new part Q of the Building Regulations

• Applies to all new homes – including those formed by a material change of use

• Compliance & enforcement – by Building Control bodies

• Transition & implementation – planning transitional period from Mar to Sept. Comes into effect on 1st

Oct 2015

Components:

• The standard is based on BSI’s PAS 24

Energy Efficiency Standard and Waste

Storage

Energy efficiency

• Energy efficiency standards should only be set out in the Building Regulations (Part L), but with an

additional 20% uplift where authorities wish to go further.

Waste storage

• We amended statutory guidance on waste storage in Approved Document H (Drainage and waste

disposal) to help ensure it is properly considered in new housing development

• Inserted reference to industry guidance on waste storage published by the NHBC Foundation - provides

information about, and examples of, how to design well-considered waste storage

Zero Carbon Homes

• The Productivity Plan announced that we will not proceed with zero carbon homes (or the associated

zero carbon standard for new non-domestic buildings).

• The zero carbon standards would have placed a significant regulatory burden on house builders and

developers.

• Carbon off-setting element – ‘allowable solutions’ – would count as a tax on developers and has no

benefit to the home buyer

• We’re giving the industry ‘breathing space’ to build the highly energy efficient homes required by

recent changes to building regulations but we will keep energy requirements under review.

Further information

Further information - available from GOV.UK

Other useful links:

• Planning written ministerial statement

• Planning guidance for housing optional technical standards

• A nationally described space standard

• Approved Document M: volume 1 - access to and use of dwellings

• Approved Document M: volume 2 - access to and use of buildings other than dwellings

• Approved Document Q - security - dwellings

• Approved Document G - sanitation, hot water safety and water efficiency

• Approved Document H - drainage and waste disposal

• Circular letter