PAPER B2

Committee :    DEVELOPMENT CONTROL COMMITTEE

Date :              19 NOVEMBER 2002

Title :              TOWN & COUNTRY PLANNING (RESIDENTIAL DENSITY) (LONDON & SOUTH EAST ENGLAND) DIRECTION 2002

REPORT OF THE DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

SUMMARY/PURPOSE

To advise Members on the implications of ODPM Circular 01/02 ,The Town & Country Planning (Residential Density) (London & South East England) Direction 2002.

BACKGROUND

Members will be familiar with PPG3 (Housing) which was issued in March 2000. The overall rationale behind PPG3 is that new development will be of the highest quality, for the country’s future housing needs, and should be met in the most sustainable way.

The assumption is that new development will use land efficiently and be well designed. To avoid the profligate use of land, it encourages sustainable environments, PPG 3 requires local planning authorities to examine critically the standards applied to new residential development. Local Authorities are expected to avoid housing developments which make inefficient use of land; encourage developments which make more efficient use of land and seek a greater intensity of development at places with good public transport and accessibility (in excess of 50 dwellings per hectare net).

In 2001, the overall density of residential development in England was 25 dwellings per hectare. This has remained unchanged since 1996. Over the period 1997-2001, more than half of the land used for housing was built at densities of less than 20 dwellings per hectare, and over 75% at less than 30 dwellings per hectare. In the South East of England, an area of high demand for housing where pressures for land are acute, the average for 1997 to 2001 was 23 dwellings per hectare.

Members maybe aware that several months ago the Deputy Prime Minister made a statement about the government’s intentions for tackling the housing shortage in London and the South East. He explained that the government expects the housing numbers already agreed in Regional Planning Guidance to be delivered, working within the presumption of making better use of land by improving design, increasing densities and using brownfield sites to the full. In the statement, the Deputy Prime Minister announced he would intervene in planning applications for housing that involved a density of less than 30 dwellings per hectare net.

The new legislation, the subject of this report (Circular 01/02), gives effect to the Deputy Prime Minister’s statement and comes into force on 2^nd December 2002. This means that it relates to planning applications submitted on or after that date.

The Direction requires Local Planning Authorities proposing to approve qualifying developments to notify the Deputy Prime Minister at the appropriate government office for the region.

The notification requirements will provide the Deputy Prime Minister with an opportunity to check general compliance with the guidance in PPG3 and RPG9 (Regional Planning Guidance for the South East) on making better use of land through well-designed higher density developments.

DTLR Circular 08/00 (Town & Country Planning (Residential Development on Greenfield Land) (England) Direction 2000 already means that development which comprises or includes:-

           •          The provision of 150 or more houses or flats on greenfield land, or

           •          The provision of houses or flats on 5 hectares or more of greenfield land, where the Local Authority intends to grant planning permission

must be first referred to GOSE.

The nature and type of development where it will be necessary to refer the relevant application to GOSE is under the new Directive essentially will comprise or include:-

           •          The provision of houses or flats on sites of one hectare or more; and where

           •          the residential density is either not provided in the application for planning permission or would be less than 30 dwellings per hectare

Where a Local Planning Authority do not propose to refuse an application for planning permission to which this Direction applies, they are required to consult the Secretary of State before issuing the decision notice.

The Secretary of State has 21 days to notify the Local Planning Authority that he does not intend to issue a Direction under Section 77 of the Town & Country Planning Act 1990 (ie ‘call-in’) in respect of that application, the Local Planning Authority may proceed to determine the application.

FINANCIAL IMPLICATIONS

None

OPTIONS

The Town & Country Planning (Residential Density) (London & South East England) Direction 2002 be noted and that due regard should be given to its provisions and requirements in the determination of planning applications on sites of more than one hectare in area where these are not affected by other Directions requiring reference to the Secretary of State.

CONCLUSIONS

The new PPG3 (Housing) was released in March 2000. Paragraphs 57 and 58 deal with making the best use of land, stressing that Local Planning Authorities should avoid the inefficient use of land and the current level of land take for residential development can no longer be sustained, such development being less likely to sustain local services or public transport, and ultimately adding to social inclusion. Paragraph 58 states:-

           Local Planning Authorities should therefore:

                       •          Avoid developments which make use of land (those of less than 30 dwellings per hectare net

                       •          Encourage housing development which makes more efficient use of land (between 30 and 50 dwellings per hectare net; and              

                       •          Seek greater and sensitive development of places with good public transport accessibility such as city, town, district and local centres, or around major nodes along good quality public transport corridors.

It is my view that the publication of this Directive indicates that in this part of the country the objectives set out in PPG3 are not being achieved and consequently the Government have found it necessary to prescribe restrictive legislation to enable them to monitor density on new housing development in order to ensure that even on relatively small sites a minimum density is achieved of at least 30 dwellings per hectare net.

The power to intervene in respect of the potential development of small sites of just one hectare (2.4 acres or more), in my view, a consequence of the present situation which has effectively seen Local Authorities, in a substantial number of situations, fail to appreciate or disregard the objectives and the advice contained in PPG3 (Housing).

While there maybe instances where a density of less than 30 dph maybe acceptable within the context of the pattern of development in the immediate locality, these cases will be very rare, and, could be vulnerable to ‘call-in’ when referred to the Government Office as required by this Directive. In my view, it is more likely that there will be an onus on Local Authorities to give very serious consideration to refusing planning permission on grounds of too low a density or underdevelopment, where they have failed to negotiate, or chosen not to negotiate, with the applicant/agent for a scheme of development which reflects current national policy and, as time progresses, should be featured widely in local planning policy.

RECOMMENDATIONS

The Town & Country Planning (Residential Density) (London & South East England) Direction 2002 be noted and that due regard should be given to its provisions and requirements in the determination of planning applications on sites of more than one hectare in area where these are not affected other Directives requiring reference to the Secretary of State

Contact Point : C Hougham - Development Control Manager, ☎ 823525

M J A FISHER

DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES