Here is the presentation of our event on how to make good decisions when in the presumption territory

1. Effective Decision making in
Presumption
Shelly Rouse, PAS
March 2021 www.local.gov.uk/pas

2. Why are we here? And what are we covering
1. Presumption - the consequences of Housing Delivery
Test, LHN and old Plans
2. Dealing with “presumption” in an effective way ( 3
perspectives from our speakers)
3. What makes a good HDT Action Plan
4. ? Anything else ? Q and A

3. Agenda
Time Details
14:00 Welcome and introduction to the session.
14:10 Session 1: An overview
14:20 Session 2: Housing Delivery and the Tilted Planning Balance (Jonathan Easton, Kings
Chambers) followed by Q & A
15:00 Coffee break
15:10 Session 3: Effective decision making in presumption a council perspective (Jeremy Potter,
Chair of Essex Planning Officers’ Association)
15:40 Session 4: Presumption – lived it, breathed it, got the t-shirt (Emma Goodings, Braintree
District Council)
16:10 Discussion and Q & A
16:30 Close

4. Housing Delivery Test HDT
• Requirement can be
– Yr 1 is average household growth 2014 figures
– Y2 & Yr3 Plan figure, or if over 5yr old
– LHN
• Next year HDT 2021 Yrs1 – 3 could be all LHN or Plan

5. Looking in both directions
HDT HDT HDT Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
Now
Looking backward 3yrs Looking forward 5yrs

6. HDT 2020 results
– 55 authorities have delivered below 75% to trigger the
presumption in favour of sustainable development;
– 18 authorities have achieved between 75% and 84% and
should to add a 20% buffer on their 5 year housing land
supply as well as produce an action plan;
– 33 authorities have achieved between 85% and 94% and
should to produce an action plan within 6 months of
publication; and
– 203 authorities have achieved 95% or over and will face no
consequence.

7. Presumption for everyone??
• 55 councils under 75% - 40 of them have no Plan
• 18 need to 20% buffer - into presumption or not??
• HDT yrs2 & 3
– 13 Councils had a blend of plan/LHN
– 67 Councils plan requirement
– 220 Councils local housing need LHN aka standard method#1
• Many more through 5YHLS

8. Local Housing Need – How did we get here?
• Objective Assessed Need (OAN) – had its problems
• LHN - 2017 Fixing our broken housing market
• It’s a calculation – maths, upon maths! Never stays still
• Autumn 2020 consultation on LHN #II – big changes and
big variances
• Dec 2020 LHN #II - No change for most & 35% uplift
• North/South Divide = No one is (or was) happy

9. The current calculation
• Local housing need figure = (adjustment factor) x
projected household growth
• Projected household growth = new households over the
10 year period
• 40% cap on increase from either Local plan or annual
household growth applied
• 35% uplift to top 20 cities and urban centres – from July
2021

10. The Vortex of presumption!!!

11. Presumption in favour of
sustainable development
• LHN might tip you into
presumption
• Default to NPPF
• Doesn’t mean saying yes to
everything

12. Presumption - via use of LHN, 5YHLS or HDT
How is it HDT presumption different to
5YHLS presumption?
• 12mths long
• Honest answer?
• We don’t know yet
– Need to see how PINS behave
– And how appellants behave
– And how planning committee behaves

13. Hear from our Speakers
• Johnathan Easton, Kings Chambers
• Jeremy Potter, Essex Planning Officers Association
• Emma Goodings, Braintree District Council

20. Effective
Decision Making in
Presumption
Jeremy Potter
Chair of Essex Planning Officers’ Association

21. Contents
• Quick re-cap of HDT results
• Practical tips
• Communicate the bigger picture
• Focus on harm
• Consistent and transparent decision
making
• Action planning to plan making

24. Don’t
Panic
Granger Historical Picture Archive/Alamy Stock Photo

25. Make it Corporate
• Ensure that Councillors and senior
managers in the Council know what it
actually means
• Might seem an arbitrary measure, but
will indicate other objectives not
being met e.g. affordable housing
delivery, CIL/S106 receipts
• Take corporate ownership of the issue
and set out the actions needed by
councillors, officers, communities to
regain control

26. Be upfront
Don’t:
• Shy away - the 55 councils in
presumption triggered by the HDT have
been published
• Make kneejerk decisions
Do:
• Re-gain the initiative
• Communicate with Councillors,
developers and communities
• Start the journey out of presumption

27. Focus on Harm
NPPF Para 11 d) i)
Habitat Sites SSSIs Green Belt
ANOB National Parks Heritage Coasts
Irreplaceable Habitats Designated Heritage
Assets
Areas at risk of flooding
or coastal change

28. Focus on Benefits
NPPF Para 11 d) ii)
Sustainable
Development
Affordable Housing Meeting Housing Need
Planning Gain/CIL Enabling Development Wider Economic Benefit
Protect other areas Providing housing
choice
New Homes Bonus

29. Weighing the balance

30. Action Planning to Plan Making

31. Conclusions
• Take ownership and make it
corporate
• Bring Councillors on the journey
• Be upfront and be prepared to
make brave decisions
• Identify and protect what’s
important
• Take objective balancing exercising
• Keep plan-making

32. 5 year housing land supply – The
Braintree experience
Emma Goodings

33. An Introduction to Braintree District
• A large rural District in North Essex
• Population 150,000
• Split between 3 market towns and rural areas
• Strong Conservative majority
• A Local Plan submitted in October 2017 and still in part under
examination

34. The 5 year housing supply position in Braintree
Braintree can currently demonstrate a 3.73 year supply
• Current requirement for a 5% buffer and action plan
• 2019 action plan and 20% buffer
• 2018 HDDT results action plan (35 homes short of 95%)
• Housing target in our 2011 Core Strategy of 273 per year
• Housing target in our new Local Plan of 716 per year

35. Our Approach
• Be clear with residents and members that we are required to
consider each planning application on its merits
• Working with developers of draft allocated sites to bring
them forward
• Work with the industry to increase the speed of house
building
• Work with schools and colleges to provide skilled
tradespeople to work in the sector
• An officer who works on monitoring and housing supply full
time

36. Cases where we have allowed applications
Land east of Sudbury Road,
Halstead
218 homes
No statutory objections
30% affordable housing
Contributions to various
improved facilities
On balance it was concluded that
that the positives associated with
the application outweighed the
moderate weight afforded to the
conflict with Local Plan policies

37. Cases where we have refused applications
and won the appeal
Brook Green, near Braintree
1,600 homes and associated
facilities
Objections on highway,
education and sport
provision from statutory
consultees
Refused on the basis of the
negative impacts on
heritage, landscape,
coalescence, lack of S106,
highways impact,
biodiversity
• Inspector agreed on
balance that the harm to
heritage, landscape and
coalescence did not
outweigh the benefits

38. And those where we have lost the appeal
Land west of Bardfield Road,
Finchingfield
50 homes 40% affordable
No statutory objections
Refused on adverse impacts on
landscape, conservation area and
harm the intrinsic beauty and
character of the countryside.
Inspector gave moderate or limited
weight to the conflict with policies in
the Local Plan, but when applied the
tilted balance found the positives
outweighed this conflict.

39. Challenges we have faced
• Delays in the Local Plan timetable
• The huge gap between our previous and new
housing targets
• Residents feeling that the council ‘isn’t doing
enough’
• Not understanding the powers that the LPA has
and the ones it hasn’t
• Inconsistency in appeal outcomes

40. Top tips for getting through it
• Trust and honesty between members and officers is
absolutely key
• Communication
• Set aside budget and resource for defending appeals
• Have a good relationship with a legal advisor/Counsel
• Be resilient

41. 5 year housing supply – The Braintree
experience
Emma.goodings@Braintree.gov.uk

42. Sketch out the strategy, demonstrate the
link to actions

43. Shelly’s Take on ‘Good’ Action Plans
● Concise and allow normal people to understand what you're
trying to do
● Respond to the ‘Wake Up Call’ the HDT is
● Have immediate actions as well as short/medium/long term
● Protect what's important. Ensure that actions really are
connected to delivery and your existing strategy. Think about
how it might be used against you.
● Look beyond planning – corporate, housing market and beyond
● Are written as a tool to use – weaponise your Action Plan!

44. In conclusion
• LHN might cause short term pain (5YHLS/HDT) and land
you in presumption for a bit
• Presumption = behaviour change and being proactive
(doesn’t mean say yes to everything)

45. A little bit about HDT Action Plans
Updated June 2020

46. Remember our Councillors guide
• Find the whole thing online
• https://local.gov.uk/pas/pas-
topics/monitoring-and-delivery
• Steal it all
• HDT Action Plans -
https://local.gov.uk/pas/pas-
topics/monitoring/housing-
delivery-test-action-plans

47. PAS events this month
• 19th – Effective decision making in presumption
• 25th – HDT Action Plans for first timers
• https://www.eventbrite.co.uk/o/planning-advisory-service-
pas-events-3927570883

48. pas@local.gov.uk
@Pas_Team
web www.local.gov.uk/pas
phone 020 7664 3000