This document summarizes a presentation about maintaining a 5-year housing land supply (5YHLS), the housing delivery test (HDT), and the presumption in favor of sustainable development. The presentation discusses how these factors work together, provides tips for councils on demonstrating a 5YHLS, and highlights a case study from Sunderland City Council on their experience submitting an anticipated supply of housing document. The document also advertises tools from the Local Government Association and Planning Advisory Service to help councils predict future housing delivery and HDT performance.

1. March 2021 local.gov.uk/pas
Keep on Planning
The triangle of 5YHLS, HDT and
presumption
March 2022

2. local.gov.uk/pas
Welcome
• This event is hearing from councils.
• We are on Zoom. Have you got a name
• Turn your camera on, if you like, and we will
see you (which is nice!)
• We will have a Q and A bit but we might not be
able to cover all of them

3. local.gov.uk/pas
Today’s session
What is the triangle of presumption, 5YHLS and the HDT?
How can we learn from others?
A discussion on what we’ve heard

4. local.gov.uk/pas
Who
PAS – How to keep planning in presumption
Sunderland City Council – APS learning for 5YHLS
LGA and PAS tools – a demo
Fireside chat with Nicky Linihan

5. local.gov.uk/pas
Before we begin
• This session assumes some knowledge of
what HDT, LHN and 5YHLS are
• There are no stupid questions

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Sustainable development
The presumption in favour of
sustainable development
NPPF Para 11. Plans and
decisions should apply a
presumption in favour of
sustainable development.
That’s what plans and
decisions are all about

7. local.gov.uk/pas
The basics – presumption/ the tilted balance

8. local.gov.uk/pas
The basics – presumption/ the tilted balance
• Local position on sus dev
• NPPF
• More permissive – harm must
demonstrable outweigh
benefits
• Rule of thumb - Housing need
is seen as significant benefit

9. local.gov.uk/pas
When does it apply
Triggers for the ‘presumption’.
Footnote 7 provides 2 routes:
1. Absence of a 5YHLS
2. Housing Delivery Test
below 75%
Plan over 5yrs old but
sometimes not

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Think about land as a river
The system enables
land to change from on
use to another by
‘flowing down the river’

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The Land Tap - Trickle to a Roar

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Some things stop the flow
• Even in the tilted balance, the
starting point is the development
plan
• Planning judgement must be
applied to assess weight to be
given to policies.
• Footnote 6 NPPF
“the application of policies in this
Framework that protect areas or
assets of particular importance
provides a clear reason for refusing
the development proposed”
Turn the tap - specific protective
policies including Green Belt,
designated heritage assets, AONB,
heritage coasts & protected habitats

13. local.gov.uk/pas
Delivery Indicators – be prepared
5YHLS - forward
HDT - backward
They are the sticks but
also the solution

14. local.gov.uk/pas
Routes out of presumption
HDT
• Lasts till next HDT
publication
• PINS want to know
about your Action Plan
• What you gonna do – is
factored in the balance
5YHLS
• Lasts for as long as no
5YHLS
• Publish 5YHLS as soon
as you can
• Add more sites and
certainty

15. local.gov.uk/pas

16. local.gov.uk/pas
Own it
Make it a
corporate issue
and take
ownership of
the issue.
01
Ensure that
Councillors, CEx,
Leader and senior
managers know
what it actually
means
02
Set out any
actions needed by
councillors,
officers,
communities to
regain control
03

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Do:
• Communicate
• Crystal ball gazing –
predict and forecast
• Re-gain the initiative –
might be some tough
decisions
• Plan how you are going
to get out of presumption
and start the journey
Don’t:
• Ignore it - the 51
councils in presumption
triggered by the HDT
have been published
• Make kneejerk
decisions
Dos and Don’ts

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More Do’s
Take ownership and make it corporate
Bring Councillors and others 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

19. local.gov.uk/pas
Give yourself cover
Transparency of decision making incl planning committee
Reports need to show the weighing of factors – remember harm
needs to be ‘demonstrable and significant’
5YHLS needs to be realistic and increase the flow of land

20. local.gov.uk/pas
Up Next
DONE - How to keep planning in presumption
Sunderland City Council – Learning for 5YHLS
LGA and PAS tools
Fireside chat with Nicky Linihan

21. Sunderland City Council : Sunderland
APS
Housing Land Supply
Lessons from the APS
process

22. Sunderland City Council : Sunderland
APS
Background
 Sunderland City Council is in
the North East of England.
 Our authority area borders
Durham, Gateshead and South
Tyneside local authorities.
 We occupy a coastal position
and Sunderland straddles the
River Wear.

23. Sunderland City Council : Sunderland
APS
Background
Three part Local Plan
International Advanced
Manufacturing Park Area Action
Plan (adopted Nov 2017)
Core Strategy and
Development Plan 2015-2033
(adopted January 2020)
Allocations and Designations
Plan (embarking on Reg 19
consultation in 2022)

24. Sunderland City Council : Sunderland
APS
Why did we choose to submit an APS?
 It was an opportunity to align the adopted CSDP which was
examined under 2012 NPPF transitionary arrangements, with the
latest NPPF and its definition of a deliverable site.
 Provides Sunderland’s Development Management team with
confidence that the Council could demonstrate a 5 year housing
land supply, without challenge.
 Provides applicants and developers challenging the Council’s
housing land supply with confidence that the Council could
demonstrate a 5 year housing land supply in accordance with the
definition of a deliverable site as set out in the latest NPPF.

25. Sunderland City Council : Sunderland
APS
Sunderland’s APS
First APS submitted in 2020.
Inspector found the Council to have a 5 year supply of housing
land in October 2020 – with minor amendments to delivery
forecasts.
 Second APS submitted in July 2021.
Inspector found the Council to have a 5 year supply in October
2021 – with no amendments to delivery forecasts.
Soon to express our interest in submitting a third APS in 2022.

26. Sunderland City Council : Sunderland
APS
Tips for housing supply success
Before you start
• If you are thinking about the APS route, ask the question - what outcomes
do you expect to achieve from the APS route?
• Read Housing Supply and Delivery Planning Guidance - paragraphs 14
and 15, which set out the information requirements of an APS, such as
• Basic site information
• Planning status of a site
• Delivery status of the site
• Overview of consultation/engagement
• Conclusions reached as result consultation/engagement
• Overall conclusions reached

27. Sunderland City Council : Sunderland
APS
Tips for housing supply success
Before you start
• Review the composition of your housing supply/quantity of sites in your
supply.
• Do not underestimate the resource needed to complete your HLS.
• Plan out the stages of consultation that you will undertake and set
deadlines for consultation stages, working back from your deadline/APS
submission date.
• Identify assumptions that can be used in your APS/HLS that have already
been tested and agreed through a SHLAA Partnership/Developer Working
Group

28. Sunderland City Council : Sunderland
APS
Tips for housing supply success
During the APS/HLS Process
• Use a mixture of consultation processes to engage and consult.
• Build strong relationships with developer/site owners/agents to ensure
delivery forecast consultation is effective and meaningful.
• Use in-house (Council) expertise to gain knowledge or evidence about a
site where its not forthcoming through consultations.
• Make it easy for the Inspector or reader of the APS/HLS to see how you
determined the final delivery forecasts for each site, by using a site
proforma.

29. Sunderland City Council : Sunderland
APS
Contacts
Joanne Scott – Team Leader Strategic Plans
Joanne.Scott@sunderland.gov.uk
Cheryl Askell – Senior Policy Officer
Cheryl.Askell@sunderland.gov.uk

30. local.gov.uk/pas
LGA and PAS Tools
PREDICT FUTURE
DELIVERY AND HDT
PERFORMANCE
PREDICT YOUR LHN ADD IN YOUR DATA
ON 5YHLS AND PLAN
FIGURE/ADOPTION

31. local.gov.uk/pas
Fireside chat