During the final planning club of 2015, we covered the following topics:
• planning enforcement - a look at key planning enforcement difficulties and how to overcome them
• The Planning and Housing Bill - considering the effect of this Bill and the government’s ‘crusade to get 1 million homes built by 2020’ from a planning perspective, with a particular focus on starter homes and the effect of these for local authorities.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
The document summarizes the new optional technical housing standards for planning authorities in England, which aim to simplify existing standards. It outlines that local authorities now have the option to require higher accessibility standards (M4 categories 1-3) and water efficiency standards through their local plans. It also introduces a new nationally described space standard that can be applied as a planning requirement. Local authorities are advised to gather evidence on local need and viability when considering adopting any of these optional standards in their plans or as planning conditions.
Darren WIlding, DCLG - Section 106: What they are and where we arePAS_Team
Section 106 of the Town and Country Planning Act 1990 allows local authorities to require developers to provide contributions related to a development through legal agreements. Recent changes to policy have raised thresholds for when such contributions can be required from certain small sites. Looking ahead, reforms are planned to speed up the section 106 process through faster negotiations, improved transparency and revised guidance.
The Planning Law Update seminar focusses on the Growth and Infrastructure Bill with Royal Assent now expected shortly. It also looks at judicial review of planning decisions. Is Government right to be concerned that third party challenge could be holding back development?
Enhancing the Value of Aboriginal Assets - Brian Kinzieicablearning
This document summarizes several programs and initiatives to enhance First Nations management of reserve lands in British Columbia:
1) The First Nations Commercial and Industrial Development Act enables First Nations to regulate major projects on reserves and replicates provincial laws; five projects have used it so far.
2) The First Nations Land Management regime allows participating Nations to opt out of 34 sections of the Indian Act regarding lands and establish their own management systems; 36 Nations participate nationally.
3) The Land Use Planning Initiative supports Nations in developing land use frameworks for economic and community development; it currently funds pilot plans for three BC Nations.
The document summarizes key aspects of the national planning policy framework in England, including plan-making requirements for local authorities and a presumption in favor of sustainable development. It discusses the duty to cooperate between authorities and examines recent cases related to plan examinations and appeals. The document also outlines the process for approving nationally significant infrastructure projects and legal updates regarding town and village greens, section 106 agreements, and new cost capping rules for environmental judicial reviews.
The document summarizes the new optional technical housing standards for planning authorities in England, which aim to simplify existing standards. It outlines that local authorities now have the option to require higher accessibility standards (M4 categories 1-3) and water efficiency standards through their local plans. It also introduces a new nationally described space standard that can be applied as a planning requirement. Local authorities are advised to gather evidence on local need and viability when considering adopting any of these optional standards in their plans or as planning conditions.
Darren WIlding, DCLG - Section 106: What they are and where we arePAS_Team
Section 106 of the Town and Country Planning Act 1990 allows local authorities to require developers to provide contributions related to a development through legal agreements. Recent changes to policy have raised thresholds for when such contributions can be required from certain small sites. Looking ahead, reforms are planned to speed up the section 106 process through faster negotiations, improved transparency and revised guidance.
The Planning Law Update seminar focusses on the Growth and Infrastructure Bill with Royal Assent now expected shortly. It also looks at judicial review of planning decisions. Is Government right to be concerned that third party challenge could be holding back development?
Enhancing the Value of Aboriginal Assets - Brian Kinzieicablearning
This document summarizes several programs and initiatives to enhance First Nations management of reserve lands in British Columbia:
1) The First Nations Commercial and Industrial Development Act enables First Nations to regulate major projects on reserves and replicates provincial laws; five projects have used it so far.
2) The First Nations Land Management regime allows participating Nations to opt out of 34 sections of the Indian Act regarding lands and establish their own management systems; 36 Nations participate nationally.
3) The Land Use Planning Initiative supports Nations in developing land use frameworks for economic and community development; it currently funds pilot plans for three BC Nations.
The document summarizes key aspects of the national planning policy framework in England, including plan-making requirements for local authorities and a presumption in favor of sustainable development. It discusses the duty to cooperate between authorities and examines recent cases related to plan examinations and appeals. The document also outlines the process for approving nationally significant infrastructure projects and legal updates regarding town and village greens, section 106 agreements, and new cost capping rules for environmental judicial reviews.
West Midlands planning and development club - November 2017, BirminghamBrowne Jacobson LLP
This session provided an introduction to SPVs, looked at key tax considerations when purchasing property, overage and restrictive convenants, and a planning update.
Allerdale Borough Council Local Authority Experience – The Cockermouth Neighb...PAS_Team
The document summarizes the Cockermouth Neighbourhood Development Order in Cumbria, England. It describes four parts of the order: 1) Allowing commercial properties in Market Place to become restaurants, cafes, and bars and use public areas for outdoor seating. 2) Allowing upper floors of shops and offices to be converted into flats. 3) Allowing replacement of shopfronts with design guidelines. 4) Allowing replacement of windows and doors on houses in the conservation area with design guidelines. It then outlines the multi-year process of drafting, consulting on, examining, and approving the order through referendum, which passed with 60.7% support despite a low 19.3% turnout. Key lessons learned
Burgess Farm, Salford - A 350 home development on greenfield land was allowed despite permanent loss of open countryside. The Secretary of State considered it outweighed the significant shortfall in housing land supply.
Clay Farm, Cambridge - A proposed 2,300 home development. The Secretary of State agreed affordable housing levels should not protect historic land values and insulating developers against risk, which would be at the expense of affordable homes.
Oxenholme Road, Kendal - A proposed 148 home development. The inspector accepted the appellant's evidence that the council's proposed benchmark land value of £400,000 per acre for viability would be uncompetitive and could affect mortgage availability. The inspector concluded 35% affordable
This document discusses issues related to Section 106 agreements and approaches to addressing them. It covers policy context, community infrastructure levy (CIL), financial viability assessments, common clause types in S106 agreements, and post-CIL options. Case studies from local authorities demonstrate how they have implemented CIL and handled viability and affordable housing requirements. Managing obligations over the long term through enforcement protocols and maintenance arrangements is also addressed.
This document summarizes a seminar on Section 106 agreements, which are used to mitigate the impacts of development and make it acceptable. It discusses the legal tests agreements must meet, common clauses, obligations versus conditions, affordable housing requirements, and how agreements can be changed. Key points include: S106 agreements must be necessary, related to development, and fairly scaled; they can require obligations but not fund infrastructure listed in a Community Infrastructure Levy schedule; affordable housing clauses should not prevent development; and agreements can be renegotiated after 5 years or have requirements modified if viability is challenged.
The document summarizes the Housing Standards Review which aimed to streamline and simplify housing standards in the UK. Key changes include making access standards, water efficiency standards, and space standards optional for local authorities through building regulations or planning policies. A new mandatory security standard was also added to building regulations. The Code for Sustainable Homes was ended and energy efficiency should now be addressed through building regulations. Transition periods and implementation guidance are provided for local authorities and building control bodies.
The document summarizes the key aspects of the Land Acquisition, Rehabilitation and Resettlement Bill, 2011 introduced in the Lok Sabha. It provides an overview of the bill's provisions related to land acquisition process, compensation rates, rehabilitation and resettlement processes. It also analyzes some key issues around the bill including exemptions provided to certain laws, jurisdiction over private land purchases, thresholds for social impact assessments. The bill aims to balance needs of development and fair compensation/resettlement for affected families, but raises some issues regarding its implementation.
RIGHT TO FAIR COMPENSATION AND REHABILITATION ACT, 2013gopalagarwalca
The document discusses the Right to Fair Compensation and Rehabilitation Act of 2013 in India. It provides background on land acquisition laws and issues in India. It summarizes key aspects of the 2013 Act, including provisions around consent, social impact assessment, compensation packages for land owners, rehabilitation and resettlement of affected families, and infrastructure amenities. It discusses the need for the 2014 ordinance and 2015 amendment bill that amended some provisions of the 2013 Act, including expanding the number of project categories exempt from consent and social impact assessment requirements.
This document outlines proposals for reforms to section 106 planning obligations and the introduction of a dispute resolution process. Key points include:
- Giving the Secretary of State power to restrict section 106 obligations on affordable housing in certain situations.
- Establishing a procedure where if section 106 terms are not agreed within a set time, any party can request appointment of a third party to help resolve outstanding issues.
- The appointed person would have a limited time to issue a report with their process, any agreed terms, and recommendations on disputes. The local authority would then have a short time to either approve based on the report or refuse the application.
- The document seeks feedback on several aspects of the proposed dispute resolution process
Land acquisition (rehabilitation and resettlement) billVarun Vaish
The document summarizes key aspects of the proposed Land Acquisition (Rehabilitation and Resettlement) Bill, 2011 in India. It discusses provisions around determining fair compensation for acquired land, conducting public hearings, appointing administrators for rehabilitation, establishing dispute resolution authorities, and returning unutilized acquired land. The bill aims to balance land acquisition needs with protecting affected communities and ensuring proper rehabilitation and resettlement procedures.
The document provides an overview and update on section 106 case law. It summarizes key cases related to the formalities and requirements of section 106 agreements, the tests for planning obligations under regulation 122, recent appeal decisions on modifying affordable housing obligations, and approaches to enforcing section 106 agreements. The document examines lessons from these cases, such as the need to ensure obligations strictly meet section 106 criteria and that contributions are directly related and necessary to make developments acceptable in planning terms.
Brownfield Registers and Permission in Principle – Update and RTPI ViewIES / IAQM
This document discusses brownfield registers and permission in principle in the UK. It provides the following key points:
- Brownfield registers are local registers of previously developed land suitable for residential development. They are updated annually. To date, 310 local authorities have published brownfield registers identifying 26,000 hectares of developable land.
- Permission in principle allows determination of acceptable uses, scale and location of development in principle. It is granted either through the brownfield register process or via separate application. Further technical details consent is still required to obtain full planning permission.
- The measures aim to improve transparency of brownfield land, provide more certainty for developers, and help track progress in delivering new housing. However, critics
The document provides an overview of the key features of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The summary includes:
1) It outlines the need for a new law combining land acquisition and rehabilitation/resettlement provisions given issues with the outdated 1894 law and need to balance development with protecting farmers' rights.
2) It describes the scope of the new law and its application to both government and private land acquisition over certain area thresholds.
3) It provides a high-level overview of several important provisions including enhanced compensation and rehabilitation packages, restrictions on acquiring multi-crop land, roles for gram sabhas, and benefits for vulnerable groups like S
Getting to Grips with the New Technical Standards for HousingPAS_Team
This document summarizes a presentation about the new technical housing standards in the UK. It discusses the Housing Standards Review panel that provided input during the review process. The presentation outlines some of the key principles of the panel, including that regulation should only be used where there is a clear policy need and market failure. It also notes some progress made so far in rationalizing standards, as well as some outstanding issues. The implications for local planning authorities are discussed, including expectations for local plans regarding optional technical standards. Lastly, it provides an overview of the planning toolkit available and some dangers of over-prescribing standards.
This document provides context and guidance around developer contributions in the UK, specifically regarding Section 106 (s106) obligations. It discusses that s106 obligations must meet legal tests of being necessary, directly related to, and fairly and reasonably scaled to the proposed development. It also notes policies in the National Planning Policy Framework regarding viability and flexibility. The document gives overview of procedures for renegotiating or appealing existing s106 agreements and exceptions. It briefly mentions the Community Infrastructure Levy and highway agreements under section 278 as other relevant mechanisms.
SB 9 And The “End of Single Family Zoning” in California: What You Need To KnowMeyers Nave
Governor Newsom recently signed SB 9 into law which takes effect in January 2022, requiring cities and counties to ministerially approve certain two-unit projects and lot splits. Under the law, if a lot split is followed by the development of a two-unit project on each lot, four units could be built on what was previously a single-family residential parcel. The new law allows local agencies to adopt objective standards to govern these types of projects, yet imposes restrictions on what agencies can require, including limits on parking and setback requirements. Additionally, in order to qualify for a two-unit development or lot split, parcels must meet certain criteria under the law.
The practical impact of SB 9 is that local agencies will lose significant local authority related to development of property in single family zoning districts.
Join Meyers Nave on Monday, September 27 at 12:00 p.m. to explore key issues related to SB 9 including:
What parcels qualify for a two-unit development or lot split
Criteria for approving SB 9 projects
Discretion retained by local agencies to restrict and regulate SB 9 projects
The webinar will also cover additional housing legislation signed by the Governor, including SB 8. We will leave ample time for questions and a lively discussion.
California’s New Affordable Housing Laws – Part ThreeMeyers Nave
Governor Brown signed 15 bills into law on September 29, 2017 that are designed to help address California's affordable housing crisis. The approved bills take different approaches to the housing shortage in California, including providing more funding for affordable housing development, streamlining local government approval of housing projects, restoring local government's authority to impose inclusionary housing requirements on private housing developers, and strengthening the state's anti-NIMBY laws.
The new laws have implications and obligations for municipalities, housing related public agencies, and private developers. To help explain the new affordable housing regulatory landscape, Meyers Nave presented a three-part series addressing the most critical issues under the new laws. This presentation focuses on tightening state requirements for local housing including:
-New Housing Element Law Requirements and New “No Net Loss” Requirements – State Tightening Local Accountability for Accommodating Fair Share of Housing Production (AB 1397, SB 166, AB 879, AB 72)
-New Housing Accountability Act requirements – Putting Teeth in State Anti-NIMBY Laws (SB 167, AB 678, AB 1515)
-Accessory Dwelling Unit Requirements – Making Second Units Workable for Homeowners (AB 494, SB 229)
-Do’s and Don’ts for local governments
-How developers can use the new laws to get housing projects approved
In our first planning club of 2017 we covered:
• formation and use of Section 106 obligations and conditions
• a look at recent changes to permitted development rights
• challenges to planning decisions, including judicial review and appeals.
The Model Tenancy Act aims to balance the rights of landlords and tenants. It requires a written rental agreement specifying rent and terms. Security deposits are capped at two months' rent for homes and six months for commercial properties. Grounds for eviction include non-payment of rent or unauthorized occupation. The Act establishes authorities for dispute resolution - Rent Authority, Rent Court, and Rent Tribunal. However, it may not address challenges like lack of affordable housing and an informal rental market.
West Midlands planning and development club - November 2017, BirminghamBrowne Jacobson LLP
This session provided an introduction to SPVs, looked at key tax considerations when purchasing property, overage and restrictive convenants, and a planning update.
Allerdale Borough Council Local Authority Experience – The Cockermouth Neighb...PAS_Team
The document summarizes the Cockermouth Neighbourhood Development Order in Cumbria, England. It describes four parts of the order: 1) Allowing commercial properties in Market Place to become restaurants, cafes, and bars and use public areas for outdoor seating. 2) Allowing upper floors of shops and offices to be converted into flats. 3) Allowing replacement of shopfronts with design guidelines. 4) Allowing replacement of windows and doors on houses in the conservation area with design guidelines. It then outlines the multi-year process of drafting, consulting on, examining, and approving the order through referendum, which passed with 60.7% support despite a low 19.3% turnout. Key lessons learned
Burgess Farm, Salford - A 350 home development on greenfield land was allowed despite permanent loss of open countryside. The Secretary of State considered it outweighed the significant shortfall in housing land supply.
Clay Farm, Cambridge - A proposed 2,300 home development. The Secretary of State agreed affordable housing levels should not protect historic land values and insulating developers against risk, which would be at the expense of affordable homes.
Oxenholme Road, Kendal - A proposed 148 home development. The inspector accepted the appellant's evidence that the council's proposed benchmark land value of £400,000 per acre for viability would be uncompetitive and could affect mortgage availability. The inspector concluded 35% affordable
This document discusses issues related to Section 106 agreements and approaches to addressing them. It covers policy context, community infrastructure levy (CIL), financial viability assessments, common clause types in S106 agreements, and post-CIL options. Case studies from local authorities demonstrate how they have implemented CIL and handled viability and affordable housing requirements. Managing obligations over the long term through enforcement protocols and maintenance arrangements is also addressed.
This document summarizes a seminar on Section 106 agreements, which are used to mitigate the impacts of development and make it acceptable. It discusses the legal tests agreements must meet, common clauses, obligations versus conditions, affordable housing requirements, and how agreements can be changed. Key points include: S106 agreements must be necessary, related to development, and fairly scaled; they can require obligations but not fund infrastructure listed in a Community Infrastructure Levy schedule; affordable housing clauses should not prevent development; and agreements can be renegotiated after 5 years or have requirements modified if viability is challenged.
The document summarizes the Housing Standards Review which aimed to streamline and simplify housing standards in the UK. Key changes include making access standards, water efficiency standards, and space standards optional for local authorities through building regulations or planning policies. A new mandatory security standard was also added to building regulations. The Code for Sustainable Homes was ended and energy efficiency should now be addressed through building regulations. Transition periods and implementation guidance are provided for local authorities and building control bodies.
The document summarizes the key aspects of the Land Acquisition, Rehabilitation and Resettlement Bill, 2011 introduced in the Lok Sabha. It provides an overview of the bill's provisions related to land acquisition process, compensation rates, rehabilitation and resettlement processes. It also analyzes some key issues around the bill including exemptions provided to certain laws, jurisdiction over private land purchases, thresholds for social impact assessments. The bill aims to balance needs of development and fair compensation/resettlement for affected families, but raises some issues regarding its implementation.
RIGHT TO FAIR COMPENSATION AND REHABILITATION ACT, 2013gopalagarwalca
The document discusses the Right to Fair Compensation and Rehabilitation Act of 2013 in India. It provides background on land acquisition laws and issues in India. It summarizes key aspects of the 2013 Act, including provisions around consent, social impact assessment, compensation packages for land owners, rehabilitation and resettlement of affected families, and infrastructure amenities. It discusses the need for the 2014 ordinance and 2015 amendment bill that amended some provisions of the 2013 Act, including expanding the number of project categories exempt from consent and social impact assessment requirements.
This document outlines proposals for reforms to section 106 planning obligations and the introduction of a dispute resolution process. Key points include:
- Giving the Secretary of State power to restrict section 106 obligations on affordable housing in certain situations.
- Establishing a procedure where if section 106 terms are not agreed within a set time, any party can request appointment of a third party to help resolve outstanding issues.
- The appointed person would have a limited time to issue a report with their process, any agreed terms, and recommendations on disputes. The local authority would then have a short time to either approve based on the report or refuse the application.
- The document seeks feedback on several aspects of the proposed dispute resolution process
Land acquisition (rehabilitation and resettlement) billVarun Vaish
The document summarizes key aspects of the proposed Land Acquisition (Rehabilitation and Resettlement) Bill, 2011 in India. It discusses provisions around determining fair compensation for acquired land, conducting public hearings, appointing administrators for rehabilitation, establishing dispute resolution authorities, and returning unutilized acquired land. The bill aims to balance land acquisition needs with protecting affected communities and ensuring proper rehabilitation and resettlement procedures.
The document provides an overview and update on section 106 case law. It summarizes key cases related to the formalities and requirements of section 106 agreements, the tests for planning obligations under regulation 122, recent appeal decisions on modifying affordable housing obligations, and approaches to enforcing section 106 agreements. The document examines lessons from these cases, such as the need to ensure obligations strictly meet section 106 criteria and that contributions are directly related and necessary to make developments acceptable in planning terms.
Brownfield Registers and Permission in Principle – Update and RTPI ViewIES / IAQM
This document discusses brownfield registers and permission in principle in the UK. It provides the following key points:
- Brownfield registers are local registers of previously developed land suitable for residential development. They are updated annually. To date, 310 local authorities have published brownfield registers identifying 26,000 hectares of developable land.
- Permission in principle allows determination of acceptable uses, scale and location of development in principle. It is granted either through the brownfield register process or via separate application. Further technical details consent is still required to obtain full planning permission.
- The measures aim to improve transparency of brownfield land, provide more certainty for developers, and help track progress in delivering new housing. However, critics
The document provides an overview of the key features of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The summary includes:
1) It outlines the need for a new law combining land acquisition and rehabilitation/resettlement provisions given issues with the outdated 1894 law and need to balance development with protecting farmers' rights.
2) It describes the scope of the new law and its application to both government and private land acquisition over certain area thresholds.
3) It provides a high-level overview of several important provisions including enhanced compensation and rehabilitation packages, restrictions on acquiring multi-crop land, roles for gram sabhas, and benefits for vulnerable groups like S
Getting to Grips with the New Technical Standards for HousingPAS_Team
This document summarizes a presentation about the new technical housing standards in the UK. It discusses the Housing Standards Review panel that provided input during the review process. The presentation outlines some of the key principles of the panel, including that regulation should only be used where there is a clear policy need and market failure. It also notes some progress made so far in rationalizing standards, as well as some outstanding issues. The implications for local planning authorities are discussed, including expectations for local plans regarding optional technical standards. Lastly, it provides an overview of the planning toolkit available and some dangers of over-prescribing standards.
This document provides context and guidance around developer contributions in the UK, specifically regarding Section 106 (s106) obligations. It discusses that s106 obligations must meet legal tests of being necessary, directly related to, and fairly and reasonably scaled to the proposed development. It also notes policies in the National Planning Policy Framework regarding viability and flexibility. The document gives overview of procedures for renegotiating or appealing existing s106 agreements and exceptions. It briefly mentions the Community Infrastructure Levy and highway agreements under section 278 as other relevant mechanisms.
SB 9 And The “End of Single Family Zoning” in California: What You Need To KnowMeyers Nave
Governor Newsom recently signed SB 9 into law which takes effect in January 2022, requiring cities and counties to ministerially approve certain two-unit projects and lot splits. Under the law, if a lot split is followed by the development of a two-unit project on each lot, four units could be built on what was previously a single-family residential parcel. The new law allows local agencies to adopt objective standards to govern these types of projects, yet imposes restrictions on what agencies can require, including limits on parking and setback requirements. Additionally, in order to qualify for a two-unit development or lot split, parcels must meet certain criteria under the law.
The practical impact of SB 9 is that local agencies will lose significant local authority related to development of property in single family zoning districts.
Join Meyers Nave on Monday, September 27 at 12:00 p.m. to explore key issues related to SB 9 including:
What parcels qualify for a two-unit development or lot split
Criteria for approving SB 9 projects
Discretion retained by local agencies to restrict and regulate SB 9 projects
The webinar will also cover additional housing legislation signed by the Governor, including SB 8. We will leave ample time for questions and a lively discussion.
California’s New Affordable Housing Laws – Part ThreeMeyers Nave
Governor Brown signed 15 bills into law on September 29, 2017 that are designed to help address California's affordable housing crisis. The approved bills take different approaches to the housing shortage in California, including providing more funding for affordable housing development, streamlining local government approval of housing projects, restoring local government's authority to impose inclusionary housing requirements on private housing developers, and strengthening the state's anti-NIMBY laws.
The new laws have implications and obligations for municipalities, housing related public agencies, and private developers. To help explain the new affordable housing regulatory landscape, Meyers Nave presented a three-part series addressing the most critical issues under the new laws. This presentation focuses on tightening state requirements for local housing including:
-New Housing Element Law Requirements and New “No Net Loss” Requirements – State Tightening Local Accountability for Accommodating Fair Share of Housing Production (AB 1397, SB 166, AB 879, AB 72)
-New Housing Accountability Act requirements – Putting Teeth in State Anti-NIMBY Laws (SB 167, AB 678, AB 1515)
-Accessory Dwelling Unit Requirements – Making Second Units Workable for Homeowners (AB 494, SB 229)
-Do’s and Don’ts for local governments
-How developers can use the new laws to get housing projects approved
In our first planning club of 2017 we covered:
• formation and use of Section 106 obligations and conditions
• a look at recent changes to permitted development rights
• challenges to planning decisions, including judicial review and appeals.
The Model Tenancy Act aims to balance the rights of landlords and tenants. It requires a written rental agreement specifying rent and terms. Security deposits are capped at two months' rent for homes and six months for commercial properties. Grounds for eviction include non-payment of rent or unauthorized occupation. The Act establishes authorities for dispute resolution - Rent Authority, Rent Court, and Rent Tribunal. However, it may not address challenges like lack of affordable housing and an informal rental market.
Emily Harvey, Savills - CIL Latest Research & FindingsPAS_Team
CIL is a locally set tax on new development introduced in 2008. It does not replace Section 106 obligations, which may still be required in addition to CIL. CIL is calculated based on the net increase in floorspace of a development and is paid in stages. While CIL provides funding for infrastructure, local authorities must balance CIL rates, Section 106 requirements, and affordable housing policies to ensure viable development. Developers must carefully consider CIL regulations and a local authority's charging schedule to understand their financial obligations and ensure full compliance.
At the Spring planning club of 2016, we covered the following topics:
• starter homes - recent updates and the effect of these for local authorities
• viability and section 106 agreements - we will be looking at the effect of viability on planning obligations and how viability issues can be addressed in the section 106 agreement
• planning enforcement in relation to heritage assets and a review of case law from the perspective of a local authority.
https://www.brownejacobson.com/sectors-and-services/services/real-estate/planning
Our autumn planning club of 2016 covered the following topics:
- starter homes and devolution
- environmental impact assessments
- and sustainable urban drainage systems.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...PAS_Team
This document provides an overview and discussion of developer contributions through the Community Infrastructure Levy (CIL) and Section 106 planning obligations. It discusses when viability assessments should be considered, the basic elements of viability assessments, and tests for Section 106 obligations. It also addresses timing regulations for Section 106 and CIL, delivery and viability of development, renegotiation of Section 106 agreements, and appeals. Key points discussed include setting CIL rates, why local authorities should implement CIL, and the potential economic effects of CIL.
Our planning and development club 2016 covered the following topics.
• Starter Homes - an update on the proposed introduction of starter homes.
• Case of Stratford on Avon District Council v Persimmon Homes Ltd - consideration of an attempt by Avon District Council to compel a house builder to comply with certain planning conditions pertaining to its permission to build 85 houses. Court considered the Council’s actions unnecessary and disproportionate and verging on oppressive.
• Consideration of flood risk and how is impacts on planning applications - a reminder of the flooding considerations that will be taken into account by a local authority and how this could impact on developers’ applications and obligations.
• Overage - key considerations and tips and traps for both landowners and developers in agreeing an overage clause.
https://www.brownejacobson.com/sectors-and-services/services/real-estate/planning
Our November planning and development club covered the following topics;
• selling developments to investors; points to note - Kassra Powles
• working with the public sector - Alex Kynoch
• planning update - Dmitrije Sirovica
For further advice and training visit our webpage - https://www.brownejacobson.com/
At our planning and development club we covered the following topics:
• starter homes - the saga continues
• SDLT changes 2016
• brexit - possible implications
• recent property case law - some points to note.
https://www.brownejacobson.com/sectors-and-services/services/real-estate/planning
DCPR 2034 - Changing Landscape of Mumbai Real EstateHiralDesai15
DCPR 2034 has far-reaching implication on the Mumbai's growth.The new policy has cleared a lot of ambiguity related to construction and redevelopment activities.This progressive step by the government is an indication of promising growth of real estate sector which is expected to contribute 11% of the GDP of India by 2020.
This document discusses the pros and cons of two approaches to funding infrastructure from new developments: Section 106 planning obligations and the Community Infrastructure Levy (CIL). While S106 can slow down the planning process and lacks transparency, CIL provides a fairer, faster, and more certain system through a fixed levy per square meter of new development. The document also notes that over 100 local authorities in the UK have adopted CIL and reviews its effectiveness, including exempting 'starter homes' from CIL charges.
Strata Law - Legislation, CMSs and Plans - Andrew Suttie Stephen Robertson
Body Corporate and Strata Law - Community Titles Schemes, discussion of the Body Corporate and Community Management Act Queensland, plans and related issues
(September 3 2015, Sunshine Coast Strata Learning Group, Session 1)
In our June planning & development club we covered:
- an insider’s guide to housing association development
- air quality and planning update
- finance for development projects: meeting the funder's requirements for construction contracts.
Visit our website for further training and resources - https://www.brownejacobson.com/
Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...PAS_Team
With less than a year until local authorities will be unable to pool (five or more) s106 obligations for a single project or scheme there is an immediacy for many to get a CIL in place. This presentation will help you to understand the relevance of viability and it will help you to understand the role for the Community Infrastructure Levy and other developer payments.
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and ...PAS_Team
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and delivering infrastructure) - A copy of the presentation given by DLUHC at a PAS workshop
Rollits Planning Focus - General Election Special (April 2015)Pat Coyle
The upcoming General Election is set to be one of the most keenly contested political battles for some time. The political parties have now published their Manifestos to varying degrees of fanfare. Within this Newsletter we have sought to set out some of the main planning and development policies contained within each Manifesto.
CIL Legal Update- Oliver Martin, RTPI West Midlands CPDDesign South East
The document summarizes proposed changes to the UK's Community Infrastructure Levy (CIL) regulations, including allowing CIL funds to be used for infrastructure maintenance, exempting some replacement permissions from CIL charges, and correcting errors in the CIL calculation methodology. It also discusses a case where differential retail development rates were not supported, and potential issues with CIL such as its impact on development viability when combined with section 106 requirements.
Gilian Macinnes, PAS: S106 – Where we are - current contextPAS_Team
This document summarizes current policies and regulations regarding Section 106 agreements in the UK. Key points include:
- S106 agreements can restrict land use/development, require certain activities, or require payments to local authorities. They are enforceable against current and future landowners.
- S106 agreements must meet legal tests of being necessary, directly related to, and fairly related in scale/kind to the proposed development.
- Local authorities are encouraged to renegotiate existing S106 agreements to ensure they still meet these tests and address changes in market conditions/viability.
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
This document discusses school exclusions and provides guidance on the topic. It begins with an overview of the exclusions landscape and key documents related to exclusions. It then outlines prospective changes being made to exclusions policy, including recommendations from the Timpson Review. The exclusions process is explained as a multi-stage process involving the head teacher's decision, governing board review, and potential independent review panel. Finally, tips are provided to avoid common pitfalls in the exclusions process related to issues like SEND, documentation, and timelines.
Procurement workshop training slides - Birmingham sessionBrowne Jacobson LLP
Managing procurement risks and challenges aims to increase understanding of procurement processes and risks, and knowledge of risk mitigation strategies. The document outlines several procurement stages and associated risks, including pre-market engagement, selection, tendering, contract award, and modifications. Key risks include challenges from bidders, non-compliance with regulations, undisclosed evaluation criteria, and substantial contract changes. Mitigation strategies include transparency, equal treatment of bidders, thorough documentation, and compliance with regulations.
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
Ongoing austerity requires authorities to “sweat their assets” and land holdings are a significant focus for the generation of revenue and capital. These slides cover commercial and public law considerations in relation to:
- Powers to acquire land
- Powers to invest through land acquisition including investment purchases
- Potential barriers to disposal
- Powers to appropriate land
- Planning permission
- Powers to dispose of land
- Pre-conditions relating to disposal of land
- A capital receipt or a revenue stream
- Development vehicles and options
- Who do you need to be able to satisfy as to the legality of land transactions
Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators? What happens when a key individual leaves the business – how do you ensure that your R&D crown jewels remain legitimately protected? In a market of ever increasing competitive collaboration, setting up the right strategy to ensure the appropriate safeguards are in place and are communicated to your employees is important.
Browne Jacobson, Deloitte and DoctorLink are pleased to invite you to our first joint health tech seminar with leading industry thought leaders. This will be a practical session, sharing experience from across the NHS and beyond to inform options on how to improve services, break down silos and focus on population health outcomes.
This event is exclusively for Commissioners, GPs, and Policymakers keen to understand how new integrated care systems and models of care can meet the needs of their local population and can be implemented pragmatically and affordably to drive improvement goals and achieve better health, better care and better value.
Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
1. Implement a clear, well-publicized complaints procedure that outlines appropriate steps and timelines.
2. Address social media issues promptly by controlling the narrative and responding diplomatically or ignoring depending on the circumstances.
3. Understand when the law can help, such as the Protection from Harassment Act for addressing vexatious complaints.
4. Escalate complaints appropriately and clarify the desired outcome to resolve issues efficiently. Stand back when complaints are really about private disputes rather than the school.
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations. It has already recommended that the Government sets up a Payment Scheme for former Child Migrants, and the Government has acted upon it.
Is a redress scheme the way forward for abuse claims? How might it impact your organisation? We are helping more and more organisations explore the pros and cons of redress schemes so that they can decide whether a scheme is right for them and what the longer term impacts might be.
Our Birmingham Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our London Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
- 'wearing two hats' - managing the legal risks of conflicts of interest and allegations of pre-determination/bias
- information law update session - freedom of information (FOI) cases, General Data Protection Regulation (GDPR)
- case law update
- judicial review - tactics for dealing with judicial review and case law
In this webinar recording, Selina Hinchliffe, Alex Kynoch, Nick Smee and Helen Jones hold a panel discussion covering some of the key state aid concepts and how this impacts ownership and licensing of intellectual property, both from a commercial partner, public body and university perspective.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Every business, and every in house lawyer, will at some point be involved with an enquiry, an investigation, or potential litigation. During litigation, documents – including emails, attendance notes and reports – which are relevant to the litigation may have to be disclosed if they are not privileged.
So businesses need to know how it can assess litigation risk or conduct an enquiry without creating documents that it then has to produce and which may be detrimental to its position. The law on this issue has recently been considered by the Court of Appeal in two key cases: WH Holding Ltd v E20 Stadium LLP and SFO v Eurasian Natural Resources Corp Ltd.
In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify these issues when they arise and to know how you can best protect your position.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
In this practical session we explored the legal duties of directors and the difficulties which they may face. The session focussed on individuals who are directors for public sector companies, including their role, obligations and competing interests which may arise.
At our February planning club we covered the following topics:
- planning performance agreements
- expert evidence in planning inquiries
- certificates of lawful use.
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Working with data is a challenge for many organizations. Nonprofits in particular may need to collect and analyze sensitive, incomplete, and/or biased historical data about people. In this talk, Dr. Cori Faklaris of UNC Charlotte provides an overview of current AI capabilities and weaknesses to consider when integrating current AI technologies into the data workflow. The talk is organized around three takeaways: (1) For better or sometimes worse, AI provides you with “infinite interns.” (2) Give people permission & guardrails to learn what works with these “interns” and what doesn’t. (3) Create a roadmap for adding in more AI to assist nonprofit work, along with strategies for bias mitigation.
Food safety, prepare for the unexpected - So what can be done in order to be ready to address food safety, food Consumers, food producers and manufacturers, food transporters, food businesses, food retailers can ...
About Potato, The scientific name of the plant is Solanum tuberosum (L).Christina Parmionova
The potato is a starchy root vegetable native to the Americas that is consumed as a staple food in many parts of the world. Potatoes are tubers of the plant Solanum tuberosum, a perennial in the nightshade family Solanaceae. Wild potato species can be found from the southern United States to southern Chile
Synopsis (short abstract) In December 2023, the UN General Assembly proclaimed 30 May as the International Day of Potato.
Donate to charity during this holiday seasonSERUDS INDIA
For people who have money and are philanthropic, there are infinite opportunities to gift a needy person or child a Merry Christmas. Even if you are living on a shoestring budget, you will be surprised at how much you can do.
Donate Us
https://serudsindia.org/how-to-donate-to-charity-during-this-holiday-season/
#charityforchildren, #donateforchildren, #donateclothesforchildren, #donatebooksforchildren, #donatetoysforchildren, #sponsorforchildren, #sponsorclothesforchildren, #sponsorbooksforchildren, #sponsortoysforchildren, #seruds, #kurnool
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Combined Illegal, Unregulated and Unreported (IUU) Vessel List.Christina Parmionova
The best available, up-to-date information on all fishing and related vessels that appear on the illegal, unregulated, and unreported (IUU) fishing vessel lists published by Regional Fisheries Management Organisations (RFMOs) and related organisations. The aim of the site is to improve the effectiveness of the original IUU lists as a tool for a wide variety of stakeholders to better understand and combat illegal fishing and broader fisheries crime.
To date, the following regional organisations maintain or share lists of vessels that have been found to carry out or support IUU fishing within their own or adjacent convention areas and/or species of competence:
Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)
Commission for the Conservation of Southern Bluefin Tuna (CCSBT)
General Fisheries Commission for the Mediterranean (GFCM)
Inter-American Tropical Tuna Commission (IATTC)
International Commission for the Conservation of Atlantic Tunas (ICCAT)
Indian Ocean Tuna Commission (IOTC)
Northwest Atlantic Fisheries Organisation (NAFO)
North East Atlantic Fisheries Commission (NEAFC)
North Pacific Fisheries Commission (NPFC)
South East Atlantic Fisheries Organisation (SEAFO)
South Pacific Regional Fisheries Management Organisation (SPRFMO)
Southern Indian Ocean Fisheries Agreement (SIOFA)
Western and Central Pacific Fisheries Commission (WCPFC)
The Combined IUU Fishing Vessel List merges all these sources into one list that provides a single reference point to identify whether a vessel is currently IUU listed. Vessels that have been IUU listed in the past and subsequently delisted (for example because of a change in ownership, or because the vessel is no longer in service) are also retained on the site, so that the site contains a full historic record of IUU listed fishing vessels.
Unlike the IUU lists published on individual RFMO websites, which may update vessel details infrequently or not at all, the Combined IUU Fishing Vessel List is kept up to date with the best available information regarding changes to vessel identity, flag state, ownership, location, and operations.
Contributi dei parlamentari del PD - Contributi L. 3/2019Partito democratico
DI SEGUITO SONO PUBBLICATI, AI SENSI DELL'ART. 11 DELLA LEGGE N. 3/2019, GLI IMPORTI RICEVUTI DALL'ENTRATA IN VIGORE DELLA SUDDETTA NORMA (31/01/2019) E FINO AL MESE SOLARE ANTECEDENTE QUELLO DELLA PUBBLICAZIONE SUL PRESENTE SITO
3. Relevant Legislation
• Town and Country Planning Act 1990 Part VII
• Planning and Compensation Act 1991 – Amended Part
VIII Town and Country Planning Act 1990
• S.330 Town and Country Planning Act 1990
• S.16 Local Government (Miscellaneous Provisions) Act
1976
• Community Infrastructure Levy Regulations 2010 (as
amended)
• Proceeds of Crime Act 2002
5. Types of Enforcement Action
• Powers of entry – S196 TCPA 1990
• Proceeds of Crime Act 2002
• Section 215 Notice – S215 TCPA 1990
• Relevant demolition – S196D TCPA 1990
• Warning Notice/Stop Notice – Reg. 89/90
Community Infrastructure Levy Regulations
2010 (as amended)
6. Time limits for Enforcement
Action
• A time limit of 4 years applies for enforcement action concerning
operational development and change of use of any building to use
as a single dwelling house – S171B (1) and (2) Town and Country
Planning Act 1990
• A time limit of 10 years applies to any other breach of planning
control and no enforcement action may be taken after this period
of time, beginning with the date of the breach - S171B (3) Town
and Country Planning Act 1990
7. Time Limits for Enforcement
Action
• Where a breach has been deliberately concealed, the Localism Act
2011 inserted into S171BA, S171BB and S171BC of the Town &
Country Planning Act 1990, a power which allows local planning
authorities to apply to the court for a Planning Enforcement Order
which, if granted, gives them a 12 month period to take
enforcement action, even where the relevant 4 or 10 year period
has expired.
8. Expediency/Public Interest
• Has a breach been established?
• Does it warrant enforcement action?
• Is enforcement action expedient? Section 172 TCPA 1990 – the LPA
may issue a notice where it appears to them:-
• (a) that there has been a breach of planning control; and
• (b) that it is expedient to issue the notice, having regard to the
provisions of the development plan and any other material
considerations
9. Expediency/Public Interest
• Local Authorities should also considered whether:
i) the proposed action is in the public interest
ii) the breach is sufficiently harmful to justify taking action.
iii) the proposed action is reasonable and
commensurate with the breach to which it relates
iv) the action undertaken would be cost effective
v) the development is in accordance with planning policies
10. Expediency/public interest
• Are there any human rights issues?
• Enforcement policy
• CPS Code/concordat
• Authorisation
• Costs
11. Development
• Section 55 (1) TCPA 1990 defines ‘development’ as the carrying
out of building, engineering, mining or other operations in, on,
over or under land, OR the making of any MATERIAL change in the
use of any buildings or other land.
• Operational development:
-Demolition
-Rebuilding
-Structural alterations/additions
-other operations carried out by a builder
12. Breach of Planning Control S.171
TCPA 1990
• Section 171:-
• (1) for the purposes of this Act-
(a) carrying out development without the
required planning permission; or
(b) Failing to comply with any condition or
limitation subject to which planning permission
has been granted or pursuant to permitted
development rights under GDPO 2015
Constitutes a breach of planning control
13. Breach of planning control
• Check whether there are permitted development
rights – permitted development rights which
require an EIA statement will require Planning
Permission
• Check use classes/sui generis
• Mixed use – all or part lawful?
• Exceptions – i.e. incidental to enjoyment of
dwelling house (S.55(2)(d); agricultural/forestry
use (S.55(2)(e)
14. Planning Enforcement Order
• Section 124 – new Planning Enforcement Order Regime to cover
cases of concealment following the case of Fidler and Welwyn.
• Apply to the Magistrates Court
• If granted, the LPA may take enforcement action in respect of-
• (a) the apparent breach, or
• (b) any of the matters constituting the apparent breach
• The ‘Enforcement Year’ begins at the end of 22 days from the date
of the Court’s decision. If referred to the High Court the year
starts on the date proceedings are finally determined.
15. Community Infrastructure Levy
• Regulations 80-86 allow LPA’s to apply surcharges for:-
(a) failure to assume liability
(b) apportionment of liability
(c) failure to submit notice of chargeable
development
(d) failure to submit a commencement notice
(e) disqualifying events
(f) late payment
(g) Failure to comply with an information notice
16. Community Infrastructure Levy
• Regulation 89 – a Stop Notice may be issued if:-
• (a) an amount which has become payable in
respect of a chargeable development has not been
paid; and
• (b) the collecting authority considers it expedient
that development should stop until the amount has
been paid
17. Community Infrastructure Levy
• Regulation 89 (2) requires the LPA to issue a notice
warning of its intention to impose a CIL stop notice
in respect of the chargeable development “Warning
Notice”.
• Regulation 89 (3), (4) and (5) set out the content of
the Warning Notice and who it should be served on.
18. Community Infrastructure Levy
• Regulation 90(1) This regulation applies if-
(a) The collecting authority has issued a warning notice in respect of
a chargeable development; and
(b) The amount specified in the warning notice is unpaid (in whole or
in part) at the end of the period specified in the notice
(2) The collecting authority may serve a CIL stop notice in respect of
the chargeable development.
Regulation 90 (3) & (4) set out the contents of the Notice and who it
should be served on.
19. Appeals
• Enforcement Notices can be appealed
• Section 215 Notices may be appealed
• CIL Surcharges may be appealed
• CIL Stop Notices may be appealed
• No right of appeal against a Breach of Condition
Notice.
• No right of appeal against Temporary Stop Notice.
20. Case Law
• R v Del Basso and another v R [2010] EWCA Crim 1119 –
confiscation order of £760,000.
• Bowring v Secretary of State Department of
Communities and Local Government [2013]
• R (on the application of Tesco Stores Ltd) v Forest of
Dean District Council [2014]
• Slough Borough Council v Qazi Mohammed Naeem
Qureshi [2015] – confiscation order of £300,000
23. The Planning and Housing Bill (1)
• First reading – 13 October 2015
• Currently at the reporting stage of the House of
Commons
• Expected to take another 12 – 18 months before
coming into force
24. The Planning and Housing Bill (2)
• Aims/rationale of the Bill
– Ensure that over 230,000 homes are built a year
– Make sure that the planning system does not add any
unnecessary obstacles to the delivery of new homes
– Intention for decision makers in local authorities to
“have the tools necessary to support and promote an
increase in housing supply and at a quicker pace”
25. The Planning and Housing Bill (3)
1. New Homes in England
2. Rogue Landlords and letting agents in England
3. Recovering abandoned premises in England
4. Social Housing in England
5. Housing, Estate Agents and Rentcharges: Other changes
6. Planning in England
7. Compulsory Purchase etc.
8. General
26. Self-build and custom house
building
• Clauses 8 – 11
• Duty on Councils to provide enough sites to meet
the demand for custom-build and self-build
properties
• Will be clause to allow SoS to make regulations
about how and when authorities can apply for an
exemption from the duty
• Necessary?
27. Rogue Landlords and letting
agents in England (1)
• Part 2 of the Bill introduces the concept of banning
orders
• They will have the effect of banning a person from:
– Letting housing in England;
– Engaging in letting agency work; or
– Engaging in property management work.
• A ban must last for at least 6 months
• Up to £5,000 penalty if breached
28. Rogue Landlords and letting
agents in England (2)
• Local housing authorities can apply for a banning
order to first tier tribunal
• Must give the person a notice of intended
proceedings informing them that:
– The authority is proposing to apply for an order; and
– The reasons why; and
– Inviting them to make representations during the
notice period.
• Database of rogue landlords and letting agents
29. Traveller sites
• Section 91(2) of the current bill sets out that
section 225 and 226 (accommodation needs of
gypsies and travellers) will be removed
• Still a requirement to assess the need and plan for
them under the NPPF
• How should this be interpreted?
30. Planning in England
• Neighbourhood planning;
• Local planning;
• Planning in Greater London;
• Local registers of land and permission in principle;
• Planning permission;
• Nationally significant infrastructure projects; and
• Urban development corporations
• Compulsory purchase
31. Social housing (excluding Starter
Homes)
• Extension of the right to buy on a voluntary basis
• Vacant high value local authority housing
– Payment from Councils to the Government for
having vacant high value property
– No definition of high value
• High income social tenants – mandatory rent
– For those earning above £30,000 outside of London
32. Neighbourhood planning
• Increased powers for SoS to intervene in the
preparation of neighbourhood areas
– Can require the LPA to designate the entire area applied
for as a neighbourhood area
– Will be able to set time limits by which an approved plan
must be approved
– Will be able to “direct the LPA to act in a way that is not
in accordance with what was recommended by the
examiner”
• Requirement for LPAs to notify neighbourhood forums
of planning applications in the designated area
33. Local planning
• Power for the SoS to intervene if local plans are
not delivered effectively
• SoS has new powers to:
– prepare or revise development plans;
– direct the Council how to proceed to implement the
development plan
– direct the examiner of any development plan to
suspend examination to consider specified matters
or hear evidence
34. Planning in Greater London
• Greater powers to the Mayor of London on planning
applications
– Whether they are determined by the Mayor or
whether they are directed to the LPA to refuse
• Intended to boost housing in the capital
35. Permission in principle/technical
consent (1)
• A new section in the TACPA 1990
• Expected to be limited to minor housing
developments initially (fewer than 10 units)
• A development order would grant permission in
principle to land that is allocated for development
in a qualifying document
• Initially only applicable to land in the Brownfield
Register, Development Plan documents and
Neighbourhood Plans
36. Permission in principle/technical
consent (2)
• If requirements are satisfied, permission in
principle is automatic
• Permission in principle will be granted at the time
the qualifying document is adopted
• LPA can either grant or refuse – cannot impose
conditions
37. Permission in principle/technical
consent (3)
• Technical consent process
– along with permission in principle will grant full
planning permission
– must be made in accordance with the permission in
principle
– conditions may be attached at this point of the
application process
– LPAs will not be able to reconsider the principle of
development unless there has been a material
change
38. Planning permission (1)
• Certain permitted development rights delegated to
LPAs
– should take into account local sensitivities
• Ability for SoS to “designate” authorities has been
expanded
– now includes minor developments
39. Planning Permission (2)
• Obligation on LPAs to disclose financial benefits as
a result of a proposed development:
– must be included in report to committee; or
– to the authority itself.
• Regardless of whether it is material to the decision
or not, the financial benefit must be recorded
40. Brownfield Land Register
• Government commitment to get planning
permission for 90% of brownfield land
• SoS can make regulations to require LPAs to
“prepare, maintain and publish”
• Register of land of a prescribed description or
which satisfies prescribed criteria
• Land suitable for housing development
41. Nationally significant infrastructure
• Consent under the nationally significant planning
regime for housing within major infrastructure
projects
• Government guidance to be produced setting out
the details of the amount of housing that may be
granted
• Includes housing functionally links to the
infrastructure project and housing where there is a
close geographical link
42. Urban development corporations
• New consultation requirements on the SoS before
designated an urban development area
• Changes to the parliamentary procedure for making
urban development orders
43. Compulsory purchase (1)
• The Bill includes provisions to help to speed up the
compulsory purchase regime, including:
– timetabling steps to be taken by local authorities to
confirm a compulsory purchase order;
– providing statutory time limits for notice to treat
and general vesting declarations; and
– enabling counter notices to be served requiring the
authority to take possession of the land on a
specified date.
44. Compulsory purchase (2)
• Additional powers for acquiring authorities to enter
and survey land
• Provision for a warrant to authorise the use of
force to enter land to carry out a survey
• Greater clarity on CPO timetables
• Clarification on compensation payments
45. Next steps
• LPAs should keep up to date with the Bill as it
progresses
– Could be subject to amendments/changes
• The changes are intended to speed up the process –
will this have an impact on LPA resources?
• Potentially coming into force late 2016/ early 2017
47. Starter Homes - The Policy Commitment
• Conservative Party Manifesto commitment to
build more homes that people can afford
including 200,000 starter homes exclusively for
first-time buyers under 40.
48. So what is a Starter Home?
• Definition in S1 of the Bill
• Means a building or part of a building that—
– (a) is a new dwelling,
– (b) is available for purchase by qualifying first-time buyers
only,
– (c) is to be sold at a discount of at least 20% of the market
value,
– (d) is to be sold for less than the price cap, and
– (e) is subject to any restrictions on sale or letting specified in
regulations made by the Secretary of State. (Regulations may
cover minimum age or nationality and limit purchases to owner
occupiers.)
49. The Price Cap
Clause 2 specifies the maximum price that a starter home
may be sold to a first time buyer.
• the price cap is £250,000 outside Greater London and
£450,000 in Greater London.
• That price cap reflects the published proposed maximu
m threshold for the Help to Buy ISA.
• The Secretary of State can through regulations amend t
hese price caps and set different price caps for diffe
rent areas.
50. Duties under Act.
• Clause 3.
An English Planning Authority must carry out its relevant planning
functions with a view to promoting the supply of starter homes in
England.
• Clause 4. An English planning authority will only be able
to grant planning permission for certain
residential developments if specified requirements
relating to starter homes are met.
• Requirements will be set out in regulations including
– the proportion or number of starter homes
– commuted sums to be paid.
– discretionary powers for local planning authorities.
– thresholds for S106 Agreements providing starter homes
– exemptions for types of housing.
51. Further Definitions.
• English Planning Authority can be either a Local
Planning Authority or the Secretary of State
• Relevant planning functions include
(a) functions under Part 3 of the Town and Country Planning
Act 1990, other than functions relating to the grant of
permission in principle;
(b) functions under Part 8 of the Greater London Authority
Act 1999;
(c) functions under Part 2 of the Planning and Compulsory
Purchase Act 2004.
52. New dwellings
“New dwelling” means a building or part of a
building that—
(a) has been constructed for use as a single dwelling
and has not previously been occupied, or
(b) has been adapted for use as a single dwelling and
has not been occupied since its adaptation.
53. Enforcement
• Monitoring Provisions are contained in S5.
• Local Planning Authority is to prepare reports containing
information about the carrying out of its functions in relation
to starter homes.
• Form, content and timing or reports to be specified in
regulations.
• Can be combined with normal monitoring reports.
• S6 allows Secretary of State to issue Compliance Directions
• Purpose is to dictate that Local Planning Authorities ignore
their own policies which seek to frustrate the provision of
starter homes.
54. Proposed changes to national
planning policy
• Consultation announced Dec 2015
• Proposals include:
– Allowing Councils to “allocate appropriate small-
scale sites in the Green Belt specifically for starter
homes”
– Land allocated to employment or commercial uses
should not be ring fenced indefinitely to enable
residential development
55. Proposed changes to national
planning policy
– Encouraging starter homes in mixed use
developments
– Increasing residential density around commuter
hubs, to make more efficient use of land in suitable
locations
• Consultation closes 25 January 2016
The notice period must not be less than 28 days.
The authority must consider any representations made during the notice period and wait until this period has ended before applying for a banning order.
A notice of intended proceedings must be given within 6 months from the date on which the person is convicted of a banning order offence.
Concerns the housing needs go gypsies
Requirement to notify is
Introduced in the Localism Act 2011 – gives local residents to influence the development of planning policy
25% of revenue from CIL if it’s a charging authority and there is a neighbourhood plan in place. Although 15% of CIL is given to the Parish Council regardless of whether there is a Neighbourhood plan or not.
Some of the detail e.g which areas will be automatic will be in regulations following the Bill – so we don’t know the detail yet
only if the LPA is specifically asked to do so.
The hope is that the increased control will ensure that plans are adopted sooner
Used to just apply to major developments - Since 2012, developers putting forward applications for major development have been able to
submit these applications to the Planning Inspectorate for decision should the local planning authority not make a decision on time. This has seen the number of major applications decided on time increase to 78% in April to June 2015, compared with 57% in July to September 2012, when the designation was first introduced.
SoS has to publish a time table setting out steps to be taken by confirming authorities
Extension on VD time periods – the minimum time period between the notice period and the vesting period will be extended from 28 days to 3 months
Extension to notice
Clarifies what information must be included in a request for an advance payment
Requires an acquiring authority to pay interest if it fails to make an advance payment when due – and a requirement to repay any advance payment if the authority doesn’t end up taking possession
The bill makes it clear that the court has the power to quash the decision to confirm the compulsory purchase order as well as the power to quash any provision of the order itself
Extension of time to implement a compulsory purchase order where a CPO has been challenged in the courts.
period required for an acquiring authority under notice to treat – extended from 14 days to 3 months
Will there be more pressure on LPAs to get planning through quickly? Will this have an impact on already stretched councils to meet further deadlines or run the risk of the SoS becoming involved.
Unclear at this stage how quickly the requirements will be enforced once the bill is in force – uncertainty for LPAs
“make clear that unviable or underused employment land should be released unless there is significant and compelling
evidence to justify why such land should be retained for employment use”
In cases where existing mixed use commercial developments contain unlet
commercial units, we consider that where appropriate they could usefully be
converted to housing including as starter homes. There would need to be clear
evidence that the unit has remained unlet for a reasonable period or there is little
likelihood of the unit being let for a commercial use.