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A bit of a pickle?

01 September 2010

When Secretary of State for Communities and Local Government Eric Pickles told council leaders in May of his intention to abolish Regional Spatial Strategies (RSS), it came as little surprise to the development industry or local planning authorities.

This had, after all, been well signposted in previous months as part of the Conservatives’ proposed ‘localism’ agenda and in subsequent commitments in the coalition agreement.

What has surprised many, however, is the speed at which subsequent steps to revoke this layer of strategic planning policy have been taken – not least because of the lack of public consultation leading up to this decision – and the apparent failure to provide transitional provisions in the meantime.

This rather unsatisfactory state of affairs has led to a so-called ‘policy vacuum’, which has been compounded by what some see as inappropriate use of existing and somewhat obscure legislation to secure revocation of the RSS framework.

In the light of this and general uncertainty in taking development sites forward, it was perhaps inevitable that the Government’s decision would be subject to a legal challenge.

It has come from Cala Homes, whose planning application for 2,000 houses in Winchester was refused by the council in June, primarily because of the revocation of the strategic planning policies in the RSS relating to housing provision.

It is understood that Cala’s position here is that the Government’s decision to revoke the RSS is unlawful, as it says new primary legislation was required to do that. Further, Cala has questioned the lack of transitional provisions following the revocation of the RSS.

The case itself is expected to be heard in early September 2010, and developers and local planning authorities alike will be monitoring closely the decision and the future implications it brings.

Notwithstanding the above proceedings, revocation of the RSS structure does not mean councils can ignore their obligation to secure a minimum five-year land supply for housing and PPS3 – Housing, which has recently been revised, continues to emphasise this.

In addition, Communities and Local Government (CLG) has made clear in its advice to planning inspectors that while the ‘overall ambition for housing growth may change’, suitable land should still be identified in Development Plan Documents to satisfy the council’s housing ambitions for at least 15 years from the date the plan is adopted.

Perhaps to encourage this, the CLG is intending to press on with proposals for financial incentives designed to encourage construction of new homes.

The proposed New Homes Bonus Scheme will reward local authorities for each new home built in their area, though realistically, consultation on this scheme is now likely to be delayed until after the Government’s 20 October Spending Review.

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Tim Willis

Associate
T: 03700 86 4095
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E: tim.willis@shoosmiths.co.uk