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Planning reforms – potential disconnect with out-of-date local plans

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Fergus Charlton - Michelmores
Caption: Fergus Charlton, planning partner from Michelmores.

The Deputy Prime Minister and Housing Secretary Angela Rayner set to announce sweeping changes to the planning system in England, as part of the Government’s drive to build 1.5 million new homes.

Fergus Charlton, a partner in law firm Michelmores’ planning practice, comments on what we know about the government’s plans so far:

“Increasing the housing targets combined with pressure to produce new local plans should result in more housing allocated sites. Allocated sites ought to have an easier ride through the planning system, meaning increased certainty.

“But if local plans are not updated there will be disconnect between the allocation housing numbers in the out-of-date local plans and the new mandated targets. That will encourage developers to appeal planning refusals.

“Identifying sites for allocation will put pressure on recipient local communities and the green belt, so increasing the housing targets will be controversial.

“Increasing the affordable housing targets is welcome where there is a shortage of affordable homes. However the right balance needs to be struck. The existing model requires these are sold to registered providers of social housing at a discount from market rates. These so called ‘section 106 units’ are part of the ‘planning gain’ arising from the grant of planning permission. Sharing that planning gain is a zero sum game: if affordable housing increases, what will suffer? Contributions to fund education or infrastructure? The land owner’s uplift? A reduction in developer’s profit would be a poor outcome if that resulted in otherwise viable housing schemes not coming forward.”

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