I've got a question that has been brimming since the Government began proposing changes to the Single Data List (SDL) (link below) and has now seems more relevant since publication of the NPPF / revocation of PP3 and the emergence of the new Planning Regs (2012). Apologies for the essay below. http://www.communities.gov.uk/localgovernment/decentralisation/tacklingburdens/singledatalist/ The SDL is now pretty explicit that neither the 5YLS or COIs are statutory reporting duties following revocation of guidance so the onus must fall on what is within policies in the development plan. In order to be in conformity with the NPPF the requirement to demonstrate a five year supply of housing (+5 / +20%...) is obviously crucial. The 2012 Planning Regulations (Part 8, Section 34 (3)) make provision to monitor annual numbers and all relevant specified periods for a policy. This looks like where you'll need to set out five year supply arrangements in adopted policy that confirms with the NPPF. In principle, this is obviously quite straightforward. I can think of a couple of issues, however. In most areas a RS remains part of the development plan so this could be used as the policy for basing a local 5 Year Land Supply calculation, although in many cases it will be less than ideal. Following revocation of Regional Plans this would become an issue where there is no policy target to base the 5YLS on. Even with a central duty to report the 5YLS this could have been problematic without targets in place, but having a national requirement/ guidance could probably have kept everything on the same page. Secondly, where there is adopted policy on housing / housing targets does this need to already contain all the provisions to monitor Para. 47 of the NPPF? I can think of issues where policies don't set out criteria for when the +5% / +20% buffers will be used depending on circumstances, leading to debate on whether the 5YLS conforms with NPPF. Finally, once a RS is revoked, if no new housing target is adopted in policy should a 5YLS be prepared at all? There doesn't seem to be any reporting requirement. Obviously, you wouldn't be in conformity with the NPPF with no 5YLS, but you could only demonstrate one via-policy anyway. Admittedly this would have been a problem under central reporting arrangements too, as you would need some sort of target as a base; perhaps national arrangements could have taken Household Forecasts as a base? Any thoughts on this? Are people still preparing 5YLSs for this year based either on RS targets or adopted policy? Are LPAs willing to base the 5YLS requirement under Para. 47 on emerging targets before independent examination? Does anybody actually think you could forego preparing a 5YLS under these arrangements and defend a position based on, say, previous delivery and say the 5YLS will be set as policy is developed and tested? As written I think the NPPF / requirements make this possible, but also with obvious dangers.
