Housing Standards Interim Arrangements - Public forum - Planning Advisory Service (PAS)
Housing Standards Interim Arrangements
Jonathan Pheasant, modified 8 Years ago.
Housing Standards Interim Arrangements
Advocate Posts: 158 Join Date: 23/05/11 Recent PostsHas anyone got exisitng housing standards in an adopted plan that they are carrying forward until they update/review their plan?
We have a Lifetime Homes requirement in an adopted Plan. LTH have now been replaced with the new system of Building regulations. The Pickles Written Ministerial Statement from March 2015 about the Deragulation Act and Housing standards identified some info on transitional arrangements.
It said that if an authority has standards in adopted policy they could continue to apply those standrads post October 1st by applying the closest new technical building regs to the policy.
LTH is broadly similar to the optional higher Building Regs Part M4(2). So I am assuming that the Pickles WMS means that until we have a new Plan we can coninue to require the % of homes in our existing LTH policy but as the higher level Part M4(2) of building regs?
Is anyone else doing this?
I do understand that to require higher optional BR in a new policy it needs to be justified in terms of need and viability and the policy needs to refer to the new BR and will be sought by condition. I'm talking anout transitional arrangelents.
Thanks
Hi,
My Authorty is in a simlair situation. We have taken our current appraoch from a recent appeal decision where an Inspector noted our policy requirement for LTH and applied a condition for the Building Control standard:
From the appeal decision:
I have considered the suggested conditions requiring that the dwellings meet Lifetime Homes, water and energy efficiency standards. Following a Written Ministerial Statement dated 25 March 2015, the government has brought in optional national technical housing standards. This has amended the Planning Practice Guidance (PPG) (Ref: ID 56), so from 1 October 2015 existing local plan policies on access and internal space should be interpreted by reference to the new national technical standards. I have therefore attached a condition requiring compliance with the nearest appropriate technical standard. This will ensure that the dwellings are accessible and adaptable in accordance with the aims of LP Policy HO13.
And the Inspector's condition:
Before occupation the dwellings shall comply with Building Regulations Optional Requirement Approved Document M4(2) Category 2: Accessible and adaptable dwellings (2015 edition). Evidence of compliance shall be notified to the building control body appointed for the development in the appropriate Full Plans Application, or Building Notice, or Initial Notice to enable the building control body to check compliance.
Jonathan Pheasant, modified 8 Years ago.
RE: Housing Standards Interim Arrangements
Advocate Posts: 158 Join Date: 23/05/11 Recent PostsJonathan Pheasant:Thanks Jonathan, thats useful. Do you by chance have any details of the appeal? It would help to clarify with developers when requiring the Building Regs equivalent.
Hi- this is the appeal, it's Condition 15-
https://acp.planningportal.gov.uk/ViewCase.aspx?caseid=3038326
Jonathan Pheasant, modified 8 Years ago.
RE: Housing Standards Interim Arrangements
Advocate Posts: 158 Join Date: 23/05/11 Recent PostsThanks again Jonathan.
I do find the appeal decision intereasting where the Inspector states that in the absence of a 5 year housing supply, permission should be granted if "the adverse impacts are significantly and demonstrably outweighed by the benefits". This is not what the NPPF says. This means that the BENEFITS must SIGNIFICANTLY outweigh the adverse impacts.
The NPPF says that in the absence of a 5 year supply permission should be granted UNLESS the adverse impacts significantly and demonstrably outweigh the benefits. Thats completely different.
The PRESUMPTION is IN FAVOUR.