The inclusion of emerging Allocations within the 5 year land supply

Planning Advisory Service (PAS)

Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - Ddoe

Former Member, Addaswyd 14 Years yn ôl.

The inclusion of emerging Allocations within the 5 year land supply

I've been searching all day, through various documents/regulations to try and ascertain whether strategic allocations that are emerging through a draft Core Strategy can be included within the 5 year housing land supply. Can anyone offer some advice? In our emerging Core Strategy (we are currently preparing a submission draft for consultation which will take place end of 2010 early 2011) we have identified a strategic allocation for 280 dwellings. My manager seems to think that given the sites status as an emerging allocation we ought to be including the site within our 5 year land supply becasue there is information that justifies that the site will come forward within the 5 years. Discussions I've had with the Developer indicate that they will be preparing an application for submission within approx. 6 months, by which time it is very unlikely that our Core Strategy will have moved forward. My research has led me to the conclusion that we should not be including the strategic allocation on the grounds that if an application were submitted it could well be refused on the grounds of prematurity. "The Planning System General Principles" states that "emerging policies, in the form of draft policy statements and guidance can be regarded as a material consideration." However, the document goes on to note that planning permission may be refused on grounds of prematurity where a DPD is being prepared (i.e. this is our case), but it has not yet been adopted. This may be appropriate where a proposed development is so substantial, or where the cumulative effect would be so significant that granting permission could prejudice the DPD by predetermining decisions which are being addressed in the policy of the DPD. Our relevent Core Strategy policy makes reference to an emerging SPD for the site, which is yet to adopted. It is my understanding that PINS have obtained legal advice that a preferred options DPD is not yet a 'draft plan' and therefore no materiality can be attached to it until at least the submission stage. Given then that our Core Strategy is still 9-12 months off submission, in relation to the Developer submitting an application shortly, then I deem that planning permission could be refused on prematurity grounds and the 280 dwellings should not be identified within the 5 year land supply. Does anyone agree with this? My gut also tells me that until submission stage the draft strategic allocation policy and draft SPD can attach little weight becasue of the uncertainty that they will be adopted! Thoughs and consideration please?!

Graham Ritchie, Addaswyd 14 Years yn ôl.

Re: The inclusion of emerging Allocations within the 5 year land supply

Enthusiast Postiadau: 26 Dyddiad Ymuno: 20/10/2011 Bostiadau diweddar

At Wokingham we had a similar issue and realised that only upon submission of the Core Strategy could strategic allocations be included within assessments of 5 and 15 year housing land supplies. Therefore, following submission of the Core Strategy in August 2008, the Council was then able to include allowances for the four strategic sites (total capacity of 10,000 dwellings) witihn its housing land supply figures. This approach was endorsed through the subsequent examination of the Core Strategy and the document was adopted in January 2010 (see www.wokingham.gov.uk/corestrategy for more information). If you want to contact me about this, please email graham.ritchie@wokingham.gov.uk or telephone 0118 974 6457.

Former Member, Addaswyd 14 Years yn ôl.

Re: The inclusion of emerging Allocations within the 5 year land supply

We have been through a similar exercise with the preparation of our 5 year supply statement within our SHLAA and co-incidentally our Core Strategy is at a very similar stage. The key test for us in evaluating our housing land supply was: are the sites Suitable, Available and Achievable. If so then they have be included within our supply. Questions over delivery and lead in times have then influenced where exactly the sites fall within that supply i.e. within 5 years or beyond. On the same basis it is then a question of what your supply position would be if this site were not included. If you cannot prove a 5 year supply and the site is shown to be Available, Suitable and Achievable then it should be included, if you have sufficient supply without the subject site then a judgement call will need to be made as to when this strategic site should come forward and any application judged on its merits or otherwise. We have taken the view that without including "potential" allocations our 5 year supply will fall short, so therefore have included sites that have met the key tests, and outlined supporting information developers would need to fulfil to support any application. One question I would have, and forgive my ignorance of Fareham Borough, but why is a site of 280 being considered strategic? There is an argument that it isn't of significant size or impact to be considered a strategic site so should be dealt with via your allocations document not the Core Strategy, but this is without knowledge of the actual circumstances, so forgive me if you've been down this route already.

Former Member, Addaswyd 14 Years yn ôl.

Re: The inclusion of emerging Allocations within the 5 year land supply

Thanks for the replies. Yours points have been duely noted. The site is being considered through the Core Strategy as a strategic allocation because it has been considered central to the achievement of the Core Strategy. The site is much wider than the 280 dwellings. The site also consists of the redevelopment of a former hospital and its grounds for mixed use.

Former Member, Addaswyd 14 Years yn ôl.

Re: The inclusion of emerging Allocations within the 5 year land supply

The advice in 'Demonstrating a 5 year supply of deliverable sites' (April 07) states that sites that there are 3 types of sites that can be included in the 5 year supply; 1. Development Plan allocated sites, 2. sites with planning permission and 3. specific unallocated brownfield sites.. I take that to mean that only sites that are in adopted plans are 'allocated' because until the Inspectors binding report, sites are not allocated and can potentially be removed from the plan by the Inspector. A recent appeal decision APP/G2815/A/09/2108495 (see para 41) seems to support the idea that draft allocations - in this case preferred option allocations - cannot be included as they cannot pass the test of being available, suitable or achievable.

Former Member, Addaswyd 14 Years yn ôl.

Re: The inclusion of emerging Allocations within the 5 year land supply

Regarding the inclusion of "unallocated brownfiled sites", the guidance goes onto state that "would normally have been identified by the LPA as being suitable for a housing use and have made sufficient progress through the planning process at the time of the assessment to be able to be considered deliverable in the terms of paragraph 54 of PPS3".