Meeting documents

PLANNING OBLIGATIONS SPD:

AFFORDABLE HOUSING COMPANION GUIDE

CONTENTS PAGE

1. INTRODUCTION, PURPOSE AND STATUS 2

2. POLICY CONTEXT 3

3. DEFINIG AFFORDABLE HOUSING AND AFFORDABILITY 4

4. EVIDENCING HOUSING NEED 8

5. IMPLEMENTING POLICY HG.8 9

6. GRANT FUNDING AND VIABILITY ASSESSMENTS 11

7. DESIGN, LAYOUT AND CONSTRUCTION STANDARDS 15

8. MANAGEMENT STANDARDS AND PERPETUITY 16

ARRANGEMENTS

9. SPECIAL CIRCUMSTANCES 17

10. IMPLEMENTING POLICY HG.9 17

11. PROTOCOL FOP PLANNING APPLICATIONS 18

ANNEXES

1. Extract from Local Plan - pages 97 - 101, Affordable Housing

3. Minimum Affordable Housing Dwelling Size

4. Lifetime Homes and Wheelchair Standard

5. List of Partner Registered Social Landlords

6. Housing management standards

7. Contact Details - Housing Development Team

1. INTRODUCTION PURPOSE AND STATUS

1.1 Bath and North East Somerset Council has prepared a Planning Obligations Supplementary Planning Document (SPD) to support Policy IMP.1 `Planning Contributions' of its Local Plan.

1.2 In relation to affordable housing, planning obligations can be used to prescribe the nature of a development by requiring the inclusion of a given proportion of affordable housing. The affordable housing element of the Planning Obligations SPD focuses on the delivery of the on site provision and in exceptional circumstances provides a methodology for calculating commuted payments or where off-site provision is considered acceptable. Further guidance on the application of the Councils affordable housing policies as they relate to on-site provision have been included in this companion guide to the Planning Obligations SPD.

1.3 The purpose of this companion guide provide supplementary information to enable applicants to understand how the affordable housing policies of the Local Plan have been formulated and how the Council intends to operate these policies in practice. The guide:

• Directs applicants to relevant local, regional and national policy documents
  
• Provides definitions for affordable housing and affordability
  
• Directs applicants to the evidence the Council has used to formulate its policies
  
• Clarifies how Policies HG.8 and HG.9 will be implemented.
  
• Confirms mix, size, design, layout and construction standards
  
• Considers the availability of public subsidy
  
• Sets out the information the Council requires from applicants in order consider financial viability arguments.
  
• Discusses Management Standards and Perpetuity Arrangements

1.4 In every instance the Council advises early contact be made with the Housing Development Team to discuss the implications of its affordable housing policies on development proposals

1.5 The affordable housing companion guide is an integral part of the Planning Obligations SPD and has been subject to the same consultation procedures as its parent document. Once the adopted the Obligations SPD and affordable housing companion guide will form a material consideration in the determination planning applications.

2. POLICY CONTEXT

2.1 Applicants should be fully aware of national, regional and local policy guidance and other supporting documentation relating to the provision of affordable housing in Bath and North East Somerset.

National

• Planning Policy Statement 1: Delivering Sustainable Development
  
• Planning Policy Statement 3: Housing (CLG, 2006)¹
  
• Delivering Affordable Housing (CLG, 2007)
  
• Strategic Housing Market Assessment Practice Guidance (CLG, 2007)

Regional

• Regional Planning Guidance for the South West (2001) - Policy HO3
  
• Draft Regional Spatial Strategy for the South West (2006) - Policy H1
  
• Report of the EiP Panel on the DRSS (2008)
  
• Secretary of States proposed modification expected June 2008

Local

• Bath and North East Somerset Local Plan (2007) Policies HG.8 and HG.9
  
• Inspector's Report into the Bath and North East Somerset Local Plan (2006)
  
• Emerging Core Strategy of the Bath and North East Somerset Local Development Framework (preferred options consultation Autumn 2008)
  
• Bath and North East Somerset Housing Strategy (2002-2011)

3. DEFINING AFFORDABLE HOUSING AND AFFORDABILITY

3.1 The terms `affordability' and `affordable housing' have different meanings. `Affordability' is a measure of whether housing may be afforded by certain groups of households. `Affordable housing' refers to particular products outside the main housing market.

Affordable Housing

3.2 The Government defines the following terms in Annex B of `Delivering Affordable Housing' (CLG: 2007) as follows.

Affordable housing is:

`Affordable housing includes social rented and intermediate housing, provided to specified eligible households whose needs are not met by the market. Affordable housing should:

- Meet the needs of eligible households including availability at a cost low enough for them to afford, determined with regard to local incomes and local house prices.

- Include provision for the home to remain at an affordable price for future eligible

households or, if these restrictions are lifted, for the subsidy to be recycled for alternative affordable housing provision'.

Social rented housing is:

`Rented housing owned and managed by local authorities and registered social landlords, for which guideline target rents are determined through the national rent regime. The proposals set out in the Three Year Review of Rent Restructuring (July 2004) were implemented as policy in April 2006. It may also include rented housing owned or managed by other persons and provided under equivalent rental arrangements to the above, as agreed with the local authority or with the Housing Corporation as a condition of grant.'

Intermediate affordable housing is:

`Housing at prices and rents above those of social rent, but below market price or rents, and which meet the criteria set out above. These can include shared equity products (eg HomeBuy), other low cost homes for sale and intermediate rent.'

These definitions replace guidance given in Planning Policy Guidance Note 3: Housing (PPG3) and DETR Circular 6/98 Planning and Affordable Housing.

3.3 The Council also regards the following specialist housing types as affordable housing:

• Supported housing - accommodation for households in need of affordable accommodation with support needs which may be specifically adapted for people with particular disabilities.
  
• Extra Care housing - self contained accommodation which provides care and support arrangements for the elderly whilst allowing them to maintain a level of self dependence.

3.4 The following will not be regarded as affordable housing in the context of Policies HG.8 and HG.9, though their provision may be encouraged as part of the market housing element of a scheme where demand exists.

• Low-cost market housing - housing for sale at below market levels but that does not meet the affordability criteria outlined below and that does not benefit from an arrangements to be retained in perpetuity.
  
• Key worker housing - The Council considers that the definition of intermediate housing should relate to affordability and not to employment status or function of an individual household member. Key worker income levels cover a wide range. They are likely to require both social rented and intermediate housing. The Council expects the affordable housing element of all qualifying proposal to be expressed as social rented and intermediate housing rather than in terms of accommodation for key workers.

Affordability

3.5 In order that the affordable housing provided under Policy HG8 is accessible to eligible households, providers will be required to demonstrate that it is available at a cost to the occupiers that they can afford, irrespective of the price paid by a registered social landlord (RSL) or other affordable housing provider (AHP) to the developer for the affordable housing units.

Social rented

3.6 Social rented housing must be let at no more than target rents as determined by the national rent regime, or equivalent, as agreed with the Council. The annual percentage increase in rent will be limited to RPI² plus 0.5%, as recommended by the Housing Corporation.

3.7 The Council may work in partnership with RSLs and the Housing Corporation to try and achieve social rents below target rents in locations where target rents may be very high and therefore unaffordable to local households in low paid employment without reliance on housing benefits.

Intermediate housing

3.8 In order to comply with PPS3, intermediate affordable housing must cost less than threshold market housing, either for sale or rent, in the local area. Currently the cost of market rents sets the threshold within the district.

3.9 The Strategic Housing Market Assessment Practice Guidance (CLG: 2007) considers that to be affordable to those in need of intermediate housing total housing costs should not exceed 25% of a household's gross income. The Council will therefore use this threshold to assess the affordability of all intermediate housing proposals.

3.10 In order to establish whether an intermediate housing product provided through is affordable, the Council will compare the cost of market renting an equivalent sized property in the locality to the cost of the intermediate housing product, both on the basis of spending no more than 25% of gross income.

3.11 The cost of the market rent option will establish the upper threshold of affordability for the intermediate housing product. For example, if a two-bed flat with an open market value of £190,000 costs £650 fully inclusive per month to rent, the cost of buying the same property on a shared ownership basis (i.e. including mortgage, rent on the unsold equity and service charges) must cost less than £650 per month.

3.12 The Council considers that very few people in housing need would be able to afford intermediate affordable housing priced at or just below the cost of market renting, and that there should be a clear margin between the cost of private renting and intermediate affordable housing if it is to be genuinely affordable.

3.13 The Council will have regard to `Opening Doors Improving Access to Affordable Home Ownership' (Ark Consultancy: April 2008). This examined the affordability of intermediate home ownership housing in four authorities within the West of England sub-region. The findings help to define appropriate levels of affordability for households in need of intermediate housing across the district. The Ark report considers that a household is unable to afford private sector housing if it would take up more than 25% of its gross household income.

3.14 An extract form the Ark report is reproduced at Annex 2. The district is divided into 6 zones with each zone attributed a lower and upper limit in terms of the intermediate housing market and the need to make the units affordable for households with a range of incomes between the lower and upper limits.

3.15 The Council will seek intermediate housing that is affordable to a range of people in housing need, not just those households which can raise and sustain a mortgage to access the upper end of the intermediate market. This approach will ensure than housing options are available for the full range of households that can afford intermediate affordable housing.

3.16 To achieve this, the Council will seek to negotiate a range of options to be offered to initial purchasers. These could include options to buy equity shares of 30-40%, all with rent on the unsold equity at a maximum of 1% or on larger sites may include some intermediate rented accommodation.

3.17 Service charges: The Council will expect service charges to be limited to areasonable level that will maintain affordability for local households in need ofaffordable housing. Where service charges are higher than the norm for affordablehousing of a similar size type and location the Council will expect affordabilitycalculations to take account of the service charge.

4. EVIDENCING CURRENT AND FUTURE HOUSING NEED

4.1 The affordable housing policies of the B&NES Local Plan are based on the West of England Housing Need and Affordability Model (WENHAM). This study was undertaken in 2004/05 by Prof Glen Bramley and covers the combined areas of four local authorities Bath and North East Somerset, Bristol, North Somerset, and South Gloucestershire.

4.2 Paragraphs B7.70 - B7.75 of the B&NES Local Plan set out the main conclusions of the assessment and are contained in Annex 1. The full assessment (WENHAM) is available from the Council on request.

4.3 The Council has begun the process of reviewing it Local Plan. The Draft Regional Spatial Strategy for the South West defines a West of England Housing Market Area that includes the West of England Authorities together with Mendip and West Wiltshire District Councils. These authorities have jointly commissioned a `Strategic Housing Market Assessment' (SHMA) as required by PPS3.

4.4 The SHMA will help the Council to develop an evidence base to inform the development of spatial housing polices to be included in the Core Strategy of its Local Development Framework (LDF). In addition it will help to inform decisions about the policies required in any review of the Council's Housing Strategy.

4.5 Once published the SHMA will have no status as a policy document and will not supersede the policies HG.8 and HG.9 of the Local Plan. Only when the policies of the Core Strategy have been consulted upon, examined and adopted will the policies of the Local Plan be replaced, which is anticipated to be in Spring 2010.

5. IMPLEMENTING POLICY HG.8

5.1 Developers and Landowners are advised to take the implications of Policy HG.8, the detail of which is contained in Annex 1, into account when valuing potential housing sites. The Council will not be sympathetic to arguments that the price paid for a site precludes the provision of amount and mix of affordable housing required by Policy HG.8

Thresholds

5.2 The Council will have regard to the gross number of dwellings being proposed when considering whether Policy HG.8 is applicable to an application.

5.3 The Council will be mindful of applications that deliberately seek to circumvent the relevant threshold for affordable housing. Proposals for residential development just below the relevant threshold must be based on the assessed housing potential of a site and not an attempt to avoid the provision affordable housing. Applications that do not make efficient use of land can be refused.

Amount of Affordable Housing

5.3 Policy HG.8 allows the Council to seek a higher proportion of affordable housing or accept a lower proportion of affordable depending on the circumstances. Where applicants argue that the provision of 35% affordable housing will render a scheme unviable, the Council will expect the information set out in Section 6 to be made available.

Tenure of Affordable Housing

5.5 Paragraph B7.76A of the Local Plan details the tenure split that the Council will seek to achieve on qualifying sites.

• Social Rented 75%
  
• Intermediate Housing³ 25%

Type of Affordable Housing

5.6 In determining the appropriate mix of affordable units in terms of size the Council will have regard to the WENHAM (2005)⁴ . Paragraph B7.75 and Table 3B of the Local Plan reproduce the key findings of WENHAM, setting out the projected needs for various sizes affordable housing across the district and in its key settlements. The Council will also have regard to other sources of housing needs data, such as the Housing Needs Register. Applicant should be mindful that there may be occasions where the Council will seek to achieve a larger proportion of family units (3bed, 4bed, 5bed) in order to help create balanced sustainable communities.

5.7 There may be circumstances where the Council will seek to ensure that a development provides specialist affordable housing units e.g. supported housing, where a need has been identified (see 3.3).

5.8 Where applicants propose a housing mix that deviates from the needs set out in Table 3 of the Local Plan, the Council will require the submission of housing needs research and analysis to support alternatives to the Council's preferred mix.

Internal Design of Affordable Housing

5.9 Affordable housing units should achieve the minimum sizes and standards set out the Housing Corporations Design and Quality Standards. The current minimum sizes are reproduced in Annex 3.

5.10 The Council will expect at least 60% of affordable housing to meet the Lifetime Homes Standard (Annex 3) where possible. This target should be deliverable on all units except flats above the ground floor without lift access.

6. AVAILABILITY OF GRANT FUNDING AND VIABILITY ASSESSMENTS

Provision of Grant

6.1 The available of grant support is very limited in Bath ad North East Somerset. The Council expects its affordable housing targets to be met without the need for public subsidy. The Council offers no further guidance to that given in Annex E of `Delivering Affordable Housing'(CLG: 2007).

6.2 The Council will accept a lower provision and/or a different mix of affordable housing, or agree the need for public subsidy if the economics of provision are such that overall scheme viability is threatened.

Financial Viability Assessments

6.3 Where a developer considers that there are significant economic constraints affecting a development and that these are sufficient to jeopardise the developer meeting the Council's affordable housing policy expectations, then the developer will need to provide financial and other information to enable the Council to assess the nature, extent and impact of the economic constraints.

6.4 The Council does not prescribe the amount that RSLs or other Affordable Housing Providers (AHP) should pay developers for affordable housing units, provided they are delivered on a grant free basis with the requirements of Policy HG.8 and this companion met in full. The Council will be keep itself informed of the number of affordable units, tenure split, the type, size and quality of the product, and its affordability and details of S.106 agreements, whilst leaving negotiations between developers and RSLs or other AHPs to the relevant parties.

6.5 Should a viability assessment demonstrate that a scheme requires public subsidy in order to meet the Councils expectations, the price to be paid by the RSL or AHP to the developer for the affordable unit will be examined as part of the assessment of viability. The Council will, subject to viability, support a bid for funding by one of its approved partner RSLs. AHPs not on the Councils approved list will need to seek the Council's support for funding and must demonstrate their ability to deliver affordable housing in line with Council policy and management standards.

6.6 As a guide, the following schedule highlights the main economic factors the Council would expect to assess, the information which will be required from the developer and the action the Council will take to carry out the assessment. This list is not exhaustive and further information may be required. The Council may seek consultancy advice when assessing development costs. Arrangements will be made to ensure that all information remains confidential.

i. Site or building acquisition cost:

Information to be provided by the developer:

How much the developer has paid or is proposing to pay for the land or building, net of any site abnormals and including VAT if applicable.

Where the site has an existing use value, an independent estimate of its market value for its current use must be made available.

Whether the site or building has been fully acquired at this price and when exchange of contracts took place (`full acquisition' would not normally mean exchange of a conditional contract or entering an option agreement).

Action to be taken by the Council:

The Council will obtain an independent opinion from a qualified professional valuer with local market knowledge of:

• the value of the site or building in its existing use.
  
• the value of the site or building for the proposed residential use.
  
• the value of the site or building for any realistic alternative uses.

ii. Construction costs:

Information to be provided by the developer:

How much the developer is estimating to pay for all aspects of the construction of the development including abnormals, siteworks, houseworks and estate completions.

Abnormals should be itemised and costed individually and general construction costs should also be expressed as a price per mB2 or ftB2 of proposed built form.

What allowances are made within the estimated figures for building cost inflation.

Action to be taken by the Council:

The Council will obtain independent advice from a qualified professional quantity surveyor with knowledge of the local construction sector on:

• the reasonableness of the estimates for general construction and items such as preliminaries and infra structure costs.
  
• the reasonableness of the estimated abnormal costs and the construction solutions which underlie them.

iii. Fees and Other On-Costs

Information to be provided by the developer:

An itemised breakdown of the main development and sales related fees and other costs the developer expects to incur including fees for design, engineering, planning, building control, surveying, warranties and such like, legal fees, introduction fees, marketing and direct sales costs and interest charges where identified at a scheme level.

A statement of which services are provided in-house and which are out sourced.

Action to be taken by the Council:

The Council will obtain independent advice from a qualified professional quantity surveyor and/or development consultant on the reasonableness of the estimates.

iv. Projected Sale Prices for Dwellings

Information to be provided by the developer:

How much the developer is proposing to sell the completed dwellings for broken down by dwelling type.

What assumption has been made on sales rates for the market housing.

What allowance has been made by the developer for inflation on values up to point of sale when compared to prices applicable at the time of compiling the information.

How much the developer will sell any commercial property that forms part of a mixed use development.

Action to be taken by the Council:

The Council will obtain an independent opinion from a qualified professional valuer with local market knowledge of both the proposed sale prices compared to reasonable market expectations and the assumptions on price inflation and rates of return for commercial property.

v. Gross and Net Margin

Information to be provided by the developer:

As a percentage of the proposed gross sales value of the developments, what contribution the developer is assuming to achieve for overheads and profit, combined.

Separate figures for overheads and net profit levels.

Action to be taken by the Council:

The Council will obtain independent advice from a qualified professional quantity surveyor and/or development consultant on the reasonableness of the estimates and make comparisons with other residential developments of a similar scale and nature.

vi. Other Costs and Receipts

Information to be provided by the developer:

How much the developer has allowed, by item, for any other contributions or costs associated with the development including planning gain contributions for education, transport, local facilities and such like.

These planning contributions and other costs to be broken down on a per unit basis.

How much the developer has allowed in its assessment of viability for receipts attributable to providing affordable housing in accordance with the Council's policy expectations, broken down by dwelling numbers, types and tenure.

Action to be taken by the Council:

The Council will compare the estimated figures with its own knowledge on levels of planning gain contributions sought and affordable housing required and prices attributable to this.

Comparisons will be made with other similar schemes within BANES to ensure the level of planning contributions are reasonable.

When appropriate, the Council will seek advice from suitability qualified external consultants to validate certain cost or receipt assumptions.

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Notes on the schedule

6.8 Abnormal costs - these do not include demolition works, landscaping, noise bunds, archaeological or ecological surveys, drainage and flood prevention measures.

6.9 In flatted developments, the provision of lifts, communal areas or other costs specially associated with the construction of large multi story buildings will not be considered as abnormal site costs.

6.10 Fees associated with of the viability assessment - the Council will recover the costs of the appraisal process from applicants, where the applicant has sought to deviate from the Council's policy expectations based on the economic of provision. On occasion the Council will employ and pay for the consultancy advice to assess whether higher levels of affordable housing can be achieved.

7. DESIGN, LAYOUT AND CONSTRUCTION STANDARDS

7.1 Affordable housing should not be distinguishable from market housing in terms of location, appearance, build quality and materials. Reductions in size, use of substandard materials, or poor finishing and detailing should not be perceived as an acceptable shortcut to achieving scheme viability.

7.2 On sites larger than 30 units the Council wishes to see at most a cluster of 8 affordable houses or 8 affordable flats in a block. On smaller sites, housing layouts should consist of clusters of no more than 4 affordable units

7.3 Planning layouts submitted as part of an application must clearly show the location of affordable housing units and identify their tenure and size.

7.4 Affordable Housing should aim to comply with The Housing Corporation's Design and Quality Standards. Meeting these standards will be a requirement where grant funding has been agreed. Further requirements are that:

When assessed against the 20 Building for Life criteria the affordable units should:

Achieve 10 out of 20 positive responses for rural or street-fronted infill schemes.

Achieve 12 out of 20 positive responses for all other newbuild developments.

• At least 60% of affordable units should meet the Lifetime Homes recommendations of the Joseph Rowntree Foundation (applicable to all dwellings other than flats above ground floor without a lift).
  
• A minimum of 10% of affordable units should be built to full wheelchair standards
  
• Partner RSL Development Standards should be met
  
• Code for Sustainable Homes, national or regional requirements - currently zone 3 for affordable housing.
  
• Secure by Design

8. MANAGEMENT STANDARDS AND PERPETUITY ARRANGEMENTS

8.1 The Council will require a mechanism to be in place to ensure that affordable housing remains affordable and available to those in housing need in perpetuity. The involvement of a RSL registered with the Housing Corporation is the most effective way of developing a successful, well managed scheme that will ensure that the benefits of affordable housing are secured in perpetuity.

8.2 The involvement of a RSL at the beginning of the design process is strongly recommended to ensure full compliance with development and management standards. Bath and North East Somerset Council has appointed 6 preferred RSL development partners (see Annex 4).

8.3 The Council's preference is for the involvement a partner RSLs but, will not prescribe which organisation the developer chooses to work with. However, the chosen provider must demonstrate that they can adhere to the Council's minimum housing management standards relating to; housing income management; estate management; tenancy management; void property management and lettings; resident involvement; and maintenance. These are available on request. The Council will reject any provider's on the basis that they cannot meet these standards.

8.4 Where a developer proposes to develop and manage the affordable homes without the involvement of a RSL, planning obligations and a legal agreement must be signed to ensure nomination rights, occupancy controls other arrangements are in place to guarantee initial and subsequent affordability.

8.5 The Council's intention is to provide affordable housing which is available for first and subsequent occupiers, i.e. in perpetuity.

8.6 Social rented housing which is delivered without public subsidy is exempt from the requirements of the Right to Acquire. Tenants in grant funded social rented housing may exercise their Right to Acquire. In this case the Council will require that any net capital receipt is recycled towards the provision of additional affordable housing in Bath and North East Somerset. The same rule applies to social homebuy.

8.7 Intermediate housing may be lost as affordable housing through staircasing to full ownership. In order to be able to replace it, the Council will require net capital receipts to be recycled for the provision of additional affordable housing in the district. There may be exceptional circumstances where the Council allows the staircasing receipts to be recycled into the existing scheme if it can be demonstrated that it will significantly improve affordability levels for purchasers in need of intermediate housing.

9. SPECIAL CIRCUMSTANCES

Paragraphs 2.1.5 - 2.1.8 inclusive of the parent Obligations SPD give details of how to calculate off site provision and commuted sums in exceptional circumstances.

10. IMPLEMENTING POLICY HG.9

10.1 Policy HG.9 is the Council's Rural Exception Site Policy

10.2 The following points clarify HG.9 and its supporting text.

• A local needs assessment should be carried out to demonstrate that there is a local need for the number and type of proposed dwellings for the given parish or group of parishes. The survey may be carried out by a RSL appointed by the Council or other qualified organisation. The housing development team can provide advice on the particular requirements of any settlement or scheme.
  
• A land availability assessment should be carried out in and adjoining the parish settlements to demonstrate that there are no reasonable alternatives.
  
• The scheme should be supported by the Parish Council or Parish Meeting.
  
• The affordable housing should not be able to be provided elsewhere on a site allocated for residential development, or on a site meeting the criteria set out in Local Plan Policy HG.8.
  
• Proposals will be subject to conditions or a legal obligation to ensure initial and all subsequent occupancy is restricted to members of the local community in need of affordable housing. Local connection for means residence in the parish in which the site is located; a connection due to family ties, support network, birth or formative years spent in the parish. Someone whose place of work is in the parish but is not resident in the parish also would be considered to have a local connection.
  
• Restrictions will be placed on the ability of residents to staircase out of intermediate housing completely, with a maximum share of 80% of equity available thus guaranteeing the affordable housing remains available for the benefit of future households.
  
• The Council in conjunction with the RSL or the long term manager of the affordable housing will be expected to be given the right to nominate future purchasers of intermediate housing.
  
• See also Para 74 of Delivering Affordable Housing (CLG: 2006)
  
• The proposal should comply with all other policies in the plan.

11. PROTOCOL FOR DELIVERING AFFORDABLE HOUSING OBLIGATIONS

11.1 Pre-application discussions are encouraged with the Housing Development Team (HDT) and Development Control officers. It is the HDTs responsibility to carry out negotiations on the amount and type of affordable housing to be delivered on a particular site. In addition the HDT will be responsible for liaison with other stakeholders such as the Housing Corporation or RSLs. The HDT will make comments on any planning application as an internal Council consultee. Development control officers will make recommendations to committee who have the authority to approve or refuse the planning application's affordable housing contribution based on other planning considerations.

11.2 Consultation responses prepared by the HDT will cover the following ground:

• Policy considerations
  

• Proportion of affordable housing

• Mix, size, and type of all housing, both private and affordable

• Quality of construction

• Location, clustering strategy

• Affordability

• Funding requirements, only exceptionally when necessary

• Viability, if the affordable housing varies from Policy HG.8, i.e. 35% affordable housing, with a 75/25 rent/intermediate tenure split

• Timing/trigger dates

• Special circumstances/issues

• Any other issues deemed to be material

11.3 Early negotiation, resolution and drafting of the legal agreement (usually a S.106 agreement) is also encouraged. The terms and obligations for the delivery of the affordable housing will be set out in a legal agreement made between the owner of the land and the Council.

11.4 In order to provide a responsive service to applicants and RSLs the Council will charge the Affordable Housing Provider or RSL a fee of A3400 per dwelling to help pay for the time taken in carrying out discussions that enable a valuable asset to be acquired. This fee will be reviewed annually to ensure that the Council's costs are recovered.

11.5 Annex 8 provides a list of relevant contact details for the housing development team at Bath and North East Somerset. Section 11 of this sets out a process flow chart to illustrate the likely sequence of stages involved in handling planning applications that require an affordable housing contribution.

ANNEX 1 - EXTRACT FROM LOCAL PLAN, Affordable Housing

ANNEX 2 - AFFORDABILITY OF INTERMEDIATE HOUSING

ANNEX 3 - MINIMUM UNIT SIZE

ANNEX 4 - LIFETIME HOMES AND WHEELCHAIR STANDARD

ANNEX 5 - RSL PARTNERS

ANNEX 6 - HOUSING MANAGEMENT STANDARDS

ANNEX 7 - CONTACT DETAILS

1 Applicants are advised that the B&NES Local Plan was drafted and examined when Planning Policy Guidance Note 3: Housing and Circular 6/98 formed Government policy towards affordable housing and has since been superseded in terms of affordable housing definitions by the guidance provided in PPS3

2 General Index of Retail Prices CZBH all items percentage change over 12 months

3 Newbuild Homebuy (see affordable housing definitions in 3.2 of this report)

4 WENHAM will be superseded by the West of England SHMA in May 2008