1 THE ISSUE

1.1 The recently published Bath & North East Somerset Local Plan Revised Deposit Draft, other current Local Plans and the Joint Replacement Structure Plan are the principle tools in delivering affordable housing through the planning system. Policies aim to ensure that all new residential developments over a certain size incorporate affordable homes. Supplementary Planning Guidance (SPG) explains more fully how these policies should be implemented and is aimed at helping the development industry, Registered Social Landlords and the public understand what is expected in the process of affordable housing provision. The attached SPG is recommended to the Executive following consultations on Draft guidance last year. It will assist in the delivery of improvement priorities set out in the Community Strategy and Draft Corporate Plan 2003-2007 as well as the Council's Housing Strategy Statement.

2 RECOMMENDATION

2.1 The Council Executive is asked to:

1) note the public consultations which took place as set out in paragraphs 4.7 and 7.1 and agree that this information forms the basis of a statement of consultation undertaken to accompany the Supplementary Planning Guidance;

2) approve the recommended responses to comments made during public consultation exercise as set out in Annex 1 to accompany the Supplementary Planning Guidance;

3) approve and adopt the Affordable Housing Supplementary Planning Guidance as amended and set out in Annex 4 for use for development control purposes supplementing the following Plans:

1. The Joint Replacement Structure Plan adopted 2002;

2. The Bath & North East Somerset Local Plan including minerals & waste policies Revised Deposit Draft 2003;

3. The Bath Local Plan adopted 1997;

4. The Wansdyke Local Plan Deposit Draft as amended 2000; and

5. The Keynsham & Chew Valley Local Plan adopted 1992;

4) agree that the Head of Planning Services in consultation with the Executive Member for Sustainability and the Environment be delegated to agree further minor textual amendments to the Affordable Housing Supplementary Planning Guidance.

3 FINANCIAL IMPLICATIONS

3.1 There are no financial consequences for either revenue or capital budgets.

4 THE SUPPLEMENTARY PLANNING GUIDANCE

Background

4.1 Following consideration of Draft Affordable Housing Supplementary Planning Guidance by the Housing and Public Protection and Planning Transport and Environment Committees on 15^th November 2001 and 31^st January 2002 the 5^th February 2002 Strategy Committee resolved the following:

'1 the Bath and North East Somerset Housing Survey's assessment of local need is noted;

2 the Housing Survey's recommendation to negotiate with prospective developers towards achieving a subsidised affordable housing target of up to 30% of dwellings from all suitable sites coming forward for planning consent be endorsed subject to the inclusion of low cost market as well as subsidised housing where this would meet the needs of those people who cannot afford to rent or buy houses generally available on the open market;

3 the Housing Survey's identified subsidised affordable housing need for the District of 1,732 at April 2006 is endorsed;

4 an element of the 250 unsubsidised low-cost market houses referred to in the Housing Survey should be sought as part of the 30% target referred to in 2 above where it would meet the needs of those people who cannot afford to rent or buy houses generally available on the open market;

5 the remainder of the 250 unsubsidised low-cost market house should be provided on general needs sites through planning policies requiring the provision of a mix of dwelling size and type reflecting the needs assessed in the Housing Survey.

6 that the following definitions of affordable housing as set out in the Bath & North East Somerset Local Plan as agreed for Deposit at the 25^th October Council be endorsed by the Committee

(i) in the context of general needs housing coming forward for development:

"the range of both subsidised and market housing that will be available for those whose incomes generally deny them the opportunity to purchase or rent houses on the open market as a result of the local relationship between income and market price.'

(ii) for rural exception sites:

' that provided, with subsidy, for people who are unable to resolve their housing needs in the private sector market because of the local relationship between housing costs and incomes.'

7 that subject to the views of the Housing and Public protection Committee and Planning Transportation and Environment Committee, the Strategy Committee be recommended to resolve:-

8 that the draft guidance be issued for consultation as supplementary planning guidance to affordable housing policies in the following Plans:

9 that the results of the consultation be reported back to Strategy Committee for approval of the supplementary planning guidance in consultation with the Housing and Public Protection and Planning Transportation and Environment Committees' Spokespersons.'

4.2 Referring to 4&5 of the above resolution it should be noted that the Housing Survey 2000 considered that the 250 low cost market houses would need to be in addition to the need for 1,732 subsidised units. Since the time of this resolution the decision making structure of the Council has changed as part of the Government's Modernising Local Government requirements. As the delivery of affordable housing is within the remit of more than one Executive portfolio holder the report on the consultation exercise is being reported to the Executive Committee.

Purpose of the SPG

4.3 National Planning Guidance, Regional Planning Guidance for the South West and the Joint Replacement Structure Plan all set out the need for delivery of affordable housing through the Local Plan process. The Council's Planning Services therefore have a key role both through its Planning Policy and Development Control functions in setting out a policy framework and in the delivery of affordable housing through the planning application process.

4.4 In Bath & North East Somerset affordable housing policies are already set out in a number of Local Plans covering the District the most up to date of which is the emerging Bath & North East Somerset Local Plan including minerals & waste policies Revised Deposit Draft 2003. It contains policies on provision of affordable housing based on the most up to date estimates of need (Housing Survey 2000) and will eventually supersede all other Local Plans. The Joint Replacement Structure Plan also includes a policy on provision of affordable housing.

4.5 Whilst the policies of the Structure Plan, the Bath & North East Somerset Local Plan and other Local Plans form the basis for decision making in the provision of affordable homes on development sites there is a need for more detailed and comprehensive guidance setting out all aspects of the delivery of affordable housing through the development process. Supplementary Planning Guidance (SPG) explains more fully how these policies should be implemented and is aimed at helping the development industry, Registered Social Landlords and the public understand what is expected in the process of affordable housing provision. It therefore brings together the planning policy framework including design and accessibility issues together with delivery mechanisms including the planning application process, role of Registered Social Landlords (RSLs) and use of Planning Obligations. It will be a material consideration in determining planning applications.

4.6 It has been prepared jointly by the Head of Planning Services and Housing and Supported Living Services with considerable input from Legal Services in order to ensure an integrated joined up approach in the provision of affordable housing through the planning process.

The Consultation

4.7 Public consultation on the Draft SPG took place from Monday 13^th May to Friday 21^st June 2002 (see section 7 below for details). Some 20 organisations and individuals commented on the SPG and these, together with their comments and recommended responses are set out in Appendix 1.

4.8 During the period since the end of the consultation period the emerging Bath & North East Somerset Local Plan has also been subject to further consideration. This is in response to representations made to the Deposit Draft published in January 2002.

4.9 There were 47 comments on the affordable homes Policies HG.8 & 9. Policy HG.8 and supporting text have been the subject of significant change as agreed at the 17^th July Council meeting (see extract from the Local Plan Revised Deposit Draft at Appendix 2).

4.10 One very significant change is the deletion from Policy HG.8 of the reference to seeking a target of 30% affordable dwellings on allocated and windfall sites meeting the site size thresholds (see Appendix 3 under Thresholds). This is replaced by `a significant proportion'. The reason for this is that while 30% may be appropriate now, subsequent housing needs surveys may indicate the need to increase or reduce the percentage sought. Changing this through the Local Plan review process would be slow and therefore the percentage figure is set out in the SPG which can be amended far more easily and quickly and hence reflect the findings of up to date housing surveys.

4.11 However, most recent proposed revisions to national planning guidance PPG3 Housing indicate that this figure should be in the Local Plan and so this may have to be reviewed again during the next stages of the Local Plan preparation process.

4.12 The final SPG has been held in abeyance until the changes to the Local Plan were agreed as it is essential that it accords with the emerging Local Plan.

Significant Changes Proposed

4.13 A summary of the content of the Consultation Draft SPG together with a summary of significant proposed changes as a result of the consultation and updating is set out in Appendix 3. The full revised SPG is at Appendix 4.

5 RATIONALE

5.1 The recommendations set out in section 2 above will enable the SPG to be used and carry weight in the planning application process in accordance with national planning guidance. Both the responses to the consultation and the SPG itself will need to be incorporated into the final document to meet with national planning guidance.

6 OTHER OPTIONS CONSIDERED

6.1 Preparation of SPG is the only option to supplement and expand upon Local Plan policies which will carry significant weight in the planning application process.

7 CONSULTATION

7.1 Consultation on the SPG took place from Monday 13^th May to 21^st June 2002. 300 stakeholders were contacted, including the Council's Joint Commissioning Partners, by letter stating where the SPG could be obtained and giving a link to the Council's website where the document could also be viewed and copied. All Ward Members were also given the same details. The consultation letter is attached as Appendix 5.

7.2 This information on consultations should form part of a statement of consultation to accompany the SPG.