Memorandum by the Peak District National
Park Authority (NPA) (AH 28)
Locally Needed Affordable Housing in the Peak
District National Park: Developing Rural Exceptions Policy Into
Practice, November 2005
A submission to the ODPM Committee on Affordability
and Supply of Housing—on behalf of the Peak District National
Park Authority (NPA) outlining the results of a long term, sequential
process to the improvement of policy and implementation for housing
in a highly constrained nationally recognised landscape. This
work has been commended by the East Midlands Royal Town Planning
Institute is one of 16 finalists in the RTPI's national awards
to be announced in February 2006. We hope that the submission
will assist the Committee in its valuable work.
This submission summarises:
— the nature of the problem in the
Peak District National Park;
— the land-use planning solution that
has been developed over the past 16 years; and
— the partnership working that forms
an essential part of that solution.
The hyperlink to NPA documents that set out
the full suite of policy and guidance is Peak District National
Park Authority (scroll down page when open for detailed links
to Structure and Local Plans and Supplementary Planning Guidance).
The hyperlink to East Midlands RSS is Government Offices . . .
East Midlands . . .
The NPA has made representations to Government
based on this work as part of the response to the Barker review
and in writing in response to two recent consultations on PPG3.
In these it stressed the overriding need for Government to ensure
that any changes to the planning system or guidance in relation
to affordable housing should take care not to prejudice past successes.
The two written responses are appended to this submission. The
requests for further discussion have not been taken up.
We are very concerned that future policy changes
should not jeopardise past success and feel that this is best
explored in discussion. In addition, there is a need for:
— a clear understanding with mortgage
lenders as to the relationship between section 106 agreements
and lenders' concerns about possible encumbrance in the event
of re-possession;
— introduction of a specific use-class
for affordable housing if rural sites are to be shown on plan;
— attention to be given to the disparity
between need assessments arising from housing authority commissioned
surveys on the one hand and population / household models on the
other. This is apparent at all spatial levels; and
— clarity on the effect of non-land
use policy changes on the supply of affordable housing—for
example in relation to personal pension proposals and any possibility
of further right to buy affecting social housing stock.
THE PROBLEM
FOR THE
PEAK DISTRICT
NATIONAL PARK
— The local housing market is under
severe ongoing external pressure: easily reached from conurbations
with demand for commuter, retirement and second homes.
— Many local people cannot compete
in the housing market.
— Government and the National Park
Authority want balanced, sustainable communities, compatible with
statutory purposes to conserve and enhance the Park and promote
understanding and enjoyment.
The Land-use Planning Solution
The NPA has ensured that policy and practice
respond to changed circumstance, politics, committee and appeal
scrutiny, as well as to local, regional and national forums. It
is determined that affordable housing should remain available
to meet local need in perpetuity. It has retained a tenure neutral
policy consistent with Government guidance (unlike those authorities
that view affordable housing only as social housing).
— 1988: Established and convened the
Peak District Housing Forum to consider housing delivery.
— 1989: First to apply the Ridley (now
PPG3 Annex B) "rural-exceptions" approach to an entire
Authority area.
— 1994: National Park Structure Plan
seeks population stability in tandem with strategic conservation
by adopting zero allocation for open market housing and permitting
(by exception) locally needed affordable housing.
— 2001: Local Plan criteria for need
and "localness".
— Regional Spatial Strategy—RSS
8 (NB: a member of the NPA is on the Regional Planning Board)
now includes a notional National Park housing figure of 50 dwellings
a year to 2021, clarifying its insignificance for regional targets—see
sub-area text at 3.5.19 and also policy 17.
— 2003: SPG interpreted policies further:
clarifying concepts of affordable or "more affordable"
and the value of tenure neutrality. It guides users through surveys
and applications. Individual need is accepted as proxy for variable
small scale need that cannot be accurately measured. This provides
flexibility and choice: adding "lower rungs" to the
housing ladder. It also helps to retain members of the local community
who may otherwise have to move out of the area to move up the
housing ladder.
— 2005: A robust Section 106 Agreement
ensures affordabilty "in perpetuity" and developer/owner/tenant
"buy in" to the system.
— Involvement of the District Valuer
assures an impartial relationship between "restricted"
and open market house prices.
— Nearly 400 affordable dwellings restricted
to local occupancy permitted over the past 15 years with new housing
located where most needed.
— Government stresses that "exceptions
route" housing should remain affordable "in perpetuity".
Although involving Registered Social Landlords helps the long-term
affordability of social housing, it does not restrict the private
market. Many authorities seek a standard discount on the resale
of private restricted occupancy properties, but this cannot take
account of local housing market and income or lending policy variations
over time. In our view and past experience this is dangerously
open to future challenge (eg in appeals against the refusal of
permission to remove conditions or agreements which the house
owner thinks no longer appropriate).
Environmental Enhancement
— With some exceptions, development
tends to be small-scale, but remains cumulatively significant
in a protected landscape. High standards of design have been achieved,
adding to local distinctiveness. Costs demand innovation.
— Affordable housing is physically
integrated into settlements with obvious social benefits.
— Whereas many other Planning Authorities
limit the extent of design control, all development proposals
are treated as an investment in the Park (cumulatively several
£ million pa). This approach fosters local businesses and
skills. It contributes to the economy by adding to the area's
attractiveness, with a strong context for appropriate modern developments.
— Development is now in the additional
context of recent comprehensive SPG for renewable energy in the
National Park.
Working in Partnership
The National Park straddles, four regions, 12
local authorities including four counties and four metro districts
and 127 parishes. There are numerous agencies and several housing
providers.
The NPA is not a housing authority. It works
with constituent authorities and other agencies addressing the
local need for affordable housing:
— helping establish the Peak District
Rural Housing Association;
— contributing financially to housing
enabler posts; and
— achieving high standards of design
via informal partnerships with architects and local builders.
Membership of the NPA convened inter-agency
Peak District Housing Forum includes officers from constituent
housing and planning authorities, housing associations, the Housing
Corporation, House Builders' Federation and Government Office
for the East Midlands (GOEM). The forum:
— draws together expert opinion and
helps generate ideas;
— successfully lobbied ministers (eg
rural top slicing and exemption from purchase grant);
— has steered a joint study providing
insight into issues around locally needed affordable housing in
a protected landscape;
— gained a National Housing and Town
Planning Council award; and
— continues to review and refine policy
and practice.
The NPA has carefully concentrated on its own
role as land-use/spatial authority whilst building into the planning
system the relevant and independent contributions of others on
community need for affordable housing and the appropriate:
The NPA does, however, act as catalyst for periodic
review of the roles played by the various contributors. By way
of example, discussions are currently underway with the Derbyshire
Building Society to investigate the response of lenders to the
full set of measures now in place within the National Park.
Does the system work and might it be applicable
elsewhere?
— Its strength is its diversity. The
process is relatively complicated because of the need to ensure
that locally needed homes of different types and tenure are provided
(as either "social" or relatively affordable "restricted
market") and retained as such in perpetuity. However we have
refined our system and it is possible to issue planning consents
within eight weeks.
— At the local level difficult issues
can arise—such as expectations that all locals are eligible
for the housing even though they do not comply with occupancy
requirements; site constraints and build costs in local materials;
"nimbysm"—less now because local people are aware
by example that developments will be to a high standard of design
both physically and functionally. These provide feedback into
our partner-working structures and result in ongoing refinement.
This process would allow for local circumstance and appropriate
policy variation to be expressed. Elements of the system could
transfer regardless of use of the rural exceptions route.
In this way, and working within National Park
purposes and duty, the Peak District National Park Authority has:
— Delivered robust Development Plan
Policies to conserve and enhance the National Park whilst permitting
nearly 400 locally restricted "affordable" homes to
meet long term local needs: consistent with regional and local
targets.
— Refined policies using community
and stakeholder engagement to give practical detailed guidance
(SPG).
— Maintained a tenure neutral approach,
benefiting choice.
— Produced a robust legal agreement,
ensuring future "affordability" and availability of
the housing to meet local needs in "perpetuity."
— Helped to deliver well designed,
well liked, housing developments that sustain local communities.
| 
