Somewhat out of the blue Welsh Government has announced consultation on a proposal to temporarily dis-apply paragraph 6.2 of TAN 1 (Joint Housing Land Availability Studies), for the duration of a
wide-ranging review of the delivery of housing through the planning system which Welsh Government proposes to undertake this summer.
The current advice in Para 6.2 states:
"The housing land supply figure should also be treated as a material consideration in determining planning applications for housing. Where the current study shows a land supply below the 5-year requirement or where the local planning authority has been unable to undertake a study …, the need to increase supply should be given considerable weight when dealing with planning applications provided that the development would otherwise comply with development plan and national planning policies."
The reason given for temporarily dis-applying this strand of government Technical Advice is to alleviate some of the immediate pressures on local planning authorities when dealing
with speculative planning applications for housing and to allow them the capacity to focus
on LDP preparation and review,
A key plank of WG policy is that the planning system must provide for an adequate and continuous supply of land,
available and suitable for development to meet society’s needs. That includes housing. TAN 1 6.2 advises "considerable" weight be given to the need to increase housing land supply in pursuit of this of objective measured against the TAN 1 approach.
The message from Welsh Government perhaps couldn't be more clear. By removing the advice to give considerable weight to a material consideration, Councils without adequate supply can avoid difficult "political" decisions in the expectancy that the Planning Inspectorate will support them at appeal. Restricting the supply of permissions - if that is the effect- even for a temporary period, will do nothing to improve the delivery of housing, including affordable housing, in our communities.
If only it were so clear. As one commentator succinctly put it, people live in houses not permissions. The Courts tell us that weight to be given to material considerations is a matter for the decision-maker. Dis-applying a part of a planning policy approach could seriously prejudice some proposals already in the planning pipeline - if the effect is to provide a basis to reject what WG terms "speculative" applications in the consultation. That could place at risk investment in the social fabric of communities, infrastructure and economic development (including Growth Bids) in north Wales plus the many other benefits that housing delivers.
Our initial analysis is that simply dis-applying part of the advice - leaving the rest of national policy and advice intact - may have other unintended consequences.
Details of the consultation can be seen at: https://beta.gov.wales/technical-advice-note-temporary-dis-application-of-paragraph-6-2
Background
Only 19 of the 25 Local Planning Authorities in Wales have a 5 year supply of housing land. Para 9.2.3 of Planning Policy Wales states that Councils must ensure they have a supply. Only Anglesey/Gwynedd in north Wales currently have a supply of 5 years (following adoption of its LDP last year).
