Rayner writes to Local Authority Chiefs as well as RTPI

Following the publishing of the draft National Policy Framework (NPPF) last week, Deputy Prime Minister and Housing Secretary Angela Rayner outlined the government's housing development plan in a letter to local authority Chief Executives. ¹

The letter urges local leaders to prioritise the development of affordable and social housing to provide secure homes for working families, highlighting the urgency of updating local plans and delivering the necessary housing supply. 

It also substantiates the government’s plans to restore mandatory housing targets and enhance the standard method for assessing housing needs, aiming to build 1.5 million homes over five years. It also provides additional context on the releasing of the Green Belt, explaining that at least 50% of homes built on the Green Belt must be affordable, with necessary infrastructure like schools and transport provided. 

Recognising the demands on local authorities, Rayner’s letter explains the government’s proposal to allow local authorities to set their own planning fees and consult on increasing planning fees to improve service sustainability. A Local Authority Housing Fund will provide £450 million for creating over 2,000 affordable homes for vulnerable families, while changes to the Right to Buy scheme aim to boost council housing stocks. The government will also propose legislation to improve planning processes and support nature recovery through development. 

With increasing development pressure imminent, assessing land stock and finding the right land is now more important than ever for local authorities. Planning Portal provider TerraQuest offer a comprehensive range of land support services to authorities, from finding and assessing sites for all sorts of purposes, to project consultation, to providing comprehensive resourcing support for validation teams. Visit TerraQuest to find out more.² 

Meanwhile, Housing Minister Matthew Pennycook has reached out to RTPI President Lindsey Richards, acknowledging the 'critical role' that planners play in driving the country's growth.  

In his letter, Pennycook, along with Deputy Prime Minister Angela Rayner, expressed admiration for the planning profession and aimed to convey a direct message to professional planners, particularly those working in local authorities across England. He also recognised that the proposed NPPF reforms, announced last week, involve significant changes that will demand both leadership and professional dedication.  

As reported by The Planner³, Richards responded positively, noting that the minister’s words reflect the expertise, talent, and dedication of planners throughout the country. She welcomed the recognition of the profession's value and its importance to the government's objectives, and highlighted the need for further reforms to ensure that planning remains a rewarding career and continues to attract new talent. 

Pennycook’s letter also addressed Paul Morrison, Chief Executive of the Planning Inspectorate, reaffirming the government's commitment to the plan-making process. He pointed out the increasing time required to examine local plans and urged inspectors to support local authorities through advisory visits and to make tough decisions during examinations, focusing on plans that are likely to be approved and contributing to the goal of universal plan coverage. 

Pennycook’s letter advocated for a more targeted use of pragmatism, applying it only to plans that can be quickly improved and approved and emphasising that any extensions to the six-month pause in examinations should be at the inspector's discretion, provided they are confident that the local authority can complete the necessary work within the agreed timeframe. This new approach will be effective immediately, with existing pauses remaining unless deemed insufficiently productive by the inspector. 

Councillors voice their opinions on proposed mandatory housing targets

The draft National Planning Policy Framework, which was released last week, has put increased emphasis on housebuilding targets – explaining that under new regulations, councils would be expected to meet mandatory figures. 

Matt Boughton, council leader from Tonbridge and Malling, has called the plans a ‘disaster’, according to the BBC⁴, saying the new targets ‘could be an absolute disaster for those people who wish to quite rightly preserve the identity of their local towns and villages’. 

Hastings council leader Julia Hilton has also shared her views: 

‘We await advice as to how a small, coastal town such as Hastings surrounded by protected landscapes and bounded by sea is supposed to deliver an additional 282 homes a year on top of our existing targets.’ 

She also mentioned that the council would "really welcome" support in making over 700 empty homes in the town usable again. 

There has been a wide response to the proposed targets so far, with many councillors, such as Daniel Allen of North Herts⁵, welcoming the change - ‘We need to stimulate growth nationally and housebuilding can be a part of this, but it must be balanced with powers for local authorities to resist developer-led proposals so that suitable sustainable homes are built in the right places. 

The government’s ambitious aim to create at least 1.5 million new homes is certainly ambitious. Councils are currently awaiting further detail on the support which will be made available to help them achieve these targets.  

TerraQuest, suppliers of Planning Portal, acknowledge these changes have the potential to pose many challenges for councils. Identifying suitable land, adhering to conservation and sustainability measures, and accelerating the planning process are critical yet demanding tasks, with an acute shortage of financial and staffing resource further complicating the mission. 

With our long-standing history collaborating with local authorities to address challenges in delivering local development projects, TerraQuest are the ideal land-finding partner for local authorities. Our support includes identifying land to unlock development opportunities, clearing planning application backlogs through tailored partnerships with our in-house experts, and aiding in digitisation and capacity building within local authority organisations. 

Visit TerraQuest’s website to find out more about our land finding services can support you.⁶ 

High court ruling on home energy standards clarified

The High Court recently dismissed a challenge against a ministerial statement – which the challengers claimed sought to restricted councils’ ability to set their own efficiency standards for new builds. However, despite the challenge being dismissed, the ruling itself has clarified that councils can in fact set their own targets, providing the evidence of viability is strong enough. 

'The judge dismissed our challenge, but helpfully clarified that councils can in fact set energy-efficiency policies, which go beyond building regulations in their local plans, up to those laid out in the government’s forthcoming Future Homes Standard’ Bekah Sparrow of the Good Law project told Planning Resource. ⁷

In the original judgement, Mrs Justice Lieven ‘I do not consider that the written ministerial statement attenuates or emasculates the local planning authority statutory powers or misstates the law.’ 

The ruling emphasises that local authorities must demonstrate clear and compelling reasons for deviating from national regulations, ensuring that any proposed measures are both practical and essential for their specific regions. In such cases, authorities would be tasked with rigorously proving the need for enhanced standards to support their planning proposals effectively. 

Chief Executive of Rights: Community: Action told Planning Resource that they still intend to appeal the ruling: 

'We will be seeking permission to take the case to the Court of Appeal because the ministerial statement still constrains the scope of those planning policies. We want to ensure the new Labour government sees that there is an opportunity with its ambitious housebuilding targets to promote energy-efficient housing.’ 

£168 million water penalties proposed

Ofwat, the water regulator, has proposed imposing £168 million in penalties on Thames Water, Yorkshire Water and Northumbrian Water over sewage discharges, The Planner has reported.  ⁸

The proposed fines are substantial: £104 million for Thames Water, £47 million for Yorkshire Water, and £17 million for Northumbrian Water. An additional eight cases are under review.  

Ofwat, a body which has the authority to fine companies up to 10% of their turnover, found that all three companies failed to manage untreated wastewater discharges properly, with frequent spills from storm overflows. They highlighted a significant link between high spill levels and operational failures at wastewater treatment sites. These companies have been found lacking in maintaining and upgrading their infrastructure to meet local demands. 

Enforcement orders are also proposed, requiring the companies to address these issues. Specifically, 67% of Thames Water’s facilities faced capacity and operational problems, with 16% of its storm overflows breaching permits. Yorkshire Water had 45% of its storm overflows in violation, while Northumbrian Water had 9%. 

David Black, Ofwat’s chief executive, emphasized the severity of the failures: “Our investigation reveals a pattern of negligence by Thames Water, Yorkshire Water, and Northumbrian Water, resulting in excessive sewage spills. The proposed penalties reflect the seriousness of these failures and our commitment to ensuring improvements for cleaner rivers and seas.” 

1. https://www.gov.uk/government/publications/letter-from-the-deputy-prime-minister-to-local-authorities-playing-your-part-in-building-the-homes-we-need?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=b460442a-8639-43fe-bd75-a7a60f13a65f&utm_content=immediately
2. https://www.terraquest.co.uk/
3. https://www.theplanner.co.uk/2024/08/05/pennycook-writes-rtpi-president-emphasising-role-planner-achieving-growth
4. https://www.bbc.co.uk/news/articles/cervr2p4mwdo
5. https://www.north-herts.gov.uk/housebuilding-targets-welcomed-developments-must-be-what-residents-need
6. https://www.terraquest.co.uk/
7. https://www.planningresource.co.uk/article/1882124/court-ruling-clarifies-whether-councils-set-ambitious-new-home-energy-efficiency-standards-local-plans
8. https://www.theplanner.co.uk/2024/08/06/thames-yorkshire-and-northumbrian-water-face-ps168m-fines-following-sewage-dumps