ANNEX 1 - Adopted Local Plan Policy on negotiating elements of affordable housing

POLICY H14 - Extract from Thanet Local Plan (Adopted 2006)

(Explanatory text) - Local needs for affordable housing

 

3.82  Thanet has suffered persistently high levels of unemployment, which impacts on ability to access decent housing.   A 1997 Housing Needs and Empty Property survey of Thanet found that there is a clear affordability problem in the District for low-income households. In 2002 Consultants were commissioned to undertake an updated Local Housing Needs Survey for Thanet. In quantifying need, a household was considered unable to afford private sector housing (and therefore in need of affordable housing) if its gross income is less than 1/3rd of its mortgage requirement and renting privately would take up more than 30% of its net household income.  Conclusions from this study show a very substantial level of unmet affordable housing need.  The Study indicates that if all housing needs for affordable dwellings are to be met in the next 5 years then an additional 4,510 dwellings would be needed over that period.  The Study notes that negotiating elements of affordable housing through planning powers is a significant source in addressing such need. It indicates that given the substantial level of need found in Thanet any target for negotiating elements of affordable housing would be perfectly justified.  In the circumstances it recommends that negotiations should be triggered on the basis of a site threshold of 15+ dwellings/0.5 Hectares. 

 

3.83  Within the scope of Policy H1 the District Council will encourage proposals consisting of or including new, converted or rehabilitated housing that would demonstrably meet some local needs for affordable housing for example through involvement of registered social landlords.  The District Council also intends, through Policies H14 and H15, to enable provision of a wider range and improved standards of affordable accommodation to meet the needs of lower income groups.  The term affordable housing embraces both low cost market housing and subsidised housing.  However, low-cost market housing is unlikely to be genuinely affordable to those in housing need, as identified in the Housing Needs Survey 2002, unless it is subsidised in some way such as through provision of land at no cost, grant or discounted price, to ensure a price below that of dwellings on the open market.  Whilst shared ownership might be able to help a small fraction of households in need (around 9%), for the remainder only social rented affordable housing will be of any use.  Thus the vast majority of need to be met is for social rented affordable housing.  In addition to Policy H14, Policy H15 also applies to the rural settlements.

 

3.84  In respect of Policy H14, the District Council will normally seek to ensure that where affordable housing is provided it is made and kept available for those in need (normally households eligible for inclusion on the Council's housing needs register). Involvement of registered social landlords or other bona fide charitable bodies, whose continuing interest will secure this objective, will therefore be encouraged. While tenure will be a matter for negotiation, overriding local need is currently for rented housing, at affordable (non-market) rents (that is housing accessible to households whose income is insufficient to enable them to afford adequate housing locally on the open market). Arrangements to meet these needs will be particularly encouraged. 

 

3.85  The Housing Needs Survey indicates that there is an estimated annual shortfall of 902 affordable dwellings to address the full need for affordable housing over the next 5 years.  This exceeds the total amount of housing of all types planned to be built over that period and so it would clearly be impractical to seek to meet it in full.  Taking into account the size and nature of housing sites likely to come forward and the need to build balanced communities, as well as experience in other districts, Policy H14 establishes 30% as a starting point for negotiation of an element of affordable housing on eligible housing sites.  What is appropriate and reasonable for any particular site will be negotiated on an individual basis. (A specific exception being land allocated under Policy H1 at Manston Road allotments, Ramsgate, where 25% of the allocated site will be reserved for social housing.)   However, in assessing local need for additional affordable housing, the District Council will have regard to the current Housing Strategy and Investment Programme, the size and nature of the current housing needs register, and the number and proportion of affordable housing units available to accommodate local needs. Attention will be given to local market house prices and rents, local incomes, existing affordable housing supply, size and type of local households and the type of housing best suited to meet local needs.

 

3.86  Bearing in mind the 30% target for the District as a whole, the precise level of provision appropriate on any particular site will depend on a number of factors including the suitability of the site for affordable housing; the nature of the proposed development; access and proximity of services and facilities; the level of provision of similar housing in the surrounding area; and the likely viability of the proposed development, taking into account any exceptional development costs.  The Council will periodically review the 30% element referred to in Policy H14 at such time as new housing survey data is available to inform whether this percentage remains appropriate.

 

3.87  Policies in this Plan relating to design quality and achieving attractive residential environments apply equally to affordable and market housing.

 

3.88  Regeneration of the town centres of Margate and Ramsgate is being promoted through a Town Centre and Empty Property Programme.  This programme, supported by Single Regeneration Budget and European (ERDF) funding, English Heritage, Heritage Lottery Fund, Kent County Council and Thanet District Council and in co-ordination and partnership with a wide variety of investors, is delivering regeneration solutions.  It aims to eradicate the urban decay impeding investment and regeneration in these centres.  Quality affordable housing is a major driver of the programme, and land is being brought back into beneficial use for housing through close working with registered social landlords and private landlords.  Quality affordable housing is also expected to be integrated within the proposed neighbourhood renewal programme for western Cliftonville (see paragraphs 3.69-3.74 of Local Plan).

 

3.89  The 1997 Housing Needs and Empty Property Survey identified strong demand for town centre housing.  Within identified priority areas there is major scope for the provision of affordable housing as part of the overall regeneration strategy.  This includes conversion of buildings back to their original use in a secondary commercial/mixed use area.  Such locations are generally accessible on foot to a range of services.  The programme forms an integral part of the Council’s Housing Strategy.  The Council will, through its planning powers, encourage integration of affordable housing in all new housing developments.  However, it may also consider commuted payments in lieu of on-site provision, where this will facilitate provision of affordable housing contributing to the Town Centre & Empty Property Programme regeneration strategy or to other objectives of the Housing Strategy.

 

POLICY H14     AFFORDABLE HOUSING NEGOTIATIONS ON HOUSING SITES

(1)  Where Development is proposed which, in its completed form, would amount to fifteen or more residential units, or will/might reasonably form part  of an on-going/future development, cumulatively totalling fifteen or more such units, the District Council will negotiate with the developer for the inclusion of an element of affordable housing.  Such negotiations will also be applied to any site of 0.5 hectare or more irrespective of the number of dwellings proposed. 

 

(2)  The willingness of the developer to provide an element of affordable housing will be a material consideration in considering the application. 

 

(3)  The scale of affordable housing which is reasonable and appropriate on any particular site will be a matter for negotiation between the developer and the District Council.  However, an element of 30% will represent the starting point and negotiations will be based on the individual circumstances of the case, the character of the area and local needs, and be subject to a legal agreement between the two parties.     

 

(4)  Before granting consent the District Council will require the developer to demonstrate how any affordable housing will be made available to households unable to obtain adequate housing through the private market, and the Council may seek to secure this by entering into a planning agreement and will require the developer to demonstrate that enjoyment of the affordable housing as such can be guaranteed for successive as will as initial occupiers for the foreseeable future.

 

(5)  In the event that the developer wishes to locate the affordable element on an alternative site within his ownership and control, this will be accepted provided that such development of the alternative site is judged acceptable in relation to Policy H1, and subject to a legal agreement.  Alternatively, where an alternative site is not available the council may exceptionally consider a commuted sum in lieu of direct provision of affordable housing contributing to the objectives of the Housing Strategy. 

 

Operational Notes H14

  1. For the purposes of Policy H14, the definition of affordable housing is that contained in Circular 6/98 and includes both low cost market and subsidised housing.
  2. The size of site (15 units +) at which the District Council may negotiate for affordable housing, reflects the magnitude of local need in comparison to the total housing provisions in this Local Plan.
  3. An alternative site or commuted sum, as referred to in clause 5 of Policy H14, will not be an acceptable alternative in relation to the site allocated in Policy H6, in order to provide for a mixed community at Westwood.

 

3.90  Elements of affordable housing negotiated under the above Policy or otherwise provided will make a valuable contribution to meeting outstanding needs.  However, in view of the substantial amount of unmet need, this impact will be limited, and the Council wishes to pursue all reasonable courses of action to offset it. 

 

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