Asked by: Grant Shapps (Conservative - Welwyn Hatfield)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, what assessment he has made of the effect on the availability of business premises of permitted development rules allowing offices to be converted into housing.
Answered by Kit Malthouse
The permitted development right for the change of use from office to residential is making an important contribution to the delivery of new homes across the country. In the three years to March 2018, over 42,000 homes to buy or to rent have been delivered under the right.
Where it is felt that it is necessary to protect the local amenity or wellbeing of an area, the local planning authority can consult the local community on removing a permitted development right by making an Article 4 direction. This requires that a planning application must be submitted which the local planning authority can determine in accordance with its local plan.
Asked by: Grant Shapps (Conservative - Welwyn Hatfield)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, what the (a) duties and (b) responsibilities are for a Government Local Plan Inspector.
Answered by Kit Malthouse
The Planning and Compulsory Purchase Act 2004 sets out that Inspectors are appointed by the Secretary of State to carry out an independent examination to assess whether a local plan is sound. The National Planning Policy Framework tests of soundness require the plan to be positively prepared, justified, effective and consistent with national policy. If the plan does not meet those tests, the Local Planning Authority can request that the Inspector recommends main modifications to make the plan sound. These could cover any matter within the scope of the tests of soundness, which could include the level of housing allocation within the locality. All proposed main modifications are subject to public consultation
Asked by: Grant Shapps (Conservative - Welwyn Hatfield)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, under what circumstances a Government Local Plan Inspector is able to recommend the alteration of a Local Plan; and whether an inspector is able to recommend such an alteration when it will have an effect on the level of housing allocation in a locality.
Answered by Kit Malthouse
The Planning and Compulsory Purchase Act 2004 sets out that Inspectors are appointed by the Secretary of State to carry out an independent examination to assess whether a local plan is sound. The National Planning Policy Framework tests of soundness require the plan to be positively prepared, justified, effective and consistent with national policy. If the plan does not meet those tests, the Local Planning Authority can request that the Inspector recommends main modifications to make the plan sound. These could cover any matter within the scope of the tests of soundness, which could include the level of housing allocation within the locality. All proposed main modifications are subject to public consultation
Asked by: Grant Shapps (Conservative - Welwyn Hatfield)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, whether the Objectively Assessed Need criteria includes population growth as a result of immigration.
Answered by Kit Malthouse
The National Planning Policy Framework expects councils to identify their objectively assessed need for housing and other uses. The new Framework, published in July, expects a standard method to be used for assessing housing need, which is based on national projections of population and household growth. The population projections take into account anticipated changes in net migration based on past trends.
Asked by: Grant Shapps (Conservative - Welwyn Hatfield)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, whether there is an equivalent offence in planning terms to treating in electoral law.
Answered by Kit Malthouse
There is no equivalent offence in planning terms to treating, however the Localism Act 2011 requires local authorities to promote and maintain high standards of conduct for officers and elected officials through their own code of conduct. Local authorities must publish their code of conduct which requires officers and councillors to act in accordance with the seven 'Nolan' principles of standards in public life.
Asked by: Grant Shapps (Conservative - Welwyn Hatfield)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, under what circumstances a local plan inspector is able to recommend the alteration of a local plan; and what the remit for a local authority, group or individual to appeal an inspector’s recommendation which will increase housing is.
Answered by Dominic Raab
I refer my Rt Hon Friend to the answers given to Questions UIN 143714 and UIN 143713 on 17 May 2018.
The role and remit of Planning Inspectors is set out in the Planning and Compulsory Purchase Act 2004. Planning Inspectors act on behalf of the Secretary of State to assess the soundness of a Local Plan in line with national planning policy, following a transparent and rigorous public examination process. The Inspector is responsible for making recommendations to the local planning authority on whether or not the plan is sound. However, the Inspector can only make such recommendations if formally requested to do so by the local planning authority.
During the examination, the Inspector can recommend ‘main modifications’ (changes that materially affect the policies) to make the plan sound and legally compliant but only if asked to do so by the local planning authority. The council can also put forward ’additional modifications’ of its own to deal with more minor matters. The local authority will be required to consult on “main modifications” and the Inspector’s Report will be issued following the consideration of any representations by the Inspector.
The decision whether to adopt a Local Plan is made by the local planning authority. They may choose to withdraw a Local Plan after considering the Inspector’s report. While there is no formal mechanism to appeal against the recommendations in an Inspector’s report, the adopted Local Plan could be challenged in the High Court on a point of law.
Asked by: Grant Shapps (Conservative - Welwyn Hatfield)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, if he will publish the role and remit of local plan inspectors.
Answered by Dominic Raab
I refer my Rt Hon Friend to the answers given to Questions UIN 143714 and UIN 143713 on 17 May 2018.
The role and remit of Planning Inspectors is set out in the Planning and Compulsory Purchase Act 2004. Planning Inspectors act on behalf of the Secretary of State to assess the soundness of a Local Plan in line with national planning policy, following a transparent and rigorous public examination process. The Inspector is responsible for making recommendations to the local planning authority on whether or not the plan is sound. However, the Inspector can only make such recommendations if formally requested to do so by the local planning authority.
During the examination, the Inspector can recommend ‘main modifications’ (changes that materially affect the policies) to make the plan sound and legally compliant but only if asked to do so by the local planning authority. The council can also put forward ’additional modifications’ of its own to deal with more minor matters. The local authority will be required to consult on “main modifications” and the Inspector’s Report will be issued following the consideration of any representations by the Inspector.
The decision whether to adopt a Local Plan is made by the local planning authority. They may choose to withdraw a Local Plan after considering the Inspector’s report. While there is no formal mechanism to appeal against the recommendations in an Inspector’s report, the adopted Local Plan could be challenged in the High Court on a point of law.
Asked by: Grant Shapps (Conservative - Welwyn Hatfield)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, what the (a) mechanisms for challenging and (b) processes for appealing against the decisions of a Government Local Plan Inspector are; and if he will make a statement.
Answered by Dominic Raab
Planning Inspectors act on behalf of the Secretary of State to assess whether a Local Plan is suitably thought through, and whether it satisfies the statutory requirements, following a transparent and rigorous public examination process. The inspector is responsible for making recommendations to the local planning authority.
The decision whether to adopt a Local Plan is made by the local planning authority. They may choose to withdraw a Local Plan after considering the inspector’s report.
While there is no formal mechanism to appeal against the recommendations in an inspector’s report, the adopted Local Plan could be challenged in the High Court on a point of law.
The Secretary of State also has powers to intervene in the Local Plan process if he thinks that a local development document is unsatisfactory. However, wherever possible, Government wants to allow local planning authorities to decide on whether to adopt a plan, without interference from central Government.
Asked by: Grant Shapps (Conservative - Welwyn Hatfield)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, how much responsibility a Government Local Plan Inspector has for identifying the soundness of a Local Plan.
Answered by Dominic Raab
Planning Inspectors act on behalf of the Secretary of State to assess whether a Local Plan is suitably thought through, and whether it satisfies the statutory requirements, following a transparent and rigorous public examination process. The inspector is responsible for making recommendations to the local planning authority.
The decision whether to adopt a Local Plan is made by the local planning authority. They may choose to withdraw a Local Plan after considering the inspector’s report.
While there is no formal mechanism to appeal against the recommendations in an inspector’s report, the adopted Local Plan could be challenged in the High Court on a point of law.
The Secretary of State also has powers to intervene in the Local Plan process if he thinks that a local development document is unsatisfactory. However, wherever possible, Government wants to allow local planning authorities to decide on whether to adopt a plan, without interference from central Government.
Asked by: Grant Shapps (Conservative - Welwyn Hatfield)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Housing, Communities and Local Government, whether he plans to review the effectiveness of the objectively assessed need formula for housing.
Answered by Dominic Raab
The Government is introducing a new standard method to assess local housing need, which will provide a transparent and consistent basis for understanding the need for homes in each area. This is not a local housing target and assessing needs is the starting point in the process, not the end. We set out the proposed method in our consultation Planning for the Right Homes in the Right Places, which closed on 9 November 2017. We will consult on a draft revised National Planning Policy Framework before Easter.