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UK Planning Laws Contradict Government Targets

Tom Bulford - Wed 16 Apr, 2008

UK planning laws stand in the way of the government’s 3m house building target

Owners of luxury flats mugged by their drug-addled neighbours… building plans altered to save crayfish and scraps of old wallpaper… developer’s cash siphoned off to help struggling sculptors… a planning process that is slow, creaky, unpredictable and bizarre. These are just some of the reasons why Gordon Brown’s target of three million new homes by 2020 has no chance whatsoever of being achieved.

The government is living in fantasy land. The supply of new homes could easily be increased – if only the government’s own policies were not so unrealistic.

Let’s start with the planning process. At present plans have to be submitted to the local planning officer, an overworked individual whose morale is not helped by the knowledge that he could be earning twice as much in the private sector. If he approves a plan then it must be put before the planning committee, a group of local busybodies who can choose to accept or reject the plans just as they like. There seem to be no rules. There is nothing to say that if every box has been ticked then the plans must be approved. If the committee does not like them, if perhaps the chairman happens to live next door to the proposed development, then it will get the thumbs down and that is the end of it.

John Prescott, in an excellent illustration of utter stupidity, tried to do something to speed up the process. He gave money to any planning office that dealt with an application within thirteen weeks. But rather than ensure that all applications were properly reviewed in that period, planning officers simply dropped the guillotine upon them after twelve weeks and six days, just to get Prescott’s money. Money that, by the way, did not go back into the planning department but was simply dropped into the yawning coffers of the local authority.

Then we have Section 106. Under this rule local authorities can, as a condition of giving planning permission, demand contributions towards local amenities. This is to be spent on parks, playgrounds, schools - the latter even if the proposed development is of an old person’s home and brings no new children into the area – and hideous stone eyesores that only serve to demonstrate why the local sculptor cannot make a living without handouts from the public purse. Developers are blackmailed. They need to get on and build. They want to get through the planning process as quickly as they can. So if at the eleventh hour they are asked to chip in a few more thousand towards a new merry-go-round they are inclined to give in. No other industry is held to ransom in this way. Some builders are starting to ask whether it is even legal.

Builders have long been resigned to the demands of the conservation lobby. The Dartford Warbler and the Great Crested Newt have held up many a planning application, as has the white-clawed crayfish. Recently I met a developer who told me how he had been required to preserve an old radiator and some wall-paper contained within a Gothic abbey that he was converting. But what is really upsetting the whole economics of house building today is the requirement for social housing.

Any development of more than nine dwellings must devote half of this to social housing. This is council housing by another name, and must be built at between 45% and 55% of its market value – effectively the build cost. Because this is basically subsidised by the profits from building homes for private sale, this insistence upon social housing pushes up the price of the former or else renders some proposed developments uneconomic.

Here in Oxford a proposed development of eighty-five new homes has been abandoned for this very reason. In its misguided desire to engineer cohesive ‘local communities’ (how I hate that phrase!) the government insists that social housing is mixed in with private housing. This is known as ‘pepper-potting’ and has led to horrendous incidents where private home-owners are mugged and otherwise abused by their socially-housed neighbours. This of course has the effect of reducing the value of the private housing, undermining the economics of any new project.

Now, as if all this were not enough, house builders are faced with the cost of the government’s latest vote-winners. In an attempt to keep the elderly out of publicly-funded care homes it has said that in future new homes must be built with downstairs bathrooms, staircases that can accommodate stair-lifts, entrances and hallways wide and flat enough for wheelchair access, and ‘bathrooms planned with side access to toilet and bath’ – whatever this means. All this is regardless of whether or not an elderly person is actually likely to live there.

This additional cost comes on top of Gordon Brown’s commitment that within ten years all new homes will be ‘carbon neutral,’ meaning solar panels, wind turbines, pipes to suck hot water up from the earth’s core, triple glazing etc.

This crowd pleaser will add £30,000 to the cost of a new home, and when added to the requirement for social housing and the expensive demands made under Section 106, it will mean that a developer of a one hectare plot will be committed to shelling out £2m-£3m before he can even think of making a profit on the basic business of building private homes. At the typical plot density of forty homes per hectare this means that every buyer of a private home is making a £50,000 contribution towards government initiatives.

There could be even worse to follow if the mooted plan to levy capital gains tax on the uplift in value that follows planning permission is introduced. But even as things stand the hopeless morass that is the planning process and the cost and social impact of the government’s own policies, means that its targets for new homes are just pie in the sky.

Regards,

Tom Bulford
For the Daily Reckoning

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Quite agree. The Planning rules are pathetic, and wide open to curruption. I applied for planning to build a pub/80 seat restaurant a few years ago. The then director of planning, said it was a good scheme, road surveys all completed and acceptable etc. But half the site was in the green belt. We were not planning to build in the green belt. We were advised to allow the planners to design the car park and they would reccommend approval. We agreed, and then it was thrown out by the planning commitee beacause one member was an accountant for the local brewery, who did not want any private competition, and his local watering hole was operated by his best mate 1/2 a mile away at the other end of the village. He told a pack of lies at the meeitngs, which took me nearly 2 years to disprove. Another amazing sequence of our system is how a person can apply for planning permission fo say a house, and be refused, then someone else, ususally a local builder, applies fo the same thing and gets the requires permission.....strange!
By David ward, 20 Apr, 2008, 09:56
Dear Sirs, I have been reading the Daily Reckoning for years and have found it to be an extremely well informed and level headed publication. It’s greatest attraction for me is that it seldom strays into the realm of dogma or social Politics. This has allowed a socially conscious minded thinker like myself to ingest the publication for what it is, namely sensible economic commentary. I have no idea what your reasons are for taking such an incredibly biased view of both the governments and of local councils planning policies but I can only assume there is a vested interest for you to feel the need to vent in such a manner. The environment we live in and share with our fellow human beings is the most precious thing we have. Any measure that helps stop the developers running roughshod over our neighborhoods in the pursuit of personal gain should be afforded the respect it deserves. And whilst I agree that dealing with planning policies can at times be an infuriating business, it is nevertheless a necessary one. I found so many of the comments you made in your article to be so indifferent to the needs of society as to be actually offensive. You mark yourself out as an exclusionist and a NIMBYist in your hatred of the phrase ‘local communities’ clearly preferring to have nothing to do with the great majority of the population that cannot afford to live in Ivory towers. Nor does there seem to be any sense of responsibility on your part for the abysmal way we treat the elderly in our society or for the decimation of the few remaining natural habitats we have left. I found it disappointing that you chose to comment on individual cases that have clearly arisen form extremely complex circumstances and leveled any fault squarely at the feet of the local planners. The demands of the conservation lobby are there to try to ensure that there is a due process to follow so that the developers do not have the final say. They are there to ensure that we have an environment left that is worth living in. Respectfully Yours, Joe de Kadt.
By Joe de Kadt, 17 Apr, 2008, 07:01
You say: ". In an attempt to keep the elderly out of publicly-funded care homes it has said that in future new homes must be built with downstairs bathrooms, staircases that can accommodate stair-lifts, entrances and hallways wide and flat enough for wheelchair access, and ‘bathrooms planned with side access to toilet and bath’ – whatever this means. All this is regardless of whether or not an elderly person is actually likely to live there. I say: The population is aging. Houses are getting smaller with access becoming increasingly limited. Isn't it sensible to ensure house designers and builders ensure the future usefulness of the building. If this adds some cost (and it won't be much), whilst making it more saleable in the future then it has to be a good thing. Nice rant Mr Bulford, but not very well thought out.
By Jonathan Eddy, 17 Apr, 2008, 10:51
Tom Bulford is talking nonsense about the local planning process, which he has obviously not researched. Firstly, only a minority of applications do actually go before a committee. His "committee of local busybodies" - that is, local councillors, are the ONLY point of review of what the planning officers are doing. They cant all live next door to a proposed development and refuse it - Im sure this has happened somewhere sometime, but it is an unworthy smart comment in what was supposed to be a serious article. It is also the point at which serious objections can be raised. In rural areas such as this, planning officers are often far too chummy with local small-scale developers, so any possible safeguard is good. He fails to attribute blame where it belongs. It was Thatcher who sold off council housing at knock-down prices, much of it not yet paid for, to tenants, solely to destroy the idea of social housing following her own dogma.
By frank Harwood, 17 Apr, 2008, 09:38
He found a way around this little problem Local housing allowance, very soon there will be 1000's of empty houses in all areas of the country. All the unwanted 1 and 2 bed flats will soon be filled as people are forced from their large underocupied homes thanks to Mr Brown
By John Ellis, 17 Apr, 2008, 01:52
My experiences recently and at considerable cost are the opposite. If the planners want to they can pass anything they wish. There is no appeal of a bad planning decision. The only recourse is to question if the decision was "unlawfull" in a judicial revue, which is nigh on impossible. In my case the six bedroomed ensuite bathroom mantion (biggest in this area for 200 years!) built within 5M of us and a very small peice of land was passed despite the architects drawings being inaccurrate (3M that doesnt exist.) and breaching their own "guidelines". The commitee proved to be no counterweight to the coincil (something between a Soviet show trial and The Muppet Show.) And last but not least the proposer works for the council! Interestinglymy local councillor was very hostile to my complaint also. I was actually happy to disuss ways in which a building of this scale could be built with my blessing but they dont do talking at the planning office. I lost the "leave" stage on the court but fortunatley when all this started 3 years ago my next door neighbour (the proposer.) didnt read The Daily Reckoning etc so didnt know that if he was delayed too long he would hit rocky times ahead. So he now has to sell two existing properties and deal with building costs rising at 10%. Which ever way youlook at it the planning system is corrupt and stupid. As for Gordy's Big Plan he is simplyfollowing Sir John Harvey-Jones's observation "Goverments generally achieve the exact opposite of what thet set out to."
By JonLuisada, 17 Apr, 2008, 12:03
"Any development of more than nine dwellings must devote half of this to social housing." This is not strictly true - it depends on the area and 10% to 20% social housing is more common.
By julian wills, 16 Apr, 2008, 09:19

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Recent Comments
The figure for social and affordable housing is scary, even here in the republic of ireland its only 15% to 20% and that is impacting hugely negatively upon social relations. We are staring at a class war and I don't think I'm exagerating too much especially considering that for mere euro's per week my neighbour can have a 3 bed mid terrace with a garden just like mine where my partner and I are paying nearly 1000 Euro per month, hardly seems fair now does it. I'm glad developers are getting it in the neck now because they and the government and banks are entirely responsible for this over inflated economy in ireland and the uk, we need the guoillitine back, more heads should roll By gabe brolly
Whether it's 10% or 20% or 50% for the element of social housing within the new builds is irrelevant. Any percentage at all will not work nor should it be expected to work. This supposed 'solution' is New Labour's idea of social-engineering and if we care to think sensibly was one of their ways to solve the social ills of the country. How about stopping giving social security payouts to lazy good-for-nothings instead. There will always be social exclusion in any society...just grow up and live with it. There will always be those who work hard and deserve to get ahead financially; why should they be disadvantaged so that Brown and his New Labour forefathers can pander to the feckless who sadly live amongst us? By J R M Macintyre
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