The Brant Inn
A planning application for 25 houses was submitted in 2014
February 2014
Not all news travels fast- sometimes it takes months to get around
The loss of this facility would not render the locality any less sustainable or reduce the community’s ability to meet its day to day needs, and they point out that there are five other public houses within about a 1.5k radius. The Gynsills, also has a Premier Lodge attached.
Why consider redevelopment?
Despite a significant increase in the population within the catchment area of the Brant many things have changed since it's heyday, and none to the advantage of the business. Everards says that the smoking ban introduced in July 2007, high utility costs, cheap alcohol sold in supermarkets, coffee offers and changing social habits, especially amongst younger people, are transpiring against the traditional community pub. The leisure industry as a whole has been severely affected by the on-going economic downturn with industry reports suggesting up to 50 pubs a week are closing. Spending patterns have changed during this period and this has affected public houses across the board. Community public houses such as the Brant have been severely affected and it is likely that this trend will continue for the foreseeable future.
“The fixed costs, rates, utilities and staffing, associated with operating such large premises are very significant,” explains the company. “The property is under invested but in order to bring it up to a modern day standard and fit for purpose would require considerable investment, estimated at in excess of £300,000. The location of the site, the nature of its existing layout and the fact that it was conceived for another era make such investment unviable for both landlord and tenant.”
Before the arrival of the A46 Western bypass and the A50 interchange the Brant would have had the feel of a country pub, but now the brewery says the location is not ideal, away from the centre of the village. It has no main road frontage, and tucked away behind the properties on Overdale Avenue it is not visible or easily accessible to travelling customers, so the opportunity for passing trade is minimal.
With the disadvantage of it's location, and the current and prospective economic situation, the brewery has had to look at the viability of the Brant and how it fits into their commercial strategy and management of their pub portfolio. In 2012 the Bulls Head in Ratby was refurbished at a cost of £275,00 and this year's improvements at the Stamford Arms could cost as much as £350,000.
Not a profitable future
It seems that he internal layout of the Brant Inn does not suit current design criteria for public houses, and structural elements within the property would make it difficult to alter. The property is generally dated and has large ancillary areas which result in higher running costs than the average public house. This has a detrimental impact on the viability of the business. And with regard to the hotel side of the business the bedroom accommodation is dated and lacks numbers to make it commercially sustainable.
“The present tenant purchased the leasehold interest in 2006 and continues to operate the site,” explain Everards in their planning application. “He is unable to invest in the business and whilst Everards Brewery continues to provide support in terms of business advice, retail marketing, personnel, rating etc the situation is untenable in the medium term. Without the substantial investment mentioned above, it is our opinion that no other operator will be able to successfully (and profitably) run the Brant Inn.” The brewery would normally expect to pay statutory compensation for the closure of the business.
“If the application is successful we will review The Brant Inn before considering a disposal of the site,” explained Erika Hardy, Head of Marketing. “We are working closely with the current licensee who is fully informed and will continue to operate the pub for the immediate future.”
Many customers will regret the passing of the Brant but, as the brewery points out, some pubs are not considered viable for the future. The Company says that it pro-actively seeks alternative uses rather than allow properties to deteriorate and become a blight, a target for anti-social behaviour and a problem within localities/neighbourhoods. In this case residents may agree that if it has to go then a small housing development may be the best use of the site.
The Parish Council view
The Planning Committee at Groby Parish Council considered the application at it's meeting on Wednesday 6th February 2013. Although there were no objections to the location of the development, if an alternative use has to be found for the site, members still have continuing concerns about the pressure that any new development has on the village schools and health facilities. The new homes will fall in the catchment area of Martinshaw Primary School.
Where to find more information
The details of the proposals can all be found on the Borough Council's website and comments can be sent to the planning office or made online. If you miss the February 26th deadline you may still comment but don't rely on the online facility being available after that date. The web address for comments is https://pa.hinckley-bosworth.gov.uk/online-applications/applicationDetails.do?activeTab=makeComment&keyVal=MF6NZQII7S000, or click this link to the same page.
April 2012
The Green Wedge and Brownfield sites
After much controversy, debate and campaigning by a wide cross section of interested groups and the media, the National Planning Policy Framework has at last been published. The government says it sweeps away over 1000 pages of planning guidance and replaces it with 65 pages. Time will tell whether that really means 65 pages of guidance and 65 man years of appeals and disputes over interpretation.
But perhaps this is to be overly pessimistic as we could be on the cusp of a new era of harmony between those whose business it is to build the new homes the country needs, planning officers, and those who have, or live near, the land where it can all happen. The Policy says that "local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development. The relationship between decision-taking and plan-making should be seamless, translating plans into high quality development on the ground. Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible." So that's sorted.
Targets by another name?
The house building targets have gone, but before anyone who feels Groby has all the houses it's infrastructure can cope with starts cheering they should reflect on the fact that local planning authorities should "boost significantly the supply of housing" and "ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing" in the area. To this end they still have to identify and update annually a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements with an additional buffer of 5% to ensure choice and competition in the market for land. Where there has been a record of persistent under delivery of housing, they have to increase the buffer to 20%. But it doesn't all end at 5 or six years as they also have to identify a supply of specific, developable sites or broad locations for growth, for years 6-10 and, where possible, for years 11-15.
The Green Wedge and Brownfield sites
One of the fears was that the new Framework would encourage the use of greenfield sites instead of brownfield sites. These fears have been allayed to some extent by the guidance that "planning policies and decisions should encourage the effective use of land by re-using land that has been previously developed (brownfield land), provided that it is not of high environmental value. Local planning authorities may continue to consider the case for setting a locally appropriate target for the use of brownfield land."
Locally there has been concern that further development on the edge of the settlement boundary could erode the green wedge which separates Groby from neighbouring villages and so the recent review of the green wedge has been important.
"The Green Wedge review is just a review of the Green Wedge and makes a series of recommendations," explained Simon Wood, Head of Planning at the Borough Council. Two local sites amongst those considered in the review are of particular interest. One is the land owned by Bloors next to the cemetery, which could be reclassified as green wedge, a move which would be welcomed by those who oppose any development on the land. The other is the site of the Brant Inn, currently within the green wedge but which could be taken out. As a brownfield site some might find it more acceptable as a redevelopment site for housing, but it appears this change of use has to be approved at another stage in the planning process.
"The boundaries of the Green Wedge will be addressed through the site allocations documents," explained Simon, "as will any potential removal of the Brant Inn from the Green Wedge and any possible allocation for housing or other uses. At the moment the Brant Inn is still within the Green Wedge and any planning application would need to demonstrate why housing would be acceptable on that site given that at present it would be contrary to the current Green Wedge policy and boundary."
Reassurance
The prospect of losing the Brant may concern those who enjoy a drink, meal or overnight stay in this long established Groby landmark. "I am well aware of the reclassifying of the Brant to a brownfield site,” said landlord Daljit Ghai. “My family has had the privilege of running the Brant for 6 years and I would like to reassure all customers that we will continue to trade for many more years to come and have no intentions otherwise."
They will welcome this reassurance and these comments from Erika Hardy, Head of Marketing at Everards : "The pub is trading and our current licensees, who have been there for a few years, have a substantive agreement in place so it is business as usual.” There are many locals who will happily drink to that.
April 2012
A look at aspects of the new planning rules
Imagine this. You are in a long term relationship and decide the time has come to pop the question. Off you go to buy the ring and you think about how you will play this. In the movies it often seems to be after a nice shared evening out with a meal and a bottle of wine. If it's good enough for screenwriters it's good enough for you. But when to go and where? Well Valentines Day must be appropriate and why not that nice pub where your sister had her wedding reception.
This is looking good. You get out your smartphone and check the menu on their web page. Not particularly romantic, but your partner is a vegetarian and is sure to enjoy the Crispy Samosas served with a yoghurt and mint dip followed by the Courgette, Brie and Almond Crumble with a bottle of the house white. Could be better but money's a bit tight after buying the ring. No need to book, the pub isn't as busy as it used to be.
So the day comes and you pick her up, telling her your destination is a surprise. You wonder whether she'll guess as you turn into the road, but you can't see the pub sign. Your foot goes very sharply on the brake. Not only can't you see the sign, you can't see the pub. Just a metal gate and a heap of rubble. She is not impressed. “I've heard of a pub with no beer,” she says, “but a pub with no building is a new one on me.”
You are puzzled as the website clearly said “The Brant Inn will still be open for the foreseeable future. We are still taking bookings for parties and weddings. Please note the Brant Inn will not be shutting any time soon.” But there is no doubt the Brant Inn has gone.
Not a far fetched story
You may think that this could never happen but one family did turn up in December for a meal and were amazed to find that it had closed. As the Spotlight went to the printers both the pub website and the pub's page on the Everards website came top in a 'Brant Inn' Google search, and neither mentions its demise. Although Everards have been asked twice to confirm the dates of closure and demolition there has been no response, but it seems it ceased trading around October last year.
Despite the expressed wish of the tenants to continue trading it was clear that it's days were numbered when Everards applied for permission to redevelop the site for housing and invested large sums of money to refurbish the Stamford Arms. It's best days were past.
“The fixed costs, rates, utilities and staffing, associated with operating such large premises are very significant,” explained the company at the time. “The property is under invested but in order to bring it up to a modern day standard and fit for purpose would require considerable investment, estimated at in excess of £300,000. The location of the site, the nature of its existing layout and the fact that it was conceived for another era make such investment unviable for both landlord and tenant.”
And it's that other era that many residents will remember with fondness. Before the arrival of the A46 Western bypass and the A50 interchange the Brant would have had the feel of a country pub, but now the brewery said the location is not ideal, away from the centre of the village. With no main road frontage, and tucked away behind the properties on Overdale Avenue, it was not visible or easily accessible to travelling customers, so the opportunity for passing trade was minimal.
The internal layout of the Brant Inn did not suit current design criteria for public houses, and structural elements within the property would have made it difficult to alter. The property was considered generally dated and had large ancillary areas which resulted in higher running costs than the average public house. That had a detrimental impact on the viability of the business, argued Everards. And with regard to the hotel side of the business they considered the bedroom accommodation dated and lacking the numbers to make it commercially sustainable.
In a rather unscientific mini- survey it seems that those who knew of the closure and demolition last autumn were likely to be regular customers or neighbours. If you were neither you may well have been unaware that this local landmark had gone. At least local residents have been spared the problems of an empty, boarded up, vandalised building.
Do you want to let the passing of the Brant go unmarked?
Or do you have happy memories of visiting the hotel for a special occasion or walking down for a drink on a warm summer evening?Are there photographs you could share with other readers? Did you receive a proposal of marriage at the Brant? Do you recall the fire? What about the jazz and other music at the Brant?
You can get in touch with us at info@grobynews.tk or info@grobyspotlight.co.uk.
March 2013
Planning meeting resolution -
12/01107/OUT – It was RESOLVED – subject to resolving the issues around the Great Crested Newts and a Section 106 agreement or receipt of an acceptable Unilateral Undertaking under S106 of the Town and County Planning Act 1990 to provide affordable housing and financial contributions towards play and open space, highway improvements and education, the Head of Planning or Development Control Manager be granted delegated powers to grant planning permission subject to the conditions contained in the officer’s report and late items. Failure to complete the agreement by 18 April 2013 might result in the application being refused.
Scroll down for earlier articles on the Green Wedge and new planning rules
Job losses in Brant demolition proposals
February 2013
Five full time and six part time jobs will be lost if a plan to demolish the Brant Inn is approved by Hinckley and Bosworth Borough Council. The site would be redeveloped for housing and would have 31 dwellings. Twelve would fall in the affordable housing category and these would consist of four 2 bedroom, five 3 bedroom and three elderly person accommodation. The council boundary runs through the site, so it appears that about a third of the houses could be within the Blaby area.
Last year the Spotlight reported that the Brant Inn could be taken out of the Green Wedge classification and suggested that as a brownfield site some might find it more acceptable as a redevelopment site for housing, though this would have to be approved at another stage in the planning process.
What were we told then?
In April 2012 Erika Hardy, Head of Marketing at Everards said that "the pub is trading and our current licensees, who have been there for a few years, have a substantive agreement in place so it is business as usual.” And landlord Daljit Ghai added that “my family has had the privilege of running the Brant for 6 years and I would like to reassure all customers that we will continue to trade for many more years to come and have no intentions otherwise."
It is clear, however, that the future of the site was already under review. The planning application documents submitted to Hinckley and Bosworth suggest that consideration of the possibility of redevelopment was well in hand at that time. A Noise Assessment Report was undertaken in November/December 2011, and in March 2012 both the archaeological assessment and draft ecological appraisal were completed. A Landscape and Visual Appraisal was also commissioned in March 2012.
So what are they saying now?
Both parties want readers to know that the Brant is still open and still welcoming it's customers. “If the application is successful we will review The Brant Inn before considering a disposal of the site,” explained Erika Hardy earlier this month. “We are working closely with the current licensee who is fully informed and will continue to operate the pub for the immediate future.”
Daljit Ghai added "as freehold owners of the site Everards are entitled to submit a planning application to the Borough Council at any time. However, I would like to re-iterate and reassure the residents of Groby, that no agreement has been made between ourselves and Everards Brewery at this time. If and when any agreement is made I will release a further statement."
Click on plan for larger version. The plan is part of an outline planning
application and at this stage is purely illustrative.
The Brant Inn currently trades as a hotel with 10 en-suite letting bedrooms, restaurant and public house. Planning guidelines say that decisions should guard against the unnecessary loss of valued facilities and services where they would reduce the community’s ability to meet its day to day needs. However the brewery believes that the Brant Inn does not provide an essential day to day service for the community such as that provided by a local shop, and it would be likely to be used only occasionally as it is not a typical village local pub.
November 2011
Neighbourhood Plans and Orders
One of the changes is to introduce 'Neighbourhood Plans' which will be produced by town and parish councils or neighbourhood forums if there is no parish. They will establish general planning policies for the development and use of land in a neighbourhood, and will sit within development plans produced by district councils. Communities will also be able to use Neighbourhood Planning Orders to permit the development they want to see without the need for planning applications.
Plans or orders will not take effect unless there is a majority of support in a referendum of the neighbourhood. An independent qualified person will make sure that referendums only take place when proposals are workable and of a decent quality. Proposed neighbourhood development plans or orders will need to gain the approval of a majority of voters of the neighbourhood to come into force. If proposals pass the referendum the local planning authority will be under a legal duty to bring them into force.
So when is a plan not a plan?
This sounds good. So Groby will be able to have a plan that says we don't want any more development, overstretched infrastructure or fuller roads. Well nothing is ever purely black or white, and what happens if a community says no to new housing?
“If – and I don’t expect this to happen, certainly it would be very rare – if a council refused to provide any homes at all for the future of its people, that is clearly not a real plan. So they will be advised to have another go at it,”Greg Clark the Minister for Planning told the Daily Telegraph. So a plan that says 'no' is not a real plan and will need to be rewritten or be open to challenge by developers.
If you are an optimist you may feel it will all be worthwhile. If you are not you may think we've seen all this before : communities give their time and Council Taxes to developing strategies and plans for the future. They may be effective or they to amount to very little. But the system Government gives you is all you have to work with so you just have to bite the bullet and get on with it. One view is that the Coalition has little more in it's armoury to kick start the economy, so a boost to the building industry is perhaps the last straw it is clutching.
Localism triumphs?
And this may mean that Localism, a word which does not appear in the new National Planning Policy Framework (NPPF), has to take second place. A case in point is the huge new development near Groby that was refused planning permission by Blaby District Council. It was opposed by residents as well as local parish councils and Leicestershire County Council. Although the 74 acres of land is near the M1 in the Blaby District Council area between Glenfield, Ratby and Groby. the traffic impact is forecast to extend as far as the A46/A50 intersection. The developers decided to appeal to Eric Pickles, the Secretary of State for Local Government, despite the fact that he is the champion of Localism. But Eric was sympathetic to the developers and believes that the benefits of the Wilson Bowden Development project outweigh concerns about traffic and residents' complaints it would blight nearby homes.
Tony Robotham, clerk to Glenfield Parish Council, told the Leicester Mercury that the development “will blight Glenfield by adding 250 homes, industrial units and another commercial centre. The council also believes that the associated traffic will further blight the area and cause major congestion,” he added. “It would appear that neither Localism nor the Big Society apply in Glenfield and that large developers, with the support of central government, are still able to ride roughshod over local opinions and concerns."
Response to the consultation
But life goes on and the Borough Council's response to the proposed National Planning Policy Framework (NPPF) has been sent. The main points include :
The document provides no clarity regarding existing documents that have been adopted by Local Planning Authorities
The NPPF states that local communities will have more power over the development of their neighbourhoods which will remove the ‘top-down’ planning regime of previous Governments. However, all decision making must be done within the strict parameters of the NPPF, retaining the ‘top-down’ approach.
The NPPF does not place any responsibility on the development industry to bring forward the dwellings for which they are granted planning permission. More must be done to ensure that these are delivered on the ground by the developers.
The requirement for Local Planning Authorities to demonstrate a five year supply of housing should be scrapped. There is far too much emphasis on securing development immediately which puts power in the hands of developers. A long term, plan led approach to development should be taken to ensure that it is delivered in a sustainable manner.
Protection at the national level should be given to Green Wedges. These are strategically important pieces of land which have successfully guided the development of settlements in Leicestershire.
Overall, the planning system is being made considerably more ambiguous, increasing the risk of any refusal of planning permission being challenged through appeal.
This is a very brief summary of the submission. You can download the full document by clicking the link at the bottom of this page.
Localism Bill provisions
Information provided by The Department for Communities and Local Government (13/12/2010)
Community Empowerment
Right to veto excessive council tax rises
The public will be given the power to approve or veto excessive council tax rises - any local authority (including police and fire authorities) and larger parishes setting an increase above a ceiling set by the Secretary of State and approved by the House of Commons will trigger a referendum of all registered electors in their area. It will make local authorities much more transparent and much more accountable to local people. If councils want to increase council tax beyond a specified level, they will have to prove the case to the electorate. Greater transparency and accountability will help reduce wasteful expenditure. This will be the first time local people will have the power to decide for themselves if their council tax increase is too high rather than Government deciding through capping action. Press notice at: http://www.communities.gov.uk/news/newsroom/1658244
Community Right to Challenge
A right for voluntary and community groups, social enterprises, parish councils and local authority employees delivering a service, to challenge a local authority, by expressing an interest in running any service for which they are responsible. A local authority must consider and respond to this challenge. The challenge may trigger a procurement exercise for that service in line with the relevant procedure, which the challenging organisation could then bid in, alongside others. The right is part of the Government’s aim to create a Big Society.
Community Right to Buy
This will require local authorities to maintain a list of public or private assets of community value put forward for consideration by communities. When listed assets come up for disposal (either the freehold or a long leasehold), communities will be given the chance to develop a bid and raise the capital to buy the asset when it comes on the open market. This will help local communities to save sites which are important to the community, which will contribute to tackling social need and building up resources in their neighbourhood.
Local Referendums
This measure gives people, councillors and councils the power to instigate a local referendum on any local issue. Although these referendums will be non-binding, local authorities and other public authorities will be required to take the outcomes into account in decision making. Local electors across England currently lack a general mechanism by which they can trigger a local referendum on issues of importance to them and through which to influence local decision making and make their views known. To address this issue and provide electors with such an opportunity to influence local decisions, the Government is committed to give residents the power to instigate local referendums on any local issue.
Decentralisation and strengthening local democracy
General Power of Competence
The general power of competence will provide local authorities, including certain parish councils, with all the same powers that an individual generally has, which will enable them to do anything apart from that which is specifically prohibited.This measure will mean that local councils will have new freedoms to run services free from Whitehall diktat. It will to give local authorities confidence in their legal capacity to act on behalf of their communities and to act in their own interest to generate efficiencies and savings. It will provide more freedom for councils to innovate and work together with others to drive down costs. It will give them increased confidence to set up banks, develop property, run new services and own assets.
Local Authority Governance
These measures will allow councils, regardless of their size to return to the committee system of governance, should they wish. To remove the existing limited choice and instead offer real choice for councils and local people to decide what is best for them. This is about providing localism - empowering councils and local people to decide what is best for their local area. Press Notice at: http://www.communities.gov.uk/news/newsroom/1719870
Directly Elected Mayors
Almost every major city in the world has a strong and powerful executive mayor. The Bill will address this discrepancy by giving areas the right to have a mayor. Mayors give local citizens a powerful local leader and figure head for municipal government, better deliver local economic growth, boost local democratic engagement and enhance the prestige of a city. This Government is committed to creating directly elected mayors in 12 English cities. Following Royal Assent, the Government will make an Order, whereby the council leaders for Birmingham, Bradford, Bristol, Coventry, Leeds, Leicester, Liverpool, Manchester, Newcastle upon Tyne, Nottingham, Sheffield and Wakefield would become shadow mayors, and be given the powers available to existing council mayors. These cities and any other area that calls for a mayor will hold mayoral referendums on local Election Day in May 2012. For areas that vote in favour, mayoral elections would then be held on local Election Day in May 2013 using the Supplementary Vote system which is used for existing mayors, including London. Mayors will be elected for four year terms and have the status and power to make their city a success, the detail of which will be further explained during the course of the parliamentary process.
Predetermination
Councillors should be free to campaign, to express views on issues and to vote on those matters, without fear of being unjustly accused of having a closed mind on a particular issue because of it. Predetermination and bias have proved to be difficult and controversial issues for many local authority members in the past. We will be legislating in the Localism Bill to make it clear that the normal activities of a councillor; campaigning, talking with constituents, expressing views on local matters and seeking to gain support for those vies should not lead to an unjust accusation of having a closed mind on an issue that can lead to a legal challenge. The fear of being accused of bias and consequently having a decision challenged or overturned has prevented councillors from speaking up, denying the public their representation in council. The Bill will give councillors the assurance that they can campaign, discuss and vote on issues with confidence. Press notice at: http://www.communities.gov.uk/news/newsroom/1768611
Standards Board
The abolition of the Standards Board regime will revoke the centralist model code of conduct for councillors, abolish the need for a local authority to have a statutory standards committee and abolish the Standards Board for England (which regulates local authority standards committees). The Standards Board regime was a vehicle for petty and vexatious complaints about councillors conduct that consumed councillors’ time and councils’ resources, as well as damaging confidence in democracy. The Government is committed to the highest standards of conduct by councillors, meaning that while the Standards Board regime is being abolished, we are legislating to make it a criminal offence to deliberately withhold or misrepresent a personal interest. This means that serious misconduct that can at present lead to censure by a local authority standards committee and having to make an apology will instead possibly result in a criminal conviction. Press notice at: http://www.communities.gov.uk/news/newsroom/1719857
Pay Accountability
To improve transparency and local democratic accountability in how senior pay is set within local government. Provisions are included in the bill that will require local authorities and fire and rescue authorities to approve and publish annually at Full Council (for FRAs, a meeting of members), a senior pay policy statement which authorities will be required to follow when setting senior pay. Where councils want to depart from the pay policy, these would need to be referred back to Full Council (or a meeting of members for FRAs) to vote on.
Scrapping Bin Taxes
So-called 'bin tax' schemes would have allowed local councils to charge residents for household rubbish collections or fine families for having a full bin. This Bill will repeal sections 71 to 75 of, and Schedule 5 to, the Climate Change Act 2008 thus stopping these schemes taking place. Ministers believe bin taxes would have harmed the local environment by fuelling fly-tipping and backyard burning; they would also have allowed local councils to charge residents for rubbish collections, or fine families for having a full bin, on top of council tax bills which are at record levels. The charge and submit system around bin taxation would have led to an increase in bureaucracy; and we want to the system from this unnecessary red tape. Press notice at: http://www.communities.gov.uk/news/corporate/1643145
Reform of the Planning System
Abolition of Regional Strategies
The removal of the primary legislation which sets the basis for Regional Strategies. Ministers believe imposed Regional Strategies and the top down targets did not work effectively and that the target-driven approach to development was undemocratic and added unnecessary bureaucracy to the planning system. This approach alienated people, setting them against development – as witnessed by the number of objections to them from members of the public and the fact we now have the lowest levels of peacetime house-building since 1924. Press notice at: http://www.communities.gov.uk/news/planningandbuilding/1632278
Community Infrastructure Levy
The Community Infrastructure Levy allows local authorities to set charges which developers must pay when bringing forward new development in order to contribute to new infrastructure. The Bill introduces three changes to the Community Infrastructure Levy. Firstly, the Bill includes provisions to make regulations requiring some of these funds to be passed to neighbourhoods where the development has taken place. Secondly, it makes clear that funds can be spent on the ongoing costs of infrastructure, as well as the initial costs of new infrastructure. Lastly, it gives local authorities greater control over setting their charging levels – while independent examiners will still consider whether the charging schedule is unreasonable, it will be for the authority to decide how to make it reasonable. Press notice at: http://www.communities.gov.uk/news/communities/1772640
Local Plan Reform
Minister wish to give local authorities and communities greater choice and control by removing the ability of the Planning Inspectorate to re-write local plans - and by removing procedures on timetabling and monitoring, which many authorities have found bureaucratic. Planning inspectors will continue to assess local plans at a public examination, and authorities will only be able to adopt plans judged ‘sound’ by the inspector, but inspectors will only be able to suggest changes at the request of the local authority. Local authorities will be able to suggest changes during the examination and withdraw development plan documents before their adoption, without seeking clearance from central Government. Local authorities will also have to publish up to date information direct to the public on what planning documents they are preparing, while central government powers to direct changes will be more limited.
Neighbourhood Planning
The Bill will introduce a new right for communities to shape their local areas. Neighbourhood plans will enable communities to permit development – in full or in outline – without the need for planning applications. The current planning system is too centralised and bureaucratic. This complexity makes it inaccessible to communities. Top-down enforcement of housing targets has alienated communities and stoked up local opposition to development. This will lift the burden of centralised controls and give neighbourhoods and local areas the flexibility to innovate, be creative, access new resources and control their own futures. Reforms will streamline decision-making and remove barriers to development. Press notice at: http://www.communities.gov.uk/news/newsroom/1788714
Community Right to Build
This measure will give local communities the power to take forward development in their area without the need to apply for planning permission, subject to meeting certain safeguards and securing 50 per cent support of the community through a referendum. It will be for communities to identify suitable land, sources of finance and secure support for their proposals, but we will put in place arrangements to provide help and guidance. This right aims to tackle the lack of development coming forward in rural areas where local planning authorities are resistant to development and consequently restrict expansion despite communities themselves expressing a wish to see new housing and other facilities built. Communities will be able to safeguard the future of rural villages for future generations by providing the framework to develop without being told that it does not fit with their local council’s plans and should not go ahead. Press notice at: http://www.communities.gov.uk/news/newsroom/1722128
Duty to cooperate
We are introducing a duty to cooperate to ensure that local authorities and public bodies cooperate with each other. The duty will be a key element of our proposals for strategic working once Regional Strategies are abolished. Working alongside the incentives that we are implementing, such as the New Home Bonus and Business Rates, it will act as a strong driver to change the behaviour of local authorities.
Pre-application consultation
To strengthen the role of local communities in planning, the Bill will introduce a new requirement for prospective developers to consult local communities before submitting planning applications for very large developments. This is intended to give local people a real chance to comment on proposed developments which may have an impact on them, and to collaborate on issues such as design at an early stage, when they still have a real change to influence proposals before they are finalised.
Developers will be required to have regard to any opinions raised during this consultation when deciding whether to make any changes before submitting their planning applications.
Enforcement
In order to engage in the planning system individuals and communities need to know that – where people try to flout the system – local planning authorities have the ability to take action. These proposals will tackle abuses like making deliberately misleading planning applications and running retrospective planning applications and enforcement appeals simultaneously.
Nationally Significant Infrastructure Projects (abolition of the Infrastructure Planning Commission)
This measure will replace the Infrastructure Planning Commission with an efficient and democratically accountable system that provides a fast-track process for major infrastructure projects and ensures Parliamentary approval of National Policy Statements (National Policy Statements) before they can be designated. The current system for consenting applications for major infrastructure projects is unaccountable. Decisions on applications for major infrastructure projects should be taken by Ministers, who are democratically accountable, rather than by an unelected quango. The Government also wants to ensure that National Policy Statements are as robust as possible, and minimise the risk of successful judicial review. The Government will ensure that National Policy Statements are approved by Parliament to ensure the strongest possible democratic legitimacy. Press notice at: http://www.communities.gov.uk/newsstories/planningandbuilding/1626163
Social Housing Reform
Social Housing Allocations reform
We will give back to local authorities the freedom to determine who should qualify to go on their housing waiting list. The rules on eligibility will continue to be set centrally. We will also make it easier for existing social tenants to move within the social sector, by removing transferring tenants who are not in housing need from the scope of the allocation rules – they will no longer have to compete with those on the waiting list in housing need. Under the current system local authorities must include on their waiting lists for social housing anyone who applies, with the exception of some foreign nationals and people guilty of serious unacceptable behaviour. As social housing is in great demand and priority is given to those most in need, many applicants have no realistic prospect of ever receiving a social home. The current arrangements encourage false expectations and long waiting lists (currently almost 1.8 million households). This measure will allow local authorities to set waiting list policies that are appropriate to their local area. By taking transferring tenants who are not in housing need out of the allocations rules, we will make it easier for them to move and easier for landlords to manage their stock sensibly. Press notice at: http://www.communities.gov.uk/news/newsroom/1775594Reform of Homelessness legislation
People who experience a homelessness crisis need somewhere suitable to live, but do not necessarily need social housing. But under the current legislation they can insist on being provided with expensive temporary accommodation, at taxpayer’s expense, until social housing becomes available. Around 70% of homelessness duties are ended with an offer of social housing - which results in around 20% of social lets being allocated to people owed the homelessness duty, at the expense of other people in need on the housing waiting list.
The Bill will give local authorities the flexibility to bring the homelessness duty to an end with an offer of suitable accommodation in the private rented sector without requiring the household’s agreement. There will be safeguards: as now, an offer of private sector housing will only bring the duty to an end if the accommodation is suitable for the whole household. The private sector tenancy would need to be for a minimum fixed term of 12 months, and the duty would recur if, within 2 years, the applicant becomes homeless again through no fault of his or her own (and continues to be eligible for assistance).
Social Housing Tenure reform
Currently, social landlords are normally only able to grant lifetime tenancies. The provisions in the Bill will enable local authority landlords to grant tenancies for a fixed length (the minimum length being two years). These ‘flexible’ tenancies will give more freedom to local authority landlords, allowing them to manage their stock more effectively and ensure that the occupation of social housing better reflects actual need. Landlords will retain the power to grant lifetimes tenancies. Currently, the decision to allocate someone a social tenancy is taken on the basis of the situation of that person at a particular point in their life. As the tenancy is given for life, a landlord will not be able to review the person’s occupation of the property even if subsequent changes, e.g. an increase in income, mean that the person’s need turned out to be only short-term. This makes the current highly-centralised system unfair and ineffective. Press notice at: http://www.communities.gov.uk/news/newsroom/1775594
Reform of Council Housing Finance
This reform will replace the current annual centralised system for subsidising council housing and replace it with a locally run system. Under the new system, councils will keep their rental income and use it locally to maintain their homes. To achieve this, the Bill will enable a one-off payment between Government and each council. This will put all Local Authorities in a position where they can support their stock and housing debt from their own income in future. Reform of the Housing Revenue Account is a key plank of localism. It gives councils full control over a key area of spending and service provision. It will enable better long term asset management and more transparency and accountability of landlords to tenants. It will address the structural under-funding in the current system.
National Homeswap Scheme
This measure will take a power to set, via the social housing regulator a standard on mutual exchange - a swap of accommodation between two or more tenants where each party moves permanently into their exchange partner's property. This would require landlords to participate in web-based mutual exchange services that enable tenants to see a wide range of properties across providers in England. Less than 5% of households move within the social housing sector each year compared to almost a quarter of private renters. Tenants who are overcrowded, who need to move to get a job or to be nearer to family for caring have to compete with households on the waiting list, one option for them is to seek a mutual exchange. In order to create more mobility within the social stock and give greater choice to tenants over where they live we propose that a national scheme should enable tenants to see a wide range of properties across providers. Press notice at: http://www.communities.gov.uk/news/newsroom/1664130
Reform of Social Housing Regulation
This measure will: make reforms to the regulatory system for social housing; abolish the Tenant Services Authority and transfer its remaining functions to the Homes and Communities Agency; and make changes to the Ombudsman regime applicable to social housing complaints. This will be enacted by making amendments to the Housing and Regeneration Act 2008, the Housing Act 1996 and the Local Government Act 1974. Abolishing the T Tenant Services Authority will put local people in control of driving up standards of social housing management and resolving most failings. The regulator will be focused on the economic regulation of landlords and resolving serious failings that can’t be resolved between landlord and tenant at the local level. Under the plans England’s 8 million social housing tenants will receive stronger tools to hold landlords to account and there will be a greater role for locally elected representatives in resolving problems in their area. State intervention will be reduced. Housing associations will continue to be subject to robust economic regulation with a stronger focus on value for money, thereby maintaining lender confidence, protecting taxpayers and supporting the supply of social housing. The system of two separate ombudsmen handling social tenants’ complaints will end. A single Ombudsman specialising in complaints about social housing will ensure consistency, and provide a common route of redress for all social housing tenants.
Facilitating moves out of the social rented sector
The Government is keen to see that support is given to help realise social tenants’ ownership aspirations, which in turn can help to enable better housing outcomes for those in need through more effective use of social rented stock. The Bill will ensure that housing association tenants who are also members (e.g. share holders) of their landlord organisation are allowed to take up incentive schemes which facilitate moves out of the social rented sector into owner occupation. Current legislation does not allow this because it precludes the making of any gifts (including such an incentive payment) to tenant members or former members.
Home Information Packs
Home Information Packs were suspended on 21 May and all requirements relating to Home Information Packs have ceased to apply to responsible persons – either a seller or their estate agents and sellers, this measure will repeal Part 5 of the Housing Act 2004 thereby abolishing Home Information Packs. Energy performance certificates will still be required under separate legislation. On average, consumers have saved £78 from obtaining individual pieces of information during the process of buying and selling a home than paying for a Home Information Pack. This will result in an overall saving of some £870m over a ten year period. The abolition of Home Information Packs will formalise the position on this. Press notice at: http://www.communities.gov.uk/multimedia/newsroom/1638683
Don't groan when you read the word consultation again. Britain's complex planning system needs to be simplified, says the government, and this consultation is designed to simplify and replace more than 1,000 pages of regulations with 52 pages. It says this is necessary to kick-start house building and that planning authorities should assume that the default answer to development proposals is 'yes'. Hinckley and Bosworth Borough council members have recently agreed on their response, but more about that later.
If you want to know more about the Government's announcement in December 2010 about the Localism Bill scroll down the page. Many of the provisions were modified as the bill passed through Parliament.