A guide to the strategic promotion of development land

A G U I D E TO

T H E S T R AT EG I C P RO M OT I O N O F D E V E LO P M E N T L AND

The purpose of this guide is to shine a light on the way in which longer term and larger development sites can be promoted. This is written in the context of promoting land for residential development, but the principles apply to any other alternative use.

This guide will consider three key aspects of the development being: •

Planning policy and context

•

Site appraisals

•

Legal status of the land

Housing Land Supply. In order to free local authorities from this debate, Westminster introduced the Standard Method for calculating the housing requirements of each local authority. This is considered by many to be flawed.

With a focus on past delivery and affordability, this skews the national allocation of housing to the south and fails to reflect growth aspirations in the north.

Whilst local authorities can justify housing numbers beyond the Standard Method to reflect their economic

It is our intention to show you how to consider many of these issues yourself, to determine whether it is then worth paying for professional advice to explore matters further.

ambitions, many can use it as a shield to either avoid difficult decisions or support a policy of entrenchment.

Given the significant increases in capital value which can be achieved, we will always recommend taking early professional advice to verify your initial thoughts and to

PLANNING POLICY AND CONTEXT

develop a strategy to take a site forward.

LOCAL AND NEIGHBOURHOOD PLANS In the context of the NPPF, local authorities are required to maintain a Local Plan, setting out their aspirations over, typically, a 20 year period. This covers all key policy areas

NPPF*

Set by Westminster

LOCAL PLAN

Set by Local Authority

NEIGHBOURHOOD PLAN TECHNICAL CONSTRAINTS

Voluntary, at a parish/town council level Site Specific

*NATIONAL PLANNING POLICY FRAMEWORK

National Policy is set by Westminster. It shapes Local Plan

housing and employment delivery.

Local Plans are made within a framework of public consultation culminating in an independent assessment by a government appointed Planning Inspector.

This

consultation and plan making process generally takes up to three years, and often significantly longer. In addition, Adopted Local Plans are then the subject of interim reviews.

making and establishes the policy context for Planning

As the plan making process is consultative, landowners

applications which are brought forward in areas where

can influence the policies which will govern how their site

there is no Local Plan.

is viewed by the Council. To stand the best chance of

The influence of the NPPF has been significant. At it’s inception in 2012 it had a strong pro growth agenda to

successfully promoting land, engagement in this is key but often overlooked.

help drive the economic recovery needed at the time.

The level of input needed is down to the individual but the

The NPPF established the concept that local authorities

more valuable the site or the more likely it’s development,

must maintain a demonstrable Five Year Housing Land

the greater the justification to spend money.

Supply, and where they do not, they have to consider any reasonable proposals brought forward on land which is deemed to be sustainable. This continues to shape local policy decisions today.

Representations can be as simple as completing an online survey or submitting a basic form to the Council however if you are aiming for an Allocation, evidence will be needed to demonstrate the viability and deliverability of

The NPPF has undergone subsequent reviews with

the site. This involves investment in technical reports to

equally dramatic effects.

show why your site should be afforded this status. Where

As a pivotal planning issue, significant time is spent determining whether a local authority has a Five Year

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such as economic growth, their environmental strategy,

this is competitive, you might need to undertake the same work on someone else’s site to prove that yours is the more favourable.

A GUIDE TO: THE STRATEGIC PROMOTION OF LAND DEVELOPMENT

Whilst Local Authorities must have a Local Plan, the Cameron government gave parish and town councils the power to create their own Neighbourhood Plan. These can build upon a Local Plan but cannot over-rule it.

Neighbourhood Plan making follows the same principles

REGION A. Spatial strategy, including the distribution of employment and housing

B. Environmental strategy C. Transport infrastructure

as a Local Plan but as they operate on a more localised

LOCAL AREA

basis, there is a lighter and more proportionate approach.

SITE APPRAISALS

A. Housing and employment policies B. Transport C. Healthcare requirements D. School requirements E. Environmental considerations F. Utilities

When considering the suitability of land for development,

IMMEDIATE VICINITY

you need to start at a regional level and consider the local

A. Housing allocations B. Competing planning applications C. Visual impact of the development D. Access and transport E. Noise F. Ecology G. Flooding H. Utilities

At the end of this document is a fuller description of the Local Plan making process.

area before honing in on the site itself.

For most landowners, the ability to consider issues at the level of the Site or Immediate Vicinity is easier than at the Local and Regional levels as the latter are more driven by policy considerations than they are by physical characteristics.

On the right is a summary of some of the key aspects to consider in the appraisal of any site. These are broken down into the varying levels at which the site needs to be assessed.

When considering these you need to be

mindful of both the constraints and the opportunities which exist – a problem elsewhere might be solved by mitigation on your land which you will only offer up if you get development.

SITE A. Size B. Access C. Topography D. Drainage E. Ecology F. Biodiversity

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BELOW IS AN ILLUSTRATION OF SOME OF THE POSSIBLE CONS SOLUTION CAN BE FOUND WHICH ADDRESSES A RAN

EXI S T I N G

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P

Footpath

Stream

Settlement

Flooding

Hedgerow

Key Views

A GUIDE TO: THE STRATEGIC PROMOTION OF LAND DEVELOPMENT

STRAINTS WHICH MIGHT AFFECT A SITE. IT SHOWS HOW ONE NGE OF SITE ISSUES AND ALSO OFFERS PUBLIC BENEFITS.

P ROP O S ED BETTERMENT

• Flooding Attenuated

NEW TREES

• Filter Views • Habitat Creation • Carbon Offset

NEW WETLAND

• Flood Mitigation • BioDiversity Net Gain • Filter Views

Footpath

New Tree

Settlement

New Hedge

Existing Hedge

New Wetland/Scrape

Stream

New Housing

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Consideration needs to be given to each of the factors

or possessory and is it registered?

identified on the previous page. The inter-relationship

advice from a solicitor.

between the various levels is often highly nuanced and

This might require

linked, rather than each being capable of consideration

3. IDENTIFY RISKS

in isolation.

Look into the prospect of a ransom strip against the site

Looking at the site comprehensively and assessing it

for access or utilities and unrecorded rights of way.

against the criteria above will give you an objective view

If the land has been used by local people for lawful sports

of the prospects of development.

It is useful to make

and pastimes, as of right, for at least twenty years, then

notes about the Site and Immediate Vicinity against each

somebody might be able to claim that the land is a Village

of these headings.

Once that is done you can sketch

Green (please note that in a Pioneer Area different rules

these out so that you start to get a visual representation

apply, and this includes areas of Lancashire, Cumbria and

of the constraints and opportunities. You can then layer

North Yorkshire).

over this any mitigation which might help to overcome

happened and work out how to reduce the risk if it has.

the constraints and make the most of the opportunities.

LEGAL STATUS

You should assess whether this has

CONCLUSIONS The promotion of strategic land is a long term game

A site might be physically capable of development, in

where the rules evolve and the prospects of development

accordance with prevailing planning policy, however, it’s

ebb and flow.

legal status could still represent an impediment against development coming forward. There are three easy steps

If you are serious about seeing development on your

to properly consider these, as set out below.

land, you need to make that happen – it will not do so of

1. ESTABLISH OWNERSHIP AND OCCUPATION

which is realistic, affordable and founded on an objective

Confirm whether you occupy all of the land which you

updated as necessary.

own. If not, establish the basis on which it is occupied.

Ensure that the physical boundaries align with your legal title and check whether it is contiguous with an adopted highway.

it’s own volition. This requires the pursuit of a strategy assessment of the risks. It also needs to be reviewed and

With the right advice, all of this can be undertaken directly however there are developers who will promote sites on a landowner’s behalf for a share in the profits if they are successful. For many landowners, entering an agreement

Where you have established your ownership, make sure

with a development partner is the right strategy for them

that it is recorded correctly with the Land Registry.

but it needs to be negotiated from an informed position to ensure that you get the best terms available.

2. IDENTIFY CONSTRAINTS Where there is a Tenancy check whether this prevents

Whatever your circumstances, GSC Grays have the

you resuming possession. This might take a little more

experience to advise you on the best approach in a way

than a cursory glance. For example, you might be able

tailored to your requirements.

to resume possession on the back of obtaining planning consent but do you have the rights reserved out of the tenancy to undertake the survey work required to obtain planning? If not, work out what opportunities there are to address this.

Check whether there are covenants restricting the use of the property or reservations to a third party of the mineral and sporting rights which might need to be secured.

Finally, ensure that you have a marketable title. Does it for instance, cover the whole of the site, is it documented

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CALUM GILLHESPY DIRECTOR

01833 694931 crg@gscgrays.co.uk

A GUIDE TO: THE STRATEGIC PROMOTION OF LAND DEVELOPMENT

THE PLAN MAKING PROCESS PHASE

01 PHASE

02

D E V E LO P AN E VID E NC E BASE • Consult

The public are able to comment on the

• Evaluate

evidence which the Council will use to

• Present

write their policies and thus start to influence those.

P O L I C Y D E VE LO P ME NT • Consult on policy options

Councils will often suggest a number

• Identify Preferred Options

of strategies for each policy area such

• Consult on Preferred Options • Prepare a Pre-Submission draft local plan

• Consult on the Pre-Submission draft

as the spatial distribution of housing.

Is this focussed on main towns or dispersed more widely for instance. The responses help to inform the Preferred Option for each of those policy areas which is then consulted upon again.

Councils have some flexibility on the way in which they consult and might not follow each of these steps so early engagement avoids the risk of losing the opportunity later.

PHASE

03

AD O P T I O N • Submission draft sent to

The Planning Inspector will make the

Planning Inspectorate

evidence base and the plan public in

• Planning Inspector appointed

advance of the EIP. They are likely to

• Public hearings, known as an

set a programme for the hearings and

Examination in Public takes place

• Inspector’s recommendation to

identify matters of concern to them upon which they will invite representations.

Local Authority, determining whether or not the plan is Sound.

The Inspector’s role is to determine

• Adoption of the Local Plan by the

there to make it better and the hearings

local authority, having considered the Inspector’s findings.

whether the plan is Sound, they are not can be managed in a strict fashion to ensure that it does not a squabble between the promoters of competing sites.

The Inspector will report on their findings to the Council who are likely to adopt those recommendations needed to ensure that the Plan is Sound.

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