Affordable Housing SPDreduced
Affordable Housing SPDreduced
Affordable Housing SPDreduced
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affordable housing
January 2008
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Affordable Housing
Supplementary Planning
Document
January 2008
John Archer
Head of Planning
Contents
Page
1. Introduction 1
2. Policy Background 2
Appendix V Contacts 32
Glossary 33
Warwick District Council Affordable Housing SPD
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1 INTRODUCTION
1.1 This SPD expands upon those housing policies in the adopted Warwick District Local Plan
(1996-2011) which are concerned with the provision of affordable housing. These policies
include:
• Policy SC11 Affordable Housing, and
• Policy RAP4 Providing Rural Affordable Housing.
1.2 The supplementary information in this SPD provides guidance and information to
developers of housing sites on aspects such as:
1.3 The Council also produces Guidance for Developers on Affordable Housing which is
updated on a regular basis. This complements the SPD by providing up to date
information on housing costs and sizes, indicative rent levels, household incomes and
standards of accommodation in relation to affordable housing. Both this SPD and the
Guidance for Developers are available on the Council’s web site www.warwickdc.gov.uk.
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2. POLICY BACKGROUND
2.1 The policy background to affordable housing is set out in national guidance, the
Development Plan for Warwick District, and other national, regional and local strategies.
2.2 National planning policy for housing is set out in Planning Policy Statement 3: Housing
(PPS3) which was issued in November 2006. In terms of affordable housing, PPS3 sets
out the government’s commitment to “providing high quality housing for people who are
unable to access or afford market housing, for example, vulnerable people and key
workers as well as helping people make the step from social rented housing to home
ownership”. Affordable housing is defined as social rented and intermediate housing.
2.3 PPS3 states that planning documents should set targets for different types of affordable
housing and specify the types of housing that are required. They should set out the
circumstances in which affordable housing will be required and the approach to developer
contributions as an alternative to the provision of the affordable homes on-site. In rural
areas, plans should consider allocating and releasing sites solely for affordable housing,
where practical and viable, including the use of a rural exception site policy.
2.4 The West Midlands Regional Spatial Strategy (RSS) was adopted in June 2004 and covers
the period 2001 to 2021. It forms part of the Development Plan for Warwick District. A
review of the housing aspects of the Strategy commenced in 2005 and is expected to be
adopted in early 2009.
2.5 Policy CF5 of the RSS is concerned with the delivery of affordable housing and mixed
communities. The policy requires local authorities to co-operate with housing providers to
create more balanced and mixed communities through the provision of a range of housing
types and tenures. They should keep under review the need for affordable housing and
consider whether there is a need for affordable housing to be sought on sites below the
site size threshold set out in national guidance
2.6 The RSS recognises the need for 6,000-6,500 affordable dwellings per year across the
region although these needs differ across the region. Broadly speaking, there is poor
quality and choice in the Major Urban Areas whilst insufficient affordable housing is the
main problem in the south and west of the region.
2.7 The West Midlands Regional Housing Strategy (RHS) was published in June 2005. The
strategy was supported by extensive research into the housing circumstances of the
region.
This research informed the identification of the region’s four Housing Market Areas
(HMA’s). Warwick District is included within the South HMA along with Stratford on Avon
District and the six Worcestershire districts.
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2.8 The RHS states that intra-regional migration from the conurbation, coupled with migration
from the South East, has created a high demand, highly unaffordable, housing market in
the South HMA. The RHS expects further pressures on the South HMA to result from the
Milton Keynes/ South Midlands Growth Area.
2.9 The South HMA is attractive to commuters and economically active households and has
high rates of owner occupation. A very low proportion of the area’s housing stock is
affordable housing and as a consequence the South HMA has high levels of
homelessness and affordable housing needs. Within the HMA, Warwick District and
Stratford Town have the highest affordable housing needs. In terms of the wider
allocation of funding, however, the RHS identifies the regeneration of the low demand
areas in the West Midlands conurbation as being of greatest priority.
2.10 The Local Plan was adopted in September 2007 and forms part of the Development Plan
for the District. In respect of affordable housing, the Plan sets out:
2.11 The Council’s Corporate Strategy 2003-2007 has been produced following consideration of
the needs and aspirations of the community and partners and the present and past levels
of performance. One of the social objectives is to “Meet the Housing Need” and the
priority actions for achieving this include:
• To increase the number of affordable homes within the District, and
• To improve the quality of housing.
These priorities are supported by Corporate Targets for the period 2003-2007 which seek
to increase the number of affordable homes by 100 per year and to meet the Decent
Homes Standard for council homes of 78% by 2007 and100% by 2010. These targets are
currently under review.
Housing Strategy
2.12 The Council’s current Housing Strategy was produced in 2003 and is under review in 2007.
It takes forward the objectives from the Community Plan and the Corporate Strategy. An
Officer-led Steering Group, the Housing Strategy Steering Group, brings together Officers
from Housing and Planning Departments, Members and Tenant Groups to monitor and
review progress. This has included involvement in developing the housing policies of the
Local Plan.
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Homelessness Strategy
2.13 The Council’s Homelessness Strategy was updated in June 2005 and meets the
requirements of the Homelessness Act 2002. It sets out a review of current provision for
meeting the needs of homeless people, identifies future needs and formulates a strategy to
meet those needs.
2.14 The LAA is an agreement between central Government and partners within Warwickshire
that aims to tackle issues identified by the people of the County. The LAA is structured
around 6 functional blocks. Within the Stronger Communities block outcome St4 identifies
a need to “meet local housing needs”. One of the indicators that will measure the extent to
which this outcome is achieved is “numbers of affordable housing units built on land
identified as public land/ premises”.
2.15 The Council recognises the importance of joint working between Housing and Planning
Departments in order to meet the corporate priorities in relation to affordable housing.
Housing and Planning Officers work together in developing housing policy such as the
Housing Strategy, the Local Plan housing policies and Supplementary Planning
Documents related to housing. At councillor level, the Housing and Environment Portfolio
Holders are jointly involved in matters related to affordable housing.
2.16 In terms of the implementation of affordable housing schemes, the Council’s Housing
Development Officer (based in the Housing Department) liaises with developers and
affordable housing providers in bringing forward these schemes. The post is the first point
of contact for developers thus ensuring that developers are informed about the Council’s
strategic priorities at an early stage.
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3.1 Housing need in the District is evidenced by a number of different studies at sub-regional,
district and parish levels.
3.2 This Joint Assessment of the housing needs of Warwick and Stratford on Avon Districts
was undertaken by Outside UK Ltd. The study used a combination of primary and
secondary data to assess levels of affordability in line with Government guidance as set
out in the draft practice guidance “Housing Market Assessments” (ODPM December
2005). The source of the primary data was a household survey which combined postal and
face-to-face questionnaires. The main findings of the survey, in terms of affordability in
Warwick District, were as follows:-
3.3 This desk top Housing Market Assessment was carried out by Rupert Scott on behalf of
the South Housing Market Area Partnership. The study analysed the supply of, and
demand for, entry level housing which is defined as housing priced at or below the lowest
quartile price. In Warwick District, this price is £151,000. The following Table illustrates the
types of homes which new households can afford.
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3.5 The Housing Assessment 2006 included a sample survey in the rural area as a whole but,
due to the large number of small settlements and the small numbers of households, this
sample was insufficient to be meaningful at parish level. However the assessment did
identify a clear need for affordable housing in the rural area generally.
3.6 A better way of estimating need in rural villages or parishes is to carry out a housing needs
survey or assessment where every household receives a questionnaire. Some parishes
carry this out as part of a wider Parish Plan survey. The Warwickshire Rural Housing
Association also carries out such surveys on behalf of parishes where there is a prospect
of providing affordable housing locally. The Council is able to advise as to whether such
surveys have recently been carried out.
3.7 The Warwickshire Black and Minority Ethnic Housing Needs Study (Bob Blackaby, May
2005) was commissioned by the five Warwickshire District Councils and the Supporting
People Team to research the specific housing and housing related support needs of
minority ethnic groups in the county. In 2001, Warwick District’s population had a higher
proportion of people in black and minority ethnic groups (7.1%) than any other
Warwickshire District. Further, 25% of the county’s total black and minority ethnic
population lived in Warwick District.
The Councils and local housing associations should continue to give urgent consideration
to ways in which they can increase the supply of social housing for rent. There is a
particular need to increase the supply in Leamington Spa. Efforts to expand supply should
include consideration of:
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3.9 A study into the accommodation needs of gypsies and travellers in the South Housing
Market Area is due to be completed by the end of 2007. If a need is identified in Warwick
District, the Local Development Framework will allocate suitable sites.
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4.1 The Warwick District Local Plan includes the Government’s definition of affordable housing
as contained within PPS3 (Appendix B) as follows:
“Affordable housing includes social rented and intermediate housing, provided to specified
eligible households whose needs are not met by the market. Affordable housing should:
• meet the needs of eligible households including availability at a cost low enough for
them to afford, determined with regard to local incomes and local house prices.
• Include provision for the home to remain at an affordable price for future eligible
households or, if these restrictions are lifted, for the subsidy to be recycled for
alternative affordable housing provision”
“Rented housing owned and managed by local authorities and registered social landlords,
for which guideline target rents are determined through the rent regime. The proposals set
out in the three Year Review of Rent Restructuring (July 2004) were implemented as policy
in April 2006. It may also include rented housing owned or managed by other persons and
provided under equivalent rental arrangements to the above, as agreed by the local
authority or Housing Corporation as a condition of grant.”
“Housing at prices and rents above those of social rent, but below market prices or rents,
and which meets the criteria set out above. These can be shared equity products (e.g.
Home Buy), other low cost homes for sale and intermediate rent.”
4.4 The Local Plan also states that affordable housing should, by definition, be affordable to
those in housing need. The Council will, therefore, expect housing for rent to be no more
than Housing Corporation benchmark rents and be within the limits of those receiving
housing benefit. Intermediate housing is often unaffordable to those in housing need, and
certainly to those in receipt of housing benefit. However, the Council accepts that there is
a role for such housing for those wishing to make the transition from rented housing to
home ownership. The Council, therefore, will accept intermediate housing only where
the costs are considered to be affordable in relation to the income of newly-forming
households. This relationship is based on the mortgage cost of the dwelling which should
be no more than 3.5 times the income of newly forming households.
4.5 Government guidance states that where gypsy and traveller sites are owned and
managed by local authorities or Registered Social Landlords, they are included within the
definition of affordable housing.
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5.1 Policy SC11 (Affordable Housing) sets out the affordable housing requirement on
residential development sites (see Appendix I for full policy).
Policy SC11
Site Size
5.3 Site size, in terms of hectares, refers to the gross site area. Where the site is a
subdivision of a larger site or adjacent to another potential housing site, the site size for
threshold purposes will be taken to be the larger development site. Thus where a site has
been subdivided, or is in separate ownerships, the site size will be all the sites taken
together.
5.4 In determining whether two or more adjacent development sites should be considered as
one, the council will consider the following:
• whether a previous application incorporated parts of both sites;
• whether the sites are inter-dependant in any way – for example, functionally or
physically;
• whether there is a community of interest between the two owners; and/or
• whether there is a reasonable prospect of developing both sites together
5.5 In applying the threshold of 10 units in the urban areas, the Council will have regard to the
density of the development as well as the numbers of units proposed. For example, there
may be instances where a scheme, which provided less than 10 dwellings, is judged to
have an inappropriate density in order to circumvent the policy requirement. In such
cases the Council may refuse the application if the density of the development is contrary
to local and national policy.
5.6 The towns in Warwick District are Warwick, Leamington Spa, Whitnash and Kenilworth.
The boundaries between the towns and the rural areas are shown on the Local Plan
Proposals Maps.
5.7 The general presumption is that the affordable housing will be provided on the
development site. This will ensure that new developments contribute towards mixed and
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balanced communities. All four towns offer sustainable locations for residential
development in terms of access to jobs, services and public transport. The Housing
Assessment 2006 found that there is demand for affordable housing throughout the
District pro-rata to population levels. It is unlikely, therefore, that any urban site would not
be suitable for affordable housing.
5.8 Local Plan Policy RAP1 (Directing New Housing) only allows market housing development
in the rural areas in certain circumstances. In terms of market dwellings, sites of 3
dwellings or more (the threshold for affordable housing) are only likely to be granted
permission on previously developed land in the Limited Growth Villages. This is because
these villages have a reasonable level of services and access by public transport to the
towns. Permission will only be granted for such sites where there is evidence of local
need for the market dwellings. This need should be demonstrated in a parish/ village
appraisal or assessment carried out by the local community.
5.9 The Housing Assessment identified a need for affordable housing across the rural area
generally. However, the availability of suitable sites in sustainable locations in the rural
area is a serious problem in this District. Therefore, where a private development site
emerges in a Limited Growth Village the Council will require an element of affordable
housing on sites of 3 dwellings or more. The housing will be offered, firstly, to people with
a local connection with the parish or, in the unlikely event that insufficient such need is
identified, other rural parishes. An exception may be where the Parish and District
Councils have agreed a specific lettings policy. The criteria for determining “local
connection” are set out in paragraph 9.16.
5.10 There will be no requirement to identify a specific local need for rural affordable housing
(provided as part of market housing site) due to the small numbers of units which are likely
to be delivered and the relatively large amount of general need identified in the Housing
Assessment. However, where an up-to-date assessment or survey of local needs exists,
this will be taken into account in determining the types of homes. See Section 9 for
development on “rural exception sites”.
5.11 The Council will require 40% of the total (gross) number of dwellings provided on the site
to be affordable. Where a scheme is amended to increase the number of dwellings,
following the grant of planning permission, a proportionate increase in the amount of
affordable housing will also be required.
Site Viability
5.12 It is expected that developers will be aware of their obligations in respect of affordable
housing, and other planning requirements, at the outset and that the financial implications
of these will have been taken into account prior to negotiations on the purchase of the
land. Where applicants claim that they are unable to provide 40% affordable housing
because this would make the scheme unviable, the Council will require written evidence of
the costs of the scheme. A list of the major components of a scheme for which details
should be provided is given in Appendix II. Alternatively, developers may wish to utilise
the Housing Corporation’s “Economic Appraisal Tool” which is available on their web site
(www.housingcorp.gov.uk). All such information would be confidential between the Council
and the developer and the details would need to be validated by an independent
Chartered Surveyor, appointed by the Council.
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5.13 In cases where the Council is satisfied that the scheme could not be viable with 40%
affordable housing, Officers will negotiate with the applicant on either the mix of homes to
be delivered or the numbers to be provided. In doing so, they will take into account the
affordable housing priorities in that particular location and the nature of the overall
development.
Policy SC11
“provision will be made on site either as serviced land and/or dwellings”
(sub-section I)
5.14 The presumption is that the affordable homes will be provided on the development site.
This will ensure that the development provides a mix and balance of homes. The
preferred approach is where the developer builds the homes and transfers them to a
Registered Social Landlord.
5.15 There may be exceptional circumstances where it is not possible to provide affordable
housing on the site. This could include, for example, a small conversion scheme where it
is not possible to separate the affordable housing from the market housing and where this
would present difficulties in terms of management arrangements and service charges. In
such instances, the Council may agree to a financial contribution in lieu of the affordable
housing. This financial contribution would be used to support the provision of affordable
housing in other locations. The contribution will be calculated on the basis that the site
size, in terms of dwellings, is equal to the numbers of dwellings provided on the site plus
40%. This takes into account the increased number of market dwellings provided on the
site (100% as opposed to 60% - see Table below). Further guidance on the calculation of
financial contributions is given in the Council’s Guidance for Developers.
5.16 Alternatively, the Council may consider the provision of the affordable housing on an
alternative site if such a site can be identified and secured for the provision of housing to
meet the needs of the district. As with the example cited above, the amount of affordable
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housing to be provided off-site will reflect the increase in the number of market homes
which can be provided on the development site itself.
5.17 In the case of both financial contributions and off-site provision, the details of the
arrangements will be set out in a planning (Section 106) agreement.
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6.1 The Local Plan seeks to ensure that any affordable housing provided under the policy
does actually meet the needs of the District
Policy SC11
6.2 The affordable homes to be provided must meet the definition of affordable housing as
outlined in 4.1 above. However within this definition there are different types of affordable
housing needs which we must meet. These include the range from those households with
sufficient funds/income to enter the intermediate market to those whose needs can only be
met in the social rented sector. The Housing Assessment 2006 found that, of those
households whose needs could not be met in the open market, only 17% could afford
intermediate housing. The SHMA Assessment 2007 found that 22% of households
(whose needs cannot be met by the market) could afford intermediate housing at a level of
ownership of not more than 50%. As a general rule, therefore, the Council will require a
minimum of 80% social rented housing and a maximum of 20% intermediate housing
unless the developer can demonstrate that such a mix is inappropriate on the particular
site.
6.3 A mix of dwelling types and sizes (both market and affordable) will be required on all sites
in order to create sustainable communities. In determining the types of homes, developers
should have regard to the nature of the site and the needs of the District.
6.4 Evidence from the Housing Assessment 2006 indicates that, in terms of affordable
housing, the greatest need is for 2- and 3-bed houses and 2-bed flats. The SHMA
Assessment 2007 supported this evidence but also found that the shortage of 2- and 3-
bed houses was compounded by the fact that re-lets of these properties are particularly
infrequent. Further, they provide a more sustainable type of dwelling than flats as there is
less need to move to more suitable accommodation as the family grows. The Council’s
priority, therefore, will be for 2- and 3-bed houses with a limited number of 2-bed flats and
4-bed houses. One-bed flats will not normally be accepted as part of the affordable
housing requirement unless they form a very small percentage of the total number. The
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Guidance for Developers document provides floorspace figures for the different types of
dwellings.
6.5 Where there is evidence of need, specialist or supported housing or sites for gypsies and
travellers may be accepted in lieu of general needs affordable housing.
Housing Costs
6.6 Affordable housing for rent must be let at rent levels which comply with the Housing
Corporation’s target rent regime and be affordable for those relying on housing benefit.
Indicative target rents are set out in the Guidance for Developers document.
6.7 The test of affordability for intermediate housing is based on the relationship between the
occupation cost of the property and average income levels. This relationship is tested
using a “multiplier” which, in this District, is a maximum of 3.5. Another test of affordability
for intermediate housing is that the occupation costs should not exceed 33% of average
income of newly forming households.
6.8 In summary, the following principles should be taken into account in setting housing costs:
6.9 The Council’s Guidance for Developers document provides further information on housing
costs. Developers should also contact the Council’s Housing Development Officer for up-
to-date data on income and rent levels.
6.10 Another element of affordability is the running cost of a property. The Council will expect
all affordable homes to meet the Housing Corporation’s Design and Quality Standards and
to achieve a rating of at least Level 3 in the Government’s Code for Sustainable Homes
(see Section 7). This will ensure affordable heating and lighting as well as good quality
and sustainability in terms of building design and construction. Service charges, where
applicable, will be taken into account in assessing the affordability of a home.
Affordability in Perpetuity
6.11 The Council will need to ensure that the affordable homes remain affordable for as long as
they are needed. The best way of ensuring this is by transferring the homes to a
Registered Social Landlord (RSL). In cases where a RSL is not involved in the delivery of
the affordable housing, the Council will require the provider to agree to the retention of the
homes in perpetuity in a planning (Section 106) agreement. Exceptions are made for
mortgagees in possession of the affordable homes, people who have “staircased” to 100%
ownership and people who have exercised their “right to acquire” an affordable home. It
should be noted, however, that shared ownership leases will not normally allow tenants to
“staircase” to full ownership.
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7.1 The Council is committed to ensuring that all new housing is built to a high standard of
design so that communities, both now and in the future, will be stable and healthy whilst
living in clean, safe and sustainable environments. This objective is shared by the
Council’s partner RSLs who will normally be involved in the provision of the affordable
homes.
7.2 In designing a housing development scheme, it is important that the scheme is designed
as a whole, with both the market and the affordable homes together, rather than as two
separate schemes. This is so that the principles of a safe and sustainable development,
in terms of layout and orientation, can be applied to both elements of the scheme. If the
two elements of the scheme are designed independently, there may be insufficient regard
to the effects of the design and layout of one part of the scheme upon the other.
7.3 The Council considers that in order to ensure the creation of mixed and integrated
communities, the affordable housing should not be visually distinguishable from the
market housing in terms of build quality, materials, details, levels of amenity space and
privacy.
7.4 The affordable homes should not generally be restricted to one part of the site, particularly
in larger schemes where they should be distributed evenly across the site. Small clusters
across the site are preferred. Planning applications should include plans which identify
the location of the affordable homes.
7.5 The following Table gives a guide to the standards that the Council will expect all
affordable housing schemes to meet. These include the standards set out in the Housing
Corporation’s “Design and Quality Standards”. Specialist housing schemes (e.g.
wheelchair housing) will have additional standards. Individual RSLs may also have their
own checklists of standards which may differ from the standards below. This information
will be up-dated as necessary in the Council’s Guidance for Developers.
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Standard Requirement
1. Internal Standards
Minimum Scores for different elements as follows:
Housing Quality Indicators (HQIs)
Size: 41
Communities & Local Government
Layout: 32
Noise, Services, Light: 22
Storage: Meets HQI requirements
for the occupancy
2. Sustainability
3. External Environment
7.6 With the exception of the Lifetime Homes and Secured by Design standards, the above
standards represent the minimum requirements for schemes which receive Housing
Corporation funding.
7.7 Developers are also referred to “Checklist West Midlands” (Advantage West Midlands &
West Midlands Regional Assembly) which is a sustainability checklist for new
development.
7.8 The government’s draft timetable for improved energy/carbon performance in new homes
includes a 25% improvement by 2010, 44% by 2013 and zero carbon homes by 2016. 1 If
this timetable is agreed following consultation, other standards are likely to include more
challenging targets in parallel.
7.9 Developers are advised to refer to the Housing Corporation document “Design and Quality
Standards” (April 2007). Further information on the standards and the relevant web site
address for each is given in Appendix III.
1
Building a Greener Future: Towards Zero Carbon Development. CLG Consultation. December 2006
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8.1 Affordable housing on private development sites is normally funded by the developer and
the RSL or other affordable housing provider. In exceptional circumstances Social
Housing Grant is available from the Housing Corporation. This is where the affordable
housing scheme brings “added value” such as, for example, where it supports another
regeneration initiative or where it includes exemplary standards of design and
construction. Homes funded in this way must meet the high standards set down by the
Housing Corporation.
8.2 There is no set formula for determining the developer’s share of the funding. In general
the developer will be required to subsidise the housing to the extent that the affordable
housing provider can provide homes which meet the Council’s definition of “affordable”.
The Council accepts that the nature of the housing (i.e. houses/flats or
rented/intermediate) will impact on the subsidy required to deliver the homes. In addition,
the high land and property prices in the District mean that the level of subsidy can be quite
high in order to make the homes affordable. Therefore it is vital that the affordable
housing obligation is taken into account in determining the purchase price of the land at
the outset. It is the increase in the value of the land, as a result of the permission for
housing, which is expected to provide the subsidy for the affordable homes.
Policy SC11
8.3 Delivering affordable homes on private development sites involves a number of different
bodies including the Council, the developer, the affordable housing provider and
occasionally the Housing Corporation.
8.4 The Council considers that RSLs are the most effective suppliers of affordable housing,
particularly those which have a good track record of operating in the area and a local
management presence. The Council works with such RSLs through a formal Joint
Commissioning Partnership (JCP). The strategic objectives agreed by the JCP are:
• to secure affordable housing which meets the Council’s planning policy
requirements in respect of the schemes identified within the Council’s current
development programme,
• to put the necessary funding and delivery arrangements in place; and
• to meet or exceed the Council’s corporate housing need target, by providing an
average of 100 new affordable homes a year (2003-2007).
8.5 There are currently 5 preferred partner RSL’s and these are listed in Appendix IV. The
Council does, however, consider applications from any affordable housing provider which
can demonstrate an ability to contribute to the delivery of the Council’s Housing Strategy.
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8.6 The operation of the JCP ensures that all the partners work together to maximise their
effective contribution to meeting housing needs within Warwick District and, in particular, to
secure the delivery of more new homes, providing a variety of tenure choices at an
affordable cost.
8.7 Applicants are advised to work in partnership with one or more of the partner RSLs. This
may involve inviting bids from each of the RSL’s for the purchase of the affordable housing
units.
8.8 Developers are strongly advised to speak to the Council’s Planning and Housing Officers
(see Appendix V for contacts) prior to the submission of a planning application. They will
be able to advise the applicant of the requirements under Policy SC11, the amount and
types of affordable housing to be provided and the best way of locating them on the site.
The Council will also be able to advise the applicant of an RSL who would be able to
advise them on whether grant funding is likely to be available and work with them to
deliver the affordable homes and subsequently purchase and manage them. The
developer is advised to open negotiations with a RSL, or other affordable housing
provider, at an early date so that a scheme can be worked up which is acceptable to all
parties and the funding can be determined.
8.9 On submission of a planning application, the applicant should be able to supply the
following details of the scheme:
• The overall mix of housing
• The number of affordable homes to be provided
• The location on the site
• The numbers of social rented and intermediate homes (full and reserved matters
applications only)
• The sizes and types of each home (full and reserved matters applications only)
• Alternative arrangements to on-site provision (in exceptional cases only)
See Appendix IV
8.10 The developer should consider whether they wish to hand over serviced plots to the
affordable housing provider or build homes on behalf of, and to the agreed specifications
of, an affordable housing provider and then sell to them at an agreed price. Where social
rented housing is provided, the cost to the provider should be not more than the amount
which the provider can finance from proposed rents. Where intermediate housing is
provided, it should be offered to the provider at a price which will enable them to offer the
house at an affordable cost/rent to a household in need. The Guidance for Developers
sets out further details of expected receipts.
8.11 The Council will need to ensure that the affordable homes are actually built alongside the
market homes.
Policy SC11
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8.12 The best way of achieving this is to include a clause in a planning (Section 106) agreement
to the effect that, where completed units are sold to an affordable housing provider,
• no more than 50% of the open market dwellings shall be occupied until 50% of the
affordable houses are ready for occupation; and
• no more than 95% of the open market dwellings are occupied until all of the
affordable houses are ready for occupation.
Where serviced land is transferred to a provider, or a financial contribution is paid instead,
the Section 106 agreement will state that no more than 50% of the open market dwellings
shall be occupied until the affordable housing land is transferred to the provider or the
financial contribution is paid to the Council.
Legal Agreements
8.13 Section 106 of the Town and Country Planning Act 1990 allows for the use of legal
agreements to ensure the delivery of those aspects of a scheme which are necessary for
the development to be acceptable, but cannot be secured through a condition on a
planning permission. The agreement will normally cover the following aspects of the
scheme (in relation to affordable housing):
8.14 The Council has produced model Section 106 Agreements for residential developments
and these are appended to the Guidance for Developers document or available on the
Council’s web site 2 .
2
www.warwickdc.gov.uk
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9.2 Local Plan Policy RAP4 allows “the development of affordable housing in the rural area to
meet the local needs of a village or parish in exceptional circumstances”. These
exceptional circumstances relate to:
• the evidence of need,
• the scale and location of the development, and
• the ability of the homes to meet the particular need in perpetuity.
Evidence of Need
9.3 The requirements of Policy RAP 4 in relation to evidence of need are as follows:
Policy RAP4
a) there is full, detailed and up to date evidence, in the form of a parish or village
survey of housing need, which demonstrates that the proposal will meet a
particular local housing need which cannot be met in any other way;
9.4 Needs Surveys may be carried out as part of a Parish Plan or as a one-off housing needs
assessment/appraisal or survey. The involvement of the Parish Council is desirable but
not essential. Some needs surveys are carried out by Warwickshire Rural Housing
Association which is the main provider of rural affordable housing in Warwick District. A
Housing Needs Survey is only ever a “snapshot” of housing need in an area and in
determining whether the information in a Needs Survey is still valid the Council will
consider:
• the age of the survey;
• the size of the settlement; and
• the extent to which there has been any change in the supply of affordable housing
since it was carried out
9.5 Surveys should normally cover the parish in which the housing is to be provided. Surveys
must aim to gather information on the realistic, rather than aspirational, housing needs of
residents. They must aim to gather information on existing housing circumstances; future
housing requirements; disposable income and savings; and links with the village/parish.
The results should also be able to show that any genuine housing need cannot be met in
any other way. Although surveys could be carried out of the needs of clusters of
settlements/parishes, ultimately the information should be analysed on an individual
settlement/parish basis because the affordable housing must meet the needs of the
settlement in which it is located .
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9.6 Further advice and information on carrying out, and interpreting the results of, a housing
needs survey can be obtained from Warwickshire Rural Housing Association and/ or the
Rural Housing Enabler for Warwickshire. See Appendix IV for contact details.
9.7 Proposals for rural exception sites must meet the strict development criteria of Policy
RAP4:
Policy RAP4
9.8 Government guidance in PPS3 states that rural exception schemes should be located on
“small sites”. In Warwick District sites tend to accommodate less than 8 dwellings mainly
because villages are small in size. The acceptability of sites, in terms of size, will
therefore depend upon:
• the level of the identified need;
• the nature and size of the existing settlement; and
• the nature and size of the site and the way in which it relates to the existing
settlement
9.9 All the dwellings must meet an identified need in a recent survey. However,
notwithstanding the level of need, only small scale developments will be allowed and
these should blend well into the existing settlement.
9.10 A settlement is defined as a village having at least one of the following basic services:
9.11 The design and layout of the scheme should be essentially rural in character and should
integrate well with the styles and materials which predominate in the surrounding area.
Although the development may be an exception in terms of settlement policy, the scheme
should comply with all other planning policies, in particular, Local Plan Policies DP1-DP15
as well as the Housing Corporation standards set out in paragraph 7.5 above.
9.12 The scheme must be located within, or adjoining, an existing settlement. In the Limited
Growth Villages, Policy RAP1 allows affordable housing within the defined Limited Growth
Village boundary on brownfield land. Thus, other sites within or adjacent to a Limited
Growth Village must satisfy Policy RAP4 and be located within the village boundary or
abut it.
9.13 In other settlements with at least one of the basic services, all proposals for affordable
housing must meet the requirements of Policy RAP4. Sites should be located within or
adjoining the settlement and should abut one of the buildings which form part of the main
settlement. The Local Plan does not define settlement boundaries for these other villages.
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9.14 Rural exception housing will not normally be allowed in, or adjoining, settlements without
one of the basic services listed in paragraph 9.10 above. Where proposals are put
forward in such settlements, very strong justification will be required as to why affordable
housing is appropriate in this location. Proposals in the open countryside will not be
acceptable.
9.15 The Local Plan policy sets out the basic principles which must be met in order to ensure
that the homes meet local needs, in perpetuity, which cannot be met in any other way.
Policy RAP4
• people who currently live in the parish and have done so continuously for at least
the last 2 years and are seeking more suitable accommodation;
• people who have lived in the parish for at least 2 years out of the last 10 years;
• people who used to live in the parish and who have immediate family (mother,
father, son, daughter, brother or sister) living in the parish;
• people who have relatives living in the parish to whom it is desirable to live near for
support e.g. elderly relatives, young families; and
• people who have been permanently employed in the parish for at least 12 months.
9.17 The housing to be provided must meet the needs identified in the survey in terms of type,
size and tenure. They should ideally be provided, and subsequently managed, by a
Registered Social Landlord who is also a member of the Council’s Joint Commissioning
Partnership (see paragraphs 8.3 – 8.7). However, other providers such as Community
Land Trusts 3 , would also be acceptable providers.
9.18 The tenure of housing will normally be social rented. This is because other forms of
subsidised housing, such as shared ownership housing, is often still too expensive for
those in housing need. However, where there is evidence of such need, a small
proportion of intermediate housing will be considered where the cost is affordable.
Affordability of such homes is assessed by comparing the weekly cost of the property with
the amount considered to be affordable to those earning the average income of newly
forming households. Evidence of affordability will be required.
3
Locally-based, not for profit organisations which own assets such as land & buildings through a trust which
is democratically controlled by a community.
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9.19 Another element of affordability is the running cost of a property. This is particularly
important in the rural area where gas supplies may not be available. The Council will
expect all affordable homes to meet the Housing Corporation’s Design and Quality
Standards and to achieve a rating of at least Level 3 in the Government’s Code for
Sustainable Homes (see Section 7). This will ensure affordable heating and lighting as
well as good quality and sustainability in terms of building design and construction. The
Council’s Guidance for Developers document gives further advice on affordability and
standards of development.
9.20 Affordable homes provided by way of a rural exception scheme will need to be secured to
ensure that they are always only available to local people with a housing need. The
preferred and most appropriate means of doing this is by involving a Registered Social
Landlord in the provision and subsequent ownership and management of the homes.
9.21 The homes should be made available both initially and subsequently to people who have a
local connection and a proven housing need. Initial occupants should ideally be those
identified in the housing needs assessment. If the property later becomes available, it will
be offered firstly to people with a housing need and a local connection (as identified in
9.16 above) from within the village or parish in which it is situated . In the unlikely event
that no one comes forward, the home will be offered to those from neighbouring parishes
with a similar local connection to that parish and a proven housing need.
9.22 Social rented homes provided in a rural exception scheme will always remain in the
ownership of the provider, usually a Registered Social Landlord. There will be no
opportunity for tenants to buy the home under the “right to acquire” scheme. In the case
of shared ownership or shared equity properties, part owners will not be able to buy the
homes outright. This will ensure that the homes remain affordable to local people and are
never sold on the open market.
9.23 A large proportion of the rural area of Warwick District is designated as Green Belt. The
Government accepts rural exception schemes in the Green Belt but greater controls are
needed to ensure that the fundamental objectives of the Green Belt are not harmed – in
particular, the retention of the open nature and rural character of the countryside.
9.24 Applicants should hold discussions with the Council’s Housing and Planning Officers at
the earliest opportunity in order to establish whether the site, the subject of a planning
application, is suitable for affordable housing. The applicant should involve the local
community in drawing up the scheme.
9.25 Only detailed (full) applications for planning permission in respect of exception scheme
housing will be accepted. This is because the proposals must demonstrate that the
housing to be provided will meet specific local needs in terms of size, type and tenure.
Policy RAP4
...Outline planning applications will not be accepted for such proposals. Detailed
permission will be valid for 2 years from the date of the decision and will expire if
development has not commenced within this period.
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9.26 Applications should be accompanied by the findings of the housing needs survey with an
indication of which specific needs will be met. It is because the housing is aimed at
meeting specific needs that the permission will only be valid for 2 years – beyond this
period, the specific needs of the village/parish may have changed. However, since many
rural exception schemes depend upon Housing Corporation funding, a 3 year permission
will be considered if this is essential in order to allow sufficient time to apply for, and
receive, the funding.
9.27 The owners of the affordable homes will be expected to enter into a planning (Section
106) Agreement with the Council to ensure that:
• development is not commenced until contracts for the purchase of the land have
been exchanged with an agreed provider;
• the affordable dwellings are only occupied by persons who qualify as being in
housing need and who have a local connection
• the affordable dwellings are not sold outright to any occupier
Grant Funding
9.28 The increased cost of building small groups of homes in the rural area is generally
recognised. The Housing Corporation will consider grant funding to rural exception
schemes in Warwick District provided that they are genuinely affordable; available only to
those with a proven local housing need; and meet the required standards of development.
These standards are set out in paragraph 7.5 above.
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APPENDICES
V Contacts
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APPENDIX I
SPD
Policy SC11 Affordable Housing Paragraph
Reference
Residential development on the following sites will not be permitted unless 5.2 - 5.13
provision is made for a minimum of 40% affordable housing to meet local
needs :-
The form of provision, its location on the site and the means of delivery of the
affordable element of the proposal will be subject to negotiation at the time of
a planning application. Planning permission will not be granted until
satisfactory arrangements have been made to secure affordable housing as
determined by the following principles: -
I. provision will be made on site either as serviced land and/or dwellings; 5.14 – 5.17
II. the accommodation provided will be determined on the basis of local 6.2 – 6.5
need as identified by the Council in accordance with the Housing
Strategy and the Housing Needs Study and, where appropriate, by
other local needs surveys and information;
III. the accommodation provided is genuinely available to those 6.6 – 6.10
households who have been identified as being in need;
IV. forms of tenure other than social rented housing will be considered 6.6 – 6.10
provided that:-
a) they achieve weekly outgoings significantly below the maximum
affordable to households in housing need, and
b) such housing is available in perpetuity, where practicable, and only to
those with a demonstrable housing need;
V. the affordable housing will be normally provided through the 8.3 – 8.7
involvement of a Registered Social Landlord (RSL) who is also a Joint
Commissioning Partner; and
VI. the affordable housing should be built within an agreed timescale. 8.12
Contributions in lieu of on site delivery, such as money, land or off site 5.4 – 5.17
provision, may be accepted in exceptional circumstances.
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SPD
Policy RAP4 Providing Rural Affordable Housing Paragraph
Reference
The development of affordable housing in the rural area to meet the local
needs of a village or parish may be permitted in exceptional circumstances
where:-
a) there is full, detailed and up to date evidence, in the form of a parish or 9.4 – 9.6
village survey of housing need, which demonstrates that the proposal
will meet a particular local housing need which cannot be met in any
other way;
b) the proposed development is small in scale, of appropriate design and 9.8 – 9.14
is located within or adjoining an existing settlement; and
c) the following principles are established: -
Outline planning applications will not be accepted for such proposals. Detailed 9.26
permission will be valid for two years from the date of the decision and will
expire if development has not commenced within this period.
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APPENDIX II
In cases where the applicant wishes to demonstrate to the Council that a development
cannot be made viable if the full requirement for affordable housing is provided, the
following is a guide to the type of information which may be required
Revenue
Costs
Construction Costs:
• Contingency
• Highway works
• Planning contributions
• Other costs (including abnormal costs)
Finance
Developer profit
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APPENDIX III
CHECKLIST OF STANDARDS
http://www.housingcorp.gov.uk/upload/pdf/Design_quality_standards.pdf
http://www.communities.gov.uk/index.asp?id=1152812
http://www.communities.gov.uk/publications/planningandbuilding/codeguide
Secured by Design
http://www.securedbydesign.com/pdfs/SBD-principles.pdf
http://www.securedbydesign.com/pdfs/Residential_Application_2007.pdf
Lifetime Homes
http://www.jrf.org.uk/housingandcare/lifetimehomes/
http://www.jrf.org.uk/housingandcare/lifetimehomes/table2.asp
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http:/www.buildingforlife.org
http://www.checklistwestmidlands.co.uk/
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APPENDIX IV
Application/Development Details
Site Address
Applicant/Agent
Description of Development
Dwelling Mix
Social Rented
Shared
Ownership
The location of different house types by tenure should be shown on the site plans
accompanying the application
The above dwelling mix/ alternative arrangements should be agreed between the Council’s
Housing Development Officer and the applicant/agent
For further information on the Council’s policy on affordable housing and the mix of housing
please refer to the Council’s “Guidance for Developers” document.
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APPENDIX V
CONTACTS
Other Contacts
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GLOSSARY
Affordable Housing Affordable housing includes social rented and intermediate housing,
provided to specified eligible households whose needs are not met
by the market. Affordable housing should:
• meet the needs of eligible households including availability
at a cost low enough for them to afford, determined with
regard to local incomes and local house prices.
• include provision for the home to remain at an affordable
price for future eligible households or, if these restrictions
are lifted, for the subsidy to be recycled for alternative
affordable housing provision
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Parish Plans Plans prepared by local communities to identify key facilities and
services, to set out the problems that need to be tackled and to
demonstrate how distinctive character and features could be
preserved. They may include an Action Plan setting out their needs
and aspirations and how they can be realised.
Planning Agreements/ Agreements between a developer and local authorities at the time of
Planning Obligations determination of a planning application in which the applicant agrees
to provide community or infrastructure benefits. They are often
referred to as “Section 106 agreements” and may include an
agreement to provide an element of affordable housing.
Planning Conditions These conditions are imposed on planning permissions where there
is a clear land use planning reason for doing so. The local planning
authority must give clear, full and precise reasons for any conditions
imposed. A test of a legitimate condition is if the proposal would
have been refused without it.
Planning Policy National planning policies that regional planning bodies and local
Statement (PPS) planning authorities need to take into account when drawing up
development plans and other documents and when making decisions
on planning applications
Regional Spatial A regional planning document which sets the framework for local
Strategy (RSS) development documents in a region. It is part of the development
plan for authorities in that region.
Registered Social A term introduced in the Housing Act 1996 to describe local housing
Landlord (RSL) companies and housing associations which are registered and
monitored by the Housing Corporation
Right to Acquire Introduced in the Housing Act 1996 and gives eligible housing
association tenants a statutory right to purchase at a discount the
property in which they live. The Right to Acquire only applies to
properties built or acquired by housing associations, both charitable
and non-charitable, with public funds from 1st April 1997 onwards.
Some properties are exempt including those in small rural
settlements and sheltered housing.
Shared Ownership Homes which are sold under a shared ownership lease whereby the
Housing/Shared Equity purchaser buys a share of the property (typically about 40-50%) and
Housing pays a fixed rent on the remaining unsold equity.
Social Housing Grant Grants from the Housing Corporation to social housing providers
(SHG) towards the provision of affordable housing. Not all affordable
housing receives SHG.
Social rented housing Rented housing owned and managed by local authorities and
registered social landlords for which guideline target rents are
determined through the rent regime. It may also include rented
housing owned or managed by other persons and provided under
equivalent rented arrangements to the above as agreed by the local
authority or Housing Corporation as a condition of grant.
Supplementary Planning These planning documents provide supplementary information on
Document specific policies in Development Plan Documents. They are not
subject to independent examination and do not form part of the
development plan itself.
Supported Housing Supported Housing is shared or self contained accommodation
provided with support to enable people to live independently within
the community and assist them to secure and maintain their
tenancies.
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Sustainable A generic term given to development which meets local needs whilst
development minimising harmful social, economic and environmental impacts. The
widely used definition quoted by the World Commission on
Environment and Development in 1987 states “Development which
meets the needs of the present without compromising the ability of
future generations to meet their own needs”
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