Comment

Representation ID: 23335

Received: 11/10/2021

Respondent: Bloor Homes

Proposed Policy ENV9 states that Local Housing Design Supplementary Planning Documents (‘SPDs’) and the Building for a Healthy Life criteria will be used to demonstrate a commitment to achieve the highest possible design standards, good place-making and sustainable development.

BHL is committed to providing high quality and well-designed housing developments which is demonstrated by our 5-star rating; our award-winning developments; and our consistently high customer satisfaction rating and therefore supports BCA’s ambition to achieve the highest possible standards in terms of design and sustainable development. However, it is BHL’s interpretation that Building for a Healthy Life was never intended to become a mandatory policy requirement in Local Plans and was rather, best practice guidance to assist local authorities, communities and developers to assess new housing schemes. BHL considers that the use of Building for a Healthy Life should remain
voluntary rather than becoming a policy requirement.

In relation to SPD’s being used to demonstrate high design standards, BHL considers that it is clear in the legislation (The Town and Country Planning (Local Planning) (England) Regulations 2012) that Development Management Polices, which are intended to guide the determination for planning permission should be set out in policy and in accordance with paragraph 16d of the NPPF 2021, should be clearly written and unambiguous. BHL requests that requirements on design quality should be set out in sufficient detail in the BCP without relying on other criteria or guidelines set out in an SPD, which has not been subject to examination. Indeed, national policy clearly states that an SPD cannot introduce new planning policies nor add unnecessarily to the financial
burdens of a development. BHL are aware of recent High Court judgements that have ascertained that
policies which have a cost implication on development proposals cannot be deferred to a Supplementary Planning Document or similar document.

Policy ENV9 also requires all new residential development to meet the Nationally Described Space
Standards (NDSS) to all tenures, except where it can be clearly evidenced that the implementation of NDSS would cause harm to the significance of a heritage asset.

As aforementioned, BHL are committed to provide well-designed and high quality developments. BHL considers that by BCA pursuing a blanket and inflexible approach to NDSS, this could impact affordability and customer choice. BHL believe that there can still be well-designed dwellings that provide a good functional home that are below NDSS. When reviewing the NPPF 2021 and the NPPG, it is clear that polices should only make use of the NDSS where the need for internal space is
justified (footnote 49) and local authorities should take account of the areas need, viability and timing.

Additionally, to be in accordance with paragraph 31 of the NPPF 2021, all policies should be underpinned by relevant and updated evidence. BHL has not seen any evidence produced by the BCA that provides a local assessment justifying this blanket policy approach to NDSS and so cannot support the inclusion of this policy. BHL consider that the BCA should focus on good design and usable space to ensure dwellings are fit for purpose rather than focussing on NDSS specifically. BHL is of the understanding that if it was the Government’s intention to make NDSS mandatory, NDSS would have been incorporated into Building Regulations, which is currently not the case.