Object

Representation ID: 43881

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

11.18 Policy ENV9 deals, amongst other things, with design quality and it states that development proposals should address the following:
· Implementation of the principles of the National Design Guide;
· Implementation of the principles of Manual for Streets to ensure urban streets and spaces are designed to provide a high quality public realm and safe and permeable movement network;
· Use of Building for a Healthy Life criteria;
· Consider the requirements of part Q of the Building Regulations 2010;
· Meet water efficiency standards as set out in Part II of the Building Regulations 2010;
· Meet the Nationally Described Space Standards; and
· Reflect National Design Guide Design Principle H1.
11.19 Much of the above relates to other legislation outside of planning. As a result it is not appropriate for a Development Plan Policy to reiterate requirements in other legislation.
11.20 Regarding the Nationally Described Space Standards (NDSS), these were published by the Department of Communities and Local Government on 27 March 2015. Their publication was accompanied by a Planning Update issued as a Written Ministerial Statement to Parliament by the Rt. Hon. Sir Eric Pickles MP on 25th March 2015.
11.21 In introducing the standards, the Written Ministerial Statement outlines:
“New homes need to be high quality, accessible and sustainable. To achieve this, the government has created a new approach for the setting of technical standards for new housing. This rationalises the many differing existing standards into a simpler, streamlined system which will reduce burdens and help bring forward much needed new homes.”
11.22 However, the Written Ministerial Statement is also clear that the standards are optional, and that compliance cannot be required outside of a relevant current Local Plan policy:
“From 1 October 2015: Existing Local Plan, neighbourhood plan, and supplementary planning document policies relating to water efficiency, access and internal space should be interpreted by reference to the nearest equivalent new national technical standard. Decision takers should only require compliance with the new national technical standards where there is a relevant current Local Plan policy.”
11.23 This is to ensure that the need for the application of the standards through planning policy is fully evidenced and that the impact on viability is considered alongside all of the other policies contained in the Plan:
“The optional new national technical standards should only be required through any new Local Plan policies if they address a clearly evidenced need, and where their impact on viability has been considered, in accordance with the National Planning Policy

Framework and Planning Guidance.”
11.24 The reference to the National Planning Policy Framework relates to paragraph 130 (f) which states planning policies should:
“create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users.”
11.25 Footnote 49 makes it clear that use of the Government’s optional technical standards should be used "...where this would address an identified need for such properties and the need for an internal space standard can be justified" [emphasis added].
11.26 Planning Practice Guidance states2:
“Where a need for internal space standards is identified, local planning authorities should provide justification for requiring internal space policies. Local planning authorities should take account of the following areas:
· need – evidence should be provided on the size and type of dwellings currently being built in the area, to ensure the impacts of adopting space standards can be properly assessed, for example, to consider any potential impact on meeting demand for starter homes.
· viability – the impact of adopting the space standard should be considered as part of a plan’s viability assessment with account taken of the impact of potentially larger dwellings on land supply. Local planning authorities will also need to consider impacts on affordability where a space standard is to be
2 Paragraph: 020 Reference ID: 56-020-20150327
Revision date: 27 03 2015
adopted.
· timing – there may need to be a reasonable transitional period following adoption of a new policy on space standards to enable developers to factor the cost of space standards into future land acquisitions.”
11.27 The Guidance is therefore clear that the application of the NDSS requires a Local Plan policy which has been fully evidenced, including identification of need and the consideration of any impact on viability.
11.28 The Black Country Housing Market Assessment provides limited commentary in respect of NDSS. The focus of this commentary, contained within the Accessible and Adaptable Housing section on page 97, relates to M4(2) and M4(3) standards and provides no justification for the requirement of NDSS on all new dwellings. It also highlights that any requirements should be assessed to determine whether they are viable and should not impose any further requirements beyond building regulations.
11.29 Therefore, it is clear evidence does not support the imposition of NDSS within the Black Country. To the contrary, the evidence highlights a number of potential risks if such a policy were to be introduced.
11.30 In view of the above much of the requirements set out in policy ENV9 are not justified and contrary to national policy and should be deleted.