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H2 New housing on unidentified sites

Proposals for new, and the renewal of existing, permissions for new housing on unidentified sites, will be determined by the following considerations, in the interests of promoting sustainable development:-

(1) the need to prevent significant over or under completion in relation to the Structure Plan provision of 6200 new dwellings in Torbay over the Plan period;

(2) the contribution made to the provision of a full range of house types and needs, including the need for affordable housing;

(3) the sequential approach to maximising re-used urban land as outlined in Policy HS;

(4) maximisation of densities, especially at places with good public transport accessibility and which enjoy good pedestrian access to shops, schools and other community facilities;

(5) ensuring good access to adequate physical and social infrastructure, including community provision, which has sufficient capacity to accommodate the proposed development satisfactorily;

(6) the need to avoid physical and environmental constraints, including poor ground conditions, and areas at risk from instability, flooding and coastal erosion; and

(7) promotion of good design and a high quality ‘green’ residential environment, incorporating open space and providing for community safety, crime prevention and energy efficient dwellings.

Explanation:

3.83 Policy H2 applies to applications for new housing on sites of less than 0.4 ha (1 acre) which are too small to be identified as allocations under Policy H1, and to larger brownfield sites which unexpectedly become available during the Plan period. Such sites are termed windfall sites (PPG3 ‘Housing’ (2000) paragraphs 35-36). They will predominantly comprise previously developed land and include infills, redevelopments and conversions. Between 1981 and 1999, completions from windfall sites provided about half of Torbay’s new dwellings, averaging 128 per year. At April 1999, unimplemented consents existed for 582 dwellings on small sites (excluding conversions) with an estimated completion rate of 56 pa to 2011. (The completions and unimplemented consents statistics are set out in more detail in the Urban Housing Potential Study, Figures 1 and 2).

3.84 The Urban Housing Potential Study indicated that a total of 1975 brownfield dwelling consents are likely to come on stream over the period 1998-2011, which would yield approximately 1677 likely completions. This would allow approximately two thirds of Torbay’s housing target to be met from brownfield and urban land. It was estimated that potential for about 1160 dwellings existed in Torquay; with 530 in Paignton and 280 in Brixham. This would make a major contribution to reducing the need to encroach on green fields in Torbay. It can also compensate for any unforeseen slippage in the development of H1 sites and adds to the ongoing identification of the housing land bank.

3.85 Within the overall windfall category, there are some sites with potential for an element of affordable, including social, housing. This is particularly the case for sites of over 15 units and may include sites with unimplemented or lapsed planning consents, as well as new approvals (see Policy H6).

3.86 The ethos of Government guidance and Council Policy is to encourage development on previously developed land within the built up areas. PPG3 makes it clear that no allowance should be made for greenfield windfalls as part of their assessments of urban capacity (paragraphs 35-36). Although Policy H2 generally precludes new housing on unallocated greenfield sites, it does not absolutely exclude them, where sites score well on other sustainability criteria. Unallocated greenfield housing sites of more than 0.4 ha / 1 acre will not be approved, as set out in Policy H1.

3.87 Approval of applications, including those on brownfield sites, will be subject to the sites being suitable for development. In particular, town cramming, loss of neighbouring amenities and adverse impact on wildlife, landscape or townscape will be resisted. It is important that these ‘green’ aspects of the residential environment are protected and, where possible, enhanced. Development will be expected to protect or enhance the environment. More detailed policies are set out in the Environmental Protection Chapter. There is a particular need to resist the loss of public open space, as this would conflict with other Plan policies. Particular attention is drawn to Policy R5 Protection of public open spaces and playing fields and Policy R8 Allotments. Care must be also taken to ensure that new development harmonises with conservation areas or listed buildings.

3.88 The management of housing provision so as to ensure an appropriate stream of new dwellings will be considered in dealing with applications on windfall sites. On the one hand there is a need to have regard to the availability of social and physical infrastructure. Conversely, there is a need to ensure that housing needs are met. Where a problem of ‘stock piling’ of unimplemented consents occurs either at a bay-wide or local level, it may be appropriate to seek speedy implementation through, conditions or legal agreements. Where appropriate, the Council may use Completion Notices to secure partially completed developments.

H3 Residential accommodation in town centres

The provision of additional residential accommodation within the town centres and the district and local shopping centres, and in particular the re-use and conversion to residential accommodation of vacant upper floors in shopping, commercial and office areas, will be permitted subject to relevant Local Plan policies.

Explanation:

3.89 The provision of residential accommodation within the town, district and local centres helps to maintain the character and vitality of these areas. Small units of accommodation also contribute towards meeting local housing needs, and also reduce the pressure on greenfield sites, both of which contribute to sustainability.

3.90 The change of use of premises above shops (Class A1) and financial offices (Class A2) into single flats may be permitted development under Part 3, Class F2 of the Town and Country Planning General Permitted Development Order 1995. Advice about permitted development can be obtained from the Council’s Development & Conservation Services Division.

3.91 The Council has successfully gained Government financial support for its Living Over the Shop (LOTS) Scheme and several suitable properties have been identified in the main shopping centres of Brixham, Paignton, Torquay and St. Marychurch, for the development of social housing in partnership with local housing associations.

3.92 The Urban Housing Potential Study sets out the advantages arising from town centre housing schemes in more detail.

H4 Conversion and sub-division into flats

Permission will be granted for the conversion and sub-division of houses and other buildings into flats where:-

(1) the scale and nature of the use does not adversely affect residential amenity or the environment and character of the area;

(2) the flats are self-contained;

(3) there is a satisfactory aspect;

(4) there is adequate provision for amenity space, having regard to the surrounding area;

(5) the premises provide a satisfactory residential environment; and

(6) satisfactory car parking provision is made, having regard to the location of the site and the Council’s car parking standards.

Explanation:

3.93 It is accepted that many larger buildings can no longer function as single residences and the conversion into smaller units can help meet the needs of single people and smaller households. However, the conversion, and often extension, of smaller family houses to create a greater number of units, may be less acceptable, due principally to the additional demand for car parking, the loss of garden area and the general intensification of activity within an area.

3.94 The 1991 Census accepts occupancy in excess of 1.5 persons per habitable room as serious over-crowding; such densities give rise to problems and it is therefore inappropriate to sanction such a level of over-crowding.

3.95 Clearly, planning applications for conversions of houses into smaller units will need to demonstrate that they provide a satisfactory standard of accommodation, including an acceptable visual outlook for occupants. The Council’s car parking standards set out in Policy T25 will usually be applied. However, these may be relaxed in appropriate cases such as in town centre locations close to facilities and public transport.

H5 Affordable housing on identified sites

The provision of around 1350 new units of affordable housing - equal to 135 units per year - over the remainder of the Plan period (2001 - 2011) are proposed to meet the identified need.

These units are to be delivered through a subsidy at below the open market rate. Where appropriate they will be secured by a Section 106 Agreement and involve a Registered Social Landlord. An element of supported housing will be sought. The following locations have been identified as sites to meet part of this need. Negotiations about the amount of affordable housing will be governed by the indicative targets set out in Table 2 below:

Table 2: Housing Policy H5 - Target subsidised affordable housing provision on identified sites

Note: all the targets indicated should be viewed as the minimum affordable housing provision from the above sites. These proposals seek to achieve around 30% of new housing as affordable housing. The balance will be sought from windfall sites - see Policy H6.

- Target from locations 1 - 14 : 422 dwellings (i.e. 31% of total)

- Balance from windfalls: 928 dwellings (i.e. 69% of total)

- Total: 1350 dwellings (average of 135 per annum 2001 - 2011)

Explanation:

3.96 In the Government’s view affordable housing can be divided into two main groups:-

a) Subsidised housing is necessary for people whose income/means of financial support generally deny them the opportunity to purchase on the open market. It includes social rented housing, which is usually managed by a registered housing association or similar organisation. Subsidised housing also includes shared ownership/joint equity schemes. The Council secures nomination rights, which usually vary from 70% to 100%.

Such housing is delivered at a subsidy below prevailing open market prices, usually involving a Registered Social Landlord (RSL) and secured through a Section 106 Agreement.

b) Low cost market housing, which is provided at prices affordable to people at the lower end of the market range. Starter homes fall into this category. This category of housing is sometimes called lower quartile housing (because it is priced in the bottom quarter of the market range), or ‘entry level’ housing (because it allows first time buyers and similar people to enter the housing market).

3.97 All these schemes can involve an element of cross subsidy by house builders from other developments and it is therefore necessary to have regard to the need to permit an adequate range and level of housing development. There is also a need for other types of housing to meet specialised needs such as single persons’ accommodation, sheltered housing and specially designed dwellings for people with limiting long term illness or disability.

3.98 PPG3 ‘Housing’ (2000) (paragraphs 14-17), together with Circular 6/98 ‘Planning and Affordable Housing’ (1998), note that the need for affordable housing is a material consideration and should be taken into account in Local Plan policies (paragraphs 13-14). PPG3 indicates that failure to provide affordable housing on a site could justify the refusal of planning permission (paragraph 17). The Government’s consultation paper ‘Influencing the size, type and affordability of housing’ (2003) also recognises the importance of affordable housing. The Government’s Housing Green Paper ‘Quality and Choice: A Decent home For All’ (2000) advocates a closer link between planning and housing policy. Partnerships with social landlords and other organisations are recommended. The Council’s replacement Housing Strategy ‘The Future of Housing in Torbay - A Partnership Strategy 2003-2006’ is published by the Social Services Directorate and deals with social housing and related housing management issues. It seeks to deliver improved access to good quality affordable homes and related services for the people of Torbay by way of a balanced, community based and inclusive partnership.

3.99 It is commonly accepted that there is a serious shortage of affordable housing throughout Britain and estimates of need in excess of 100,000 additional dwellings a year are suggested by research bodies and housing agencies. Various research and other indicators have revealed that the shortage of social housing is especially severe in Torbay and have demonstrated that the level is higher than both the national and South West average. The following factors are significant in contributing to this situation:-

• the 1997 Housing Needs Survey carried out by David Couttie Associates found that incomes in Torbay were significantly lower than the national average; it also found around 1040 ‘concealed households’ (5.8% of households) of people who could not afford to be in the housing market and living within another household whilst seeking accommodation elsewhere. 190 of these concealed households contained 2 or more people;

• the 1997 Housing Needs Survey estimated that about 550 of these concealed households required affordable housing, principally for rent, but also for some shared ownership; it estimated the need to provide 100 new dwellings annually to 2001 to meet this need, which required a minimum negotiation of 30% of the (then) remaining Structure Plan allocation;

• a high level of homelessness exists; in 1999/2000 there were 1035 homelessness enquiries made to the Council and 601 to Factory Row Direct Access Hostel;

• the high proportion of families on low incomes - Tobay’s average earnings are only 72% of the average for England and Wales (2002). Nearly a third of the workforce in Torbay earned less than £250 a week in 2002, compared with 17.1 for England and Wales;

• 18% of the population are in receipt of the Income Support - the highest of all the urban authorities in the South West, compared to the South West average of 11%;

• seven of Torbay’s (former) 12 wards were in the 20% of England’s most deprived UK wards in Enland in the 2000 DETR Indices of Multiple Deprivation. The English Indices of Deprivation 2004 ranks Torbay as the 97th (out of 354) most deprived local authority area in England. Twelve super output areas (SOAs) are within the most 20% deprived in England, and of these, 4 are ranked within the 10% most deprived in England;

• unemployment in Torbay is consistently 25-35% above the national rate. Torbay experienced a decline in full time service sector employment during the 1990s, whilst there have been over 5000 job losses from the former Nortel, since 2000;

• a large number of houses in multi-occupation: 4.5% of the total housing stock in 1991;

• relatively high house prices: Between 1999-2004 house prices in Torbay rose by an average of 26% a year, compared to an average national house price inflation rate of 19.2% per year;

• the low percentage of local authority and housing association stock, which at 7% is below the south west average of 16% and national average of 24%;

• the use of holiday accommodation for winter letting to occupants who are made homeless at the start of the summer season; and

• the stimulation of housing demand by relatively wealthy people moving to Torbay who have sufficient capital to buy a property outright or outbid most of the local population.

3.100 The 1997 Housing Needs Survey, subsequent assessment by the Council and national findings of the 2003 Joseph Rowntree Report strongly indicate that a large part of Torbay’s housing need comprises people who are unable to achieve a decent home without some form of subsidy. The 2003 Housing Needs Survey commissioned from Fordhams Research indicates a much higher level of housing need than these previous surveys.

3.101 In addition to the need for subsidised housing, the 1997 Housing Needs Survey identified a need for 300 units of low cost market housing to satisfy the aspirations of new forming households with incomes of £18,000 - £25,000 p.a. (as of 2001) and not requiring a subsidy to access the local market. In particular, key workers such as health and education professionals are likely to be in this position. The Council’s informal target for low cost market housing is a minimum of 35 units per annum, based on the 1997 Survey. At present the Torbay Housing Monitor indicates an adequate supply of small units coming through flat conversions and there is therefore no particular need to intervene to provide bottom quarter of the market unsubsidised housing (as opposed to the pressing need for subsidised housing). However this situation will be monitored throughout the Plan period.

3.102 The Council’s Housing Strategy (2003-2006) contains an analysis of waiting list figures and affordability (based on market prices). The Council has also carried out extensive discussions with housing organisations and other bodies. It is considered that the Council’s Housing Strategy, which links in closely with the Local Plan, should aim to increase affordable housing provision by 50% from its recent rate of around 90 dwellings p.a. to around 135 dwellings p.a., of which 100 dwellings p.a. should be developed for social housing, with the balance of 35 dwellings p.a. to be developed for low cost market housing. This equates to approximately 35% of the total Local Plan provision or around 1620 dwellings over the period 1999-2011. The proposal includes social housing targets for each site, which together account for 60% of the Council’s social housing requirement of 1200 dwellings over the period 1999 - 2011. The balance of 40% is expected to come from windfalls (see Policy H6).

3.103 The most up to date income levels and house prices or rents will be taken into account in deciding the types of affordable housing most appropriate to a particular site. On several sites it is envisaged that subsidised housing and low cost market housing will be included as part of mixed developments including other general needs housing. The Council will adopt a flexible approach in determining the appropriate mix of affordable housing through negotiations, planning conditions or Section 106 Agreements. The provision of affordable housing sought on individual sites is considered to be realistically achievable. It is important to see this figure as a minimum that should not be reduced if there is an increase in demand for general needs housing later in the Plan period. Developers will be expected to enter into Section 106 Agreements to ensure that the scheme targeted in this proposal are developed for the intended occupants.

3.104 It may be appropriate to ensure occupancy by local people or those employed within Torbay. The Council recognises that house price inflation since the late 1990s has had the effect of reducing the affordability of housing for many key workers such as junior healthcare and education professionals. Policy H5 is intended to meet this need. A cascade system, allowing occupancy on more relaxed criteria if accommodation remains un-let for a specified period, may be appropriate (as set out in Circular 6/98, paragraph 19).

3.105 Whilst Government policy favours mixed tenure developments, it is important that differences in tenure should not be apparent from the layout or design of dwellings.

3.106 A significant contribution towards meeting the Council’s affordable housing needs is expected to come from the two major expansion areas at Scotts Bridge/Barton and at Great Parks, both of which have approved planning briefs to guide their detailed development and which set out the social housing requirements for these two growing communities. The Phase 1 areas covered by these two planning briefs are shown on the Proposals Map. In addition, development at the former Dolphin Holiday Camp (H1.22) is expected to make a considerable contribution to the provision of affordable housing. This site is the subject of a planning brief, as set out in Policy H1.22 (A).

3.107 Joint ownership schemes with registered social landlords may also be included as subsidised housing. In such instances it is usually appropriate for the provision of ‘stair casing’ agreements to allow for full ownership over time.

3.108 The provision of subsidised affordable housing will be monitored through planning consents, s.106 Agreements and RSL returns to the Council’s Housing Division, and will form part of the Council’s Annual Housing Land Monitor.

3.109 Particular attention should be given to providing energy efficient design in affordable housing (see Policy EP1).

H6 Affordable housing on unidentified sites

The Council will seek to secure an element of affordable housing on all sites for residential development that meet the minimum threshold requirements permitted by Government.

The appropriate level and type of provision will be for negotiation between the Council and the developer. In the assessment of proposals, consideration will be given to:-

a) the accessibility of the site to local services and facilities and public transport;

b) the particular costs associated with development of the site;

c) whether the provision of affordable housing would prejudice the realisation of other planning objectives; and

d) the need to create a successful housing development.

The current minimum site size threshold permitted under Circular 6/98 is developments of 15 units or more, or 0.5 hectares or more in area. These thresholds may change during the Plan period.

Explanation:

3.110 Unidentified sites are sites that are not allocated in Policy H1 but occur as windfalls throughout the Plan period. As such they will mostly be on previously developed land and include redevelopments and conversions of existing buildings. As the Table forming part of H5 indicates, the Local Plan relies on windfall sites to achieve around 70% of its target affordable housing provision. This reflects the wider Local Plan strategy of relying increasingly on windfall sites in order to limit the amount of greenfield development. Moreover, windfall sites can present major opportunities for increasing the supply of affordable housing in sustainable locations.

3.111 Torbay has a shortage of large sites, coupled with a very low stock of social housing in Torbay and high house prices relative to income. These constitute exceptional local circumstances which justify seeking an element of affordable housing on sites that meet the minimum site size threshold allowed by Government. This is currently 0.5 ha or 15 or more dwellings (i.e. the lower threshold set out in paragraph 10 of Circular 6/98). It is important that opportunities to achieve a proportion of affordable housing on windfall sites are maximised because of the acute nature of local housing need and therefore the Council will review site size thresholds should Circular 6/98 be revised. Where windfall sites meet the criteria set out in the policy, it is considered appropriate to seek a target provision of around 30% of the development as affordable housing.

3.112 Within the context of Torbay, the Council considers that affordable housing is a range of housing delivered at a subsidy below the open market rate. The main need in Torbay is for social rented housing, however the definition also encompasses a range of intermediate housing, such as shared ownership and discounted market housing. However, starter homes and other unsubsidised forms of open market housing are unlikely to be considered to be affordable housing within the context of Torbay’s need. The relationship between house prices and rents, and local income levels will be monitored during the Plan period to assess the contribution that low cost market housing can make to meeting housing need.

3.113 Circular 6/98 indicates that in exceptional circumstances it may be desirable to seek developer contributions for off-site provision rather than requiring on-site provision. Such instances, which will be the exception rather than the rule in Torbay, can occur where the site is suitable for affordable housing but the proposed development would not be. An example of this could be a single block of flats not suited to separate tenures. Other instances where commuted payments may be appropriate relate to the nature of local housing need and the desirability of creating mixed and balanced communities. Commuted sums will be calculated on the equivalent cost of on-site provision (often based on Housing Corporation Total Cost Indicators) and be ring-fenced for the provision of affordable housing elsewhere in Torbay. Further details of developer contributions are contained in Policies CF6 and CF7. More detailed information on the implementation of the Local Plan policies on affordable housing is set out in Supplementary Planning Guidance.

3.114 The Council’s overall affordable housing target, broken down into social and low cost market housing, is set out in Figure 15.

Figure 15: Torbay affordable housing targets 1999-2011

Source: Torbay Local Plan and Housing Strategy.