§ Mr. John TownendTo ask the Secretary of State for the Environment what action he proposes to take where a local planning authority proposes to adopt policies on affordable housing in its development plan which are inconsistent with Government guidance. [1184]
§ Mr. Robert B. JonesI am grateful for the opportunity to clarify the position concerning the provision of affordable housing through the planning system. The Department's policy guidance on affordable housing is set out in PPG3 revised in March 1992 and circular 13/96, published on 8 August 1996.
PPG1—planning policy guidance 1 March 1992—sets out the position, in paragraph 29, with regard to the need for development plans to avoid conflicts with national or regional policy guidance which are not justified by local circumstances. Guidance on intervention by the Department in the preparation of development plans is set out in paragraphs 4.16 to 4.17 of PPG12—February 1992—and in paragraphs 71 to 76 of the code of practice on development plans—September 1995.
Where a local planning authority has not yet adopted its local plan or unitary development plan, it will have to have regard to circular 13/96 in preparing its plan—sections 12(6), 31(6) and 36 of the Town and Country Planning Act 1990. However, where development plans are very close to adoption—for example, where an inquiry into proposed modifications has already been held and no further inquiry is envisaged—it may be appropriate, in order not to delay the plans, for local planning authority to adopt its plan and subsequently to prepare proposals for alterations to the plan having regard to the policy guidance in circular 13/96.
Local planning authorities should prepare such proposals for alterations expeditiously and agree timetables for alteration with the Government office for the region. In cases where local planning authorities fail to take such action promptly, the Secretary of State may well consider it appropriate to direct them to prepare alterations to their adopted development plans within a specified period—sections 21(1A)(a), 32(2)(a) and 39(1)(a) of the 1990 Act. In relation to affordable housing policies in development plans this approach will constitute a modification of the statement in the last sentence of paragraph 29 of PPG1 which reads;
if no such intervention is made, local authorities may take it that the Secretaries of State are content with the plan at the time of adoption and will attach commensurate weight to it in decisions they make on appeals on called-in applications".Where plans which include policies which conflict with the guidance in circular 13/96 had been adopted prior to the publication of the circular, the need to have regard to the circular should be taken into account when the plan is reviewed. All local planning authorities will have to take into account the policy guidance in the new circular in determining applications for planning permission—paragraphs 20 and 21 of PPG1.