Planning Consultation WG

Planning Consultation WG

Fri 30th Oct 2020, 2:00pm

Responds to the planning applications within Macclesfield as a statutory consultee.

Key Information

Dates

Fri 30th Oct 2020, 2:00pm

In Categories

Planning Committee
Agendas

Macclesfield Town Council

Planning Consultation Working Group Agenda 30th October 2020

Due to the Coronavirus Covid-19 restrictions and in line with the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 this meeting will be held remotely.

Agenda for the meeting on 30th October 2020 at 2pm.

1.  Apologies for Absence

2.  Minutes of the Planning Consultation WG Meeting held on 1st October 2020

Action: To consider the draft minutes as a true record of the meeting.

3.  Matters Arising from the Minutes

Action: To consider any matters arising from the minutes.

4.  The Ministry of Housing, Communities and Local Government’s Consultation:

4.1 Transparency and Competition

Action: To formulate a response to the above Consultation.

5.  Date/Time and Place of Next Meeting

To be agreed

The format/venue to be confirmed subject to C-19 restrictions and related regulations.

Minutes

Macclesfield Town Council

Planning Consultation Working Group Minutes 30th October 2020

Due to the Coronavirus Covid-19 restrictions and in line with the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 this meeting will be held remotely.

Minutes of the meeting held on 30th October 2020 at 2pm.

In attendance:

  • Cllr Mike Hutchison
  • Cllr Janet Jackson MBE
  • Cllr Fiona Wilson

1.  Apologies for Absence

None

2. Minutes of the Planning Consultation WG Meeting held on 1st October 2020

RESOLVED:      That the minutes are approved as a true record of the meeting.

3.  Matters Arising from the Minutes

The consultation response for ‘planning for the future’ was submitted.

4.  The Ministry of Housing, Communities and Local Government’s Consultation:

4.1       Transparency and Competition

RESOLVED:     That a response to the consultation is returned and ratified at the next available Planning Committee meeting.

The response is contained in Annex 1 of these minutes.

5. Date/Time and Place of Next Meeting

To be advised.

The format/venue to be confirmed subject to C-19 restrictions and related regulations.

Meeting closed at 15.20pm

Chair:   Cllr Mike Hutchison

Clerk:   Harriet Worrell

 

 

Annex 1

Responses: Transparency and Competition.

1. The Public Interest

Do you think there is a public interest in collating and publishing additional data on contractual controls over land?

Yes, for greater transparency. Macclesfield Town Council has undertaken projects in the public realm, investing time and resources including the employment of a solicitor to determine land ownership.

Accessible data on land ownership will ease the bureaucracy on determining ownership and who controls development on that land.

2. Rights of pre-emption and options

(a) Do you think that the definition of rights of pre-emption and land options in the Finance Act 2003, s. 4616 is a suitable basis for defining rights of pre-emption and options that will be subject to additional data requirements? Please give reasons.

Yes, for greater transparency.

(b) Is the exemption for options and rights of pre-emption for the purchase or lease of residential property for use as a domestic residence sufficient to cover: • options relating to the provision of occupational housing and • shared ownership schemes? Please give reasons.

No comment.

(c) Are there any types of rights of pre-emption or options that do not fall under the scope of the definition in the Finance Act 2003, s. 46? Please give reasons

No comment.

3. Estate contracts

Are the tests set out above sufficient to avoid inadvertently capturing transactions not related to the development of land? If not, please give examples.

No comment.

4. Other contractual controls

(a) Are there any contractual arrangements by which control can be exercised over the purchase or sale of land, which should be included within this regime and which are not rights of pre-emption, options or estate contracts? Please give examples.

No comment.

(b) If so, do you consider them (i) an interest in land (interests that are capable of being protected by way of a notice on the land register); or (ii) not an interest in land? Please give reasons.

No comment.

5: Data requirements

  1. Are there any data fields that (i) should; or (ii) should not be subject to additional data requirements? Please give reasons.

No comment.

  • Are there any data fields that (i) should; or (ii) should not be placed on the land register? Please give reasons.

No comment.

  • Are there any data fields that (i) should; or (ii) should not be included in a contractual control interest dataset? Please give reasons.

No comment.

  • Are there other data fields that should be collected? Please give reasons.

No comment.

  • Do any of the data fields give rise to privacy risks? Please give reasons.

No comment.

6. Contractual conditions

(a) Are there any data fields that (i) should; or (ii) should not be subject to additional data requirements? Please give reasons.

In addition to the data shown, the following sets of data should be included for greater transparency:

  • Ownership
  • Price/value
  • CIL Zone
  • S106 decisions
  • Number of affordable homes
  • Number of social housing

(b) Are there any data fields that (i) should; or (ii) should not be placed on the land register? Please give reasons.

In addition to the data shown, the following sets of data should be included for greater transparency:

  • Ownership
  • Price/value
  • CIL Zone
  • S106 decisions
  • Number of affordable homes
  • Number of social housing

(c) Are there any data fields that (i) should; or (ii) should not be included in a contractual control interest dataset? Please give reasons.

In addition to the data shown, the following sets of data should be included for greater transparency:

  • Ownership
  • Price/value
  • CIL Zone
  • S106 decisions
  • Number of affordable homes
  • Number of social housing

7. Legal Entity Identifiers

Should legal entities that are beneficiaries of contractual arrangements be asked to provide a Legal Entity Identifier? Please give reasons

Yes, for greater transparency.

8. Data currency

(a) Should beneficiaries be required to provide updated information on: • variation • termination, or • assignment or novation? Please give reasons.

Yes, for greater transparency.

(b) Are there other ways in which data currency could be maintained?

No comment

9. Accounting treatment

If your organisation is required to produce annual accounts, when are: (i) rights of preemption; (ii) options; and (iii) estate contracts recognised on the balance sheet? Please give reasons and state the accounting standard used.

No comment

10. Existing contractual control interests

(a) Should the requirement to supply additional data be limited to: (i) new contractual control interests only; or (ii) all extant interests? Please give reasons.

All extant for transparency.

(b) How long should beneficiaries of an extant contractual control interests that is varied, assigned or novated be given to provide additional data before losing protection: (i) three months; or six months?

Three months to be consistent with the Regulator of Social Housing requirements on registering land ownership and disposals.

11. Current beneficiaries

What are the best ways of informing current beneficiaries of the need to provide additional data? Please give reasons.

No comment

12. A digital process?

Should the provision of additional data prior to the application process for an agreed notice be exclusively digital (with assisted digital support if required)? Please give reasons.

No comment

13. Certification

Should beneficiaries of contractual control interests with a duty to produce annual accounts be required to certify that all relevant interests have been noted? Please give reasons.

Yes, for greater transparency.

14. Restrictions

(a) Should beneficiaries of contractual control interests be required to obtain an agreed notice before they could apply for a restriction? Please give reasons.

No comment

(b) Should the protections of restrictions placed on an un-noted contractual control interest be (i) limited; or (ii) removed? Please give reasons.

No comment

c) If the Government accepts the Law Commission’s recommendation on restrictions, should contractual control interest fall into the category of interest that cannot be capable of protection by way of a restriction? Please give reasons.

No comment

15. Alternative options

(a) Should a mandatory system be introduced whereby the beneficiary of a contractual control interest would, where it is possible to do so, be required to note their interest with HMLR? Please give reasons.

No comment

(b) If so, how should the system be enforced? Please give reasons.

No comment

16. Current practice

(a) If you are a beneficiary of a right of pre-emption, option or estate contract, please indicate how you protect your interest.

No comment

(b) What factors influence your choice? Please give reasons.

No comment

17. Data collation and provision

(a) Are there any data fields in Annex A that contracting parties would not have readily to hand? Please list them.

No comment

(b) What is your estimate of the time needed to provide the additional data?

No comment

(c) Does your entity hold a Legal Entity Identifier?

No comment

18. Data currency

What additional work (over and above the time and cost of preparing annual accounts) would your organisation need to undertake to identify contractual control interests that needed to be updated?

No comment

19. Certification

What additional work (over and above the time and cost of preparing annual accounts) would your organisation need to undertake to certify in your organisation’s annual accounts that all relevant contractual control interests had been noted on the land register where the land is registered?

No comment

20. Economic impact

What impact, if any, do you think that these proposals will have on the English land market (residential and commercial)? Please describe the effects and provide evidence.

A reduction in land costs will increase affordability.

21. Costs

What impact, if any, do you think that these proposals will have on the costs incurred by participants in the English land market (residential and commercial)? Please describe the effects and provide evidence.

Greater transparency would have saved Macclesfield Town Council on legal fees in the determination of land ownership for projects in the public realm that directly benefit the community.

22. Identifying and understanding contractual control interests

(a) Can you estimate the amount of (i) time and (ii) money that you have spent on identifying land affected by a contractual control interest?

Macclesfield Town Council, over a period of 12 months, bore legal fees in excess of £5000 in determining land and subsoil ownership for a single project.

A further project to erect public notice boards has extended the delivery target by over a year as Macclesfield Town Council seeks to understand land ownership and gain permission for installation. As a result, the cost of the project has increased by £3000.

This financial burden does not include the considerable officer resource in progressing the ownership.

(b) What is the source of your information?

Macclesfield Town Council

(c) Can you estimate the amount of (i) time and (ii) money that you have spent on seeking professional advice on exactly how a contractual control interest affects a piece of land?

As 22 a)

23. Market impact

(a) If you are a small or medium enterprise (SME) builder or developer, do contractual controls hinder your ability to assess the viability of a local market? Please give reasons.

No comment

(b) If you are an SME builder or developer, does a lack of freely accessible and understandable data act as a barrier to you entering the market? Please give reasons.

No comment

24. Trust in the planning system

(a) Do you think that a lack of accessible and understandable data on contractual controls makes it more difficult for local communities to understand the likely pattern of development? Please give reasons.

Yes. The lack of data undermines trust and confidence in the planning system.

(b) If so, to what extent does it undermine trust and confidence in the planning system: (i) not much; (ii) somewhat; (ii) a great deal? Please give reasons.

Members of the public regularly inform Macclesfield Town Council they experience difficulties in accessing, navigating and understanding the planning system.

25. Public Sector Equality Duty

What impact, if any, do you think that these proposals will have on people who share protected characteristics20? Please describe the effects and provide evidence.

Reducing the cost of land will increase affordability. Development should reflect the needs in society and provide safe homes that promote health and wellbeing with a residential mix. At least 30% of homes should be affordable and distributed, as too rented properties, throughout a development site to prevent a cluster of housing types that may foster perceptions of inequality between residents of diverse economic means.

There is real concern that offsetting affordable houses to alternate sites dedicated for this market will lead to an extreme sense of inequality and discrimination, with the potential for such areas to decline and impact negatively on residents’ health and wellbeing.

There should a focus on homes for life so people may feel connected to their community, instilling a sense of civic pride and community cohesion.  Affordability could aid the ambition of greater integration.

New homes must meet high environmental standards such as electric charging points, low energy boilers and insulation to future proof the world in a time when climate emergencies have been declared by many councils. The health and wellbeing of future generations is dependent on responsible and decisive action now.

Larger developments in particular should have a responsibility to ensure there is no detrimental impact to existing services and infrastructure (health service, education, transport) that may indirectly discriminate against minority groups. This can be achieved through CIL or S106 injections or the development providing its own services, providing there is a sustainable infrastructure link to the town centre and the development does not divert footfall from the town centre.

26. Wales.

Should a contractual control interest regime be extended to Wales?

Please give reasons.

Yes, subject to agreement of the Welsh people.

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