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Levelling-up and Regeneration Bill

19 July 2022

Proposing MP
North Antrim
Type
Public Bill Committee

At a Glance

Issue Summary

Ian Paisley Jnr discusses amendments and new clauses related to the regulation of second homes and holiday lets, including changes to use classes in the Town and Country Planning (Use Classes) Order 1987. Tim Farron is discussing the severe housing crisis in his constituency of Cumbria, particularly focusing on the impact of second home ownership and holiday lets. The statement addresses the impact of excessive second home ownership and short-term holiday lets on local communities in areas such as Cornwall, Devon, York, and Bath. The statement addresses the issue of second home ownership and holiday let properties in rural areas, focusing on policy measures to address economic impacts on local communities. The statement addresses the need for planning authorities in national parks and areas of outstanding natural beauty to have radical powers to ensure that new builds are genuinely affordable for local communities. Ian Paisley Jnr introduces a new clause allowing local planning authorities to mandate that all new housing in their area be affordable and to define what constitutes 'affordable' housing. Ian Paisley Jnr is discussing amendments related to neighbourhood development plans, focusing on flood mitigation. The statement introduces several new clauses aimed at improving flood resilience and management through regulatory requirements and data availability. The MP discusses the importance of addressing issues related to drought and flood prevention, emphasizing the need for property-level resilience and robust mechanisms for waste management. Tim Farron supports amendments to the Levelling-up and Regeneration Bill aimed at enhancing flood resilience in communities. The statement discusses amendments aimed at strengthening planning rules for flood prevention and mitigation. The statement discusses the management and mitigation of flood risks through various policies and programmes under the Levelling-up and Regeneration Bill. The statement discusses the need for a report on the uptake of neighbourhood development plans under the Levelling-up and Regeneration Bill. The statement discusses the implications of Clause 88 of the Levelling-up and Regeneration Bill on existing neighbourhood plans and proposes an amendment for a grace period if these plans conflict with future national development management policies. The statement discusses amendments to Clause 90 of the Levelling-up and Regeneration Bill to broaden the scope of prescribed bodies that must assist in plan-making processes beyond public entities. The statement addresses amendments to the Levelling-up and Regeneration Bill related to local authority plan-making processes and community engagement. Clause 90 of the Levelling-up and Regeneration Bill aims to help planning authorities gather necessary information for effective local planning by requiring organisations responsible for vital services to assist in creating plans.

Action Requested

Mr. Paisley proposes creating new use classes for second homes and short-term holiday lets under Schedule 1 of the Town and Country Planning (Use Classes) Order 1987, as well as requiring planning permission for dwellings to be used as second homes following a change in ownership.

Key Facts

  • New clause 38 would amend Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987.
  • The amendment includes creating new use classes C3A for secondary or supplementary residences and C3B for holiday rental properties.
  • New clause 39 would amend section 55 of the Town and Country Planning Act 1990 to require planning permission for using a dwelling as a second home after ownership changes.
  • Before the pandemic, average house prices in Cumbria were about £250,000 with average household income around £26,000.
  • In areas like Lake District and Yorkshire Dales, average house prices approached £500,000 while household incomes remained low.
  • There are 5,500 people on the council house waiting list in Cumbria.
  • Between June 2020 and June 2021, there was a 32% rise in holiday lets in South Lakeland.
  • Up to 80% of all house transactions in recent years fall into the second homes market.
  • There are 8,111 short-term available lets within the community compared to only 262 long-term lets on Rightmove.
  • York has seen a 45% increase in Airbnbs over the pandemic period.
  • There are currently 2,068 Airbnbs listed in York's community.
  • Renting a property in York costs an average of £945 per month compared to an Airbnb stay costing £700 for a weekend.
  • The council tax premium will affect the wealthiest 5% of second home owners.
  • Some property owners can register as holiday let small businesses without paying council tax or business rates.
  • Amendment 120 would enable neighbourhood development plans to restrict new housing in National Parks and AONBs to affordable housing.
  • New clause 40 allows local authorities to mandate that new housing within their jurisdiction in National Parks or AONBs is affordable.
  • The amendment aims to tackle extreme situations by providing radical powers to planning authorities.
  • These powers would allow for the enforcement of genuine affordability criteria, such as social rented or shared ownership properties.
  • Experience shows that when national park planning authorities had greater powers in practice, provisions worked effectively.
  • New clause 41 would enable local planning authorities to mandate affordable housing.
  • Local planning authorities could define “affordable” for the purposes of this new clause.
  • Amendment 2 seeks to insert 'to the mitigation of flooding and' after 'contribute' in clause 88.
  • Paisley's proposal focuses on integrating flood mitigation into neighbourhood development plans.
  • New clause requires setting minimum standards for flood resilience, mitigation, and waste management.
  • Clause mandates data availability about flood risk for insurers and property owners.
  • Certification scheme sets standards for property improvements with accreditation for installers.
  • Insurance rules to consider certified improvements or planning requirements in premium calculation.
  • Flood Reinsurance eligibility extended to premises built after 2009 with resilience measures and SME buildings insurance.
  • Amendment 133 addresses drought preparedness.
  • The MP represents York, which has experienced significant flooding.
  • £45 million and £38 million have been spent on flood defences in York.
  • Resilience in York will hold for 17 years before the risk of flooding reoccurs.
  • Flood Re was introduced in 2016 with exemptions for businesses, leasehold properties, and properties built after 2009.
  • DEFRA has increased resilience grants to £10,000.
  • In Cumbria, there have been two one-in-100-year storm events and a one-in-200-year event over the past 18 years.
  • Storm Desmond in 2015 devastated Kendal and other parts of Burneside, Staveley, with significant human and economic consequences.
  • Water companies made nearly £3 billion profit last year.
  • The River Kent is one of the fastest-flowing rivers in the UK, covering about 20 miles from source to sea.
  • The adaptation communication was published in 2020.
  • Surface water flood hazard maps have not been updated since 2013.
  • New FCA rules would ensure that flood prevention and mitigation improvements are taken into account when setting insurance rates.
  • There is no equivalent scheme to help small and medium-sized enterprises access flood insurance.
  • Climate change adaptation and mitigation has been a key part of the planning system since 2009.
  • £5.2 billion is being invested to better protect 336,000 properties from flooding.
  • The Centre for Sustainable Energy published a guide in 2020 on low-carbon neighbourhood plans covering flood and drought risk policy.
  • Flood Re does not extend to homes built after 2009 or cover businesses.
  • Regulations came into force in April allowing Flood Re to pay claims from insurers up to £10,000 for resilient repair.
  • Amendment proposes inserting a new section (11D) into the Planning and Compulsory Purchase Act 2004.
  • The report must cover the uptake of neighbourhood development plans in less affluent and urban areas.
  • It also mandates reporting on steps taken by Government to increase this uptake.
  • Clause 88 confirms the statutory role of neighbourhood planning and sets out policies that a neighbourhood plan may include.
  • There are 1,061 approved neighbourhood plans via referendum.
  • Proposed new subsection (2C)(b) under clause 88 stipulates that a neighbourhood plan cannot be inconsistent with any NDMP.
  • The Government has the power to set out transitional and saving provision in regulations through Clause 195.
  • Amendments 104, 105, 106, 107, and 108 are proposed.
  • Clause 90 inserts new section 39A into the Planning and Compulsory Purchase Act 2004.
  • The amendments aim to enable plan-making authorities to require prescribed private bodies to assist in the process.
  • Amendment 134 aims to ensure information used in plans is no more than five years old.
  • 12,000 Afghans have been housed in hotels for a year due to the Afghanistan crisis.
  • The amendment emphasizes the relevance of up-to-date information in planning systems.
  • Clause 90 requires organisations responsible for vital local services to assist in creating local plans.
  • The amendment imposes a blanket five-year time limit on the use of this power.
  • Information such as character studies of conservation areas or utilities assessments may be relevant for more than five years.
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