Issue 14 Affordable Housing & Specialist Housing Development plan Growing Our Economy & Communities Reporter: reference: (pages 70 – 73) Body or person(s) submitting a representation raising the issue (including reference number): Andrew Plenderleith (0012) Sir Peter Burt Viking (0035) Longniddry Community Council (0161) Messrs R and A Kennedy (0188) McCarthy & Stone (0273) Musselburgh Area Partnership (0291) East Lothian Liberal Democrat Party (0300) North Berwick Community Council (0326) Hargreaves Service Ltd (0349) Homes for Scotland (0353) East Lammermuir Community Council (0414) Loreen Pardoe (0422) Taylor Wimpey UK Ltd and Mactaggart & Mickel Homes Ltd (0426) Taylor Wimpey UK Ltd and Mactaggart & Mickel (0438) Provision of the Policy HOU3: Affordable Housing development plan to which the issue Policy HOU4: Affordable Housing Tenure Mix relates: Planning authority’s summary of the representation(s): Policy HOU3: Affordable Housing Quota Andrew Plenderleith (0012/2) Would like a breakdown of affordable housing for PROP TT1 as he is of the opinion that developers CALA and Walker Group can build out sites at Gullane and North Berwick without providing affordable housing. Messrs R and A Kennedy (0188/2) Policy HOU3 "Affordable Housing Quota" should be altered to remove the obligation for specialist or special needs housing development, including specifically designed to meet the needs of the over 55 age group, to provide for 25% affordable housing. McCarthy & Stone (0273/2) Given the existing difficulties with the viability of development the Council is encouraged to explore the possibility of removing the requirement for affordable housing contributions from specialist accommodation to encourage development of this nature to come forward. East Lothian Liberal Democrat Party (0300/9) 550 Concerned that government funding is inadequate to deliver the 25% affordable housing quota sought by the LDP. Commuted sums for affordable housing should be used to cross-subsidise the provision of infrastructure. Concerned that social housing is not fully integrated within a wider development. Provision should be made for self-build homes within areas identified for affordable housing. Hargreaves Service Ltd (0349) Hargreaves supports the approach to affordable housing, 25% is a fair and consistent approach across the whole of East Lothian. In circumstances where there is no required demand, there should be cognisance of this within the policy. It is requested that the figure of 25% is applied to the Greater Blindwells Area. Homes for Scotland (0353/4) Homes for Scotland would support a greater degree of flexibility within the Affordable Housing policy (Policy HOU3). While we do not argue the 25% affordable housing percentage, we are aware of other planning authorities who operate an affordable housing ‘credit system’ whereby over provision on one site within the local authority area may provide ‘credit’ to allow for under provision on a another site in the area under specific circumstances. Perth & Kinross Council currently operates this practice with homebuilders, adding flexibility and supporting delivery of homes faster or in locations where there is more need. Homes for Scotland would be happy to discuss this further with East Lothian Council to provide case studies of this in other areas across Scotland. The policy should also clearly state that the obligation on the developer is to provide land for affordable housing units only, not the units themselves – clarity is needed here as this has not been explicitly stated. Loreen Pardoe (0422/2) Affordable housing should be more aligned with first time buyer’s needs and those on lower salary income, and be focused in larger settlements. Taylor Wimpey UK Ltd and Mactaggart & Mickel Homes Ltd (0426/5) Paragraph 3.52 refers to affordable housing and in particular states that for Letham Mains the quota of affordable housing is to be 17%. This should be applied to the Letham Mains Expansion as well and acknowledged within para 3.52. Support HOU3 subject to the modification specified. Policy HOU4: Affordable Housing Tenure Mix Sir Peter Burt Viking (0035/4) Commutation payments for affordable housing need to be substantially increased to recognise the cost to the community. Longniddry Community Council (0161/4) The Community Council is concerned about the high need for affordable housing in the area, and that lower than market value can be treated as affordable housing. There is a need for social rented accommodate given that there are few council houses left as most 551 have been bought at discount; there is also a need for a wider mix of homes including bungalows. Opposed to commuted sum payments for providing affordable housing. Affordable housing should be integrated with the development, not in one area. McCarthy & Stone (0273/3) It is noted that HOU4 stipulates that amenity/sheltered/retirement housing which falls under Use Class 9 will fall under Council's affordable housing policy and the 25% affordable housing quota. This is based on Scottish Ministers 'Empowering Planning to Deliver Great Places' report. McCarthy and Stone have provided Affordable Housing contributions for some of their sites, notably at Tantallon Road, North Berwick. It is unlikely that a similar development in different settlements within the Authority would be able to support a level of contribution of this scale (£430,000). East Lammermuir Community Council (0414/4) Are any other places within settlements (villages or smaller hamlets) where housing could made available for self-build including cooperatives? Is there any way land could be made available for co-housing groups? East Lammermuir Community Council (0414/7) How can we ensure that new housing meets local people's needs and preserves and encourages the diversity of the villages? What does the Council understand about housing need in East Lammermuir? Loreen Pardoe (0422/3) Affordable housing should be more aligned with first time buyers needs and those on lower salary income, and be focused in larger settlements. Specialist Housing Provision McCarthy & Stone (0273/1) The provision of adequate support and accommodation for the increasingly ageing demographic profile of East Lothian is a significant challenge and, unless properly planned for over the next 20 years, there is likely to be a serious shortfall in specialist accommodation for the older population, which will have a knock on effect in meeting the housing needs of the whole area and wider policy objectives. Affordable and Specialist Housing Miscellaneous Musselburgh Area Partnership (0291/4) The Area Partnership understands the housing requirement for East Lothian but too many houses are proposed for the Musselburgh area, which is unfair and does not equate to the impact on other communities in East Lothian, and is without an equivalent increase in infrastructure to cope in an already congested community. No specific consideration to providing homes (e.g. 1-2 bed bungalows with gardens) for downsizing households especially older people which would free up larger houses. New flats should have lifts installed to encourage more movement among elderly persons. The 5,700 houses 552 proposed will increase the population by approximately 50% which is a massive increase and will negatively impact on our community. New communities should be considered instead as indicated in para 3.13 of Proposed SESplan 2 (Core Doc). There is no provision for self build sites which would help maintain local ownership, identity and opportunity. East Lothian Liberal Democrat Party (0300/10) Objector suggests there is a need for a variety of housing styles, including bungalows for those seeking to downsize and for those with specials needs such as mobility impairment. There is a need for single occupancy housing for all age groups and sometimes that need is overlooked; this does not seem to be given any prominence within the plan. North Berwick Community Council (0326/4) LDP needs to make provision for the aging population in North Berwick, for example to allow downsizing or to adapt housing. North Berwick Community Council (0326/5) There is a pressing need for affordable housing in North Berwick and the plan does not address this. Second homes and holiday homes should be taxed to a greater to prevent this accommodation being taken from available housing stock at North Berwick for local residents. East Lammermuir Community Council (0414/8) Is there any housing/or a means of offering support with renovations - for people who become elderly and infirm? Affordable and Specialist Housing Support Taylor Wimpey UK Ltd and Mactaggart & Mickel (0426/6); Taylor Wimpey UK Ltd and Mactaggart & Mickel (0438/4) Support Policy HOU4 as it recognises that a wide range of affordable housing tenure models are supported. Modifications sought by those submitting representations: Policy HOU3: Affordable Housing Quota Andrew Plenderleith (0012/2); Loreen Pardoe (0422/2) No Modification sought Messrs R and A Kennedy (0188/2) Policy HOU3 should be altered to state (Text to be added to the First Paragraph): "Housing development specifically designed to meet specialist or special needs, including housing specifically designed to meet the needs of the over 55 age group, will be excluded from this requirement where the continued age related occupation of such development is 553 controlled". McCathy & Stone (0273/2) Removal of the 25% affordable housing requirement for specialist housing. East Lothian Liberal Democrat Party (0300/9) No specific modification sought or suggested, but the objection would suggest that changes should be made to the plan. Hargreaves Service Ltd (0349) Modify the requirement for 30% affordable housing at Blindwells to reduce this to 25%. Homes for Scotland (0353/4) Amend Policy HOU3 to be clear that the obligation on the homebuilder is to provide the land for affordable units, not necessarily the units themselves. Also consider a more flexible approach to delivery of affordable housing on sites, with the potential to deliver more than the 25% required on one site and perhaps less on another site, on a case by case basis to support the delivery of new homes. Taylor Wimpey UK Ltd and Mactaggart & Mickel Homes Ltd (0426/5) Paragraph 3.52 should be updated to state that the affordable housing quota at Letham Mains Expansion be 17%. Policy HOU4: Affordable Housing Tenure Mix Sir Peter Burt Viking (0035/4); Longniddry Community Council (0161/4); East Lammermuir Community Council (0414/4)(0414/7); Loreen Pardoe (0422/3); No Modification sought McCathy & Stone (0273/3) Reconsider the inclusion of 25% affordable housing quota for amenity/sheltered/retirement housing falling under Use Class 9. Affordable and Specialist Housing Support Taylor Wimpey UK Ltd and Mactaggart & Mickel (0426/6); Taylor Wimpey UK Ltd and Mactaggart & Mickel (0438/4) No Modification sought Specialist Housing Provision McCathy & Stone (0273/1) A more generic 'catch all' policy should state: ' The Council will encourage the provision of 554 specialist housing for older people across all tenures in sustainable locations. The council aims to ensure that older people are able to secure and sustain independence in a home appropriate to their circumstances and to actively encourage developers to build new homes to the 'lifetime homes' standard so that they can be readily adapted to meet the needs of those with disabilities and the elderly as well as assisting independent living at home. The Council will, through the identification of sites, allowing for windfall developments and/or granting of planning consents in sustainable locations provide for the development of retirement accommodation, residential care homes, close care, extra care and assisted care housing and Continuing Care Retirement Communities' Affordable and Specialist Housing Miscellaneous Musselburgh Area Partnership (0291/4) East Lammermuir Community Council (0414/8) No Modification sought East Lothian Liberal Democrat Party (0300/10) No specific modification sought or suggested, but the objection would suggest that changes should be made to the plan. North Berwick Community Council (0326/4) Prepare an area plan for North Berwick that deals with the full range of issues raised by the Community Council. North Berwick Community Council (0326/5) Prepare an area plan for North Berwick that deals with the full range of issues raised by the Community Council. Summary of responses (including reasons) by planning authority: Policy HOU3: Affordable Housing Quota Andrew Plenderleith (0012/2) Affordable housing is broadly defined as housing of reasonable quality that is affordable to people on modest incomes. The need for affordable housing should be as close as possible to where it arises. The LDP seeks to address this in its spatial strategy, policies and proposals taking into account local characteristics and the need for affordable housing. The LDP sets out the planning policy approach for increasing the supply of affordable housing in the area. Policy HOU3 - "Affordable Housing Quota" of the LDP requires that development proposals that bring forward 5 or more dwellings must make provision for affordable housing as part of the proposal. Other than for Blindwells and for Letham Mains in Haddington, which had their quotas set by the East Lothian Local Plan 2008 (30% and 17% respectively) the required proportion of affordable housing to be provided will be 25% of the total number of dwellings proposed for the site. Planning permission will not be approved unless an agreed mechanism is in place to secure the delivery of affordable housing. Therefore regardless of whether a site is in Tranent, Gullane or North Berwick there is a requirement on developers to provide 25% affordable housing provision. A wide range of housing tenures can be affordable. These include 555 homes for social and mid-market rent including National Housing Trust and unsubsidised, subsidised shared ownership models and Scottish Government Shared equity models, and discounted sale unsubsidised low cost home ownership. The Council will approve more detailed supplementary planning guidance that will allow developers and landowners to asses at an early stage the options and implications of providing for the expected affordable housing tenures. Policy HOU4 of the LDP supports this provision of Affordable Housing Tenure Mix. The Council submits that no modification is required. Messrs R and A Kennedy (0188/2) Policy HOU3 ‘ Affordable Housing Quota’ includes all housing that is defined under use class 9, as defined by The Town And Country Planning (Use Classes) (Scotland) Order 1997, whether it be amenity, elderly or sheltered housing. There is a need to provide specialist affordable housing for a variety of client groups, especially the over 55 age group. This is consistent with paragraph 132 of SPP (2014) and SDP paragraph 117. The Council will assess every site on its own merits and where it is not possible to deliver affordable housing on site, it will consider an off-site contribution or in some cases a commuted sum to help deliver affordable housing elsewhere. The Council recently in lieu of an on-site contribution on a retirement development in North Berwick secured a commuted sum to help deliver affordable housing elsewhere. As outlined in response to McCathy & Stone (0273/2). The Council submits that no modification is required. McCathy & Stone (0273/2) Policy HOU3 ‘Affordable Housing Quota’ includes all housing that is defined under use Class 9, as defined by The Town And Country Planning (Use Classes) (Scotland) Order 1997, whether it be amenity, elderly or sheltered housing. There is a need to provide specialist affordable housing for a variety of client groups, especially the over 55 age group. This is consistent with paragraph 132 of SPP (2014) and SDP paragraph 117. This contribution is included within the overall 25% Affordable Housing contribution and is not an additional contribution. For clarity, this is a different classification from use Class 8, as defined by The Town And Country Planning (Use Classes) (Scotland) Order 1997, which covers policies HOU5 and HOU6. Use Class 8 would not require a 25% affordable housing contribution. It is likely that a range of housing options will be required to meet the needs of older and disabled people i.e. sheltered, amenity and wheelchair designed housing. A variety of house types and sizes will be required, to promote mobility in the housing system and enable downsizing where appropriate. Accessible and adaptable smaller homes and developing specialist housing will be critical. The Council will assess every site on its own merits and where it is not possible to deliver affordable housing on site, it will consider an off-site contribution or in some cases a commuted sum to help deliver affordable housing elsewhere. The Council recently in lieu of an on-site affordable housing contribution on a retirement development in North Berwick secured a commuted sum to help deliver affordable housing elsewhere. The Council submits that its approach is in line with the National Strategy for Housing Older People launched in December 2011. It supports the Scottish Government policy of ‘shifting the balance of care’. The Strategy identifies the main ways in which the housing sector supports a reshaping of health and social care services, ‘shifting the balance of care’ and independent living. http://www.gov.scot/Publications/2011/12/16091323/0. Age, Home And Community: A Strategy For Housing For Scotland's Older People: 2012 - 2021 556 Comparisons with neighbouring SESplan authorities (Table 2.1) show East Lothian has a much higher proportion of older people than in City of Edinburgh and West Lothian. East Lothian has a slightly higher proportion of older people compared with Midlothian and a slightly lower proportion than Fife. Scottish Borders has a significantly higher proportion of older people than in East Lothian. % of Older People by SESplan authority area, mid 2015 Aged 65+ Aged 75+ Aged 85+ Total Aged 65+ East Lothian 11,023 6,517 2,395 19,935 10.7 6.3 2.3 19.3 City of 7.9 5.0 2.1 15.0 Edinburgh Fife 11.2 6.2 2.3 19.7 Midlothian 10.7 5.7 1.9 18.3 Scottish Borders 13.2 7.5 2.7 23.4 West Lothian 9.3 4.9 1.4 15.6 Scotland 10.1 6.0 2.2 18.3 The integration of adult health and social care provides an opportunity to strengthen the connections between housing, health and social care. Housing Contribution Statements (HCS) were introduced in 2013, to articulate the links between housing planning and health and social care joint strategic commissioning. The Public Bodies (Joint Working) (Scotland) Act 2014 provides the legal framework for integrating health and social care services. In accordance with the Act, the HCS must set out the arrangement for carrying out the housing functions delegated to the Integration Authority as required by Section 29(2) (a) of the 2014 Act. HCSs intended to fill a perceived gap in ensuring that the housing contribution to improving health and social care outcomes was acknowledged and maximised, together with potential investment in housing related preventative expenditure. The initial East Lothian Statement had a specific focus on older people and strongly reflected the East Lothian Local Housing Strategy (LHS) 2012-17. A summary of evidence and key issues identified in SESplan HNDA is set out in the table below: The Shared Evidence Base and Key Housing Issues Related to Health and Social Care Evidence Base Key Housing Issues Older People People aged 65-79 make up 13.3% of the EL population (12.5% A significant projected increase in the no. of older nationally) and 4.9% of the EL population is aged 80+ (4.5% people, a high proportion of whom will be living nationally). alone and some with dementia and / or complex needs will have major implications for housing and The EL population aged 80+ comprises 37% males and 63% females, health and social care services. reflecting the national picture. People living longer will mean increased demand for services, combined with a generally accepted The EL population aged 65-79 increased by 12.4% from 2001-2011. view that public expectations of services are rising. This will be challenging, given the financial climate The EL population aged 80+ increased by 20.2% from 2001-2011. and cuts to public services. Addressing the housing needs of increasing numbers of older people will The EL population age 65-79 is projected to increase by 65% from require a major rethink and redesign of services 2010-2035 (62% nationally). both nationally and at a local level. Building new, affordable and sustainable housing The EL population age 80+ is projected to increase by 111% from is a priority. A variety of house types and sizes are 2010-2035 (110% nationally). needed, to promote mobility in the housing 557 system and enable downsizing where appropriate. There are 13,930 single person households across EL. 54% are Accessible and adaptable smaller homes will be headed by a person age 60+ and 27% by a person age 75+. critical and specialist housing will also be required. Building new, affordable and sustainable housing is a priority, with a variety of house types and sizes to promote and encourage mobility in the housing system and enable downsizing where appropriate, reflecting the needs of the local community, with new homes easily accessible and adaptable An assessment of the housing needs of people with particular needs in East Lothian is currently in progress, anticipated to complete in 2017. It is likely that the evidence will demonstrate requirements to increase the availability of housing, including housing for varying needs, specialist and adapted housing. For the purposes of this study, Specialist Housing Provision is defined as: ‘specially designed housing, including wheelchair accessible housing, which comprises purpose built, remodelled or substantially adapted dwellings that include special design features suitable for a household that contains someone with mobility, sensory and/or cognitive impairment’. This includes retirement and amenity housing which plays an important part in helping to meet the needs of older people. Amenity housing is usually designated for people over the age of 55 years and is designed to assist with people with mobility issues and those requiring to downsize. There is no care support with this type of housing, although some may have access to emergency service through provision of community alarms. This type of AH is needed as part of the overall AH to be delivered to help ensure that the housing system functions properly – e.g. to ensure there is supply in the right types and tenures of housing to allow movement up, down and across the housing system. The Council submits that this approach is consistent with paragraph 132 of SPP (2014) and SDP paragraph 117. There is need for this type of housing to be secured from all housing proposals within Class 9 of The Town And Country Planning (Use Classes) (Scotland) Order 1997. Whilst the priority will be for on-site provision, the Council would consider off-site provision to commuted sums in appropriate circumstances. The Council submits that no modification is required. East Lothian Liberal Democrat Party (0300/9) Concerns about Scottish Government subsidy noted. The Council submits that the affordable housing policy of the LDP will provide for the affordable housing quota to be met through a wider range of affordable housing tenures than those for which government subsidy is needed; this will also help to address the wider range of needs that exist. Commuted sums for affordable housing provision cannot be used to cross subsidise infrastructure provision, since this would fail the tests of the relevant Circular 3/2012: Planning Obligations and Good Neighbour agreements that are set out and must be passed before developer contributions can be justified. East Lothian Council’s Draft Supplementary Planning Guidance: Affordable Housing Quota and Tenure Mix (Section 3 and 6) recognises that Self Build is an affordable housing tenure. The Council submits that no modification is required. Hargreaves Service Ltd (0349) The Council notes that Hargreaves accept that there is a need for affordable housing. The 558 Council submits that the 30% requirement for affordable housing at Blindwells (site BW1) originated from the East Lothian Local Plan 2008, and this reason for the continuation of the approach is explained at paragraph 3.52 of the proposed LDP. Blindwells new settlement, being the largest allocation of housing land within the area, is a unique opportunity to increase the delivery of affordable housing and this further justifies the merits of the current allocation. This quota for affordable housing has featured in all discussion on the site and is also reflected in the Council’s Strategic Housing Investment Plan. The Council submits that the 30% quota was consulted on through the MIR, and that it was not expressly stated at that stage that such a quota would have effects on the viability of Proposal BW1. It is noted that elsewhere in the Hargreaves submission (see para 2.4 of 0349) that the site is effective and can be developed in accordance with Proposal BW1, which includes a requirement to conform to the adopted Development Framework for the site that requires the provision of 30% affordable housing. It should be noted that the Council has also sought to find a more cost effective education solution for proposal BW1 by allowing the expansion of Preston Lodge High School rather than require the provision of a new secondary school on site, as the East Lothian Local Plan 2008 would require. The Council submits that no modification is required. Homes for Scotland (0353/4) The Council submits that Policy HOU3 is clear that applicants need to ‘make provision for’ affordable housing. The Council submits that the mechanisms for delivery through which such provision must be made can vary, and this does not always only involve the transfer of serviced land to the Council. This is why Policy HOU3 refers to the ‘required proportion’ of affordable housing being 25% of the overall number of homes proposed on a site. The range of approaches / delivery mechanisms that could ‘make provision for’ affordable housing and that will be considered by the Council in the assessment of proposals is set out in the Draft Supplementary Planning Guidance: Affordable Housing Quota and Tenure Mix, in particular Page 13 of that document. Policy HOU3 requires a Section 75 agreement where necessary to secure the transfer of service land for affordable housing provision. The Council will assess each application on its own merits and where onsite provision is not achievable, it will consider an off-site contribution. Where developers have more than one smaller site in a local area, the council may consider on a case by case basis whether it would be more desirable to deliver 25% of all the sites in one location e.g. where 3 sites would otherwise deliver 20 units; rather than delivering 5 affordable units on each site, it may be make more desirable to deliver all 15 affordable units on one site. Such cases will be assessed on their own merits. The Council submits that no modification is required. Loreen Pardoe (0422/2) Comments in respect of the locations for affordability of affordable housing noted. The Council submits that it will consider a range of affordable housing tenures in line with Policy HOU3 and HOU4 for all relevant sites. This will maximise the amount of affordable housing to be provided and ensure that it is provided within our growing communities wherever possible. The Council submits that no modification is required. Taylor Wimpey UK Ltd and Mactaggart & Mickel Homes Ltd (0426/5) The affordable housing quota of 17% at Letham Mains was transitioned from the East 559