Rapid Local Intervention to Mitigate the Tilted Balance: Temporary Mechanism to Curb Speculative Development

Context:

Where a local planning authority (LPA) cannot demonstrate a five-year housing land supply (5YHLS) or fails the Housing Delivery Test, the “tilted balance” under NPPF Paragraph 11(d) applies. This shifts the presumption in favour of granting permission unless adverse impacts “significantly and demonstrably outweigh” the benefits.

This document proposes a lawful, fast-acting local mechanism to mitigate speculative harm during this vulnerable period.

1. Purpose of the Mechanism:

To ensure that speculative applications — particularly those outside the Local Plan or settlement boundaries — do not benefit automatically from the tilted balance if:

  • The applicant controls deliverable land but chooses not to bring it forward
  • The application undermines infrastructure sequencing, cumulative capacity, or spatial strategy
  • The delivery benefits are overstated or unsupported by commitment

2. Action: Immediate Planning Position Statement (PPS) An LPA may adopt a Planning Position Statement to:

  • Clarify how speculative applications will be assessed during the tilted balance period
  • Establish that developer conduct and local delivery context are material to the planning balance
  • Provide transparency to planning officers, developers, and the public

3. Key Policy Points for PPS:

a. Developer Delivery Behaviour as Material Consideration

  • Where an applicant controls deliverable land and is not progressing it, this undermines their credibility in claiming housing need benefit.
  • Applications may be refused where the applicant has failed to deliver on previously approved or controlled sites.

b. Landholding Declaration Requirement

  • All applicants for major development outside the settlement boundary must submit a declaration of:
    • Land under ownership or option in the district
    • Planning status and delivery timeline
  • Failure to provide this may be treated as a procedural deficiency or reduce the weight of the application’s benefits.

c. Infrastructure & Spatial Harm Threshold

  • Proposals that exacerbate infrastructure deficits or undermine spatial planning objectives will be assessed with enhanced scrutiny.
  • LPAs may treat speculative intrusion into non-strategic locations as harm to plan coherence.

d. Temporary Weight Adjustment Clause

  • The LPA reserves the right to adjust the weight of housing delivery benefits in the planning balance where the applicant’s wider land conduct weakens the credibility or urgency of the claim.

4. Implementation Timeline:

  • Draft PPS in under 14 days
  • Publish and notify via planning portal and website
  • Apply immediately to all new speculative applications
  • Reference in all relevant officer reports and planning committee briefings

5. Legal Basis:

  • PPS is a lawful tool under the LPA’s discretionary power to define planning practice during evolving national policy contexts
  • Material considerations are determined by LPAs under established case law (Cala Homes v SSCLG, 2011)
  • No conflict with NPPF; rather, provides structure for assessing benefits versus adverse impacts more accurately
📰 Speculative Development as Inverse Harm: Why East Hampshire Needs a Planning Position Statement Now