The “tilted balance” is applied when assessing planning applications, particularly under specific circumstances where local planning policies are not up-to-date or where there is an insufficient supply of deliverable housing sites. This approach ensures that development needs, particularly housing, are met in a timely and sustainable manner.

Key Situations for Applying Tilted Balance

Lack of a Five-Year Housing Land Supply

If the local planning authority cannot demonstrate a five-year supply of deliverable housing sites, the “tilted balance” comes into play. This shifts the presumption towards granting planning permission to address the shortfall.

Out-of-Date Policies

If local planning policies are considered out-of-date, such as when they do not align with current national policies or do not reflect recent development needs, the “tilted balance” favours granting permission unless there are significant adverse impacts.

Principle

Under the “tilted balance,” planning permission should be granted unless:

1. The adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF taken as a whole.

2. Specific policies in the NPPF indicate that development should be restricted.

Application in Decision-Making

1. Assessment of Benefits and Harms: Decision-makers must carefully weigh the benefits of the proposed development (such as addressing housing shortages and economic growth) against any potential harms (such as environmental impact, loss of green space, and infrastructure strain).

2. Sustainable Development: The core aim is to promote sustainable development. Even if a development has some negative impacts, it may still be approved if the overall benefits, particularly in terms of sustainability, are deemed greater.

Example Scenario:

A local authority in a rural area has not updated its Local Development Plan for several years and cannot demonstrate a five-year supply of housing land. A developer proposes a new housing estate on the edge of a village. Despite some concerns about increased traffic and pressure on local services, the development would provide much-needed affordable housing and contribute to the local economy.

In this case, the “tilted balance” would likely be applied. The planning authority would assess whether the adverse impacts (traffic, service pressure) significantly and demonstrably outweigh the benefits (housing supply, economic growth). If not, planning permission would likely be granted.

Conclusion:

The “tilted balance” is a critical concept in UK planning law, ensuring that housing and other development needs are met efficiently while promoting sustainable development. It helps address situations where local policies may be outdated or where there is a pressing need for development, thus ensuring that the planning system remains flexible and responsive to current needs.

Settlement Policy Boundaries (SPBs) are specific demarcated lines drawn around settlements, such as towns and villages, within a local planning authority’s jurisdiction. These boundaries are defined in local development plans and are used to manage and control development. The primary purpose of SPBs is to guide development to appropriate locations and protect the countryside and other rural areas from urban sprawl.

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Key Features and Purposes of Settlement Policy Boundaries:

1. Development Control: SPBs help determine where new development, such as housing, commercial buildings, and infrastructure, is permitted. Development is generally encouraged within these boundaries to make efficient use of land and existing services.

2. Urban-Rural Divide: SPBs clearly delineate the separation between urban areas (where development is appropriate) and rural areas (where development is typically restricted). This helps to protect the character and integrity of the countryside.

3. Sustainable Development: By directing development within established boundaries, SPBs support sustainable development principles. They promote the use of existing infrastructure, reduce the need for new infrastructure, and help maintain compact and efficient settlements.

3. Planning Policy: SPBs are an important tool in local planning policy. They are included in local development plans, such as Local Plans or Neighbourhood Plans, and are used by local planning authorities to assess planning applications and make decisions about land use.

4. Housing and Economic Growth: Within SPBs, local authorities can identify areas suitable for housing, commercial activities, and other development needs. This helps to meet the community’s housing and economic growth objectives in a planned and controlled manner.

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Implementation and Review:

Defined in Local Plans: SPBs are established through the local planning process and are defined in documents such as the Local Plan or the Neighbourhood Plan.

Periodic Review: SPBs are periodically reviewed and updated to reflect changes in development patterns, population growth, and planning policies. This ensures that the boundaries remain relevant and effective.

Public Consultation: Changes to SPBs usually involve public consultation, allowing residents and stakeholders to provide input on proposed changes.

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Benefits:

Protection of Countryside: SPBs help protect rural areas from inappropriate development, preserving green spaces and the natural environment.

Focus on Urban Areas: By concentrating development within SPBs, local authorities can focus on revitalizing and improving urban areas, making better use of existing services and infrastructure.

Clarity and Certainty: SPBs provide clarity and certainty for developers, landowners, and the public about where development is likely to be acceptable and where it is not.

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In summary, Settlement Policy Boundaries are a key planning tool used to manage development, protect rural areas, and promote sustainable growth within settlements. They help to ensure that development occurs in appropriate locations, supporting the overall planning strategy of a local area.

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The term “proven Five Year Housing Land Supply” refers to a measure used in urban planning and development to ensure an adequate supply of land for housing construction over a specified period, usually five years.

In many jurisdictions, local planning authorities are required to demonstrate that they have enough available and deliverable land to meet their housing targets for the next five years. This is often referred to as the “Five Year Housing Land Supply” or “Five Year Land Supply.”

Having a proven Five Year Housing Land Supply is essential for local planning authorities to demonstrate that they are meeting their housing targets and ensuring a sufficient supply of housing to meet the needs of their communities. It provides certainty to developers, investors, and the public about the availability of land for housing development and helps to guide decision-making in the planning process.

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Housing targets are specific goals set by government authorities to ensure an adequate supply of housing to meet the needs of the population. These targets aim to address issues such as population growth, housing affordability, and urban development. Here’s a detailed explanation of housing targets:

Purpose of Housing Targets

1. Addressing Population Growth: As populations grow, there is an increased demand for housing. Housing targets aim to ensure that sufficient new homes are built to accommodate this growth.
2. Improving Affordability: By increasing the supply of housing, targets help to stabilize or reduce housing prices, making homes more affordable for a wider range of people.
3. Encouraging Economic Development: Adequate housing supply supports economic growth by attracting businesses and workers to an area.
4. Ensuring Sustainable Development: Housing targets often incorporate considerations of sustainability, ensuring that new developments are environmentally friendly and well-integrated with existing infrastructure.

Setting Housing Targets

Housing targets are typically set based on various factors, including:

• Population Projections: Estimates of future population growth and demographic changes.
• Housing Needs Assessments: Studies that identify the number and types of homes required to meet the needs of different population groups.
• Economic Factors: Consideration of local economic conditions, employment rates, and the availability of land for development.
• Policy Objectives: National and regional policy goals, such as promoting urban regeneration or rural development.

Implementation of Housing Targets

1. Local Planning Authorities: Local authorities, like the East Hampshire District Council (EHDC), are responsible for implementing housing targets through their local plans and development frameworks.
2. Planning Permissions: Developers must obtain planning permission from local authorities, which ensures that new housing projects align with the set targets and planning policies.
3. Infrastructure Development: Ensuring that necessary infrastructure, such as roads, schools, and healthcare facilities, is developed to support new housing.

Monitoring and Review

• Regular Monitoring: Local authorities regularly monitor housing delivery to ensure targets are being met.
• Adjustments: Housing targets may be adjusted based on changing conditions, such as shifts in population trends or economic factors.

Challenges in Meeting Housing Targets

1. Land Availability: Finding suitable land for development can be challenging, particularly in densely populated or environmentally sensitive areas.
2. Community Opposition: New housing developments may face opposition from existing residents concerned about changes to their community.
3. Economic Factors: Economic downturns can impact the ability of developers to finance and build new homes.
4. Regulatory Hurdles: Planning and regulatory requirements can sometimes delay the development process.

In summary, housing targets are a crucial tool used by governments to ensure that there is an adequate supply of housing to meet the needs of the population, promote economic growth, and achieve sustainable development. They involve careful planning, coordination, and monitoring by local authorities and other stakeholders.

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Definition: The 5YHLS represents the quantity of land that has been identified as suitable and available for housing development over a five-year period.

Purpose: The 5YHLS is a planning tool used by local authorities to ensure that there is a sufficient and continuous supply of land available for housing development to meet the identified housing needs of the community.

Implementation: Local planning authorities are required to maintain a 5YHLS under national planning policy. They achieve this by periodically reviewing and updating their development plans to identify suitable sites for housing development.

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