A/HRC/25/54/Add.2 A. Housing policies and planning reforms 35. In England, several aspects of the planning system underwent reform that had as its objective addressing obstacles that discouraged or stalled development. This included a new National Planning Policy Framework (2012); amendments made in 2013 to section 106; and measures introduced through the Localism Act (2011).49 The Localism Act sets out a series of measures aimed at shifting power towards local government and communities. The Act abolishes regional strategies, legally required since 2004, which were seen as a centrally driven, bureaucratic and undemocratic approach to development. Local planning authorities are now encouraged to put in place a pro-growth Local Plan; they are also expected to demonstrate a five-year housing land supply, and to grant planning permission swiftly, except in cases where there would be significant adverse impacts. 36. Article 7 of the Growth and Infrastructure Act of 2013 modified the section 106 scheme in England. It was made more flexible through the creation of a right to appeal for developers, with a view to speeding up access to planning permits, allowing for faster completion of new housing units. The changes require a council to assess the viability arguments, to renegotiate previously agreed affordable housing levels, and change the affordable housing requirement or face an appeal.50 37. Some would argue that easier access to planning permits, without any sanctions on land speculation, may in fact lead to further land banking, a practice which encourages developers to exercise pressure to receive permits, and then keep land with permits as an asset in itself, rather than developing housing in the short term.51 38. Additionally, other initiatives were put in place in England to favour the housing market. One such initiative is the Growing Places Fund, aimed at addressing infrastructure constraints in order to unlock housing development. Another is the release of public land, a policy based on the estimation that about 40 per cent of sites suitable for development are owned by the public sector.52 The land to be released will be sold to private developers for the highest bid, to deliver housing units. Once land has been released, the Local Planning Authority will determine the type of residential developments to be built. There is no conditionality to prioritize affordable housing in response to the pressing needs in the lower end of the spectrum. 39. A package to stimulate the housing market and the economy through Government guarantees for equity was launched. To help people gain access to mortgage finance, the Government has introduced three schemes: the New Buy Guarantee Scheme; Help to Buy equity loans; and Help to Buy mortgage guarantees (available across the United Kingdom).53 Some critics have noted that these measures may fuel a house-price bubble, undermining the Government’s aim of increasing access to housing. 40. The Right to Buy (for council homes) and Right to Acquire (for housing association homes) schemes are also in place, allowing social housing to be sold to sitting tenants. Right to Buy applies to secure tenants who have had a public sector landlord. In England, since 2012, discounts under the Right to Buy scheme can go as high as 75,000 pounds, and since March 2013, as high as 100,000 pounds in London. The situation varies: in Wales, for 49 50 51 52 53 10 See DCLG, A Plain English Guide to the Localism Act (2011). See www.pas.gov.uk/3-community-infrastructure-levy-cil/-/journal_content/56/332612/4090701/ARTICLE. Kathleen Kelly, “Taxing question”, November 2013 (http://m.insidehousing.co.uk/ 6529375.article?mobilesite=enabled-). DCLG, “Accelerating the release of public sector land: update, overview and next steps” (2011), p. 6. See https://www.gov.uk/affordable-home-ownership-schemes.

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