Government has set out the next steps for the Levelling Up and Regeneration Bill as it progresses through Parliament, with the adoption of government’s own amendment (NC68), which relates to custom and self build.
Put forward by Secretary Michael Gove, NC68 sets out to provide clarity by removing the phrase “suitable” from the clause: “Duty to grant sufficient planning permission for self-build and custom housebuilding”.
Currently the legislation reads:
2A (2) An authority to which this section applies must give suitable development permission in respect of enough serviced plots of land to meet the demand for self-build and custom housebuilding in the authority’s area arising in each base period.
and this would become:
2A (2) An authority to which this section applies must give development permission for the carrying out of self-build and custom housebuilding on enough serviced plots of land to meet the demand for self-build and custom housebuilding in the authority’s area arising in each base period.
The amendment would also remove the vague word could, completely deleting the following clause:
2A 6(c)development permission is “suitable” if it is permission in respect of development that could include self-build and custom housebuilding.
This amendment sets out that planning permission only counts towards meeting the demand for custom and self build if it actually is custom and self build housing.
While Richard Bacon MP tabled two amendments, NC112 and NC115, these have not been included in the current 2nd reading stage in the House of Lords. Bacon made these amendments in line with Recommendation Five of the 2021 Bacon Review, which called for changes to the Right to Build legislation.
Ricard Bacon’s suggested amendments:
NC112 would have strengthened the recognition that most custom and self build homes are built by companies on behalf of individuals, and not by the individuals themselves, but that for the purpose of the legislation these people must have, “the main input into the full design and layout from the individual or individuals who will be the future occupiers.”
NC115 related to the way that the duty for local authorities to grant sufficient planning permissions for custom and self build housing was applied, suggesting that development permissions must cite precise numbers of dwellings that fall into the defintion of custom and self build housebuilding, and be subject to a precise planning condition or obligation to ensure they are delivered as such. It also required that a council’s register should be cumulative.
The amendments to the Levelling Up and Regeneration Bill set out to strengthen the legislation in terms of custom and self build, which NaCSBA welcomes, especially as they should improve the situation around counting permissions, which remains problematic.
