Tag Archives: housing supply

August 2022 issue of SPEL Journal (Scottish Planning & Environmental Law) out now

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The Scottish planning system and planning services are in the midst of a period of significant change at the moment, both as a result of strategic reforms and the transition away from the temporary changes to planning operations which were introduced as a result of the pandemic.

The Scottish Government has completed its public consultation and parliamentary scrutiny of the Fourth National Planning Framework (NPF4) and expects to put forward a revised draft for approval to the Scottish Parliament in the autumn.

There is ongoing work to develop the arrangements for the new-style local development plans, which will sit alongside NPF4 as the statutory development plan. Recent months have also seen consultations on the Open Space Strategy and the Play Sufficiency Assessment, as well as the next phase of the review of permitted development rights. The digital transformation of planning programme has also moved into its second year.

At such a busy time within the planning sector, a key resource for planners and planning lawyers is the Scottish Planning and Environmental Law Journal. Bringing together commentary and analysis from leading professionals, lawyers and academics, the journal explores current developments and case law, and is published every two months.

August 2022 issue

The August 2022 issue has just been published and includes articles focusing on:

  • NPF4, place and the 20-minute neighbourhood concept
  • Commentary on the review of the role of incineration in the waste hierarchy
  • Natural capital in the context of Scottish land use management and the goal of a Just Transition
  • The circular economy and implications for the waste sector

Each issue of SPEL Journal includes comment on key court cases. Within the August 2022 issue these include the Court of Appeal case relating to private law actions about unauthorised sewage discharges (The Manchester Ship Canal Company Ltd v United Utilities Water Ltd).

Recent developments in environmental planning, law and policy are also covered. The proposed Land Reform Bill continues its progress, with a public consultation underway. There have also been announcements relating to the Scottish Government’s drive to increase hydrogen fuel production capacity. Planning permission was recently granted for Scotland’s first plastic-to-hydrogen facility, which will be constructed in Clydebank, and new funding has been launched to support innovation in the hydrogen fuel sector.

A long tradition of supporting the professions

SPEL Journal (Scottish Planning & Environmental Law) launched over 35 years ago and is one of the leading information sources on land use planning and environmental legislation across the country.

Written by a diverse range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many outside of Scotland who wish to keep up-to-date with developments.

SPEL Journal is published 6 times a year. An annual subscription is £170. For further details or a sample copy, please contact Heather Cameron at publications@idoxgroup.com.

Celebrating the 200th issue of Scottish Planning & Environmental Law journal

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SPEL Journal (Scottish Planning & Environmental Law) has celebrated an impressive milestone this month, with the publication of its 200th issue.

Since 1980 the journal and associated annual conference have provided commentary and discussion of topical subjects, new legislation and significant court cases and planning appeal decisions.

Clearly, this would not have been possible without the contributions and support of numerous people over the years, including the Journal’s editors, editorial board members, contributors, reviewers, and readers.

Decades of change

When first established, the journal was known as “Scottish Planning Law and Practice”. As the emerging field of environmental law became increasingly linked to planning, the focus of the journal changed to reflect this.

Since its launch, the journal has traced the evolution of planning and environmental law. The 1980s were marked by a move to deregulation in planning across the UK. There was also a focus on urban regeneration and housing rehabilitation and improvement in Scotland’s urban areas. Scotland saw changes to environmental protection with National Scenic Areas established within planning legislation in 1980.

In the 1990s, major changes came with the Town and Country Planning (Scotland) Act 1997 which established the primacy of the Development Plan (Local Plans and Structure Plans) to guide future patterns of development. Environmental controls also increased due to the influence of the European Union.

In the 2000s there was an increasing emphasis on trying to integrate the historic environment into planning policy development. Scotland’s two national parks were created (Loch Lomond and the Trossachs in 2002 and the Cairngorms in 2003). In the mid and late 2000s we began to see a focus on climate change and placemaking, as well as increasing legal activity around planning for wind farms, and more recently fracking. In 2003, the Local Government in Scotland Act gave a statutory basis to community planning. The 2006 Town and Country Planning (Scotland) Act brought about significant modernisation of the planning system.

Scotland’s third National Planning Framework was laid before the Scottish Parliament in 2014, along with Scottish Planning Policy which set out detailed planning guidance. In recent years, planning policy has been increasingly linked to economic policy, for example in the City Regions and inclusive growth agendas. The process of reviewing the National Planning Framework is underway.

August 2020 issue

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many practitioners outside of Scotland who wish to keep abreast of developments.

The August 2020 issue has a typically varied range of articles. There is a discussion of new rules which allow group proceedings in Scottish courts from 31 July and whether this may lead to environmental class actions. The article notes that the group proceedings rules do not apply to judicial review or statutory appeal proceedings, which make up the majority of planning and environmental litigation in Scotland, so the impact could be limited.

Another two articles in the issue explore the consequences of the Court of Session’s “Gladman” decision in July, which relates to the policy presumption in favour of sustainable development within the current Scotland Planning Policy (SPP). The original planning application was for housing development in Kilmacolm.

A long tradition of supporting the professions

Unfortunately the 40th annual SPEL Conference, which was due to be held in September, has had to be postponed until next year. Until then, you can rely on SPEL Journal to continue its coverage of Scottish planning and environmental law.

Scottish Planning and Environmental Law Journal is published every two months. An annual subscription to SPEL Journal is £170.

For further details or a sample copy, please contact Heather Cameron at heather.cameron@Idoxgroup.com.

The private rented sector: meeting demand and improving data

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The private rented sector (PRS) has grown recently, to become a more than significant part of the housing market in the UK. A shortfall in social housing availability, and extortionate deposit costs for first time buyers has meant that demand in the private sector has grown exponentially since the 1990s, the sector now taking in clients from across the demographic spectrum.

But research has shown the demand for private rent housing is not just about finance. Increasingly, many young professionals actively choose to live in the private rented sector because they like the flexibility and locational benefits of private rents. Renting privately can mean they are able to move freely for jobs without being constrained by a mortgage, and live in city centre locations, with short commutes and close proximity to amenities like shops, restaurants, gyms and cinemas.

Despite the growing “young professional” market, the sector also (in some areas) has something of an image problem. Characterised by rogue landlords charging extortionate rents for poor quality homes, with the ability to remove tenants without reason or much notice. This negative aspect, which centres on the issue of tenant rights and security within the private sector, is something which has been discussed widely at a number of events recently, for example, at the UK Collaborative Centre for Housing Evidence (CaCHE) event we attended in Glasgow last month. It is also something which last year the Scottish Government legislated to try and mitigate.

Ensuring quality in a place people can call home

One of the other major issues that is often highlighted with PRS is the need for a minimum quality standard, bringing private lets into line with the minimum standards (supposedly) adhered to in social housing. The legislation and policing of this element of the PRS is proving more complicated to navigate, although it is something which is being discussed within the Scottish Government.

There is also the growing issue of the short-term rented sector. You cannot have failed to notice, whether you work in housing or not, the rise of sites like AirBnB and HomeAway which allow individuals to list entire properties or spare rooms out on a short-term basis. Concerns as to the growth of this market have been raised the world over. The major issues are the impact on permanent residents, who can find having new neighbours each week disconcerting, and on the local housing market more generally, as the rise of short term lets then reduces the pool available for longer term private lets. Cities like Barcelona are, however, beginning to look at how regulation and use of permits can address the negative impacts, and are being watched the world over to see if their actions will work.

How can we meet demand?

It is often said that housing is a complex flux of different sub-sectors, and that, more often than not, one cannot function effectively without the other. The PRS, the housing market and social housing are all reliant on each other to help control demand and prices and ensure that everyone, regardless of circumstance, has somewhere that they can call home.

One of the major issues with meeting demand is space and land to build; another is funding and another is understanding exactly who needs homes, and what type of homes they need. In many cases people view the private rented sector as being a stop gap for those not able to get social housing, and not able to afford a deposit for a mortgage. Although in many instances they may be right, the demographic of those renting privately now is changing, and becoming more and more varied year on year, with many young professionals and families with children now renting privately.

Understanding these trends will be key to meeting demand. In order to do this the data on housing, particularly within the private rented sector needs to improve. Research from the Urban Big Data Centre and CaCHE found that data is lacking, and that we need to improve it if we are to improve the PRS more generally.

A recent evaluation by the Welsh Government of Rent Smart Wales found that Rent Smart Wales and its database of registered landlords has provided good quality information and guidance to local authorities and landlords, as well as driving up standards within the PRS in Wales. Learning from how data collected on the Rent Smart Wales database can be maximised to provide an accessible source of information on the PRS in Wales is very important going forward, and this is something we are seeing increasingly across the sector – the desire for more data, to help those within the sector make better decisions.

What next?

A report released by LSE in June 2018 found that while the PRS has grown significantly, projections suggest that it will start to level out, and reach a state of stasis, or even decline in the coming years. Other reports have contradicted this, however, stating that unless there is an intervention or significant change in house prices, more people than ever will be forced to live within the PRS.

What does seem to be agreed upon is that better data and understanding of the sector and how to manage it is necessary and that ultimately, standards will improve across the board, with or without government intervention, but the way we view private rented sector accommodation will also change.

PRS properties will not only be buy-to-let houses, converted into HMOs, or tiny bedsits where 5 people share 2 rooms. Instead the market for sectors like build-to-rent are growing, and changing the expectations of the new generation of renters about what to expect from PRS accommodation.

In the future the ambition is for high quality, stability and housing which is suitable for a range of different tenants and their needs from young professionals and families with children, right through to older people living in retirement villages managed by a corporate landlord. It is hoped this will help stabilise rents and improve standards across the board, creating affordable places that people can plan to live in long term, with security and quality at their heart.

If you are interested in this topic, you may also be interested in the following blog posts:

Follow us on Twitter to see what is interesting our research team.

Record number of rough sleepers – is enough being done?

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homelessBy Heather Cameron

Rising for the seventh consecutive year, the number of rough sleepers in England has more than doubled since 2010. This is despite various initiatives over the years and a recent surge in political activity around homelessness.

The government has committed to halving rough sleeping by 2022 and eliminating it altogether by 2027 but given this alarming growth, it is difficult to see how this will be realised. Perhaps even more concerning is the recent revelation by the UK’s new Homelessness Minister, Heather Wheeler, that she doesn’t know why these figures have increased so significantly in recent years.

Highest ever recorded level – an underestimate

The government’s most recent annual rough sleeping count shows the highest ever recorded level. On a given night in autumn last year 4,751 people were recorded sleeping rough – an increase of 15% on the previous year and 169% since 2010.

However, the actual figure has been suggested to be much higher as these estimates only count the number of people sleeping rough on one night.

Recent research by homelessness charity, Crisis, found that more than 8,000 people were currently sleeping rough across England, predicted to rise to 15,000 by 2026, if nothing changes. The base estimate for rough sleepers across the UK is 9,100 – a figure that Crisis suggests is set to rise by 76% in the next ten years. And even these figures are recognised as an underestimate.

What’s behind this surge?

Lack of housing and rising property prices, along with government cuts and welfare reforms have been widely blamed for the increase in rough sleeping. However, Heather Wheeler has also said that she did not accept the suggestion that welfare reforms and council cuts had contributed to the rise.

Despite admitting she did not know the reason for the huge increase, Wheeler did hint at two contributory factors. She referred to a “classic” reason for rough sleeping as coming out of prison with no support and “a real problem in London with people coming over [mainly from Europe] for jobs, sofa surfing with friends, and then the job changes and they have a problem.”

Wheeler also highlighted the lack of supply of affordable housing as the real issue. Indeed, Crisis has also highlighted this as a particular issue that, if addressed, could lead to ‘particularly noteworthy’ reductions in rough sleeping.

But while lack of supply is cited as an issue by most, so too are welfare reforms and funding cuts – including by a recent parliamentary briefing paper:

“Factors identified as contributing to the ongoing flow of new rough sleepers to the streets include: welfare reforms, particularly reductions in entitlement to Housing Benefit/Local Housing Allowance; reduced investment by local authorities in homeless services; and flows of non-UK nationals who are unable to access benefits.”

A recent report from youth homelessness charity Centrepoint reported that 85% of local authorities said welfare reform aimed at young people is a barrier to delivering housing duties. It also highlighted a need for more funding.

Findings from the Institute for Fiscal Studies have also shown that government cuts mean that housing benefit no longer covers rent for almost 70% of people in social housing.

‘A step in the right direction’

Successive governments have introduced initiatives to tackle rough sleeping, including: The Rough Sleepers Initiative, No One Left Out and No Second Night Out.

More recently, there has been a surge of activity around homelessness which could provide grounds for optimism. The government has pledged £28 million for Housing First pilots in the West Midlands, Manchester and Liverpool. This approach has been proven to reduce rough sleeping in other countries and a recent study in the Liverpool City region concluded the scheme could save £4 million compared with current homelessness services.

The Homelessness Reduction Act, introduced last month, gives local authorities new responsibilities to step in earlier to prevent homelessness and support more people facing homelessness. Concerns have however been raised that councils will be unable to fulfil their new duties due to a lack of funding.

The government has also announced a new package of measures to tackle rough sleeping, which includes:

  • a new Rough Sleeping Team made up of rough sleeping and homelessness experts to drive reductions in rough sleeping
  • a £30 million fund for 2018 to 2019 with further funding agreed for 2019 to 2020 for local authorities with high levels of rough sleeping
  • £100,000 funding to support frontline Rough Sleeping workers to make sure they have the right skills and knowledge to work with vulnerable rough sleepers.

Crisis has described the government’s new rough sleeping initiative as “a step in the right direction” but argues that “it falls short of what’s required to truly end rough sleeping”.

Way forward

The evidence suggests that the rise in rough sleeping numbers is down to a number of contributory factors, including welfare reforms and funding cuts. And while the recent surge in activity is welcomed, frustration remains over the government’s failure to recognise the “baleful influence of welfare reforms”.

The chief executive of Crisis has argued that if the government doesn’t invest in social housing and change direction on welfare reform, any reduction in rough sleeping won’t be sustainable:

“We must acknowledge that the continued rise in rough sleeping is a result of welfare cuts, decline in social housing, soaring private rents and chronically underfunded support services. Until we do we will only be tackling the symptoms and not the causes.”

If you enjoyed reading this, you may be interested in our other posts on housing solutions for prisoners and Finland’s Housing First approach.

Follow us on Twitter to see what developments in policy and practice are interesting our research team. 

October 2017 issue of SPEL Journal (Scottish Planning & Environmental Law) out now

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As the recent Scottish Planning and Environmental Law conference showed, there are a number of external pressures affecting the planning system at the moment. These include the uncertainty around Brexit, the drive to achieve energy targets, and demographic changes impacting on housing supply and demand. Understanding how economic and social factors affect policy and decision-making is important, especially as we await the Planning Bill from the Scottish Government.

A key resource for planners and planning lawyers at this time is the Scottish Planning and Environmental Law Journal. Filled with commentary and analysis from leading professionals, lawyers and academics, the journal explores current developments and case law, and is published every two months.

October 2017 issue

The October 2017 issue has just been published and includes articles focusing on:

  • Community engagement with the planning system
  • Planning policy in relation to battlefields
  • Review of old mineral planning permissions

It discusses the Scottish Government’s programme for 17-18 and potential matters of interest within it of interest to planning and environmental lawyers. The latest statistics on planning authorities’ performance and the annual review of the Planning and Environmental Appeals Division of the Scottish Government are also examined.

Key court cases examined in the October 2017 edition include:

  • Trustees of the Grange Trust v City of Edinbrugh Council – Discussion of two pertinent issues in roads law
  • Wildland Ltd and The Welbeck Estates v the Scottish Ministers – Wind farm consent and impact on Wild Land Area

There is also discussion of differences in Scottish and English planning policy in relation to when presumption in favour of sustainable development applies.

A long tradition of supporting the professions

SPEL Journal (Scottish Planning & Environmental Law) launched over 30 years ago and is one of the leading information sources on land use planning and environmental legislation across the country.

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many practitioners outside of Scotland who need to keep abreast of developments.

An annual subscription to SPEL Journal is £145. For further details or a sample copy, please contact Christine Eccleson on 0141 574 1905 or email christine.eccleson@Idoxgroup.com.

SPEL Conference 2017 open for bookings

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We’re pleased to announce that this year’s Scottish Planning and Environmental Law Conference is on Thursday 21 September in Edinburgh, and we already have a great lineup of speakers confirmed.

This conference remains the flagship conference in this field, reflecting our commitment to supporting knowledge sharing and excellence within the built environment professions.

The last year has witnessed many developments which impact on the planning system and the conference will provide a space for the planning and environmental law community to discuss and debate these.

Key topics

Moves to reform the planning system continue, with a Planning Bill now expected to come before Parliament in Winter 2017. The publication in June of a Position Statement from the Scottish Government indicates their future priorities for the planning system in Scotland.

Planning Minister Kevin Stewart recently said that “I firmly believe Scotland’s planners can lead the delivery of great places, empower communities and provide a stable environment for investment through the uncertain times we live in.” However new skills, knowledge and behaviours will be required to make the ‘new planning system’ successful.

Added to this the uncertainties around Brexit, especially the possible impact on environmental legislation, and it is clear that significant changes are likely to affect the sector.

The SPEL Conference will be addressing key issues of infrastructure development, housing supply and energy strategy, as well as planning and environmental legislation.

As usual we’ll also be reflecting on recent case law and considering how it relates to daily practice. The conference is an excellent opportunity for solicitors and planners to refresh their knowledge of recent changes in planning and environmental law, as well as providing time for quality networking.

Conference programme

The programme features a broad range of speakers, bringing perspectives from the private sector, local government planning, academia and central government to bear on the issues.

Confirmed key speakers include:

  • Professor David Adams, Ian Mactaggart Chair of Property & Urban Studies, University of Glasgow
  • Dr John Boyle, Director Research & Strategy, Rettie & Co
  • Fraser Carlin, Head of Planning and Housing, Renfrewshire Council
  • Greg Lloyd, Emeritus Professor of Urban Planning, Ulster University
  • Ross Martin, former Chief Executive, Scottish Council for Development and Industry
  • Pauline Mills, Land & Planning Director, Taylor Wimpey
  • Mark Mohammed, Terra Firma Chambers
  • Alasdair Sutherland, Terra Firma Chambers
  • Robert Sutherland, Terra Firma Chambers
  • Laura Tainsh, Partner, Davidson Chalmers
  • Ian Turner, Community Empowerment Team Leader, Scottish Government
  • Rt. Hon. Brian Wilson, former UK Energy Minister, Chairman Harris Tweeds Hebrides

We’re also delighted that Stuart Gale, QC, will be chairing the conference for us.

If you’re interested in planning or environmental law in Scotland then SPEL Conference 2017 is the perfect chance to hear about the latest developments and network with others.

The 2017 Scottish Planning and Environmental Law Conference is on 21 September at the COSLA Conference Centre, Edinburgh.

The full conference programme and booking form are available here.

The conference is supported by Terra Firma Chambers.

Scottish planning reform: new opportunities or more of the same?

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spel conf banner

We’re pleased to announce that this year’s Scottish Planning and Environmental Law Conference is on Thursday 29 September in Edinburgh, and we already have a great lineup of speakers confirmed.

This event marks 25 years since the first SPEL conference and Idox is proud that it remains the flagship conference in this area, reflecting our commitment to supporting knowledge sharing and excellence within the built environment professions.

The last 12 months have witnessed many developments which impact on the planning system and the conference will provide a space for the planning and environmental law community to discuss and debate these.

Key topics

The major policy development is that we are currently awaiting a White Paper later this year from the Scottish Government in response to the Independent Planning Review report. The Government has already set out some immediate actions and longer-term work plans to be undertaken to create an “ambitious but practical programme of planning reform”.

However this agenda develops, it’s clear that the challenges facing the economy and communities remain – in the words of Kevin Stewart, Minister for Local Government and Housing, this means “supporting economic growth and house-building, whilst protecting and enhancing the quality of life of all our communities.” The SPEL Conference will be addressing these key issues of infrastructure development and housing supply.

Meanwhile the recent confusing messages from the UK Government on the new Hinkley Point nuclear power station have underlined the importance (and controversy) of energy security. The conference will include a discussion of the environmental, economic and moral consequences of Scotland’s energy choices.

The need for continued modernisation and efficiencies will be addressed in a session looking at leadership and smart resourcing. Research from the RTPI at the end of last year found that there’s been nearly a 20% reduction in planning department staff in Scotland since 2010. Gross expenditure in planning authorities has also dropped by £40 million between 2010/11 and 2015/16. Despite these pressures, councils have continued to deliver quality services but there is a very real risk around loss of skills.

As usual we’ll also be reflecting on recent case law and considering how it relates to daily practice. The conference is an excellent opportunity for solicitors and planners to refresh their knowledge of recent changes in planning and environmental law, as well as providing time for quality networking.

Conference programme

The programme features a broad range of speakers, bringing perspectives from the private sector, local government planning, academia and central government to bear on the issues.

Confirmed key speakers include:

  • Tammy Adams, Head of Planning, Homes for Scotland
  • Denis Garrity, Advocate, Terra Firma Chambers
  • John Hamilton, CEO, Winchburgh Developments Ltd
  • Greg Lloyd, Emeritus Professor of Urban  Planning, Ulster University
  • Rebecca Lunn, Professor and Head of CGEEG, University of Strathclyde
  • Ross Martin, Chief Executive, Scottish Council for Development and Industry
  • Craig McLaren, Director of Scotland and Ireland, RTPI
  • John McNairney, Chief Planner, Scottish Government
  • Stephen O’Rourke, Advocate, Terra Firma Chambers
  • Sara Thiam, Director, Institution of Civil Engineers

We’re also delighted that James Findlay, QC, will be chairing the conference for us.

If you’re interested in planning or environmental law in Scotland then SPEL Conference 2016 is the perfect chance to hear about the latest developments and network with others.

The 2016 Scottish Planning and Environmental Law Conference is on 29 September at the COSLA Conference Centre, Edinburgh.

The full conference programme and booking form are available here.

The conference is supported by Terra Firma Chambers.

Housing matters: our recent publications cover issues from homelessness to housing and health

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tiny houses 4

By Heather Cameron

The Chartered Institute of Housing (CIH) annual conference and exhibition, the largest housing-focused event in Europe, takes place this week. Over the next three days the conference will examine and explore the political and policy environment, the economic outlook and the latest thinking across the sector.

A variety of topics will be addressed, including housing supply, housing policy, social housing, welfare reform, regeneration and homelessness. These topic areas feature extensively on our database, some of which we have also written about. So this is a good opportunity to highlight some of our recent publications in this area.

What we’ve published

Our most recent ‘In focus’ briefing looks at housing retrofitting, something that has been highlighted as essential for improving the energy efficiency of our housing stock. It considers the benefits of renovating domestic properties to improve energy efficiency and environmental performance and describes the features and technologies of retrofit, such as heat pumps, combined heat and power and various types of insulation. The environmental, economic and social benefits as well as the barriers are summarised. Recent developments concerning retrofit schemes introduced by the UK government and the devolved administrations are also described, and there are examples of good practice from the Netherlands, Sweden and the UK.

Last month we published Delivering solutions to tackle homelessness (Ideas in practice), which looks at the scale of homelessness across the UK and its causes, and provides innovative examples of projects and initiatives that are tackling the problem.

The examples of innovative approaches highlighted include:

We have also written a series of blogs on the topic of homelessness. These include a look at the Christmas Dinner campaign for the homeless run by Scotland’s not-for-profit sandwich shop, Social Bite, while also highlighting the recent increase in homelessness in Scotland and the UK, and the shocking number of homeless children at Christmas.

Another blog post looks at the problem of the hidden homeless and its financial and human costs.

Digital inclusion and the social housing sector is the topic of another ‘In focus’ briefing. This looks at the benefits of digital inclusion, the barriers to digital inclusion for social housing tenants, and how these might be overcome. It refers to a 2012 report which found that almost half of the UK’s adult population who do not use the internet live in social housing, suggesting digital exclusion is a particular problem in the sector. It includes examples of good practice and highlights the importance of digital inclusion in the context of welfare reform.

We also recently blogged on this topic, highlighting one of the examples of best practice featured in our briefing: a case study of a collaboration between Reading Room – a digital consultancy which joined the Idox Group in 2015 – and Catalyst, one of the leading housing associations in London and the South East. This collaboration highlights the potential of technology for improving communications between social housing providers and their tenants, and for encouraging more people to reap the benefits of going online.

Another topic we have looked at is the integration between housing and health. Housing conditions can affect the physical and mental health of people, and can contribute to many preventable diseases and injuries. The ageing population is also putting pressure on the NHS, and growing numbers of older people have to stay in hospital longer because their homes are unsuitable for their recovery. Our briefing notes that housing associations, local authorities and healthcare providers have been working on solutions to tackle these challenges, and provides case studies from London, Tyneside and Bristol as examples of greater collaboration between housing and health services.

The challenges of an ageing population for the housing sector has also been highlighted in our briefing on meeting the housing needs of older people. It indicates that there will be a need for: adaptations to existing housing stock; mainstream rented accommodation built to accommodate wheelchair users; and newly built specialist accommodation. Examples of good practice – including case studies of extra care housing from Calderdale Council, and adapting homes for older and disabled residents in Knowsley, Merseyside – are highlighted.

This is just a flavour of what we’ve recently covered on housing-related topics, and we will inevitably produce more as the sector responds to a time of change and uncertainty.

Some of our briefings are only available to members of the Idox Information Service.

Follow us on Twitter to see what developments in policy and practice are interesting our research team. 

February issue of SPEL Journal (Scottish Planning & Environmental Law)

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spel feb 2015The Knowledge Exchange publishes a bi-monthly journal covering all aspects of planning and environmental law in Scotland. SPEL Journal (Scottish Planning & Environmental Law) launched over 30 years ago and is one of the leading information sources on land use planning and environmental legislation across the country.

The latest edition of SPEL includes articles focusing on:

Key court cases examined in the February edition include:

  • Secretary of State for Communities and Local Government v Venn – Aarhus and Protective Costs Orders
  • The John Muir Trust v The Scottish Ministers  – Protective Expenses Order
  • South Lanarkshire Council v Coface SA  – Liability for restoration payment
  • Hallam Land Management Ltd v The Scottish Ministers  – Housing supply and education infrastructure

SPEL was launched in 1980 as ‘Scottish Planning Law & Practice’, to be a journal of record of Scottish planning. When it became apparent that the emerging field of environmental law was strongly linked to land use planning, the name of our journal changed to reflect this.

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many practitioners outside of Scotland who need to keep abreast of developments.

An annual subscription to SPEL Journal is £145. For further details or a sample copy, please contact Christine Eccleson, SPEL Journal’s Advertising Manager, on 0141 574 1905 or email christine.eccleson@Idoxgroup.com.

Empty homes … Britain’s wasted resource

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Boarded up homes in Kensington, Liverpool. Image by Mikey via Creative Commons.

Boarded up homes in Kensington, Liverpool. Image by Mikey via Creative Commons.

By Heather Cameron

Government statistics indicate that there are just over 635,000 empty properties in England, with a third lying empty for six months or more. In Scotland, there are around 23,000 ‘long-term’ empty homes (unoccupied for six months or more) that are liable for Council Tax.

With increasing house prices and a continuing rise in homelessness, the demand for affordable homes in the UK is unlikely to subside. And with new housebuilding unable to keep up with demand, bringing empty properties back into use would seem an obvious solution that could go some way to easing the housing crisis as well as addressing the blight caused to local communities by empty properties.

Unsightliness, loss of amenity, anti-social behaviour, pest infestations, the devaluing of neighbouring properties and a negative impact on people’s health have all been cited as potential outcomes of empty homes.

However, while the government claims to be committed to reducing the number of empty homes, recent welfare reforms appear to contradict such intentions.

A recent Inside Housing article on empty homes in County Durham, suggested that the bedroom tax has had a direct impact on the increasing number of vacant properties in the area, with many landlords seeing an increase in the number of voids following its introduction. Single people used to be housed in two-bedroom properties (which make up the majority of the empty properties in the area), but this is no longer an option as the bedroom tax cuts the housing benefit of people under-occupying by up to 25%.

This has also had a knock-on effect on the costs to social landlords due to maintaining vacant properties. Local housing association, Accent, estimates that its vacant homes are costing it £600,000 per year due to costs like council tax and security.

Tackling the issue

Despite recognition of the problem, powers to help bring empty homes back into use have seemingly been underused by English councils. Empty Dwelling Management Orders (EDMOs) were only used 17 times in 2014, with councils preferring to use other powers such as council tax charging and compulsory purchase orders, despite EDMOs being specifically designed for the purpose.

A spokesperson from the Local Government Association (LGA) suggests that “the existing powers open to councils are complex and difficult to use. The government should simplify existing powers to support local authorities to bring empty properties back into use.”

In a report at the end of December 2014, the Institute for Public Policy Research (IPPR) has similarly argued that local authorities should be offered an enhanced set of powers to address the problem of empty homes. It recommends two changes to the current rules:

  • The existing cap on the ’empty homes council tax premium’ should be removed, effectively allowing local authorities to determine their own banded premiums charged on long-term empty dwellings.
  • Local authorities should be allowed greater discretion to tax long-term empty dwellings appropriately, and to ensure that those holding on to an empty property contribute more to the economic costs of providing housing for those in need.

Indeed, councils have previously called for the compulsory purchase order system to be simplified to bring empty homes back into use so perhaps such changes would make a difference.

Good practice

There are recent examples of good practice in reinstating empty homes through various approaches, such as homesteading, refurbishing and leasing, and repairing and selling.

Stoke-on-Trent City Council, for example, bid for funding from the Clusters of Empty Homes Fund so that it could renovate 124 long-term empty properties and bring them back into use.  The redeveloped properties were offered for £1 each to carefully selected buyers who had shown they would be actively engaged in the area’s regeneration.

According to the council’s Director of People, this initiative has resulted in the restoration of local pride and a new-found sense of community ownership that will drive lasting improvements.

Further reading

Some resources may only be available to Idox Information Service members.

Playing ‘house’ (redevelopment of empty homes), IN MJ, 15 Jan 2015, p21

Tackling the housing crisis: alternatives to declining standards, displacement and dispossession (2014) Centre for Labour and Social Studies

Re-imagining regeneration: empty and difficult to let homes (2014) National Housing Federation

Landlords revise threat of universal credit after delays, IN Inside Housing, 5 Dec 2014, pp10-11

Broken market, broken dreams: let’s end the housing crisis within a generation (2014) National Housing Federation

Ideas for change: community-led self-help housing, IN New Start, No 526 Nov 2014, pp1-7

Filling the void (Helena Partnerships and the private rental market), IN Inside Housing, 24 Oct 2014, pp28-30

Cutting back on waste (bringing empty homes back into use), IN Property Journal, May/Jun 2014, pp44-45

Evaluation of the Empty Homes Community Grants Programme (EHCGP): Midlands region (2014) University of Birmingham