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Chapter 5 - HOUSING continued

5.13 DEVELOPMENT IN EXISTING RESIDENTIAL AREAS

5.13.1 Development in existing residential areas, whether by the redevelopment of existing dwellings or 'backland' development, may provide additional dwellings to meet the housing allocations referred to in Strategic Guidance and The draft London Plan. But such development can have a severely detrimental impact on the character of the surrounding residential area and on the amenities of adjoining dwellings. In some areas, including Conservation Areas and Areas of Distinctive Residential Character, such development proposals may be inappropriate. Where 'backland' or redevelopment schemes may be acceptable, they must be designed so as to be in keeping with the surrounding area, and generally at a compatible density.

5.13.2 'Backland Development' is housing development on land behind the rear building line of existing housing (including where this is being redeveloped), either formally used as gardens or partially enclosed by gardens. In assessing proposals for this type of development, special emphasis will be placed on the potential impact on the privacy of existing dwellings and from the additional traffic generated. In addition proposals will be assessed in relation to the impact of the loss of garden areas which individually and cumulatively have a nature conservation value and make a positive contribution to the diversity of flora and fauna in the Borough. Satisfactory access will need to be provided, and problems of community safety will need to be addressed. If rear gardens of existing dwellings are subdivided, existing dwellings must retain garden areas commensurate with their size and general character. The Council will regard 10m as the minimum rear garden depth to protect privacy although other planning requirements may result in a greater depth in some circumstances.

5.13.3 'Frontage Redevelopment' involving the demolition of existing houses for new development can radically alter the appearance and quality of the street scene, particularly in areas with dwellings of a consistent and attractive character. New development extending into the rear of the site can also result in a loss of privacy and general amenity to adjoining dwellings. Frontage developments to higher densities should respect the character of the area. For example, redevelopment of a large detached property would be better in the form of a block of flats rather than the introduction of an alien terrace.

5.14 SUB-DIVISION OF EXISTING HOUSING - FLAT CONVERSIONS

National and Regional Policy Context

5.14.1 PPG3 promotes the sub division and conversion of existing dwellings as an important source of new housing provision (paras 21 & 41). Guidance which is reiterated at regional level in RPG9 (Policy H5).

Metropolitan Policy Context

5.14.2 RPG3 identifies the subdivision of dwellings into flats as one of the four key areas where boroughs need to demonstrate that they have sought to increase provision. “Boroughs should...review policies so they encourage rather than hinder the conversion of existing dwellings.” (para 4.18). RPG3 goes further to state that;
“In particular, parking standards should not be used unnecessarily to restrict the supply of conversions, especially where the location is well served by public transport. Boroughs which wish to have generous minimum parking standards in such areas will need to give a full and adequate reasoning as to why such standards are deemed necessary.” (para 8.16).

5.14.3 Conversions were identified as an important source of new housing provision in the London Housing Capacity Study (London’s Housing Capacity, GLA, 2000) which has informed The draft London Plan (Table 3A.1).

Borough Policy Objectives

5.14.4. The conversion of existing houses into two or more flats is an important means of increasing the number of dwellings in the Borough and can also make a valuable contribution to the rehabilitation of the housing stock. The broad approach of the Council, therefore, is to encourage conversion activity as long as the units so created form satisfactory dwellings and provide a range of unit sizes.

5.14.5 There are, however, a number of specific circumstances in which conversions are not normally acceptable, or need to be restricted. Firstly, where they lead to a loss of small purpose-built family dwellings which meet a specific housing need in a Borough with a disproportionately high number of larger families. The Council therefore needs to ensure the retention of small purpose built houses and flats, in order to retain mixed and balanced communities with a variety of housing sizes.

5.14.6 Secondly, conversions are not acceptable, where access to the property would be dangerous i.e. directly from a trunk road or where vehicles would reverse onto the Strategic Road Network (see also Policy TRN15). Thirdly, on some streets the configuration of properties do not lend themselves to conversion. An example is Windsor Crescent, a street of three storey town houses with very narrow frontages where the layout of the original dwellings, although exceeding 110m2, precludes satisfactory conversion.

Definition of Original Floor Area

This is calculated so as to exclude any extensions, garages (including converted garages) or loft conversions to the original (i.e. pre-1948 unextended) property. The calculation excludes the area of outside walls but includes inside walls, partitions, cupboards and chimney breasts. Only the floorspace of rooms with an existing headroom of at least 2m is counted.
Improving the quality and design of conversions

5.14.7 Much of the concern about flat conversion activity in the 1980s related to the poor quality of many of the conversions. Whilst the Council would previously have had limited control over most internal standards RPG3 states that “Boroughs may consider identifying criteria to encourage a good quality of [flat conversion] development.” (para 8.16). Ministerial decision on appeal has also held that converted flats must be suitable for occupation and have adequate natural light. Sound insulation between converted flats is subject to provisions under the Building Regulations.

5.14.8 New dwellings created through conversions provide an important means of increasing the range of dwelling sizes available to people seeking accommodation in the Borough. The Council is concerned that such units should provide good standards of accommodation, meet a variety of housing needs and do not result in over-intensive use of the property.

Flat conversion and on-street parking

5.14.9 Brent has always taken a positive approach to flat conversions. It has encouraged conversion of suitable property unless it leads to dangerous on-street parking or excessive forecourt parking. In effect the Borough has not had a conventional 'off-street parking requirement' and operates a flexible approach which would allow flat conversions without off-street parking in other than ‘heavy parked streets’. On heavily parked streets there is clear evidence that intensive conversions generate additional on-street parking pressure and this causes a problem, it is difficult to enforce at night and causes difficulties for the emergency services. Here there is a need to assesses the on-street parking impact and a 'unit restriction' policy applies, to prevent over-intensive conversions.

5.14.10 As the basis for this the Borough has operated a regular overnight parking survey. It measures the percentage of cars parked on-street of the safe and legal maximum level of parking. At over 80% safe two-way flow is hindered and is classified as 'heavily parked'. Streets cease to be defined as 'heavily' parked only after they fail to meet the relevant criteria for two consecutive years. Streets in excess of 400m in length are considered in separate blocks. Streets or parts of streets that currently fall into these categories are listed in Appendix TRN3. The justification for an overnight parking survey is that this is the best measure of the difficulty of parking for residents and means that on-street parking by shoppers, commuters, employees etc. do not affect the survey figures.

5.14.11 Over time, and in conjunction with the implementation of the Borough's parking strategy, it is hoped to have a phased reduction in the Borough's residential parking standards. The Plan’s standards also include a reduced standard for developments by registered social landlords; reflecting lower car ownership as a disproportionately high number of low income households comprise the 37% of Brent households without access to a car (Census 2001). It should be noted that this does not apply to private leasing schemes (as an appeal has held that these do not secure affordability in perpetuity). As many cars are parked on-street most of the week, but only occasionally used, the suggestion has been made that use be made of so-called 'Car Clubs' - where residents pay for access to a shared car. These are becoming increasingly common on the continent and in such schemes one car typically replaces six previously. A relaxed attitude to parking for residential development (including conversions) operates in these circumstances.

5.15 FLATS OVER AND ADJOINING BUILDINGS IN SHOPPING CENTRES

5.15.1 PPG3 encourages the provision of residential accommodation above shops and commercial buildings and advises authorities to take, where possible, “...a more flexible approach to development plan standards with regard to densities, car parking, amenity space and overlooking.” (para 41). Guidance which is reiterated at regional level in RPG9 (Policy H5).

5.15.2 RPG3 advises that the housing use of vacant premises above retail and commercial buildings “...should be encouraged and facilitated through planning policies.” (para 4.14). Guidance which is reiterated in The draft London Plan and detailed in the recent draft Best Practice Guidance (Making Better Use of Supermarket Sites, GLA , 2004).

5.15.3 This is one area of potential housing provision that can particularly meet the needs of smaller households and contribute to town centre regeneration and reducing the need to travel. Changes to residential parking standards permit a more flexible approach to conversions of non-residential accommodation and a much lower standard for affordable housing and housing in town centres. In some circumstances 'car-free' housing may be permitted. However it should not be used to justify over-intensive extensions, use of roofs or sub-division of floors - which could lead to rear service roads being blocked by parked cars.

5.16 DOMESTIC EXTENSIONS

5.16.1 Extensions and other building alterations can provide significant improvements to the Borough's dwelling stock in terms of the physical renewal of buildings and the increased availability of dwelling rooms and bedspaces. However, such development should respect the local character and streetscene of an area. Such development is also recognised as meeting the special needs of large families. In providing a flexible response to changing social and demographic needs, applications for extensions and alterations will be acceptable provided they meet the requirements of policy. Additional guidance is provided in SPG5 Altering and Extending your Home.

5.17 RESIDENTIAL AMENITY

5.17.1 The Council generally seeks to protect the environment of residential areas from the intrusion of uses that are incompatible with residential areas by virtue of noise, nuisance, disturbance, pollution etc. The particular problems associated with industrial activities that may cause a nuisance in residential areas are dealt with in the Environmental Protection and Employment chapters.

5.18 supported HOUSING

5.18.1 The greater emphasis on community care for the disabled, elderly people, children in need and others, whereby they are moved from large institutions to smaller scale residential accommodation within the community, has contributed to a trend of applications for supported housing and day-care provision.

Definition

5.18.2 Supported housing refers to housing with care for those who are unable to live independently in their own homes. The level of care can vary from 24 hour residential cover (such as in a nursing home) to an officer calling in on a regular basis (for example, supported housing provided by a housing association). As long as there are more than six occupants and care is provided, this type of housing falls within use class C2 (residential institution) along with hospitals and residential schools and colleges. If there is six or less occupants (whether with or without care) then the dwelling falls within C3 (dwelling) use class. This section excludes non-supervised (including that for young single homelessness, refugees and students) and minimum care provision hostels, such as ‘Bed and Breakfast’ homeless hostels, which is a separate use. Policies in this section also cover non-residential day-centres for those in special needs.
5.18.3 Supported housing should not be considered in isolation from mainstream housing. Recently there has been a blurring of the distinction between supported and mainstream housing, with the emphasis on allowing people to remain in their own homes as long as possible. For example, many people with special needs (such as those with a physical disability) would be able to live in mainstream housing if there was greater provision of easily adaptable housing (such as those meeting lifetime homes criteria, or wheelchair access capability). Alternatively if there was greater provision of supported accommodation (meeting a particular identified need), then this would result in the freeing up of (frequently under-occupied) mainstream housing.

National and Regional Policy Context

5.18.4 PPG12 advises that development plans should consider the specific needs of particular population sectors such as the elderly, disabled and disadvantaged people. Advice reiterated in PPG3 (para 13).

5.18.5 RPG9 advises that development plans should “...meet the assessed needs of all sectors of the community, including elderly and disabled households...” (Policy H4).

Metropolitan Policy Context

5.18.6 RPG3 specifically recognises the specialised housing requirements of groups such as the disabled, the elderly, the chronically or terminally sick, those subject to care in the community, women seeking refuge, students and those living in hostels. It notes the need for different types of housing to meet those needs, having regard to the Borough's Housing Strategy statement. It recommends that policies for special housing should be flexible but should encourage a mix of housing provision.

5.18.7 RPG3 also states that UDP's should:

• Clearly define the definitions and categories they are using to define supported housing, and have policies meeting each specialised need;
• Identify sites particularly suitable for supported housing provision and have regard to their location in respect of other uses and transport facilities; and
• Show what standards will be applied in negotiation with developers to meet the needs of the disabled (4.27).

5.18.8 Draft London Plan Policy 3A.4 Housing Choice enjoins boroughs that their UDPs should include provision for appropriate supported housing.

Who is in Need of Supported Housing in Brent?

5.18.9 Brent’s Housing Strategy identifies the key groups as: elders, and people with mental health, drugs and alcohol, learning disability, physical disability and HIV / Aids problems, single homeless people and children and young people. This does not mean that people who fit a particular category necessarily require supported housing, nor that there are not other special needs groups in the Borough.

Clarification of Planning Considerations

5.18.10 SPG2 lists the issues that the Council can and cannot take into account when considering a planning application. In addition this section aims to clarify two issues which are frequently mentioned as objections.

5.18.11 Fear of Crime; Public perception of harm has been held by the Courts to be a material planning consideration where there is clear evidence that harm will be caused.

5.18.12 Level of Care Inside the Facility; This cannot be considered material in planning terms where this relates to the care of residents, rather than the level of amenities provided and the management of impact on residential amenity. Children’s, residential care and nursing homes in the Borough are monitored by Social Services and the National Care Standards Commission as appropriate. Other forms of supported housing in the Borough are regulated internally or through meeting the criteria by which they get their funding. Therefore it would not be appropriate for the Borough to dictate any particular level of care - such as 24 hour supervision - unless there are exceptional grounds to do and this is not regulated by other means. However such management agreements should be submitted with and secured as part of planning application which consider, for example, management of activity on the street. Improved links between Planning and Social Services are ensuring that the nature of the supported housing development (including the level of care) is submitted with the planning application, which in many cases will help calm public fears.

Location & Concentration

5.18.13 Mapping decisions since 1992 indicates that the permissions granted are relatively evenly distributed throughout the Borough. However against the backdrop of the existing supported housing provision, it is apparent that there is a concentration of mental health provision in parts of the Borough. Particularly in Harlesden where there is a clear perception amongst education, health and social service providers in this area, that this is over-stressing local services.

5.18.14 For people living in special forms of accommodation and their visitors, proximity and safe and convenient access to local facilities and public transport are important. A location which required people to cross busy main roads to reach these facilities would be unacceptable. Proximity to local shops and services is of particular importance to the elderly and to people with mobility difficulties who are still sufficiently mobile to make use of these facilities. Some developments that rely on coach and mini-bus movements will be permissible only where their location allows for satisfactory access arrangements to cater for these vehicles. Identical locational considerations also apply to day centres which the policy also covers.

Nursing Homes & Residential Care Homes

5.18.15 Non-borough residents have occupied much of the nursing home / care home developments in the Borough. This has lost housing land and is overstraining local services. Therefore additional nursing homes / care homes will not be considered to meet the 'needs test' in the policy unless the applicants can demonstrate clear evidence of local need.

5.18.16 Conversion of small properties (with or without extensions) to provide supported housing accommodation can cause harm through overintensive use .

5.19 SHELTERED HOUSING

5.19.1 Sheltered housing is defined by the National Housing and Town Planning Council as "housing which is purpose-built or converted exclusively for…elderly people with a package of estate management services and which consists of grouped, self-contained accommodation with an emergency alarm system, usually with communal facility and normally with a resident warden".

5.19.2 At one end of the spectrum are self-contained units with reduced communal facilities. These are referred to as 'Category I Sheltered Housing' and fall within the C3 use class. At the other is grouped flats with greater communal facilities and warden support. These are termed Category II Sheltered Housing. Where sheltered housing does not meet the Plan’s affordability definition, the Council will require a proportion of affordable housing within a sheltered housing scheme, where this is practicable; as Brent’s draft Older Persons Housing Strategy (2004) has identified a substantial underprovision of affordable sheltered housing in the Borough. Further advice on this will be provided in supplementary planning guidance. The affordable sheltered housing stock formerly provided by the Council has been transferred to RSL management.

5.19.3 Sheltered housing schemes need to be located near to local shopping facilities and in locations with moderate or better public transport accessibility, because of their lower car ownership and reduced mobility. For this reason special reduced parking standards apply. However, it is necessary to control occupancy by condition to persons 60 years or over or their partners or surviving partners. There is less likelihood of stress on local medical
services or increased concentration of elderly residents than
supported housing as most residents are likely already to reside in the area.

5.20 ACCESSIBLE HOUSING

National and Regional Policy Context

5.20.1 Planning Policy Guidance Note 1 recognises that “Proposals for the development of land provide the opportunity to secure a more accessible environment for everyone, including wheelchair users...” (para 33). Planning authorities are therefore advised to consider “... the need for accessible housing.” (para 33). PPG3 and RPG9 stresses that accessible housing should be enabled where local needs assessment warrants.

5.20.2 Planning and Access for Disabled People: A Good Practice Guide (ODPM, 2003) provides detailed advice on the provision of new housing that is accessible by people with disabilities in accordance with the Building Regulations Part M.
Metropolitan Policy Context

5.20.3 RPG3 recognising that some boroughs have historically sought to require ‘mobility standard housing’ advises “it is important that sufficient housing is provided or adapted to meet the needs of those with disabilities “ (4.25).

5.20.4 The GLA Household Survey (2002) estimates that meeting London’s current very substantial shortage and future need will require 23,000 new wheelchair accessible homes in the next ten years. The Draft London Plan Policy 3A.4 accordingly requires that:

• All new housing is built to ‘lifetime home’ standards; and
• Ten per cent of new housing is designed to be wheelchair accessible or easily adaptable for residents who are wheelchair users.
The Mayor has recently published draft Accessible London Supplementary Planning Guidance detailing how draft Policy 3A.4 can be implemented.

5.20.5 Lifetime Homes (originally promoted by the Joseph Rowntree Trust) incorporate requirements, such as having ground floor bed space and a wheelchair accessible ground floor toilet. The idea is to design all housing so that those who become moderately disabled can continue to live in their existing homes. Also they can be more readily and cheaply converted if disability becomes more severe. It should not be considered as supported housing rather as extending general needs housing to meet the needs of a lifetime. A reduced version of the standard is required to satisfy Part M Building Regulations. Although this matter is partially covered by the building regulations, planning will still have a role in ensuring accessibility to entrances from the outside environment.

5.20.6 Wheelchair housing is specifically built to meet the needs of wheelchair users (Wheelchair Housing Design Guide, National Wheelchair Housing Group, 1997). Most of this new housing is currently being provided through affordable housing schemes. General market housing can later be adapted to close to this standard through the widespread introduction of the lifetime homes standard.

Brent’s Accessible Housing Needs

5.20.7 Brent’s Housing Needs and Stock Condition Surveys (2003) have estimated that the Borough has 9,286 households with a physically disabled resident(s). 1,252 of whom require accommodation with a wheelchair accessibility not presently provided. This need is identified across all tenures but is particularly prevalent in the owner occupation sector where demand greatly exceeds supply. Brent’s draft Older Persons Housing Strategy (2003) has also identified a disportionate need for accommodation suitable for older residents.

5.20.8 The Council intends therefore, following a review of the Borough’s recent lifetime and wheelchair accessible homes development, to prepare Supplementary Planning Guidance as to how the historic severe shortfall between this demand and supply can be addressed through the planning system.

5.21 Hostels And homeless accommodation

Definition

5.21.1 Hostel accommodation is a ‘sui generis’ use (as identified by the Use Classes Order, 1987). The use of residential accommodation for temporary sleeping purposes for less than ninety consecutive nights is a material change of use requiring planning permission (GLC General Powers Acts 1973 and 1983). A change of use from a hostel to a hotel (Use Class C1, ‘tourist accommodation’) will require planning permission, as will a hotel housing a material number of homeless families and persons.

5.21.2 Policy H27 encompasses types of hostel provision, such as

• Foyers, combined residential and employment training provision for young persons;
• Purpose built hostels for students and workers;
• Youth Hostel type premises providing short term, budget accommodation, with very basic amenities, for, mainly young, ‘tourists’; and
• Homeless temporary accommodation i.e. on a ‘Bed and Breakfast’ basis.
Hostels for the Homeless

5.21.3 Over the last two decades, the persistence of homelessness has been the most graphic reminder and expression of the Borough’s housing need. The Borough has a rising number of homeless families. There are currently over 4,000 homeless households in temporary accommodation provided by the Council. Historically many of these would have been in so-called 'Bed & Breakfast' (B&B) hostel accommodation, but the Council has been able to steadily reduce such usage to a fraction of the former situation by using a wide range of accommodation, including short term private leased homes, short -life housing and purpose built hostels, providing much superior accommodation. The Council hopes to end the use of ‘B&B’ accommodation for its own homeless families, for all but the most short term emergency use, by April 2004, in line with Government strategy, and hopes that other boroughs, whose own homeless placements account for the majority of Brent’s ‘B&B’ family occupants, will follow suit.

5.21.4 The use of 'B&B' hostels for the accommodation of homeless persons, albeit on a temporary basis, has long been recognised as an expedient but unsatisfactory solution to acute housing need. For the majority of such residents the accommodation is generally too small and too limited in the amenities available for normal day to day living. For neighbours, the greater intensity of use associated with a hostel use can impose marked changes in the character of an area. Hostel development can also lead to the loss of permanent residential units (typically Use Class C3) contrary to UDP Policy H8, thus compromising the capacity to find long term housing solutions and hence contributing to an increase in the underlying causes of homelessness. Indeed, the need of homeless persons, is permanent housing.

5.21.5 The Council recognises that it is necessary to ensure that Brent’s temporary accommodation supply is prioritised, in so far as possible, to meet Borough needs. At times when preferred alternatives are in short supply, there may exceptionally be a case for granting a limited number of temporary consents for hostel accommodation to meet the short term needs for emergency homeless accommodation. In considering the desirable time period the Borough will need to balance the desire of ensuring persons are placed for short time periods only and the need for proprietors to underwrite investments. There can be no guarantee that applications to renew temporary consents will be renewed. The reversion to residential may be secured and the conversion to hotels resisted.

5.21.6 It is important that Brent has first call on such accommodation - rather than other boroughs. The legitimacy of restricting to 'Brent only' registered homeless people has been upheld on appeal. None-the-less proprietors have to invest heavily in properties to bring it up to standard and they risk losing their livelihood if Brent requirements fall. Therefore occupancy will be restricted by condition so that Brent homeless residents have 'first-call' when rooms become vacant, but that otherwise they can be let short-term, individually, to other boroughs. To put the needs of individual proprietors of hostels above this concern would be to put a private interest above a public one.

5.21.7 Those in homeless accommodation have a much higher proportion of special needs than the national average especially where hostels can be accessed without reference from a specialist agency (i.e. so-called 'direct access' hostels for the street homeless). Therefore the same locational principles applying for supported housing applies to these. To prevent accommodation for the street homeless 'silting up' there is an urgent need to secure increased 'move on' accommodation. These facilities require a high level of staffing and support. Temporary winter shelters for the homeless often come forward with very short lead in times. Brent will process and treat such applications sympathetically.

5.21.8 RPG3 advises that planning policies controlling hostel provision should be criteria based and also, in the case of purpose built student and worker accommodation, should aim to secure their location so as to minimise the travel need (para 4.26).

5.22 GYPSY / TRAVELLERS SITES

5.22.1 RPG3 advises that development plans should support the provision of sites to accommodate Gypsies and Travellers where there is a local identified need by indicating appropriate locational and other criteria in accordance with Circular 18/94.

5.22.2 The Draft London Plan Policy 3A.13 states that boroughs should protect existing sites and review their current pitch capacity. Additional sites should be provided to satisfy unmet need but these should not be located on Metropolitan Open Land or other open land protected from development.

5.22.3 The Council has provided a modern, well equipped site on Great Central Way, as a response to a study into the need for such facilities in the Borough. Proposals for private sites, including those in respect of ‘travelling showpeople’ will be evaluated in accordance with the above Government and draft London Plan criteria.

------- Appendix (table) ---------

Appendix H1:

Brent Key housing information

1. Existing Housing Stock
Table 1: Household Composition
Total Households with residents 99,991
Average household size 2.61 persons
One Person Households 28.9% (34.7% London)
Five + Person Households 12.1% (8.3% London)

Source-(Tables 1,2,3)- Census 2001

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Appendix H2:

Securing Affordable Housing

The Council proposes to, as a general rule, use standard clauses - either as planning conditions or obligations as appropriate - linked to strict definition of terms in the UDP- to secure affordable housing; especially when to be provided by registered social landlords & for speculative developments. If funding is not available the 'cascade' format suggested in Circular 06/98 (para. 19) would call into play the procedure in the next section. Such conditions will also be appropriate where the proposed lower parking standard for affordable housing is used. In most cases involvement of a registered social landlord per se will be considered sufficient to secure affordability in perpetuity. Very few Borough residents in housing need will be in a financial position to exercise their rights under the housing acts to use purchase grants to 'staircase' to partial or full ownership. On some high value sites however it may be necessary to secure affordability in perpetuity through removing the section on rights under the housing acts / 'staircasing'.

Proposed Scope of Requirement:

The use of the residential accommodation secured as affordable housing as part of planning permission shall secure, as such, a minimum number of X units available to Brent residents provided as a result of the total development. The provisions of this agreement shall:

(1) Not bind any mortgagee of the provider of affordable housing or any receiver or manager (including an administrative receiver) appointed pursuant to the Law of Property Act 1925 or otherwise by a party who has provided loan facilities to the provider of affordable housing;
(2) Cease to apply to any part of the affordable housing land and the affordable housing units on such part being transferred or leased by any mortgagee of the provider of affordable housing or any receiver or manager (including an administrative receiver) appointed pursuant to the Law of Property Act 1925 or otherwise by a party who has provided loan facilities to the provider of affordable housing;
(3) Cease to apply to any part of the affordable housing land and the affordable housing units where the provider of affordable housing shall be required to dispose of any part pursuant to a right to buy under the Housing Act 1985 or the Housing Act 1996 or any similar or substitute right applicable or the initial grant of a shared equity lease granted in respect of any part or shall be required to sell to a tenant with the benefit of a voluntary purchase grant provided under the Housing Act 1996 (or any similar provision in subsequent legislation).

Provision of ‘Affordable housing’, in this context means use by, or first sale to, a body for the purposes of providing housing accommodation to meet the objectives of a registered social landlord (being a registered housing association, trust or co-operative eligible to receive a Housing Association Grant).
Despite the above there may be occasions where a developer claims that affordable housing cannot be provided on site and they may apply to discharge a condition or obligation, where they claim to have offered a site to a provider of affordable housing at nominal or no discount. It is the clear intention of Government policy on funding social housing that units gained through planning should be additional and not a drain on limited capital funding. The Council will therefore take the following position so gains in land value are not subsidised.

Applications to remove affordable housing requirements

The Council will not approve an application to remove an affordable housing condition / obligation or reduce provision from such a condition / obligation unless there has been no demand for the land / units, or a reduced proportion of the land / units, from a registered social landlord of units of a form / location meeting their requirements.
These should have been actively marketed over a reasonable period to all such bodies operating within Brent; at no more than site preparation costs reasonably relating to that part of the site, plus existing use value, and where this valuation has been confirmed by an independent valuer (approved by the Council and paid for by the developer). Where a relaxation is permitted first consideration will be given to off-site provision followed by an alternative scheme of low-cost market housing on site.

Appendix H3:

CALCULATION OF DENSITY
Density is calculated as follows:

Number of Habitable Rooms
Site Area

Definition of a habitable room
Habitable rooms are all rooms except hallways, bathrooms, WCs, laundry rooms and storage cupboards. Only kitchens of above 13 sq.m. count as habitable rooms. Bedsitting rooms are counted as 1.5 habitable rooms. The maximum size for a single habitable room is counted as 18 sq.m, where the room could be easily subdivided to provide an additional bedroom. Larger rooms are counted as 2 habitable rooms.

Site Area
For purposes of calculating residential density, site area includes the part of the site used for residential purposes, together with associated amenity and landscaping space. It excludes existing or proposed areas of public open space which bound or are contained within a site. It also includes an area up to half the width of the longest adjacent road, to a maximum width of 6m. (Derived from RICS Code of Measures Practice, 1977). The artificial subdivision of sites between elements of family and non-family housing, so as to gain the benefits of the higher non-family density, will not be permitted.

Foreword

Introduction

Strategy

Built Environment

Environmental Protection

Housing

Transport

Employment

Town Centres & Shopping

Tourism, Entertainment & the Arts

Open Space & Recreation

Community Facilities

Waste

INSET PLANS

Park Royal

Wembley Regeneration Area

Site Specific Proposals

Glossary

Borough-wide maps