14.1 One of the main aims of the Local Plan is to ensure that there is a sufficient supply of sustainable, high-quality homes across a range of tenures and types in the district, to fully meet Harlow’s Objectively Assessed Housing Need (OAHN).
14.2 The West Essex and East Hertfordshire Housing Market Area (HMA) includes the administrative areas of Harlow, East Hertfordshire, Epping Forest and Uttlesford. Harlow’s contribution to meeting the housing requirement of the HMA is to ensure that 9,200 homes are delivered in Harlow over the Local Plan period.
The overarching housing need for the district and its distribution is set out in the Strategic policies.
14.3 This chapter and the policies contained within it will help deliver the following Corporate Priority:
14.4 This chapter and the policies contained within it will help deliver the following Local Plan Strategic Objectives:
H1 Housing Allocations
Development of the Strategic Housing Site East of Harlow (allocated in Policy HS3) and other sites for housing (allocated in Policy HS2) will be supported.
Development of the Strategic Housing Site East of Harlow will require a Strategic Master Plan to be submitted which takes into consideration the relevant policies in the Local Plan.
Development of all allocated housing sites must be in general conformity with the appropriate guidance, including the Harlow and Gilston Garden Town Vision and Design Guide.
14.5 The housing requirement for the district is set out in Policy HS1. Sites allocated within the district are important as they help contribute towards meeting the identified housing requirement for the district; consequently such development will be supported.
14.6 Planning applications for the development of allocated sites in the Local Plan will be supported.
14.7 The housing requirement for the district will be delivered by the sites allocated on the Policies Map. Development of the Strategic Housing Site East of Harlow must be supported by a Strategic Master Plan and may require other documents such as design codes or development briefs. These documents must take into account connectivity, the character of the site and surrounding areas, and the location and delivery of key infrastructure.
H2 Residential Development
Residential development, including infill development, the sub-division of garden plots, minor redevelopment schemes and the development of vacant plots, must meet the following criteria:
14.8 This policy aims to encourage new residential development on appropriate sites throughout the district. It also recognises there has been a small but constant supply of new housing built on infill sites and garden plots which has contributed to meeting local housing need.
14.9 This policy also aims to ensure that land suitable for residential development does not have an adverse impact on the amenities and character of an area. This is especially important in Harlow given the district’s New Town historic environment reflecting high-density development in parts of the district; however there are areas of lower density development which have their own distinct character.
14.10 As outlined in the adopted Harlow Design Guide SPD, residential development should respect and respond to the character of existing surrounding housing.
This character is normally defined by the general style of development, plot widths, how the plot relates to other buildings, rooflines, projections and other design features.
14.11 The consideration of the impact of infill or other minor residential development on parking and access is also a particularly important issue for Harlow, as many of the neighbourhoods were built at a time before high car usage, so on-street parking can cause congestion in narrow residential streets.
14.12 Where there are groups of gardens that might be more efficiently developed together, it would not make best use of land if this potential is prejudiced by a development of one garden in isolation, so such development would not be supported.
H3 Houses in Multiple Occupation
The creation or conversion of a dwelling to a House in Multiple Occupation (HMO) must meet the following criteria:
The effectiveness of this policy and the one-in-five restriction should be reviewed two years after the adoption of this Local Plan.
14.13 HMOs provide an additional housing type which helps meet the needs of the community and provides more choice and mix. It is recognised, however, that HMOs can create a range of issues which cumulatively impact on the surrounding area. Evidence suggests that an excess of HMOs along a street can have a detrimental impact on the amenities of the area. This policy aims to minimise the loss of larger family housing, which is often used for HMOs and is in relatively short supply due to the type of housing stock originally built in Harlow.
14.14 Many areas of Harlow have limited off-street parking and open frontages, which reflect the original New Town design. The intensification of HMOs in a street can have a detrimental impact in the neighbourhood because of a lack of parking provision. As such, this policy aims to maintain the character of residential areas, protect the amenities of local residents and ensure sufficient off-street parking is provided.
14.15 HMOs are defined as dwellinghouses which are inhabited by three or more unrelated people, as their only or main residence, who share one or more basic amenity (such as a kitchen). There are two types of HMOs:
14.16 Current national permitted development rights allow the change of a dwellinghouse to a small HMO without planning permission. The change of a dwellinghouse (or a small HMO) to a large HMO does, however, require planning permission.
14.17 Planning applications for HMOs will be assessed according to their impact on the character and street-scene of the area in which they are situated. A row is defined as five or more adjacent dwellings whose frontages face the same continuous section of highway between junctions. A row may include, but is not limited to, terraced, semi-detached and detached dwellings, as interpreted by the Council.
14.18 The Council will ensure that such development will be of an acceptable and safe standard and that habitable rooms comply with the latest minimum size codes. Applicants should satisfy themselves that they have obtained the relevant consents and licenses from the Council before commencement.
H4 Loss of Housing
The demolition or the change of use of buildings or land in residential use must meet the following criteria:
14.19 This policy aims to protect existing habitable housing stock and prioritises the redevelopment of existing buildings for continued residential use, which contributes to meeting the housing need in Harlow. It also helps to minimise the amount of development on greenfield sites by promoting the retention of existing dwellings, thereby assisting to preserve the open spaces in Harlow which are fundamental to its character.
14.20 In some cases, redevelopment or conversion of existing dwellings may yield a net increase in dwelling supply, or may provide opportunities to facilitate redevelopment in an area.
14.21 The redevelopment of existing residential development, in appropriate cases, will be supported if it results in an increase in housing provision on a site.
14.22 To assess if a dwelling is fit for habitation, regard must be given to a range of factors, including general repair, stability, freedom from damp, natural lighting, water supply, ventilation, drainage and sanitary conveniences. This list is not exhaustive and the Council has the discretion to consider other factors.
H5 Accessible and Adaptable Housing
To ensure that new homes are both accessible and adaptable to meet the changing needs of occupants:
all new dwellings should be at least Building Regulations Part M4(2) standard for accessible and adaptable homes; and
in major residential development, a suitable proportion of Building Regulations Part M4(3) standard dwellings for wheelchair users should be provided based on the latest Strategic Housing Market Assessment (SHMA) or other appropriate evidence directly related to the housing needs of Harlow.
The provision of specialist housing developments will be supported on appropriate sites that will meet the needs of older people and other groups.
Only where circumstances exist where it can be demonstrated by the applicant that it is not practically achievable or financially viable to deliver this policy will new development be exempt from these requirements.
14.23 National planning guidance states that a policy requiring wheelchair accessible dwellings should only be applied to those dwellings where the local authority is responsible for allocating or nominating a person to live in that dwelling. Consequently, the Council will negotiate a proportion of wheelchair adaptable (market and affordable housing) and/or wheelchair accessible (affordable housing only) dwellings, as appropriate, based on the latest Strategic Housing Market Assessment (SHMA) or other additional appropriate evidence directly related to Harlow’s housing needs.
14.24 National planning policies require Local Plans to support Building Regulations by demonstrating the need for requiring accessible dwellings. This is supported by the Joint Strategic Needs Assessment for Essex.
14.25 The Building Regulations, published in 2015, set out three categories of dwellings:
14.26 The SHMA (2015) projects that the number of over 65s in the Housing Market Area (HMA) will increase by approximately 47,200 people during the Local Plan period, including 23,300 aged 85 or over. Government disability data indicates that the proportion of households with at least one wheelchair user will increase during the Local Plan period. To provide for these needs, it is necessary to ensure that all future housing is flexible to meet people’s changing circumstances. In addition, the SHMA sets out that 10% of market housing and 15% of affordable housing must be Building Regulations Part M4(3) standard.
14.27 Harlow has an ageing population, which has important implications for the future delivery of housing over the Local Plan period. Essex County Council (ECC) is the provider of social care in Harlow. ECC’s approach to Independent Living (Extra Care) encourages the provision of specialist accommodation in Essex as a means by which older people can continue to live healthy and active lives within existing communities. For Harlow, the evidence base (the Housing LIN SHOP@ tool) predicts a need for 104 units of Extra Care accommodation (i.e. ‘whole market demand’) in addition to the current Extra Care provision in the district. This provision is in addition to the requirement for other specialist accommodation such as sheltered housing.
14.28 It is ECC’s intention to facilitate the development of at least one 60 unit Extra Care scheme in the next five years in Harlow to meet Adult Social Care demand in the district. In addition to the Evidence Base mentioned previously, ECC will be publishing an updated Market Position Statement in 2019 setting out its intentions for the provision of Extra Care across the county, which will also inform this Local Plan. This approach to meeting the specialist accommodation needs of older people is intended to reduce the demand for residential/nursing home care across the county. Extra Care schemes are part of a wider accommodation pathway to enable older people to remain as independent as possible, with the right housing and support to meet their needs.
14.29 The Building Regulations Part M4(2) and Part M4(3) dwellings in a development should be identified in planning applications. Part M4(2) of the Regulations sets out the standards for accessible and adaptable homes, and Part M4(3) sets out the standards for wheelchair user dwellings. To ensure these standards are met, applicants should consult with the Council prior to the submission of a planning application.
14.30 The proportion of major residential development which is required to be of Building Regulations Part M4(3) standard is set out in the current SHMA or successor studies.
H6 Housing Mix
On new housing developments, an appropriate mix of housing tenures, types and sizes will be expected to be provided, in order to create balanced communities which reflect Harlow’s housing needs and local character. To achieve this, developers should take into account the latest Strategic Housing Market Assessment, or other additional appropriate evidence directly related to Harlow’s housing needs.
Where appropriate and in accordance with policies in the Local Plan, the following types of housing should be provided:
14.31 The Strategic Housing Market Assessment (SHMA) provides robust evidence to establish and provide information on the appropriate mix of housing and range of tenures needed in the district.
14.32 The SHMA indicates that there is a demand for a range of housing types and tenures to meet the needs of different groups within Harlow and to provide a choice, as required by national planning policies and guidance.
14.33 The Council is keen to enable and support new and innovative housing products to provide homes for local people. Community-led housing is a way of providing new homes for local people which enables them to have a say on how such a scheme will be developed.
14.34 The range of housing types, sizes and tenures is based on the current SHMA (see Fig. 14.1, overleaf) or successor studies.
Fig. 14.1: Range of housing types, sizes and tenures
| MARKET HOUSING | % | ||
|---|---|---|---|
| Flat | 1 Bedroom | 170 | 6.6 |
| 2+ Bedrooms | 30 | 1.2 | |
| House | 2 Bedrooms | 610 | 23.9 |
| 3 Bedrooms | 1690 | 66.3 | |
| 4 Bedrooms | 50 | 2.0 | |
| 5+ Bedrooms | - | - | |
| Total Market Housing | 2,550 | ||
AFFORDABLE HOUSING |
|||
| Flat | 1 Bedroom | 100 | 3.0 |
| 2+ Bedrooms | 550 | 16.4 | |
| House | 2 Bedrooms | 940 | 28.1 |
| 3 Bedrooms | 1400 | 41.8 | |
| 4 Bedrooms | 360 | 10.7 | |
| Total Affordable Housing | 3,350 | ||
14.35 The different types and sizes of housing can include houses and flats, of differing tenures, with varied numbers of bedrooms. This also includes the need for accessible and adaptable housing.
14.36 The Council will support groups of local people in the development of community-led housing.
H7 Residential Annexes
Development for the provision for a domestic annexe must meet the following criteria:
14.37 The creation, extension or conversion of an outbuilding may provide an opportunity to accommodate elderly or other dependent relatives, whilst allowing a degree of independent living. The provision of residential annexes should remain ancillary to the main dwelling within the residential curtilage. However, the creation of a separate residential dwelling unit could have a detrimental impact of the character of the surrounding area arising from an intensification of use, and therefore would not be granted planning permission.
14.38 The annexe should form part of the same residential planning unit, sharing the same access, parking and garden. The key issue is that the annexe should not become a self-contained dwelling in its own right and a restriction could be imposed to achieve this. The layout, design and relationship to the house will be an important consideration and should be guided by other Local Plan policies and the adopted Harlow Design Guide Supplementary Planning Document (SPD).
14.39 Use of existing rooms for additional accommodation would not normally require consent, so long as the person was clearly associated with main occupants (e.g. dependent relative). Pre-application advice should be sought from the Council as to whether a proposed annexe requires planning permission.
H8 Affordable Housing
In residential developments of more than 10 dwellings, it will be expected that at least 30% affordable housing is provided.
Reduction of this percentage may be permitted for viability reasons. Any reduction or non-agreement between the developer and the Council will require an independent viability assessment.
Affordable housing within a development will normally be provided on-site unless exceptional circumstances should require it to be provided elsewhere with the agreement of the Council. Applicants will be required to submit justification for off-site construction or financial contributions.
Affordable housing provision will be expected to have regard to the recommended tenure mix identified in the latest Evidence Base on housing need and affordable housing products defined in current national planning policies.
Affordable housing will be incorporated into the overall design layout to avoid significant clustering of affordable housing. The design of affordable housing should make it indistinguishable from market housing.
Legal agreements with the Council will ensure that affordable housing benefits, for both affordable rented and intermediate housing, are secured for first and subsequent occupiers and retained as affordable.
14.40 The Strategic Housing Market Assessment (SHMA) (2015) indicates there is a need for 13,600 affordable dwellings over the Local Plan period, equating to an average of 618 dwellings per year for the Housing Market Area (HMA). Specifically for Harlow, the affordable housing need is 154 dwellings per annum (3,400 affordable homes over the Local Plan period).
14.41 The SHMA also shows that a significant number (85%) of affordable housing should be provided as affordable rent, normally provided by a Registered Provider or the Council. The remainder of the affordable housing should be provided as Intermediate Affordable housing at 15% of the total affordable.
14.42 The type, tenure and bed-size of affordable housing will be informed by the current version of the SHMA and Viability Study or successor studies.
14.43 Affordable housing development should be provided on the application site, which will help ensure a mix of tenures and sizes. There may be circumstances where this is not possible, and in such circumstances, where both the Council and the developer agree, a commuted sum may be acceptable.
14.44 The Housing and Planning Act 2016 introduced the requirement for Councils to promote the supply of starter homes. The Act sets out a definition of starter homes and signals the Government’s intention to require a proportion of starter homes to be delivered on qualifying sites, the level of which will be confirmed by secondary legislation. The consultation sets out 20% of dwellings on sites larger than 10 dwellings (0.5ha). It also suggests that where the affordable housing requirement is greater than 20%, the remainder of affordable housing can only be met once the requirement of the Act is met. This policy should have regard to this once the regulations have been enacted.
14.45 The new Garden Communities in the Harlow and Gilston Garden Town also have an important role in diversifying the existing housing market and supporting economic aims. These sites could provide a wide range of types and tenures of homes, informed by site-specific evidence and ensuring that there is a balanced mix of sustainable and high-quality homes across the West Essex and Hertfordshire HMA.
H9 Self-build and Custom-build Housing
Housing sites of greater than 50 dwellings must include the provision of fully serviced plots for self or custom build housing within each phase to ensure, as far as possible, the continuous availability of such plots throughout the development.
The number of such plots is to be negotiated on a phase by phase basis given the evidence of the Self-Build Register at the time. The arrangements to secure these plots as part of the planning permission and for their marketing to prospective purchasers are also to be agreed with the Council.
Development of the serviced plots must commence within one year of the completion of the related phase of the allocated site. If the serviced plots have not commenced within this timeframe, they may revert to conventional development and marketing. Proof of adequate marketing of the plots to those on the self-build register will be required.
All plots for self-build or custom-build housing must be fully serviced.
Only where circumstances exist where it can be demonstrated by the applicant that it is not practically achievable or financially viable to deliver this policy will new development be exempt from this requirement.
The provision of such plots on sites of less than 50 dwellings will also be encouraged.
14.46 There is a legal requirement to keep a register of people seeking to acquire land to build a home. Such housing can make a contribution to the affordable element of the housing requirement and the overall need in the district. The Council is, therefore, required to grant sufficient development permissions in respect of serviced land to meet the demand.
14.47 The proportion of self-build plots on sites of 50 dwellings is considered to be an appropriate level to meet the needs of those on the statutory Self-Build Register.
If this proportion would not be achievable, developers will be required to submit a viability appraisal to show that the inclusion of such plots will render the scheme unviable.
14.48 This policy recognises that there may be self-build plots which are not developed and remain vacant, in which case the land owner may revert to conventional delivery of the site.
14.49 This policy will be delivered through the approval of individual planning applications and through conditions on planning permissions to secure the self-build plots for a period of two years.
14.50 Policy H6 identifies that developers must provide self-build and/or custom build housing as part of the dwelling mix. The Council encourages developers and land owners to consult the Council to establish the current demand for self-build and custom-housebuilding and meet that demand accordingly.
H10 Travellers’ Pitches and Plots
If evidence indicates there is a need for additional pitches or plots, new sites must meet the following criteria:
14.51 Policy HS4 identifies the restoration of pitches at the Fern Hill Lane site to fulfil the need for the Travelling Community in Harlow over the Local Plan period. Where further evidence demonstrates additional provision is required, this policy sets out the criteria against which proposals will be assessed.
14.52 This policy aims to ensure that all sites have good access to education, health and welfare services, are safe and that there are no adverse impacts on the land, the locality and the amenities of adjoining occupiers. This policy also seeks to prevent development prejudicing the potential for comprehensive development of adjacent land.
14.53 This policy will apply to applications for new sites where there is a proven need for additional pitches and plots for Travellers.
14.54 When identifying whether community facilities are within a reasonable distance, it is considered that a 400 metre radius is acceptable if the site is only accessible by foot. If the site is accessible by public transport, an 800 metre radius will be applied.
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