About this page
How this part of the Local Plan Options Document works
These Development Management policy option pages contain the following sections:
Policy background
- Relevant national policy or regulations
- National or regional trends
- Local situation and needs/li>
- How we have dealt with this issue in the past
- The thinking behind the policy
Policy options for the new Local Plan
We may suggest a variety of approaches:
- Keeping existing policy as it is
- Making small changes
- Replacing the policy with something that is substantially different
- Identifying factors or events which may affect this policy in the future
Policy option analysis
- A list of the advantages and disadvantages that we have identified for each of the policy options we are presenting.
Read the Housing topic paper and Local Housing Need Assessment (LHNA) for in-depth focus about this topic, and the evidence which informs our policy. Visit our library of Local Plan Options supporting documents to learn more.
Explore the policy
Select a section below to read more.
9.18 The NPPF December 2023 paragraph 58 states that ‘Where up-to-date policies have set out the contributions expected from development, planning applications that comply with them should be assumed to be viable.’
9.19 Planning Practice Guidance: Viability sets out that ‘Policy requirements, particularly for affordable housing, should be set at a level that takes account of affordable housing and infrastructure needs and allows for the planned types of sites and development to be deliverable, without the need for further viability assessment at the decision making stage’ and ‘Under no circumstances will the price paid for land be a relevant justification for failing to accord with relevant policies in the plan.’ However, PPG also includes a caveat on this that ‘It is up to the applicant to demonstrate whether particular circumstances justify the need for a viability assessment at the application stage’ and sets out how viability should be reviewed during the lifetime of a project, principles for carrying out viability assessments and standardised inputs to viability assessments.
9.20 Given the aims of this Local Plan in maximising the delivery of affordable housing to respond to the district’s demographic, social and economic needs and the significant requirement for affordable housing within the local authority area as set out in the LHNA, it will be imperative that new development deliver affordable housing to meet the need. We require policy that is clear that viability of affordable housing has been tested at plan-making stage. We will maximise opportunities to deliver affordable housing wherever possible through planning obligations and other delivery mechanisms.
9.21 Options as relates to affordable housing viability are set out below
Option A
Take forward existing policy as relates to affordable housing viability with the addition that where an application fails to provide the full affordable housing policy requirement, to include effective review mechanisms aimed at achieving a greater level of policy compliance over the lifetime of the development where viability improves or the availability of grant.
Advantages of Option A
Maximising the delivery of affordable housing over the lifetime of development given the significant requirement for affordable housing within B&NES.
Disadvantages of Option A
Resource to implement review mechanisms aimed at achieving a greater level of policy compliance over the lifetime of the development.
Option B
Update existing affordable housing viability policy highlighting the presumption that there should be no need for further viability assessment at the decision-making stage. It is for the applicant to demonstrate whether particular circumstances (e.g. relating to abnormally high development costs, such as remediating substantial site contamination) justify the need for a viability assessment at the application stage and under no circumstances will the price paid for land be a relevant justification for failing to accord with relevant policies in the plan.
In considering affordable housing viability within the proposed development, the following considerations will be taken into account:
- whether grant or other public subsidy is available
- the tenure and size mix of the affordable housing to be provided
- whether there are exceptional build or other development costs
- the achievement of other planning obligations
Where an application fails to provide the full affordable housing policy requirement, to include effective review mechanisms aimed at achieving a greater level of policy compliance over the lifetime of the development where viability improves or the availability of grant.
Advantages of Option B
Providing clarity and Development Plan status on viability aspect of policy and maximising the delivery of affordable housing given the significant requirement for affordable housing within Bath and North East Somerset.
Disadvantages of Option B
Resource to implement review mechanisms aimed at achieving a greater level of policy compliance over the lifetime of the development.