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, Local Housing Need Assessment (LHNA) and Older Person's Housing Evidence Base document 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.
9.47 Paragraph 63 of the (NPPF December 2023 requires local authorities to assess the size, type and tenure of housing needed for different groups in the community and reflect the results of this assessment in their planning policies. The NPPF also sets out that as part of achieving sustainable development a sufficient range of homes should be provided to meet the needs of present and future generations.
9.48 This range of homes includes housing for older people (including those who require retirement housing, housing-with-care and care homes). PPG Housing for older and disabled people highlights that ‘The need to provide housing for older people is critical. People are living longer lives and the proportion of older people in the population is increasing.’ It further sets out that ‘Offering older people a better choice of accommodation to suit their changing needs can help them live independently for longer, feel more connected to their communities and help reduce costs to the social care and health systems.’
9.49 There are different forms of older person specialist housing including age restricted housing, sheltered housing, extra care hosing or housing with care and residential care homes and nursing homes. Some forms of specialist housing will be considered to be use class C3 (dwellings) and some will be considered to be use class C2 (residential institutions / communal accommodation) even though they constitute a dwelling.
9.50 National planning guidance sets out that it is for the local planning authority to determine which use class a particular development falls into but suggests that when making the decision consideration could be given to the level of care provided and the scale of communal facilities provided.
9.51 Within the High Court Judgment - Rectory Homes Ltd v Secretary of State for Housing Communities and Local Government [2020] EWHC 2098 (Admin) (31 July 2020) Justice Holgate set out that ‘There is no reason why a C2 development cannot provide accommodation in the form of dwellings provided its use did not fall within Use Class C3.’
9.52 In considering the need for specialist older person housing, including age restricted general housing, sheltered housing, extra care housing or housing with care as set out in PPG and which constitute a self-contained dwelling or unit, it is key that local authorities assess the size, type and tenure of housing needed for older people.
9.53 The Bath and North East Somerset Local Housing Needs Assessment Report (LHNA) (January 2024 Draft) sets out that ‘there would be a need to provide an additional 557 specialist older person housing units in Bath City (of which 43% would need to be provided as affordable housing) and 1,121 specialist units in the Rest of B&NES (including 50% affordable housing).
9.54 Given the primary objectives of the Local Plan which include ‘Maximising the delivery of affordable housing to respond to the district’s demographic, social and economic needs’, we will be looking to take forward the requirement for affordable housing within older person housing where it meets the definition of age restricted general housing, sheltered housing, extra care housing or housing with care where it is a dwelling or self-contained unit.
9.55 The proposed policy approach relating to the requirement for affordable housing within older person housing is set out below.
Proposed approach
Take forward Affordable Housing requirements within specialist older person housing where it constitutes a self-contained dwelling or unit in line with percentages set out in the LHNA and as tested through the Local Plan viability (whole plan) assessment.