Congleton Neighbourhood Plan Regulation 16 Consultation

Policy 16 Housing for an ageing population

We note that Policy 16 Housing for an ageing population supports the retention, replacement or redevelopment of existing bungalows so long as the replacement meets the M4(3) standard as well as supporting Small-scale developments providing specialist, accessible or affordable housing that are in a sustainable location.

Older persons housing need
We have considered the evidence paper ‘Neighbourhood Plan Older Persons Accommodation Needs from SHOP data for Congleton 2015-2030’, that has been published to support the neighbourhood plan. This identifies a large need for 473 sheltered or retirement living homes by 2030 and 73 extra care homes and note a negative need for nursing and residential care. We therefore feel, given the large need for specialist housing for older people that para 2 of policy 16 should be amended to read ‘Specialist Housing for older people and Small-scale developments providing specialist, accessible or affordable housing will be strongly supported where they are in a sustainable location with good accessibility to local services and facilities’.

M4(3) housing
Paragraph: 009 Reference ID: 63-009-20190626 of the PPG on Housing for Older and Disabled people considers if plan making bodies can set minimum standards for accessible housing.
This states:
‘Where an identified need exists, plans are expected to make use of the optional technical housing standards (footnote 46 of the National Planning Policy Framework) to help bring forward an adequate supply of accessible housing. In doing so planning policies for housing can set out the proportion of new housing that will be delivered to the following standards:
M4(1) Category 1: Visitable dwellings (the minimum standard that applies where no planning condition is given unless a plan sets a higher minimum requirement)
M4(2) Category 2: Accessible and adaptable dwellings
M4(3) Category 3: Wheelchair user dwellings
Planning policies for accessible housing need to be based on evidence of need, viability and a consideration of site specific factors.’
The Housing Optional Technical Standards (HOTS) then provides more detail about accessibility and wheelchair housing standards. Para Paragraph: 009 Reference ID: 56-009-20150327 of the HOTS states that:
‘Part M of the Building Regulations sets a distinction between wheelchair accessible (a home readily useable by a wheelchair user at the point of completion) and wheelchair adaptable (a home that can be easily adapted to meet the needs of a household including wheelchair users) dwellings.
Local Plan policies for wheelchair accessible homes should be applied only to those dwellings where the local authority is responsible for allocating or nominating a person to live in that dwelling.’
HOTS are also clear that wheelchair accessible home requirements should only be applied to those dwellings where the Local authority is responsible for allocating or nominating a person to live in that dwelling.
HOTS again make it clear (as well as the PPG on Housing for Older and Disabled People) that any requirement for accessible and adaptable homes should also consider viability. This is confirmed in Paragraph: 007 Reference ID: 56-007-20150327 that ‘M4(3) homes has viability implications’. Any M4(3) requirement needs to be considered on top of M4(2) in terms of viability and would include additional costs for fixtures and fittings, services and controls and additionally room dimensions and layout which include up to 30% more floorspace and corresponding reduction in density, sales values and affordability of such housing’. While some value may be secured for larger units this is unlikely to mitigate the overall loss of units across the proposal as a result of the requirement making the scheme even less viable than already shown.
In this respect, we would highlight appeal decision 3327682 for a site in Penketh, Warrington attached to this note that specially address M4(3) housing within retirement living apartments. This considers the provision of Wheelchair dwellings in detail in para 19 to 39 with the Inspector concluding that it is not viable for the scheme to deliver a proportion of M4(3) housing.

It is therefore clear that the requirement for M4(3) has not had appropriate regard for national policy and advice issued by the secretary of state and therefore does not meet the basic conditions and should be removed.