This briefing provides a quarterly overview of developments in the housing sector from February 2010 – April 2010

The Tenant Services Authority set out their corporate priorities

The Tenant Services Authority (TSA) has published a draft corporate plan for 2010-13. The TSA are responsible for the regulation of just under 1,700 housing associations, 250 co-operatives and since April 2010, 187 local authority landlords and 69 ALMOs who manage homes on behalf of 65 local authorities in England.

However, the TSA will not regulate the governance and viability functions of local authorities as these are already subject to the Local Performance Framework (LPF) and are scrutinised as part of Oneplace which is overseen by the Audit Commission.

The TSA Corporate Plan is based on the draft regulatory framework. It aims to be a plan for action and innovation and the priorities within it fall under the three headings of securing a fair deal for tenants; protecting the taxpayer and delivering a modern and effective regulatory regime.

The finalised version following consultation is due imminently.

Introduction of the Community Infrastructure Levy

The Community Infrastructure Levy (CIL) has been introduced by Government to replace and make more transparent most of the uses of the existing planning obligations (such as Section 106 agreements). It is a new power that local authorities can use to help fund economic growth and to create the foundations for future success of local areas. The levy allows funds to be raised from developers alongside new building projects for infrastructure, such as new schools, hospitals, roads transport schemes, libraries, parks or leisure centres. Authorities are not required to implement the levy but it is suggested that it could potentially raise an extra £700 million per year for councils.

Introduction of the levy will apply to new developments started from 6 April 2010 and from this date the use of Section 106 agreements will be limited to issues directly related to the local impact of the development itself rather associated infrastructure. By 2014 it is planned that this will be scaled back further to ensure planning obligations operate effectively alongside CIL.

CLG has produced a guidance document setting out in detail the rationale and scope of the new levy.

Planning permission changes for houses in multiple occupation (HMOs)

Following a consultation on managing HMOs, circular 05/10 was implemented to bring about planning permission changes to the 'Use Classes’ Order. This is part of existing planning rules and defines how a property can be legally used. The circular introduces a new and specific category and definition of what constitutes a HMO.

The new rules which are applicable from 6 April 2010 aim to stem the growth of large pockets of shared homes which can have a negative impact on communities. Under the order, landlords will need to apply for planning permission to establish a new HMO (for three or more tenants who are not related) thereby giving local authorities the opportunity to consider the impacts of such proposals.

Rural Masterplanning

The Government has introduced a package of resources and provision of expert support for 46 rural authorities to help them to develop a workable master plan to deliver additional housing in their areas. The overarching aim of the programme is to ensure delivery of planned developments for mixed use, housing, commercial, community facilities, green space and employment use, that meet the local authority’s policies for quality and sustainability.

The expert advice and support totalling £1 million over two years (until March 2011) is currently being funded by Government (through CLG and DEFRA). The plans developed will be reviewed once complete and lessons learnt disseminated to the sector as 'rural proof tools’ to support other rural authorities seeking to build.

Access the prospectus giving details of the programme.

Access the list of winning projects.

Statutory Housing Strategy for London

The Major of London has published the first statutory housing strategy for London which was a requirement of the GLA Act 2007. The document follows a draft and consultation period and sets out the Mayor’s vision for housing in the capital and details the policies that will be implemented to deliver the vision.

The strategy provides a framework for determining housing investment priorities using the £5 billion budget available. It addresses housing need issues in London but goes beyond this and includes policies on the design and quality of homes; delivery methods; helping homeowners and first time buyers; improving the social and private rented sectors; producing greener homes and revitalising communities. Many of the policies promote a pan-London approach, examples include tackling rough sleeping, mobility and the provision of supported housing.

Published alongside this is a robust evidence base of information and data analysis that was used for the strategy.

Access the strategy.

Access the evidence base.

Accommodation for homeless 16 and 17 year-olds

The statutory guidance for children’s services authorities and local housing authorities to secure or provide accommodation for homeless 16 and 17 year-olds has been revised. The duties under Part 3 of the Children Act 1989 and Part 7 of the Housing Act 1996 have been clarified through this guidance. The work was prompted by the judgment by the House of Lords in the case of R(G) v London Borough of Southwark (2009).

Fundamentally, the revisions reflect the legal decision that requirements of the Children Act take precedence over the Housing Act. This means that when a housing department receive a homelessness application from a 16 or 17 year-old, children’s services must conduct an assessment of the needs of that applicant and if it appears they have nowhere safe to stay, then children’s services must secure suitable emergency accommodation for them.

Previous updates

Archived versions of 'developments in the housing sector', which is updated quarterly can be accessed below:

• January 2010 update
• October 2009 update
• July 2009 update
• April 2009 update
• January 2009 update