Skip to content

Brought to you by

Dentons logo white

UK Planning Law Blog

Real opinions on the alphabet soup of planning and development from s106 agreements to CIL, PDR to DCO, BIDs to UBR, viability to profits for everyone

open menu close menu

UK Planning Law Blog

  • Planning TV
  • Who We Are

New planning guidance for housing for older and disabled people

By Rachael Herbert
June 26, 2019
  • Extra Care
  • Housebuilding
  • Planning Guidance
Share on Facebook Share on Twitter Share via email Share on LinkedIn

The new chapter to the NPPG helpfully states that LPAs:

  • should set clear policies to address the housing needs of older people and ensure that their Plans provide for specialist housing for older people where a need exists;
  • need to count housing provided for older people against their housing requirement;
  • should take a positive approach to schemes that propose to address an identified unmet need for specialist housing.

However, it leaves a lot to the discretion of a LPA, including what use class this type of specialist housing falls into and whether affordable housing may be required alongside housing for the elderly, subject to viability. 

Despite including a summary of four different types of specialist housing for older people, the guidance purposely shies away from answering the often contentious and critical question, because of policy wording, of whether a development for specialist housing for older people falls within C2 (Residential Institutions) or C3 (Dwellinghouse) of the Use Classes Order.  Instead of stating that a LPA should look to current precedents for guidance, the new NPPG chapter acts to undermine it by stating that:

  • the use class a particular development falls within may depend on the level of care and scale of communal facilities provided (at paragraph 14); and
  • extra care housing usually has “a medium to high level of care available if required” (at paragraph 10).

Some other weaknesses in the guidance are that it says LPAs could (as opposed to should):

  • provide indicative figures for the number of units of specialist housing needed for the plan period, but makes clear (paragraph 12) that Plans need to provide for specialist housing for older people where a need exists;
  • monitor the provision of housing for older people;
  • allocate sites for specialist housing for older people.

Overall, the guidance is a step in the right direction but is an opportunity lost. 


Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Rachael Herbert

About Rachael Herbert

Rachael is a senior associate in the Firm's Planning team and is based in London. She joined the Firm in August 2013 after working for four and a half years as a lawyer in Australia specializing in planning and environment work.

All posts Full bio

RELATED POSTS

  • Affordable Housing
  • Housebuilding
  • Housing and Planning Bill

Housing and Planning Bill – an uncertain future for social housing

The Housing & Planning Bill completed the Committee stage in the House of Commons after the New Year with a […]

By Jamie McKie
  • Affordable Housing
  • Community Infrastructure Levy
  • Development
  • Housebuilding
  • Housing and Planning Bill
  • Starter Homes

Non-starter? New homes proposals are going to shake things up, if they survive

The Government’s Starter Homes proposals have been around for a while – consultation in 2014 led to new policies in […]

By Roy Pinnock
  • Affordable Housing
  • Development
  • Housebuilding
  • Private Rented Sector

Build to let case still needs to be made

Attending the launch of the Urban Land Institute’s Best Practice Design Guide for Build To Rent, it is clear there […]

By Roy Pinnock

About Dentons

Dentons is the world’s largest law firm, delivering quality and value to clients around the globe. Dentons is a leader on the Acritas Global Elite Brand Index, a BTI Client Service 30 Award winner and recognized by prominent business and legal publications for its innovations in client service, including founding Nextlaw Labs and the Nextlaw Global Referral Network. Dentons’ polycentric approach and world-class talent challenge the status quo to advance client interests in the communities in which we live and work. www.dentons.com.

Dentons banner

Twitter

Categories

Dentons logo white

© 2021 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site