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Political petition proposes radical changes to planning laws

Political petition proposes radical changes to planning laws

Wednesday 07 February 2024

Political petition proposes radical changes to planning laws

Wednesday 07 February 2024


Deputies hoping to streamline the planning process, and remove a controversial policy which requires an allocation of affordable housing on larger sites, are bringing an official petition for change to the States.

The signatories of the Requête believe their proposal will speed up the delivery of private housing which they say is being held back by the affordable housing policy in the Island Development Plan - GP11.

That requires housing developments of 20 or more units to hand over from 20% up to 30% of the developable land over to the States grant funded Guernsey Housing Association for social housing such as partial ownership and social rental.  

In the effort to remove this policy the group is seeking radical changes to how planning laws can be modified by government without the need for “any or all” of the existing procedures. 

They want the States to agree that political measures to improve the situation should be prioritised above everything else and are hopeful that the desired changes could be implemented at pace.  

This includes removing the need for public consultations, lengthy planning inquiries, independent inspectorates and assurances that changes are consistent with existing objectives – such as strategic land use as agreed by the States. 

If it’s successful it would effectively allow the States to decide changes by majority without the need for the current requirements due to the wide remit given in the wording: “Amend, suspend, delete, replace or add to any policy, direction or other provision."

But this wouldn’t remove the need for individual applications to gain consent from planning. 

Deputy John Dyke

Pictured: Deputy John Dyke has been investigating GP11 throughout the political term, and has been highly critical of it.

The group of deputies features John Dyke, Chris Blin, Mark Helyar, Simon Vermeulen, Neil Inder, Liam McKenna, and Marc Leadbeater. 

They are among a wider group of politicians known to be critical of GP11, which was introduced in 2016, and how it’s functioning.  

To date no housing has been delivered and handed over to the management of the GHA since its introduction.  

One site, Pointues Rocques, has been approved which includes 15 units under the policy but development is yet to start, and the site is up for sale through Lovells. 

Developers don’t need to comply with the policy if they can prove that doing so would render a project commercially unviable – reducing profits to below 20%.   

This has happened on several occasions, including with the outline application for Leale’s Yard and Briarwood, a car park and field neighbouring St Martins Primary School. 

The requerants say GP11 is causing economic problems for house builders, complicating land covenants making lending less attractive, confusing management responsibilities on site for maintenance, and causing legal delays. 

They add that a perceived slowdown in house building “constitutes an immediate and critical threat to Guernsey’s economic and social well-being" and want to ensure “that Guernsey’s planning regime is effective in encouraging the provision of suitable and sufficient residential accommodation. 

Screenshot_2024-02-06_at_11.47.42.png

Pictured: Pointues Rocques is the only application to date which has a GP11 allocation, and is now on the market. 

The Development & Planning Authority is currently carrying out a focused review of the Island Development Plan, of which GP11 is in scope. 

It will take several months to complete, and recommendations are planned to go before the States prior to the 2025 election.  

Between now and then the Authority will investigate housing supply and delivery, considering new sites that it recently called out for and whether these are suitable for development in future. 

Any suggestions put forward will lead to rounds of public consultation and ultimately be considered by independent inspectors.   

The current DPA is known to be sceptical of GP11. Deputy Dyke and Blin are both members of the Authority and have been looking for routes outside the lengthy review process to modify planning laws.   

The petition will be debated in the March States meeting at the earliest. 

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