Date of meeting: 1 February 2024

Proposer: Councillor Liz Loughran

Seconder: Councillor Gill Williams

Ward(s) affected: All

Notice of Motion

Labour Group

This council notes:

1) The Council has not been achieving its Affordable Housing supply target in recent years and there can be resistance, actual and perceived, from some developers to the implementation of the Affordable Housing policy in full.

2) The proposal for the publication of new Council guidance in the form of an Affordable Housing Practice Note (AHPN) which is intended to inform and guide applicants and their agents, landowners, developers, Homes England, Registered Providers and BHCC’s Development Management Officers (DMO’s) and the Council’s Housing team of the steps that must be taken by all parties with respect to the implementation of these policies and targets.

3) A significant proportion of sites coming forward for housing are for small sites where implementing the Council’s affordable housing requirements is challenging.

Therefore, council resolves to call for an officer report to Culture, Heritage, Sport, Tourism & Economic Development Committee which addresses the following:

4) A proposal for a model draft of an AHPN that can be delivered in Brighton & Hove

5) Ways of requiring or encouraging developers of all sizes to meet the affordable housing target percentages set out in relevant Local Plan policies without public subsidy, with the AHPN setting out how this will be done on submission of the planning application in accordance with an AHPN Compliance Statement or, as agreed, on officer assessment of whether S106 Obligations have been met

6) Ways of incorporating, as part of this developer model, support for smaller developers such as ‘alternative’ community-run providers of housing to deliver Affordable Housing (AH) units as part of a stand-alone planning application or as a party to a scheme with another developer. Alternative providers could include community-led development organisations, custom-build or self-build developer schemes

7) A process that strengthens all participants’ expertise and knowledge around models of delivery

8) Incorporating possibilities for affordable units on smaller sites where there is a desire to ensure that such units are provided to meet a Council area’s housing need, albeit that the number of units may be very small on such sites.

Supporting Information:

1. The provision of sufficient affordable housing is fundamental to the planning of residents’ good health, our City’s public health, and the achievement of cohesive mixed and balanced communities.

2. Many Brighton and Hove residents are unable to access market housing due to its cost relative to incomes and an under supply of housing both affordable and market. This places them at risk if there is an under supply and pipeline of AH.

3. The council’s existing affordable housing policy CP20 in CPP1, sets out a 40% AH target which is not being met. The Council will require the provision of affordable housing on all sites of 5 or more dwellings (net) and will negotiate to achieve affordable housing targets that includes a 20% affordable housing contribution as an equivalent financial contribution on sites of between 5 and 9 (net) dwellings.

4. Since the policy adoption in 2016, the costs of development and constraints on land availability have increased further. Affordable housing is generally considered to be the most costly element of the developer contributions required by the council (policy) in a S106 Agreement because it requires the affordable homes to be sold to a Registered Provider (RP) or the Council at a discounted rate, relative to their market value. CP20 specifically identifies financial viability as a legitimate consideration in the determination of the amount and type of affordable housing that may be acceptable.