‘Exceptional circumstances’ could increase housing numbers

Michael Bedford KC

A leading planning barrister and a specialist demographic survey have both warned the Isle of Wight Council that trying to lower housing numbers by claiming ‘exceptional circumstances’ would be likely to backfire.

MP Bob Seely frequently boasts that one of his ‘key achievements’ is that he “secured changes to planning law” that enables the IW Council to claim exceptional circumstances to reduce housing numbers. However, advice from King’s Counsel, Michael Bedford and planning specialists Lambert Smith Hampton, suggest Mr Seely has had the wool pulled over his eyes by his government colleages. His claim is based on a footnote to the new National Planning Policy Framework which says “particular demographic characteristics could, for example, include areas that are islands with no land bridge that have a significant proportion of elderly residents.”

Discussing the possibility of using the footnote to reduce housing targets on the Island, Mr Bedford says “at first sight” the footnote would appear to include the Isle of Wight and the Isles of Scilly”, but points out the government could have settled the exceptional circumstances question by naming them, but “the language chosen is consciously more circumspect”. He explains that the IW Council would have to prove exceptional circumstances which justifies lower numbers, but if they did they would also have to take account of not hitting targets in previous years. He recommended taking specialist demographic advice.

That advice, received in February from Lambert Smith Hampton, is even more stark, it says that there are no exceptional circumstances that justify lower figures and if it was tried there is “a high probability” it would lead to a higher figure than the standard 667 dwellings per year. The current Draft Island Planning Strategy (DIPS) proposes 453 a year.

On Thursday this week the IW Council’s cabinet will vote on whether to recommend the DIPS to be approved by full council at an extraordinary meeting on May 1. So far it has taken six years and cost £660,000, and the council is running out of time to approve it. If the council does move forward with the plan it will be a step towards getting away from the ‘tilted balance’ that means in many cases national rather than local policies are used when approving planning applications.

The two reports can be read at iw.observer/bedford-advice and iw.observer/lsh-report.