The Ministry of Housing, Communities and Local Government (MHCLG) has drafted a revised National Planning Policy Framework which incorporates policy proposals previously consulted on in the Housing White Paper. Full details can be found here (click here).

The Almshouse Association has reviewed the open consultation and submitted four key points in our response to the Government.

The Almshouse Association Consultation Response

Question 14

Development of housing for older people
The Almshouse Association welcomes the intention to provide clarity that there should be clear policies for addressing the requirements of groups with particular needs, such as older people (Paragraph 62).

The Almshouse Association would ask Government to reflect whether the recommendation of the Communities and Local Government (CLG) Committee report (9th February 2018, Housing for older people) that the “NPPF should be amended to emphasise the key importance of the provision of housing for older people in both local authority plan making and decision taking” has been adequately reflected in the text.

Rural exception sites
The Almshouse Association agrees that planning authorities should support opportunities to bring forward rural exception sites (p21).

Almshouse charities should be seen as a perfect delivery vehicle (either individually or in partnership with other housing providers) to provide housing on rural exception sites.

The National Planning Policy Framework (NPPF) defines rural exception sites as: Small sites used for affordable housing in perpetuity where sites would not normally be used for housing.
Almshouses, by their very nature, guarantee:

  • Affordability in perpetuity
  • Local Beneficiaries (or whatever is the definition of beneficiary in the charity’s Governing Document) in perpetuity
  • Local Trustees, and hence local management, in perpetuity

Indeed the Almshouse Association, as well as individual almshouse charities, are already in discussion with other providers to develop rural exception sites.

Question 19

The Almshouse Association welcomes the additional recognition that planning can play in promoting social interaction and healthy, safe lifestyles.

Almshouse charities have long been recognised as a model that provides social interaction and healthy activity to build successful and safe communities that promote social inclusion.

As the vast majority of Almshouse charities (80%) have fewer than twenty units of accommodation, many submissions to local planning authorities will be of small scale, for example a proposal to install double glazing in a listed building.

The Almshouse Association would ask that consideration is given as to whether paragraph 92 adequately reflects the importance that minor decisions play in promoting social interaction and healthy lifestyles.

Question 43

The Almshouse Association wishes to use this opportunity to reiterate its case that Government should amend the affordable housing definition to clarify that Almshouse Charities are a form of affordable housing.

The Need for Clarification:
Some planning authorities interpret the current National Planning Policy Framework (NPPF) definition of ‘affordable housing’ to mean that an almshouse charity which is not a Registered Provider should be treated as if it were not a provider of ‘affordable housing’ for s.106 Town and Country Planning Act 1990 purposes.

Accordingly, the planning authority:

  • Requires an almshouse charity to carry out s.106 obligations where the charity itself is developing new almshouse dwellings. For example, the charity might be required to make a financial contribution towards community infrastructure or ‘affordable housing’. This approach is paradoxical, since the dwellings which the charity is developing are themselves within the statutory definition of ‘social housing’ in the Housing and Regeneration Act.
  • Maintains that a private developer cannot fulfil a s.106 obligation to provide ‘affordable housing’ by building almshouses for an almshouse charity.

This inconsistent practice leads to fewer almshouses being built than might otherwise be the case and, even when s.106 provision is allowed, typically the planning process can take an extended length of time, and add cost to the project. These factors are counter–productive, and work against the desire of the Government to boost not only housing supply but the speed that housing is delivered.

The Almshouse Association believes that an additional paragraph should be added which defines almshouse charities as a further type of affordable housing and accurately states the legal differences between almshouse charities and other forms of housing provision as this would provide re-assurance to local authorities, and an approved route for including almshouse charities in the benefits available under s.106.

Additional Definition of Affordable Housing.
For the purposes of the National Planning Policy Framework (NPPF), almshouse charities satisfy the current eligibility criteria as defined in the paragraphs on “social rented and affordable rented housing” and “affordable private rent housing” except that they do not charge rent: they are required by charity law to be used as homes for those in financial need, in accordance with Charity Commission schemes. In addition, almshouse accommodation falls within the definition of ‘social housing’ in ss.68-9 Housing and Regeneration Act 2008 (HRA).

Although almshouse charities are very similar to the forms of housing covered by the proposed definition of ‘affordable housing’ there remain some important legal differences that need to be recognised. In particular, there should be recognition that the legal status of almshouse charities is unchanged, irrespective of whether they are Registered Providers or unregistered, and express or implied references to rent should be deleted.

It is suggested that an additional category is added to the list of other definitions listed in the glossary as follows:

Almshouse Charities are another form of social housing whereby the institution is a charity and the accommodation is provided for the purposes of relieving of poverty, usually for elderly people. Residents are licensees rather than tenants and pay a weekly maintenance contribution rather than rent, the contribution being fixed at a level which is either no more than target rent for Registered Providers, or the equivalent fair rent as advised by the Valuation Office. In accordance with charity law, almshouse charities exist in perpetuity for the charitable purposes for which they were established.

The Almshouse Association has given an example above of how the glossary could be amended, but would welcome any amendment that would explicitly define almshouses as affordable housing.