St Ives residents vote to restrict the development of second homes

Of those voting in a local referendum last week, 83% said they wanted Cornwall Council to use the St Ives Area Neighbourhood Development Plan (NDP) to help it decide planning applications in the area.

The NDP (108-page / 2.8 MB MS Word document) includes a policy that says “new open market housing … will only be supported where there is a restriction to ensure its occupancy as a principle residence”.

Under the policy, occupiers of new open market homes will be required to prove that they are occupying them as their primary residence upon request from the Council. The NDP lists “being registered on the local electoral register and being registered for and attending local services (such as healthcare, schools etc)” as examples of the type of evidence that could be offered by occupiers.

Planning and housing minister Brandon Lewis raised doubts in November 2014 over whether a principle residence policy would be legal or enforceable.

In a report issued last June (76-page / 355 KB PDF), independent examiner Deborah McCann said she had given “very serious consideration” to the proposed principle residence requirement. McCann concluded that “due to the adverse impact on the local community/economy of the uncontrolled growth of second homes the restriction of further second homes does in fact contribute to delivering sustainable development”. The examiner also said that the restriction could be considered to facilitate the delivery of the types of homes needed in the area.

According to a statement from Cornwall Council, architecture firm RTL Built Environment (RTL) has challenged the Council's decision to put the NDP forward for referendum. RTL claims that the NDP's policies do not comply with the basic conditions for a neighbourhood plan; that they are in conflict with national planning policy; and that they contravene the right to respect for one's private and family life under European law. The firm also argues that the public sector duty to have regard to equality in the exercise of functions has been breached.

Planning expert Emma Cottam of Pinsent Masons, the law firm behind Out-Law.com, said: "This decision by residents of St Ives comes less than one year after the Roseland referendum on its neighbourhood plan which also sought to impose a 'full time principal residence on open market housing'. On 20 August last year, Roseland residents voted that they wanted Cornwall Council to use the Roseland neighbourhood plan to help it decide planning applications in the area. In both cases, the sustainable economic growth of the area was key to the rationale behind the proposal; something which examiner Deborah McCann focused on in her report in this case. "

"The decisions coming out of the south west on neighbourhood planning will certainly provoke interesting debate on the inherent challenges in the interpretation and application of planning policy at a macro/micro level." said Cottam. "One argument is that restricting the use of housing in this way is contrary to the fundamental right of respect of one’s home and family life. This was indeed the view of Brandon Lewis in November 2014 at the start of the consultation in to the St Ives plan, who believed the right to home ownership is a 'human right and a fundamental British liberty'."

"However, the vitality of local economies need to contribute meaningfully to the larger national picture and smaller local economies argue that housing, and therefore communities, left empty during ‘low’ season significantly affects their ability to thrive economically," said Cottam. "It will certainly be interesting to see how the local and national balance is considered as the judicial review challenge progresses."