FOI Disclosure Log

Customer Request Details

07 March 2019

 

As you may be aware, from 1 April 2016 the Self-build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016) places a number of obligations on all relevant authorities.  These include:

 

  1. To keep a register of individuals and associations of individuals who wish to acquire serviced plots of land to build their own homes in the authority’s area and to have regard to those registers in carrying out their planning, housing, land disposal and regeneration functions.
  2. To give suitable development permission in respect of enough serviced plots to meet the demand.

 

I am writing to you as part of work commissioned by the National Custom & Self Build Association (NaCSBA) with regards the administration of your self build registers with regards the following question.

 

Question

 

Given that you have, or about to, impose a local connection test with regards your self build register we are requesting the following:

  1.        The details of the local connection test that is applied.
  2.        Details of any public consultation undertaken before the test was introduced.
  3.        The formal papers and the supporting documents that were prepared with regards the decision to impose the local connection test.  In line with legislation/ regulation these should ideally cover:
    1. The “strong justification” for imposing the test.
    2. The specific “recognised local issue” that gave rise to the test.
    3. The “desired effect” that the test is seeking to achieve.
    4. The timings for the “periodic reviews”.
  4.        Details of the analysis undertaken since the implementation (if undertaken) of the local connection test to review the approach with regards:
    1. The “strong justification” for imposing the test.
    2. The specific “recognised local issue” that gave rise to the test.
    3. The “desired effect” that the test is seeking to achieve.
  5.        Other written policies where you apply a local connection test as part of your planning policies or processes, other than for custom and self-build.


East Herts Council Response

07 March 2019

I am writing to acknowledge your written request for information.

Your request is being considered and you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing reference to a third party.

The Act defines a number of exemptions, which may prevent release of the information you have requested.  There will be an assessment of your request and if any of the exemption categories apply then the information will not be released.  You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you.  You will be informed if this is the case.

There may be a fee payable for this information, this will be considered and you will be informed if any fees are payable.  In this event the fee must be paid before the information is processed and released.  The 20 working day time limit for the response is suspended until receipt of payment.

If you have any queries about the processing of your request then please do not hesitate to contact me.

It is important that you include the above FOI reference number on all correspondence related to this request.

Your personal details will be held within out Information Request case management system, and only used for the purposes of evaluating and processing your request.

While details of your information request may be published on the council website, your personal details will never be published or released to anyone outside the council unless it is required by the Information Commissioners Office.

Thank you for your request.

 



East Herts Council Response

02 April 2019

Thank you for your request for information, this has now been processed and the information that we hold is enclosed.

1. The details of the local connection test that is applied.

Those applying are asked the following, evidence has to be provided alongside the answer:
- I am a current resident and have lived in East Herts for the preceding 12 months
- I work in East Herts for at least 16 hours a week and have done so for the preceding 12 months
- I live outside East Herts but have parents, adult children or adult brothers or sisters who currently reside in East Herts and they have been resident continuously for the preceding five years.
- None of the above

 

2. Details of any public consultation undertaken before the test was introduced.

N/A decision to include local connection test made prior to PPG update.

 

3.       The formal papers and the supporting documents that were prepared with regards the decision to impose the local connection test.  In line with legislation/ regulation these should ideally cover:
                a. The “strong justification” for imposing the test.

N/A decision to include local connection test made prior to PPG update.

                b. The specific “recognised local issue” that gave rise to the test.

 N/A decision to include local connection test made prior to PPG update.

                c. The “desired effect” that the test is seeking to achieve.

N/A decision to include local connection test made prior to PPG update.

                d. The timings for the “periodic reviews”.

No formal timing for a review, however a review is likely to take place as part of the formulation of the Council’s Self and Custom Build Supplementary Planning Document.

 

4.       Details of the analysis undertaken since the implementation (if undertaken) of the local connection test to review the approach with regards:

Again, analysis on the below is likely to take place as part of the formulation of the Council’s Self and Custom Build Supplementary Planning Document.

e. The “strong justification” for imposing the test. N/A
f. The specific “recognised local issue” that gave rise to the test. N/A
g. The “desired effect” that the test is seeking to achieve. N/A

 

5.       Other written policies where you apply a local connection test as part of your planning policies or processes, other than for custom and self-build.

Local Connection test applied to Housing Register applicants – and therefore linked to affordable housing policy.

If you have any queries or complaint about the processing of your request please do not hesitate to contact me.

 

Alternatively for more information on the Freedom of Information Act contact the Information Commissioner at:

Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone 0303 123 1113

https://ico.org.uk/

 

It is important that you include the above FOI reference number on all correspondence related to this request.

 

Thank you for your request.