MD3219 Large-Scale Purpose-Built Shared Living London Plan Guidance Document

1.1.    The London Plan 2021 was published on 2 March 2021, giving full statutory weight to the Spatial Development Strategy as part of the Development Plan for all London planning authorities. Following its publication, a suite of new guidance is being developed, providing additional detail on how specific policies in the Plan should be applied to planning applications and boroughs’ local plans. 
1.2.    The guidance document referred to in this Mayoral Decision (MD) (Appendix 1) has been drafted by the London Plan team and will be added to the suite of London Plan Guidance (LPG) documents adopted since the publication of the London Plan 2021. Previous LPGs were adopted by the Mayor in September 2021 (MD2861 – which included further background on the LPG programme and the approach being taken), March 2022 (MD2962), October 2022 (MD3021), December 2022 (MD3050) and May 2023 (MD3090).
1.3.    The LPG has no specific statutory weight, and cannot create or change London Plan policies. However, it may be a material planning consideration; adds further, more detailed guidance as to implementation of the London Plan; and assists in achieving key objectives in practice. 
 

2.1.    The objective of this LPG is to provide detailed guidance to complement and support the implementation of Policy H16: Large-Scale Purpose-Built Shared Living (LSPBSL) within the London Plan 2021, as well as the Good Growth objectives relating to housing quality and inclusion set out in the Plan. It should facilitate improved clarity and faster decision-making by ensuring a consistent and shared understanding of policy requirements across local planning authorities (LPAs) and all stakeholders – including developers and their agents, and the local community. The guidance should also enable the positive shaping of design and management of such schemes to best achieve objectives, informed by good practice. The adoption and implementation of the LPG will therefore contribute to the aims set out in the Greater London Authority Act 1999 (the GLA Act), particularly in relation to achieving sustainable development. 
2.2.    London Plan Policy H16 was first introduced in the 2017 draft London Plan in response to developer interest in building a new type of ‘co-living’ housing development. The policy aims to help define key aspects of LSPBSL in the context of the London Plan; and shape the design and management of new LSPBSL developments to ensure they support the delivery of Good Growth, at both the neighbourhood level and also in terms of the quality and inclusivity of accommodation provided. The LPG helps to reinforce this in the design guidance it provides, as well as sections on planning for mixed and inclusive communities, addressing issues such as the potential over-concentration of LSPBL and similar accommodation to the detriment of other housing provision and wider community needs. 
 

3.1.    The Mayor and the GLA are subject to the public sector equality duty, as set out in section 149 of the Equality Act 2010. The London Plan, and its policies, plan for growth on the basis of its potential to: improve the health and quality of life of all Londoners; reduce inequalities; and make the city a better place to live, work and visit. It uses the opportunities of a growing and changing city to plan for a better future, and for planning decisions to be focused on improving London, transforming the city over time. It plans not just for growth, but for Good Growth: sustainable growth that works for everyone. 
3.2.    Objective GG1 of the London Plan – building strong and inclusive communities – makes it clear that Good Growth is inclusive growth. This objective underpins the policies in the Plan, which will help to address inequality in a broad range of ways. The London Plan 2021 was subject to an iterative Integrated Impact Assessment process, including an Equality Impact Assessment (EqIA), and this assessed the impact of the policies within the Plan on which the LPG in this report provides further guidance. This has been supplemented by an EqIA specific to the LPG, recognising that the application of the detail can give rise to additional, exacerbated or mitigated impacts that need to be taken into consideration in having due regard to the Public Sector Equality Duty. 
3.3.    This EqIA was published as one of the documents for comment as part of the consultation exercise undertaken. Consideration of the equality impacts through this process has led to changes to the wording of the LPG – in particular, to remove the single-occupancy requirement and references to design being affected by a target demographic; and to insert reference to marketing that raises awareness of inclusive design features. 
3.4.    The associated EqIA was also updated following revisions to the draft LPG, post-consultation. This update showed positive impacts for most groups through a variety of mechanisms. These notably include guidance advising of inclusive design and management plan features; advice on managing housing mix at the neighbourhood level; encouragement of the inclusion of facilities and public realm improvements of benefit to the wider public; and appropriate consideration and mitigation of infrastructure impacts. The EqIA is included in Appendix 2.
3.5.    The Mayor should have regard to the contents of this EqIA report in deciding whether to agree the recommendations in this report.
 

Risks and issues
4.1.    Care has been taken to ensure that the guidance contained in the LPG: does not create or amend policies contained within the London Plan 2021; and falls within the legal powers, and follows a considered process, used to produce such guidance. This document does not purport to be a statutory Local Development Document within the meaning of the Planning and Compulsory Purchase Act 2004; or Supplementary Planning Documents developed in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012. This will mitigate the risk of any legal challenge to the LPG documents following adoption. 
4.2.    Historically, the issuing of Supplementary Planning Guidance has not always been as successful as envisaged, due to the length of the documents and a lack of focus on how their requirements should be implemented in the planning system. To mitigate this risk, the LPG documents aim to be clear and direct, without unnecessary related information. This LPG document clearly sets out, at the start, the types of planning applications it should be applied to and how it relates to boroughs’ development plan documents (as relevant). The relevant London Plan policy, and who the guidance is for, are also explained at the start of the document. 
4.3.    While the London Plan 2021 was developed and subject to examination in public prior to the Mayor’s target for London to be carbon-neutral by 2030 was established, it remains a sound spatial development strategy for London and part of the statutory development plan for Greater London. Furthermore, the provisions that implement the spatial aspects of the Mayor’s Transport Strategy, as required by subsection 334(4)(a) of the GLA Act, remain up to date and highly relevant in addressing the challenges of climate change and tackling damaging air quality.
Conflicts of interest 
4.4.    No one involved in the drafting or clearance of this form, or the preparation of the LPG, has any conflict of interest that might arise as a result of the adoption and implementation of the LPG.

Link to Mayoral strategies and priorities
4.5.    As well as supporting implementation of the London Plan 2021, this LPG will support the priority of delivering high-quality homes and inclusive neighbourhoods as set out in the Mayor’s Housing Strategy.
Consultation and impact assessments 
4.6.    Consultation was undertaken in accordance with section 32 of the GLA Act. This included a bespoke engagement process in order to realise Good Growth objective GG1 A, which requires early and inclusive engagement with stakeholders.
4.7.    Consultation on the draft LPG was undertaken between 27 January and 27 March 2022. Three online events were held through the consultation period for Londoners to learn more about the draft LPG and ask questions. Through the consultation period there were 215 attendees to virtual events, 3,611 page views and 797 document downloads. Of the 33 consultation responses received, 16 came through the dedicated online consultation survey; two via both the survey and email; and 15 via email only. This is detailed in the consultation summary report attached at Appendix 3.
4.8.    Whilst the consultation on the draft LPG was carried out in 2022, there was ongoing engagement with industry, developers and operators, as well as LPAs. Industry stakeholders subsequently continued to submit operational information from occupied LSPBSL developments. The GLA’s planning and viability officers have reviewed many of the LSPBSL planning applications that have been determined by LPAs. In addition, a further discussion was held with LPA representatives in October 2023.
4.9.    Consideration was given to whether a further re-consultation on a revised draft would add value to the guidance. However, given that there has been ongoing engagement with the key interested parties following the formal consultation period, this was considered unnecessary, having regard to the use of resources and stakeholder time. The follow-up engagement has enabled the iterative refinement of the document to best support policy objectives, and we consider that it appropriately addresses concerns. It is considered that finalising and adopting the guidance without further delay will help shape what LPAs have advised is an increasing number of LSPBSL schemes in preparation. 
Engagement
4.10.    Respondents representing LPAs were generally supportive of the draft guidance. However, they requested additional detail justifying the need for this type of housing; and additional guidance on how to determine if an LSPBSL development would contribute to creating mixed and balanced communities. They found the draft guidance insufficiently clear on ways to identify and manage potential concentrations of LSPBSL schemes within a neighbourhood or supply. A key concern was that this type of development would eventually be turned into substandard C3 accommodation, or could ‘crowd out’ mainstream accommodation (including affordable) for which there is a larger need. 
4.11.    During the consultation on the first draft, non-LPA respondents generally found the guidance overly prescriptive in its requirements for bedroom unit area sizes; indoor and outdoor communal areas; and the provision of kitchen and dining facilities. They requested changes to the standards set within the LPG to reflect operational realities. Another key concern was that the directive style of language being used throughout the draft LPG read like policy, as opposed to guidance, and could constrain design responsiveness to factors such as site specifics and scheme size.
4.12.    Consultation responses also argued the view that the requirement for single-person occupancy should be removed. This argument was made for many reasons, including market realities; the practical ability to enforce the requirement; and the equalities impacts of excluding couples. 
4.13.    Since the consultation closed there have been ongoing informal discussions with developers and operators, as well as LPAs. A record of these is included in Appendix 3.
4.14.    The table below outlines the key changes that have been made to the LPG in response to the consultation; subsequent analysis of LSBPSL development proposals; and ongoing conversations with LPAs and builders/operators, and as a result of the EqIA. 

5.1.    There are no direct financial implications for the GLA arising from this decision.

6.1.    There is no statutory power that expressly deals with the development of the LPG in the GLA Act). However, LPG is developed in accordance with the general power in section 30 of the GLA Act,  which gives the GLA the power to do anything that it considers will further any one or more of its principal purposes, namely promoting economic development and wealth creation; social development; and the improvement of the environment in Greater London. The LPG will further all three principal purposes to some extent, in particular promoting social development and the improvement of the environment. In addition, section 34 of the GLA Act contains a general power to do that which “is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the Authority”. The LPG is developed under these general powers. 
6.2.    The High Court has confirmed  that planning guidance issued by the Mayor of London is capable of being a material planning consideration in the same way as local Supplementary Planning Documents at borough level – that is, through supporting the policies in the relevant Plan. 
6.3.    The LPG has been subject to legal advice. 
6.4.    The Mayor and the GLA are subject to the public sector equality duty; this is considered in detail in section three. 
 

7.1.    This is the final stage of the development process for this piece of guidance and subject to this decision this LPG will be published with appropriate notification in February. There is further guidance on other London Plan subject areas in different stages of development.
7.2.    The LPG will be applied as a material consideration to the local plan-making process, and to relevant planning applications by decision-makers. As a result, boroughs will consider the guidance (where relevant) when developing local plans and assessing planning applications for LSPBSL schemes. It will also be considered when assessing the general conformity of local plans with the London Plan, and in the assessment of referable planning applications. 

7.3.    The LPG includes links to GLA webpages and references other guidance in preparation. As and when the web addresses change, and other documents are finalised, the links in the online and PDF versions of the LPG will be amended to ensure they direct users to the correct place, and any additional links will be added as appropriate. 
7.4.    Timelines for the key next step activities are as follows:
i.    notification of the adoption – February 2024
ii.    publication (including supporting documents) – February 2024.
 

•    Appendix 1 – Large-Scale Purpose-Built Shared Living LPG
•    Appendix 2 – Equalities Impact Assessment
•    Appendix 3 – Consultation Summary Report