Developers can no longer over-pay for land to wriggle out of their affordable housing commitments

HMP Holloway, London. Image: Getty.

The Labour Councillor and executive member for housing & development at the London Borough of Islington, on a landmark planning decision.

The last prisoners left HMP Holloway in July 2016, as part of the government’s £1.3bn prison building and reform programme. The now empty site is owned by the Ministry of Justice, which has been marketing it for sale since last November – but we’re still waiting (im)patiently for the outcome of this process.

Any application to develop the site must be approved by Islington Council’s planning committee. Thankfully, Islington has some of the toughest planning policies in the country, designed to deliver as much genuinely affordable housing – by that we mean homes for social rent – as possible.

Since we published our planning guidance for the site, many local residents have got in touch to show their support for our approach.  But understandably, many people are also concerned about how we are going to be able to enforce this policy when the Ministry of Justice’s primary aim is clearly to get the maximum possible price for the site.

The good news is that our policy has now been tested in the High Court – and we won.

In April, the High Court considered a case that centres around a planning application for a residential development on the site of the former Territorial Army building on Parkhurst Road, within shouting distance from the former prison that once incarcerated Emily Davison, Constance Markievicz and Oscar Wilde to name but a few.


The first thing to note about Parkhurst Road Ltd v Secretary of State for Communities and Local Government and London Borough of Islington is, as you’ll see from its name, that Islington Council and the Secretary of State are on the same side. To understand why this is, we need to go back a little bit.

When this matter originally went before Islington’s Planning Committee in 2014, the applicant committed to just 16 genuinely affordable homes out of a total of 112, miles away from the Council’s policy of at least 50 per cent. The developer argued that it wasn’t financially viable for it include any further genuinely affordable homes, having paid the Ministry of Defence £13.3mm for the site in 2013. The committee rejected this application, as well as a further application in 2016. 

But it wasn’t just Islington which took issue with the idea that it wasn’t possible to build more genuinely affordable homes because of the excessive sale price. When it then came before the government’s Planning Inspectorate, the developer’s appeal was also dismissed. The Inspector made clear that, when assessing the value of any site, local planning obligations must be a taken into account. So when the developer decided to appeal the Inspector’s decision in the High Court, the Secretary of State for Communities & Local Government, and the London Borough of Islington, found themselves on the same side.

In a nutshell, the High Court judgment makes clear that developers cannot overpay for land, and then argue that they are not able to meet any of the borough’s genuinely affordable housing requirements because they have overpaid for the land. But the learned judge went even further than this. A postscript to the judgement makes clear that the Royal Institution of Chartered Surveyors (RICS) should update their guidance so that in the future this kind of dispute can be resolved before it gets anywhere near a courtroom. In particular, future guidance should ensure that developers shouldn’t seek to mitigate high purchase prices by reducing affordable housing numbers.

There are around 18,000 people in need of homes on Islington Council’s Housing Register. Unless the Ministry of Justice can understand the concept of housing justice, then it isn’t really worthy of the name.

Both the Ministry and any potential buyer would do well to heed the lessons of another site that has lay empty for too long – one that can be seen clearly through the windows of the now empty upper floors of Holloway Prison.

Diarmaid Ward is a Labour councillor and the executive member for housing & development at the London Borough of Islington. This article first appeared on the Centre for Crime & Justice Studies blog.

 
 
 
 

The IPPC report on the melting ice caps makes for terrifying reading

A Greeland iceberg, 2007. Image: Getty.

Earlier this year, the Intergovernmental Panel on Climate Change (IPCC) – the UN body responsible for communicating the science of climate breakdown – released its long-awaited Special Report on the Ocean and Cryosphere in a Changing Climate.

Based on almost 7,000 peer-reviewed research articles, the report is a cutting-edge crash course in how human-caused climate breakdown is changing our ice and oceans and what it means for humanity and the living planet. In a nutshell, the news isn’t good.

Cryosphere in decline

Most of us rarely come into contact with the cryosphere, but it is a critical part of our climate system. The term refers to the frozen parts of our planet – the great ice sheets of Greenland and Antarctica, the icebergs that break off and drift in the oceans, the glaciers on our high mountain ranges, our winter snow, the ice on lakes and the polar oceans, and the frozen ground in much of the Arctic landscape called permafrost.

The cryosphere is shrinking. Snow cover is reducing, glaciers and ice sheets are melting and permafrost is thawing. We’ve known this for most of my 25-year career, but the report highlights that melting is accelerating, with potentially disastrous consequences for humanity and marine and high mountain ecosystems.

At the moment, we’re on track to lose more than half of all the permafrost by the end of the century. Thousands of roads and buildings sit on this frozen soil – and their foundations are slowly transitioning to mud. Permafrost also stores almost twice the amount of carbon as is present in the atmosphere. While increased plant growth may be able to offset some of the release of carbon from newly thawed soils, much will be released to the atmosphere, significantly accelerating the pace of global heating.

Sea ice is declining rapidly, and an ice-free Arctic ocean will become a regular summer occurrence as things stand. Indigenous peoples who live in the Arctic are already having to change how they hunt and travel, and some coastal communities are already planning for relocation. Populations of seals, walruses, polar bears, whales and other mammals and sea birds who depend on the ice may crash if sea ice is regularly absent. And as water in its bright-white solid form is much more effective at reflecting heat from the sun, its rapid loss is also accelerating global heating.

Glaciers are also melting. If emissions continue on their current trajectory, smaller glaciers will shrink by more than 80 per cent by the end of the century. This retreat will place increasing strain on the hundreds of millions of people globally who rely on glaciers for water, agriculture, and power. Dangerous landslides, avalanches, rockfalls and floods will become increasingly normal in mountain areas.


Rising oceans, rising problems

All this melting ice means that sea levels are rising. While seas rose globally by around 15cm during the 20th century, they’re now rising more than twice as fast –- and this rate is accelerating.

Thanks to research from myself and others, we now better understand how Antarctica and Greenland’s ice sheets interact with the oceans. As a result, the latest report has upgraded its long-term estimates for how much sea level is expected to rise. Uncertainties still remain, but we’re headed for a rise of between 60 and 110cm by 2100.

Of course, sea level isn’t static. Intense rainfall and cyclones – themselves exacerbated by climate breakdown – can cause water to surge metres above the normal level. The IPCC’s report is very clear: these extreme storm surges we used to expect once per century will now be expected every year by mid-century. In addition to rapidly curbing emissions, we must invest millions to protect at-risk coastal and low-lying areas from flooding and loss of life.

Ocean ecosystems

Up to now, the ocean has taken up more than 90 per cent of the excess heat in the global climate system. Warming to date has already reduced the mixing between water layers and, as a consequence, has reduced the supply of oxygen and nutrients for marine life. By 2100 the ocean will take up five to seven times more heat than it has done in the past 50 years if we don’t change our emissions trajectory. Marine heatwaves are also projected to be more intense, last longer and occur 50 times more often. To top it off, the ocean is becoming more acidic as it continues to absorb a proportion of the carbon dioxide we emit.

Collectively, these pressures place marine life across the globe under unprecedented threat. Some species may move to new waters, but others less able to adapt will decline or even die out. This could cause major problems for communities that depend on local seafood. As it stands, coral reefs – beautiful ecosystems that support thousands of species – will be nearly totally wiped out by the end of the century.

Between the lines

While the document makes some striking statements, it is actually relatively conservative with its conclusions – perhaps because it had to be approved by the 195 nations that ratify the IPCC’s reports. Right now, I would expect that sea level rise and ice melt will occur faster than the report predicts. Ten years ago, I might have said the opposite. But the latest science is painting an increasingly grave picture for the future of our oceans and cryosphere – particularly if we carry on with “business as usual”.

The difference between 1.5°C and 2°C of heating is especially important for the icy poles, which warm much faster than the global average. At 1.5°C of warming, the probability of an ice-free September in the Arctic ocean is one in 100. But at 2°C, we’d expect to see this happening about one-third of the time. Rising sea levels, ocean warming and acidification, melting glaciers, and permafrost also will also happen faster – and with it, the risks to humanity and the living planet increase. It’s up to us and the leaders we choose to stem the rising tide of climate and ecological breakdown.

Mark Brandon, Professor of Polar Oceanography, The Open University.

This article is republished from The Conversation under a Creative Commons license. Read the original article.