Build Homes Now! 2016 by Participation and the Practice of Rights (PPR)

Build Homes Now!

A sustainable solution for Dunnes/Hillview, North Belfast

Report by Participation and Practice of Rights and Equality Canâ&#x20AC;&#x2122;t Wait

Table of Contents p.3-4

Equality Can’t Wait Residents’ Foreword

p.5

Who we are

p.6

Introduction

p.7-8

Housing need in north Belfast

p.9-25

What obligations must be discharged when making a planning application decision at Dunnes/Hillview? 4.1 Human Rights Obligations 4.2 Equality legislation and policy including Section75 (1) of the Northern Ireland Act 1998 4.3 Programme for Government (PfG) 2016-2021 4.4 Planning Guidance and Strategies in Northern Ireland 4.5 Key Themes for Planning Decisions a) The identification and facilitation of land b) The need to build housing c) Sustainable development d) ‘The Belfast Agenda‘ e) Strong preference for use of existing land in building housing f) Any other material considerations (including community opinions)

p.26-27

An Alternative Proposal - a sustainable solution for Dunnes/Hillview

p.28

Conclusion

p.29-30

Appendix - Political Party messages of support 2

Equality Can’t Wait Residents’ Foreword Dear Private Developers Minister for Communities Minister for Infrastructure Belfast City Council Planning Committee Belfast City Councillors MLAs Northern Ireland Housing Executive Housing Association Chief Executives This is an open letter to decision makers in our society regarding recently announced plans by private developers to exclude social housing on precious empty land at Dunnes/Hillview retail park, north Belfast. With this letter you will find a detailed report of how you can take decisions which will lead to more social housing for the many thousands on the waiting list. We hope you take the time to read it and act on your responsibilities to protect and promote the human right to housing.

Equality Can’t Wait standing up for homeless families at Dunnes/Hillview site

We are the residents of the Equality Can’t Wait campaign and our rights are being denied. We are suffering because of ongoing religious inequality in social housing provision. Our campaign began in north Belfast but has since grown and supports many people from all communities across the city. We are families, mostly mothers and children, who have been waiting for years for a place to call home. Between us we have thousands of social housing need points. If we could move safely to areas of low demand we would be rehoused tomorrow. But it is not safe because our city is divided, so we wait. While we wait we live in hostels, in temporary private single let accommodation, in such poor conditions that our children are made sick. While we wait we live in expensive insecure housing with unaccountable landlords. While we wait we are homeless and sleeping rough or dependent upon the charity of family and friends. While we wait our children grow up with nowhere to play, nowhere to call home, nowhere to make friends.

We have all complained and written to politicians, ministers and housing providers. We have supplied detailed evidence of how our human rights are being denied. We’ve had councillors, MLAs, doctors, social workers, advice workers, family support workers and human rights campaigners speak on our behalf to stress just how badly our families are affected. Three times the United Nations have called for action to tackle religious inequality and three times the NI Assembly Executive done nothing. In the last year the Children’s Commission, the Human Rights Commission and the Equality Commission have all spoken out as well. For years we have watched land which could become homes and communities being used up and sold off. Over 2000 student housing units are planned for Belfast City Centre but where are the homes for families on all the empty land we have found? At the same time we are blamed. We are told our housing problems are somehow our fault because we were born in areas of high demand. We are told there is no money or land. This is this untrue. We know from our research that the money is not the problem and we have identified all the land in our communities including five big sites across the city in areas of high demand. In the last year representatives from five political parties at the assembly (Sinn Féin, SDLP, Alliance, People Before Profit, Green Party) have met with us, demonstrated with us, signed our petitions and publicly called for social and affordable housing at these big sites; • • • •

North Belfast - Dunnes Stores/Hillview Retail Park and Nelson Street South & East Belfast – Sirocco Works West Belfast - Mackies site/Monagh bypass Belfast Harbour

All seven parties that sit on the Belfast City Council planning committee made pledges to deliver social housing in recent Assembly and local government manifestos. Now it’s time for action in support of families. We can’t wait any longer. Below are our objections to the current plans to exclude social housing from the Dunnes / Hillview site in north Belfast. More importantly, we explain how developers and elected representatives can work with families’ to see precious land used to meet the needs of the people of the city. Signed

Kelly Mon on behalf of the Equality Can’t Wait campaign

1. Who we are Participation and the Practice of Rights (PPR) is a human rights organisation located in Belfast, Northern Ireland. Established in 2006 by human rights activist and trade unionist Inez McCormack, PPR supports marginalised groups to use human rights tools to realise their social and economic rights. In 2012, PPR’s unique approach was recognised by the United Nations Office of the High Commissioner for Human Rights as a good practice example of how communities can claim their rights. Equality Can’t Wait (ECW) is a group made up of people who are directly impacted by the shortage of social housing across Belfast, and the well documented housing inequality impacting the Catholic community within North Belfast. PPR supports ECW to campaign for the realisation of their human right to adequate housing.

Equality Can’t Wait Families with representatives of Sinn Féin, Alliance and SDLP

This report is in response to the consultation being carried out by Killultagh Properties who have issued a Pre Application Notification (PAN) to Belfast City Council of plans to develop the Dunnes/Hillview site in North Belfast The report, by PPR in support of the Equality Can’t Wait group, should be treated as a formal submission to the PAN application process, and a formal objection to the plans in their current form as well as providing supplementary information to inform all future stages of the planning process regarding this site. Please note the attached copies of political party objections and a petition signed by over 1000 Belfast residents calling for social housing on the Dunnes / Hillview site.

2. Introduction We are concerned that the current proposal fails to meet a range of human rights, equality, legislative and policy obligations which together govern decision making at Belfast City Council and the NI Executive. These concerns are detailed below. Alongside this we propose a solution which will satisfy and strengthen employment retail opportunities, provide long term sustainability on the site which has failed as ‘retail only’ usage in the past, fall in line with Council and Departmental planning objectives, deliver on human rights commitments and most importantly meet the needs of the thousands of people on the waiting list for social housing in the surrounding communities. PPR and ECW recognise that this application is at the PAN stage, and the developer must take in views of the community about the plans. Belfast City Council’s Statement of Community Involvement (SCI) guidelines state that, inter alia, community groups, elected reps, and people in an area, are “in particular, the views which shall be sought” (p7). We hope to see our concerns below considered and reflected in full in the pre-application consultation report in line with guidance, including how the proposal will change in light of the issues raised.

3. Housing need in north Belfast According to the Northern Ireland Housing Executive’s (NIHE)1 ‘Belfast Housing Investment Plan 2015 – 2019’ there were almost 12,000 people on the social housing waiting list in Belfast in 2015 and almost 7,000 in ‘housing stress’. Around 6,000 families presented as homeless and over 3,000 were accepted as such. To deal with this crisis only 542 social homes were built in Northern Ireland last year. The failure to build social homes is having a disproportionate impact in areas where there are already chronic housing shortages, including for the Catholic community in North Belfast. This is one of the areas that experienced the highest number of conflict deaths, and displacement of communities during the conflict, and is still impacted by socio-economic deprivation, sectarian tensions and violence. As a result, North Belfast remains a highly segregated area of Belfast, with communities living together along religious/community background lines. According to figures received under the Freedom of Information Act, in North Belfast between September 2013 – September 2014 Protestants waited 11.5 months on the social housing waiting list before allocation while Catholics waited 20.7 months. In 2008 the Department for Social Development projected in an Equality Impact Assessment that between 2008-2012 96% of the need for additional social housing in North Belfast would be in the Catholic community, however no action was taken to address this. In 2009 the Northern Ireland Housing Executive’s previous policy of ‘ring-fencing’ of new build social housing 700 units for North Belfast, West Belfast and Londonderry 666 in recognition of housing inequality in those areas Catholic Community ended. Information from the Minister’s office Background confirmed that removal would lead to a 29% drop in Protestant Community new build social housing in North Belfast. Background 300

Stark differences exist in provision of social housing units across the two main communities which do not in any way reflect objective need. In 2014 there was a surplus of 72 housing units in Protestant areas of North Belfast in contrast with a deficit of 666 units in Catholic areas. The housing situation for Catholics in North Belfast has twice attracted comment from the United Nations Committee on Economic, Social and

-72 -100

New Housing Needed in North Belfast NIHE Data (2014)

The Northern Ireland Housing Executive is the public body with responsibility for social housing in Northern Ireland. 1

Cultural Rights 2, as well as the Council of Europe Human Rights Commissioner Thomas Hammarberg3 and UN Special Rapporteur on the Right to Adequate Housing.4 Land with potential to address the inequality and need is extremely limited across Belfast, and particularly in North Belfast.

Concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland, UN Committee on Economic, Social and Cultural Rights, 20 October 2008.; Concluding observations on the sixth periodic report of the United Kingdom of Great Britain and Northern Ireland, UN Committee on Economic, Social and Cultural Rights, 14 July 2016 2

â&#x20AC;&#x2DC;Commissioner for Human Rights Thomas Hammarberg Visits Seven Towers, North Belfast, as Part of His Visit to the UKâ&#x20AC;&#x2122;, December 2011, http://www.pprproject.org/commissioner-forhuman-rights-thomas-hammarberg-visits-seven-towers-north-belfast-as-part-of-his 3

Report of the Special Rapporteur on right to housing regarding mission to the United Kingdom of Great Britain and Northern Ireland, 30 December 2013 8 4

4. What obligations must be discharged when making a planning application decision on Dunnes/Hillview? A successful planning application for the Dunnes/Hillview site should take into account a range of obligations including the following: Human rights obligations including those deriving from the International Covenant on Economic, Social and Cultural Rights

YES

Equality legislation and policy, including Section75 (1) of the Northern Ireland Act 1998

YES

The Programme for Government

YES

Planning guidance and strategies: o the Local Development Plan (LDP) o Strategic Planning Policy Statement for Northern Ireland (SPPS) o the Regional Development Strategy 2035 (RDS)

The following key principles/planning functions which are especially relevant within the planning guidance o The identification and facilitation of land

YES

o The need to build housing + indicators

YES

o Sustainable development commitments

YES

o Community Plan/â&#x20AC;&#x2122;The Belfast Agendaâ&#x20AC;&#x2122;

YES

o Strong preference for use of existing land in building

housing

o Any other material considerations (including

community opinions)

It should be noted that the planning guidance in the SPSS applies to the whole of Northern Ireland which is in conformity with the RDS 2035 and must be taken into account in the preparation of any LDP, and is material to all decisions on individual planning applications and appeals. It has a statutory basis under Part 1 of the NI Planning Act (2011). 9

4.1 Human Rights Obligations

The Dunnes/Hillview site provides an opportunity to begin to address a significant and longstanding inequality which has remained unaddressed in Northern Ireland and has attracted “[The UK government and NI significant international attention. As a signatory to the International Covenant on Economic, Social and Cultural Rights (ICESCR) the government of the United Kingdom, and through it the Northern Ireland Executive, Minister for Communities, Minister for Infrastructure, Belfast City Council (and other statutory bodies with housing functions) have certain obligations to realise the right to housing. These include Article 11(1) of ICESCR which states:

Executive must] [i]ntensify its efforts to address the challenges to overcome persistent inequalities in housing for Catholic families in North Belfast, including through meaningful participation of all actors in decision-making processes related to housing.” United Nations Committee on Economic, Social and Cultural Rights, June 2016

“1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent.” Article 2 of ICESCR also places an obligation on the Northern Ireland Executive to ensure that the government “take steps to the maximum of its available resources” to progressively realise the right to housing. The United Nations Committee with responsibility for oversight of ICESCR has clarified that such steps must be “deliberate, concrete and targeted” towards the realisation of rights. Article 2 also provides that State Parties guarantee that the right to housing be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. ICESCR also mandates that the Northern Ireland Executive give due priority to those social groups living in unfavourable conditions by giving them particular consideration. Policies and legislation should correspondingly not be designed to benefit already advantaged social groups at the expense of others. Significantly, the Committee also notes that the obligation to ensure the protection of the rights of vulnerable groups is relevant even in times of severe economic constraint or recession.

4.1 Conclusion In failing to address both the broad need for social housing in Belfast and the specific need for social housing for the Catholic community in North Belfast, the current plans for Dunnes/ Hillview do not discharge these obligations. Human rights obligations including those deriving from the International Covenant on Economic, Social and Cultural Rights

YES

4.2 Equality legislation and policy including Section75 (1) of the Northern Ireland Act 1998

The Executive and its departments are bound by equality obligations, both internationally and through domestic obligation such as Section 75 (1) of the Northern Ireland Act 1998. In addition to international human rights obligations, the NI Executive and all public bodies with housing, or housing related responsibilities, are under local legislative obligations to tackle inequality and target objective need. Section 75 (1) requires all public authorities to have due regard to the promotion of equality of opportunity amongst nine specified groups and to have regard to the desirability of promoting good relations in all their functions. Virginia Bras-Gomes, United Nations ESC Rights Committee member at Dunnes/Hillview site

In practice, this requires public authorities including Belfast City Council and the Department for Infrastructure to submit an Equality Scheme to the Equality Commission for Northern Ireland detailing how they will fulfil their duties, including by using tools such as Equality Impact Assessments which are intended to gauge the impact of government policies on the nine groups and ensure equality outcomes are achieved.

As with all council duties, the Local Development Plan and other planning agreements must meet Section 75 obligations, which are relevant due to religious aspect of the housing inequality in North Belfast, which is one of the nine groups named in Section 75.

4.2 Conclusion In leaving housing inequality in North Belfast unaddressed, the current plans for Dunnes/ Hillview do not discharge this obligation. Equality legislation and policy, including Section75 (1) of the Northern Ireland Act 1998

YES

4.3 Programme for Government (PfG) 2016-2021

The Executive’s recent PfG uses an outcome based framework, and sets itself the target if “improve[ing] the supply of suitable housing”. It will measure its success by measuring the number of household in housing stress.5 This will complement ‘Facing the Future’ the NI Executive’s Housing Strategy, which seeks “to ensure that everyone has the opportunity to access good quality housing at a reasonable cost”.6

4.3 Conclusion Including housing at the Dunnes/Hillview site would help the Executive meet one of its key Programme for Government indicators in assessing its success, while furthering the aims and objectives of the Housing Strategy. The current proposal does not deliver on these objectives. The Programme for Government

YES

Indicator 8, Draft Programme for Government Framework, NI Executive, pages 57-58

‘Facing the Future: The Housing Strategy for Northern Ireland 2012-17’

4.4 Planning Guidance and Strategies in Northern Ireland Planning in Northern Ireland is increasingly the role of Councils, with the Department of Infrastructure retaining a role (especially in regards to planning guidance and in developing regional developments). The main sources of planning guidance the Councils and the Department must adhere to derive from the Regional Development Strategy 2035 (RDS), the Strategic Planning Policy Statements of NI (SPPS), planning guidance notes, and for Councils the Local Development Plan. All guidance compliments each other, and the LDP is informed by the RDS and the SPPS. When Council is making a planning decision it must take into consideration it’s LDP, sustainable development goals, any representations and any other material considerations, as well as departmental and executive guidance. The Regional Development Strategy (RDS) focuses on the future development of Northern Ireland to 2035 and is the spatial strategy of the Executive. The RDS was developed in 2010 by the Department of Regional Development (whose responsibilities have now passed to the Department of Infrastructure).7 The SPPS has been agreed by the NI Executive and has a statutory basis under Part 1 of the Planning Act (NI) 2011.8 The SPPS brings together around twenty separately developed policy papers into one document, setting out strategic planning policy across a wide range of planning matters; “the SPPS is a statement of the Department’s policy on important planning matters [...] It reflects the [...] Ministers expectations for delivery of the planning system. It has been agreed by the NI Executive and is to be in conformity with RDS 2035.” 9 The SPPS states that:

Regional Development Strategy, RDS 2035, Building a Better Future, Strategic Planning and Coordination Division, Department for Regional Development Strategic Planning Policy Statement for Northern Ireland (SPPS), Planning for Sustainable Development, September 2015, Department of Environment, page 6 8

Ibid 14

“Creating places where communities flourish and enjoy a shared sense of belonging, both now and into the future, is fundamentally what planning is about.” The SPPS further states that: “The planning system operates in the public interest of local communities and the region as a whole, and encompasses the present as well as future needs of society. [...]The basic question is [...] whether the proposal would unacceptably affect amenities and the existing use of land and buildings that ought to be protected in the public interest.”

4.4 Conclusion In light of the housing need, and unaddressed religious inequality in housing which runs counter to equality legislation, it is clear that a proposal for Dunnes/Hillview that did not include social housing would not be in the public interest. Planning guidance and strategies: o the Local Development Plan (LDP) o Strategic Planning Policy Statement for Northern Ireland (SPPS) o the Regional Development Strategy 2035 (RDS)

YES

4.5 Key Themes for Planning Decisions

Throughout the main planning and development guidance (RDS, SPPS, LDP), some themes are key and reoccurring.

a) The identification and facilitation of land A main function of planning is to ensure an adequate supply of land for planning needs. Section 1 of the Planning Act NI 2011 states: “The Department must formulate and co-ordinate policy for securing the orderly and consistent development of land and the planning of that development”.10 The RDS sets out guidance for the Department to: “Ensure adequate supply of land to facilitate sustainable economic growth” 11. The SPPS reiterates this by stating that: “The objective of the planning system […] is to secure the orderly and consistent development of land whilst furthering sustainable development and improving wellbeing.” Following from this, a core aim of the LDP will be for the Council to: “facilitate growth by coordinating public and private investment to encourage development where it can be of most benefit to the wellbeing of the community”, This includes: “Allocat[ing] sufficient land to meet the needs of the city”.12 This is important because official planning legislation states that council/department planning must have regard to the LDP, and: “the determination must be made in accordance with the plan unless material considerations indicate otherwise”13. This is a legal requirement. Development Management Practice Note 16, ‘The Determination of Planning Applications’ April 2015, Department of Environment, page 5 10

RDS 2035, p31

Local development plan, Belfast City Council, http://www.belfastcity.gov.uk/buildingcontrolenvironment/Planning/localdevelopmentplan.aspx 12

Section 6 (4) of the 2011 Planning Act NI 16

4.5a Conclusion One of the Belfast’s key needs is social housing. In 2016 PPR / ECW published research by prominent economist Paul Gosling called ‘Funding for Social Housing’14 which found that the Northern Ireland Federation of Housing Association identified the lack of suitable land with planning approval as the main barrier to building social housing in Northern Ireland. As such, the current plans for the Dunnes/Hillview site do not discharge the LDP’s aim of allocating sufficient land to meet the needs of the city. o The identification and facilitation of land

YES

Killultagh Propteries’ Planning Proposal - An ineffective and unsustainable use of land in an area of chronic social housing need and inequality

14Available

at http://www.pprproject.org/sites/default/files/Funding%20for%20New%20Social %20Housing%20July%202016.pdf 17

4.5 Key Themes for Planning Decisions b) the need to build housing

A main function of planning is to ensure an adequate supply of land for housing development. This must be informed by housing need. The RDS requires the Department to: “Manage housing growth to achieve sustainable patterns of residential development”.15

Current Plans by Killultagh Properties. Where is the social housing?

The Local Development Plan process is the main vehicle for assessing future housing land requirements and managing housing growth. SPPS: 6.137 states: “In preparing Local Development Plans (LDPs) councils shall bring forward a strategy for housing, together with appropriate policies and proposals that must reflect the policy approach of the SPPS, tailored to the specific circumstances of the plan area. Planning authorities must deliver:... increased housing density without town cramming: higher density housing developments should be promoted in town and city centres and in other locations that benefit from high accessibility to public transport facilities.” Section 6.143 of the SPPS also requires reliance on the Housing Needs Assessment undertaken by the Northern Ireland Housing Executive, in order to identify the range of specific housing needs, including social/affordable housing requirements. Section 6.139 states that housing allocations in LDPs should be informed by the RDS Housing Growth Indicators which require 50100 homes/housing growth in Belfast urban area between 2008-2025. According to figures released by the NIHE under the Freedom of Information Act since 2011, only 5315 new build social homes have been completed, just over 10% of this figure. They should also consider Urban capacity studies to take account of housing development opportunities arising from previously developed land (i.e. brownfield sites), and windfall sites defined by the RDS as:

RDS 2035, p 40 18

“Housing sites that were neither zoned nor anticipated during the formulation of the development plan but which have become available during the lifetime of the plan.” 16

Equality Can’t Wait group gathering support in Ardoyne for social housing on Dunnes/Hillview

Announcing the timetable for its Local Development Plan (LDP). Planning Committee Chair Councillor Peter Johnston (UUP) acknowledged this duty stating that:

“we have a requirement to identify an adequate supply of housing land; without an LDP, Belfast is susceptible to speculative development proposals that may not deliver the aims of the council and wider needs of the city.” 17

4.5b Conclusion The Northern Ireland Housing Executive’s Social Housing Development Programme’s Unmet Social Housing Need Prospectus identifies Belfast as the area of Northern Ireland with the highest unmet need, with a need for 4,434 social housing units identified outside of those already planned in the Social Housing Development Programme. In light of this and the statistics identified in the ‘Housing Need’ section of this paper the failure to include social housing on the Dunnes/Hillview site is likely to mean the proposals to do not meet the requirements of the Local Development Plan. o The need to build housing + indicators

YES

RDS 2035, p. 109

‘Council sets out timetable for new Local Development Plan consultation’, Belfast City Council, 29 Jun 2016, http://www.belfastcity.gov.uk/News/News-68705.aspx 17

4.5 Key Themes for Planning Decisions c) Sustainable development A statutory duty exists on government departments and district councils to promote sustainable development under Section 25 of Northern Ireland (Miscellaneous Provisions) Act 2006. The NI Executive published ‘Everyone’s Involved - A Sustainable Development Strategy’ in May 2010, which sets out a number of priority areas for action and a number of strategic objectives to achieve in the pursuit of sustainable development.”18 The strategy above lists in its ‘Key Priorities’ the aim to strengthen society, by: “ensur[ing] that everyone has access to decent housing that enables them to live sustainably."19 Therefore, Council has a statutory duty to promote sustainable development in its decision making, of which access to decent housing is a key priority. The notion of sustainable development also forms part of the RDS: “Sustainable development is at the heart of the Regional Development Strategy.”20 The SPPS further iterates this by stating that: “The overall objective of the planning system is to further sustainable development and improve well-being for the people of the North.”

Development Management Practice Note 16, p. 6

Everyone's Involved, Sustainable Development Strategy, NI Executive

RDS 2035, p. 16 20

It goes on to say that planning authorities should deliver on all three pillars of sustainable development, of which social and affordable housing is a key element by: “facilitating sustainable housing growth in response to changing housing need”. Sustainable development must compliment with the aims of the RDS and the PfG: “In furthering sustainable development and improving well-being it is crucial that our planning system supports the Executive's Programme for Government commitments and priorities as well as the aims and objectives of the Regional Development Strategy 2035 (RDS)”21 Housing as an element of sustainable development must be reflected in the Council’s LDP. This must also be achieved; “through the recycling of land and buildings and the encouragement of compact town and village forms.”22 LDPs also call for local facilities, services and adequate infrastructure integrated into new housing development to meet the needs of the community as a way to meet sustainable development and housing obligations. “A design concept should be sought from and agreed with the developer incorporating sustainable elements such as good linkage of housing with schools, community facilities and public transport; provision for cycling; adequate provision of open space and landscaping integrated with broader green and blue infrastructure systems; energy efficient design of housing units and use of sustainable drainage systems, where appropriate.”23 These guidelines are reflected in our proposal for the site as outlined as below.

4.5c Conclusion A decision to continue with plans that would exclude the possibility of social housing would not discharge Councils statutory obligation to promote sustainable development, and facilitate housing growth in response to housing need. o Sustainable development commitments

SPPS, p. 10

SPPS, p.70

SPPS, p. 70

YES

4.5 Key Themes for Planning Decisions d) ‘The Belfast Agenda’

A statutory link exists between the forthcoming LDP and the council’s emerging Community Plan, known as the Belfast Agenda24 . The Agenda is also informed by the ‘Belfast Conversation’, where a key response/theme from residents of the city to the question “What would you like Belfast to be like in 2030?” was: “A clean, healthy and safe city where everyone has access to good housing, quality green spaces, services and facilities that enable them to be happy, safe and active”.25 The Belfast Agenda states it will be informed by earlier planning work, such as the Belfast City Master Plan, which again identified issues with social housing supply and demand as inhibitors “currently affecting Belfast and its potential”.26

4.5d Conclusion It is clear then, that not including social housing on the Dunnes/Hillview site will hinder the Council in fulfilling its duties and the vision of Belfast articulated above. o Community Plan/’The Belfast Agenda’

YES

Belfast Planning Service, Belfast City Local Development Plan (LDP) 2035: Timetable June 2016, p2 24

The Belfast Conversation, Summary Report, April-June2015, p7

Belfast City Masterplan 2004 – pp38-39 http://www.belfastcity.gov.uk/nmsruntime/ saveasdialog.aspx?lID=937&sID=687 26

4.5 Key Themes for Planning Decisions e) Strong preference for use of existing land in building housing The planning guidance and obligations stresses the need for responsible planning decisions, that ensure an adequate supply of land, and that a priority for this land must be housing, especially in areas of high housing stress, compatible with sustainable development obligations. The guidance shows a strong preference for the use of existing land (‘brownfield’ or ‘windfall’ sites) to be put towards the aim of meeting housing obligations.

Current Plans by Killultagh Properties. Not a

For instance the RDS: “recognises that there are significant opportunities for new housing on appropriate vacant and under-utilised land”27 It continues: “The policy approach must be to facilitate an adequate and available supply of quality housing to meet the needs of everyone”.28 The SPPS states that: “When place-making, planning authorities should make efficient use of existing capacities of land [...] in order to achieve sustainable communities where people want to live, work and play now and into the future.” Thus, using a site like Dunnes/Hillview, which has already been developed but is not in use, would be in keeping with this principle. The SPPS further states that: “Identifying previously developed land within settlements [...can assist with the return to productive use of vacant or underused land.]” 27

RDS 2035, p. 69

RDS 2035, p. 41 23

The LDP must be informed by the principles in the SPPS and RDS.

4.5e Conclusion As a currently vacant site in an area of high housing stress, failure to include social housing on the Dunnes/Hillview site does not deliver on the RDS policy approach to facilitate an adequate supply of housing to meet the needs of everyone. o Strong preference for use of existing land in building

housing

YES

4.5 Key Themes for Planning Decisions f) Any other material considerations (including community opinions) Official planning guidance states that there

“is no legal definition for material considerations; however they are held to include all the fundamental factors involved in land-use planning. Essentially a material consideration is one which is relevant to making a planning decision as to whether to grant or refuse an application for planning permission. Material considerations will vary depending on the specific circumstances of each case.” The SPPS states that:

Thousands sign-up in support of housing on Dunnes/Hillview

“There are two main tests in deciding whether a consideration is material and relevant: (i) it should serve or be related to the purpose of planning - it should therefore relate to the development and use of land; and (ii) it should fairly and reasonably relate to the particular application.” “Examples of material considerations include the local development plan; planning policy; planning history; need; public opinion; consultation responses; existing site uses and features; layout, design and amenity matters; precedent; alternative sites and planning gain”.29

Planning note 16, p. 7 25

5. An Alternative Proposal a sustainable solution for Dunnes/Hillview Below we put forward a proposal for a sustainable solution at Dunnes/Hillview from multiple award-winning Architects, McCartan Muldoon Architects, outlining a model of mixed social housing, amenities and employment opportunities. This proposal, which has been developed in discussion with PPR, takes into consideration important material considerations, the historic failure of retail only developments on the site, and the need to create sustainable homes and employment in the area. At Dunnes/Hillview McCartan and Muldoon Architechts can start afresh with a proposal to create a new sustainable urban neighbourhood. Plans for the Dunnes/Hillview site should include the introduction of quality social housing that is low e n e r g y a n d z e r o c a r b o n , Climate Innovation District - River Aire Leeds constructed with and incorporating the latest sustainable construction methods and international best practice to create a super green eco-village. This would draw on examples of 'Climate Innovation Districts' constructed in England, the Netherlands and Denmark which are exemplars for healthier, smarter and betterconnected zero carbon cities. Mixed uses would be introduced into the overall site in order to create a sustainable urban neighbourhood. McCartan and Muldoon Architechts propose the adoption of 'Home Zone' principals as implemented widely in England, designed primarily to meet the needs of pedestrians, cyclists, children and residents and where the speeds and dominance of cars is reduced. Furthermore all the necessary community support facilities and amenities would be incorporated within the layout of the proposed project including work units or studio work spaces, crĂ¨che facilities, meeting rooms / group rooms and / or activity rooms. Depending upon the local need and provision this could be widened out to incorporate demo rooms, sound studio, exhibition rooms, youth facilities and sports facilities. A number of other initiatives could be introduced to increase skills / capacity and deliver a greater sense of community ownership. For example a recent social housing project in Chile introduced the concept of self-build social housing. The local authority constructed half of the house and the occupier completed it by finishing the other half (See 'Chilean half houses') and as a concept, Cohousing/Housing Cooperatives could be developed on part of the site. 26

Introducing multiple uses (most importantly housing) is the proper way to improve the economic viability of the site and to make it a more sustainable development overall. This proposal could integrate some of the proposed retail facilities or changes again to show that there is no loss to the economics of the site as may be perceived by the developer. The Dunnes/Hillview site is more than twice the size of a former industrial site being developed by CITU along the River Aire in Leeds as a ‘Climate Innovation District’ where they are planning approximately 200 dwellings with commercial and community support facilities. As such, there is more than enough room to accommodate the many needs and wants of the community and developers given negotiation and sensitive consideration.

“The Dunnes/Hillview site is more than twice the size of a former industrial site being developed by CITU along the River Aire in Leeds as a ‘Climate Innovation District’ where they are p l a n n i n g approximately 200 dwellings with commercial and community support facilities.”

This proposal will not only meet the various human rights, statutory, and housing requirements, but will also provide greater financial stability for the commercial element, and be a significant move away from the previous similar commercial development on this site which failed to generate sufficient revenue and closed leaving the land vacant.

6. Conclusion The chronic housing shortage and religious inequality in north Belfast is long-standing and well documented both at the local and international level. Housing rights activists of the ECW campaign worked alongside PPR to identify areas of land which are not in use and which could be used to begin to address the housing shortage and religious inequality. The plan proposed above would incorporate social housing while allowing for commercial development, thereby meeting the government’s obligations and allowing for full economic potential of site to be realised.

Equality Can’t Wait families launch their north Belfast mural

It is clear that the Executive, the Departments and Council have strong obligations and strategic objectives that would support such a proposal. Alongside their human rights and equality obligations, the Executive’s PfG and their housing strategies would be advanced by this proposal. Planning guidance which the Department for Infrastructure and the Council must follow in developing planning strategies and making planning determinations show a requirement for: Housing need to be identified and met For an adequate amount of land be obtained for this purpose For such plans to correspond with sustainable development obligations and in line with community development plans • And for the preference of brownfield or windfall sites to be used for housing. • • •

Therefore we believe that the plan proposed by ECW and PPR should be the basis for Council’s development of this site, and that the principles in this document should inform future planning determinations in areas of high housing need.

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