Proposed National Assembly for Wales (Legislative Competence) (No.5) Order 2008
Consultation Response: Church in Wales
Dear Sirs
I write to submit evidence on behalf of the Representative Body of the Church in Wales in respect of the Proposed National Assembly for Wales (Legislative Competence) (No.5) Order 2008.
The Bishops of the Church in Wales submitted a response to One Wales to Assembly Members in late 2007. The Bishops commented on the sections within One Wales concerned with Housing (principally Chapter 5) as follows:
We very much welcome the reference to affordable housing and good quality housing and its effect on health and wellbeing. We hope that the target figure could be met or even surpassed and that all new houses built in Wales will meet much higher standards of environmental regulation and architectural quality in order to be "21st century housing”.
The Church in Wales holds on charitable trust 322 parcels of lands. We have already explored the possibility of using some land not required by the Church to provide social housing or for another community-targeted purpose, and within that context very much support your aim (page 17) to enable local authorities to secure 100% affordable housing on development sites and (page 18) to ask for greater discretion to be afforded charitable organisations in disposing of land below market value for affordable housing purposes. We are also very much aware of Shelter Cymru’s recent commendation of Community Land Trusts. This is very clearly an area in which we can work together to achieve a common aim, and we look forward to doing so.
Our wider commitment to playing our part in tackling some of the issues raised in this chapter is demonstrated by the involvement of many of our senior clergy (including bishops) in the work of housing associations across Wales, and in the care for the homeless provided by many of our Social Responsibility organisations. Again, if we can work more closely with the Assembly Government in these areas, we would be keen to participate.
In addition to this general statement by the Bishops, I would offer the following comments to the LCO Committee. These are set out according to the three numbered questions in your call for evidence letter dated 17th December:
1. What are your views on the general principle that legislative competence in the area identified in Matter 11.1 be conferred on the Assembly?
In general terms, we support the move to bring legislative responsibility to the Assembly. We believe in the principle of finding Welsh solutions to Welsh problems. Affordable housing is a key problem in many parts of Wales and is acutely noticeable in rural areas where housing demand can be high and the incomes of local working people low. The order will give power to the Assembly to suspend the right to buy provisions in certain areas of critical need. Interventions by government in any market need to be carefully considered and clear criteria will need to be established if such interventions are to take place following the granting of this Matter. Clearly, the occupiers of social landlord property in one area may be disadvantaged over another area if they are prevented from exercising a right to buy.
The Church in Wales, as outlined above, is a landowner of a large number of plots of land across Wales. Whilst our beliefs would urge us to allow development that benefits those in need, our charitable status confers a duty of best value. Thus when we dispose of land it is often for commercial development as this provides the 'best value’ option. The provision of land for affordable housing is not within our charitable purposes so, as the Bishops have pointed out above, it can be difficult to release land unless it can be shown that the affordable option is the 'best value’. Having said that, at present, we are negotiating the possible sale of land to provide around 35 affordable houses on 4 sites around Wales and hope this will increase. We have also successfully leased a church building to Gwalia Housing Association which has converted the church to provide local housing whilst retaining an area for worship within the building. We are looking at similar schemes for other former churches.
Furthermore, if circumstances allow us to sell land for 'affordable’ housing, the threat of a 'right to buy’ is a concern. We are sure that many land owners are loathe to release land for affordable housing because they are concerned to achieve the best possible price and, where they might accept a lower price for an affordable scheme, would not wish to see the houses later sold on the open market under a 'right to buy’ scheme. Right to buy provisions, we suspect, hold back the supply of development land for affordable housing. Many landowners, including the church, might consider the release of land, accepting a lower price on philanthropic grounds, if there is an assurance that future owners will not profit from that philanthropic gift.
2. What are your views on the terms of the proposed Order? For example, are they too narrowly or too broadly drawn?
The terms of the proposed Order seem, to us, to be appropriately drawn.
3. Is it necessary to set out the meaning of social landlord in the proposed Order? If so, in relation to the meaning of social landlord, is the list of legislative provisions correct, or should there be any additions of deletions?
We are not able to comment on this other than to say that the provisions must only apply to registered social landlords affected by Right to Buy legislation and should not impinge on private property rights including those in the charity sector.
I would, lastly, reiterate the Church’s willingness to participate in debates or discussion on the topic of affordable housing. We can perhaps bring a unique perspective reflecting the needs and concerns of communities and the needs and aspirations of landowners and property managers.
Yours faithfully
Alex Glanville BSc (Hons) FRICS
Head of Property Services/Pennaeth Gwasanaethau Eiddo
Church in Wales/Yr Eglwys yng Nghymru
39 Cathedral Road, Cardiff, CF11 9XF/39 Heol y Gadeirlan, Caerdydd, CF11 9XF
Tel: 029 2034 8212
Fax: 029 2038 7835
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