Includes bibliographical references and index.

The book looks both at the British context as well as experience in other developed economies and takes stock of how the policy has evolved. It examines the rationale for planning gain, how it has delivered substantial funds for infrastructure and affordable housing and, in the light of this, how it might continue to play a role in the funding of these. It also draws on overseas experience, for example on impact fees and public sector land assembly. It looks at lessons from the past for future policy, both for Britain and for countries overseas.

Acknowledgements xiii Foreword by Dame Kate Barker xv Preface xvii Notes on Contributors xxi 1 Introduction 1 Tony Crook, John Henneberry and Christine Whitehead Purpose of the book 1 The development process and the creation of development value 2 The taxation of development value 4 Factors affecting effective development value capture 6 Property rights and ownership 7 The need for finance 8 The ownership of development rights 9 Taxing value or raising charges 9 Rules versus discretion? 9 Fixed taxes, tariffs and negotiated contributions 10 Hypothecation and contract 11 Key factors behind the development of planning gain policy in England 11 Political economy 12 The planning system 12 Central local relations: Local discretion, innovation and adoption 14 Definitions 15 The structure of the book 16 2 The Economics of Development Value and Planning Gain 20 Christine Whitehead Introduction 20 Why is land and its value special? 21 The potential to tax increasing land values without generating inefficiency 22 The impact of planning on development values the creation of planning gain 25 How are these values achieved? 25 Planning affects land supply 26 Planning affects demand 27 Planning affects density of construction and use 28 Planning affects prices and quantities 29 Bringing together the possibilities 29 Instruments available to capture planning gain 32 Overview 34 3 Capturing Development Value Through de jure National Taxation: The English Experience 37 Tony Crook Introduction 37 Betterment and development value defined 39 Compensation and betterment: the Uthwatt principles 43 Taxing development value: post-war national schemes 46 1947: The development charge and the central land tribunal 48 1967: Betterment levy and land commission 51 1974, 1975 and 1976: Development Gains Tax, the Community Land Scheme and Development Land Tax 54 Lessons learned 59 4 Planning Obligations Policy in England: de facto Taxation of Development Value 63 Tony Crook Introduction 63 Planning obligations: the key principles 65 Using planning obligations to secure land and funding for affordable housing 74 The overall framework 74 Detailed requirements 79 Recent policy initiatives 83 Tariffs 85 Optional planning charge 86 Planning gain supplement 88 Community infrastructure levy 93 Changes to CIL and new LPA incentives 97 Viability and S106 99 CIL policy: concluding comments 100 Conclusions 101 5 Development Viability 115 John Henneberry Introduction 115 Development viability 117 Threshold land value 120 Table of Contents ix Development appraisal 121 Property development within the wider property market 121 Development appraisal 123 Estimating the residual value of a residential development site 124 Assessing the impact of planning obligations and developer s contributions on the viability of development proposals 130 Accounting for spatial and temporal variations in the development market 133 Conclusion: addressing the viability dilemma? 136 6 The Incidence and Value of Planning Obligations 140 Steven Rowley and Tony Crook Introduction 140 The growth of obligations 140 Methods for measuring the incidence and calculating the value of planning obligations in England 145 The number of obligations in England 151 Affordable housing obligations in England 155 The total value of planning obligations agreed in England 160 Planning obligations in Scotland and Wales 162 Rural exceptions schemes 163 Who pays for the obligations? 164 Conclusions 171 7 Spatial Variation in the Incidence and Value of Planning Obligations 175 Richard Dunning, Ed Ferrari, and Craig Watkins Introduction 175 Defining and disseminating good practice in planning obligations 177 Review of earlier evidence 177 Good practice research and advice 178 Implications of evidence and good practice guides 184 A note on Scotland and Wales 185 Regional variations in the value of planning obligations 185 Quantitative analysis of the drivers of the incidence and value of planning obligations 187 Qualitative explanations for spatial variations in planning obligations 192 The changing practice context 192 Stretching the rational nexus 195 Delivery 196 Conclusions 197 8 Delivering Planning Obligations Are Agreements Successfully Delivered? 201 Gemma Burgess and Sarah Monk Introduction 201 Why consider delivery of planning obligations? 202 Types of planning obligations 203 Case-study evidence of successful delivery of planning obligations 204 Quantitative evidence on the delivery of obligations 207 The factors affecting the delivery of affordable housing obligations 210 Trends in the delivery of affordable housing 211 The impact of the economic downturn on delivery 216 Implementing the community infrastructure levy 220 Conclusions 224 9 International Experience 227 Sarah Monk and Tony Crook Introduction: making comparisons and transferring experience 227 Australia 231 Planning policy, planning legislation and its administration 231 Developer contributions to infrastructure 233 Developer contributions to affordable housing 236 Germany 239 Planning authorities and the planning system 239 Special mechanisms for controlling growth 241 Land readjustment 242 Provision of housing and related infrastructure 243 The Netherlands 244 Planning institutions and planning policies 244 Changing housing policies 247 Providing land and related infrastructure 248 United States 250 The constitution, planning and its administration 250 Developer contributions to infrastructure: impact fees 252 The impact of fees on prices and land values 255 Developer contributions to affordable housing: inclusionary zoning and linkage fees 256 Linkage fees 258 Summary and conclusions: comparing the English and international experience 258 Table of Contents xi 10 Summary and Conclusions 269 Tony Crook, John Henneberry, and Christine Whitehead Introduction 269 Policies for capturing development value 270 National approaches 270 Locally based approaches 271 International experience 274 Overview 275 The economics of planning obligations 276 The sources and measurement of value 276 The complexities in assessing development gain 277 Planning constraints 279 Approaches to capturing gains 280 The financial aspects of planning obligations 281 Conclusions 285 Looking forward: England 286 Looking forward: international experience 288 Index 291.