The agenda for this meeting was largely focused on two significant topics. The first of these was the Council Tax Support Scheme for 2025/26, which was scheduled to be discussed in detail, as was an application to the Secretary of State to designate 17 East Hampshire parishes as ‘rural’ under Section 157 of the Housing Act 1985.¹ Councillors were also scheduled to be updated about the Bird Aware Solent partnership and its revised strategy. Finally, there was a proposal to appoint a task and finish group to review the issue of fly-tipping in the district.

Designation of Rural Areas

The report pack included a proposal for East Hampshire District Council to apply to the Secretary of State for designation of 17 parishes in East Hampshire as ‘rural’ under Section 157 of the Housing Act 1985.

This would affect the way affordable housing is planned for in those areas. At the moment, the National Planning Policy Framework does not allow affordable housing contributions to be sought on housing developments of fewer than 10 units, unless the area has been designated as ‘rural’.

Provision of affordable housing should not be sought for residential developments that are not major developments, other than in designated rural areas (where policies may set out a lower threshold of 5 units or fewer).

NPPF para 65

Rural designation under the 1985 Act is separate from designation as a rural area in planning terms. The NPPF defines ‘designated rural areas’ as “National Parks, Areas of Outstanding Natural Beauty and areas designated as ‘rural’ under Section 157 of the Housing Act 1985.” This is largely because of the Act's intended purpose, which was to help local authorities and housing associations prevent the sale of social housing built in rural areas through the Right to Buy scheme. This can be done by placing a 'restrictive covenant'² on a property, requiring the owner to live or work in the parish for three years before they are allowed to sell, or requiring them to offer the property back to the council if they decide to sell it. However, the report pack notes that East Hampshire District Council “would not advocate these restrictive covenants”.

The 17 parishes being considered for this designation are:

• Beech
• Bentley
• Bentworth
• Binsted
• Chawton
• East Tisted
• Farringdon
• Froyle
• Kingsley
• Lasham
• Medstead
• Newton Valence
• Ropley
• Selborne
• Shalden
• Wield
• Worldham

The report pack states that these 17 parishes all have a population density of fewer than two people per hectare, except for Medstead, which has a density of 2.5 people per hectare. The report pack notes that guidance from the Ministry of Housing, Communities and Local Government allows for “The first criterion (the density test) [to] be applied flexibly. For example, some parishes just over these limits may be designated in order to avoid a ‘patchwork’ situation where some parishes are designated while others, broadly similar, are excluded”. The report pack proposed that Medstead be included because of this flexibility.

If the application is successful, the report pack notes that a “further report to Cabinet would be presented to report back the process and policy implications of any such designation”.

Revised Bird Aware Strategy

The report pack includes an update on the Bird Aware Solent partnership and its work to mitigate the effects of new housing on Special Protection Areas (SPAs).³ This will affect all planning applications for new housing in Rowlands Castle, in particular those developments south of the village that are within 5.6km of Chichester and Langstone Harbours.

Bird Aware Solent is a partnership of Natural England, local authorities and wildlife charities working to mitigate the effects of new housing on the Solent. Much of the Solent's coastline is protected because of its importance as a habitat for birds, and East Hampshire District Council is required under The Conservation of Habitats and Species Regulations 2017 to ensure that any new housing it approves will not harm those protected sites. The partnership's strategy enables housebuilders to opt into a scheme where they mitigate the combined effects of new housing developments by paying a levy based on the size of the properties they build, rather than each housebuilder being required to develop their own, often costly, mitigation strategy. This means that the partnership can develop, deliver, monitor and evaluate a range of different mitigation measures across the whole of the Solent, targeting those that are most effective.

The strategy has now been reviewed and revised, and the report pack outlines the key changes to the strategy, and explains how the partnership has responded to an independent review of its first five years of operation, and how it will address the potential impact of new development on breeding birds:

A review of the likelihood of impacts on breeding birds (present during the summer months) around the Solent from increasing recreational disturbance from new housing was commissioned by PfSH [Partnership for South Hampshire] in 2023. It concluded that 'any plan or project that results in a general increase in local population, such as plan-led housing growth, could trigger likely significant effect for this species'. It also noted 'it will be difficult to rule out adverse effects on integrity [of the SPAs] without adequate protective measures (i.e. mitigation) being secured. The next step resulting from this report is therefore to consider what mitigation might be necessary and how it could be implemented'.

The partnership's revised strategy takes into account the significant increase in housing expected in the area between now and 2050, extending its remit until then. To deliver this expanded strategy, the partnership is proposing to significantly expand its team of rangers and officers, increasing the size of the team from 10 to 19. The partnership has also reviewed the costs of providing this expanded service, and concluded that an increase in the levy paid by housebuilders is not required. The report pack summarises the current and proposed levies:

The revised strategy will continue to focus on managing the way people use the Solent, rather than attempting to prevent them accessing it. The report pack notes that “The emphasis of the strategy remains on managing the way visitors interact with the coastal environment, rather than trying to prevent access to it per se, in order to avoid harmful impacts on nature conservation interests.” It also notes that the strategy does not mitigate for things like loss of habitat, noise, water quality, or the construction of the development. The council “may require separate mitigation to address these or other additional impacts on the SPAs that arise from new development.”

Establishment Task and Finish Group

The report pack includes a proposal to establish a task and finish group to review the issue of fly-tipping in the district.

The district has seen a large increase in fly tipping with cases nearly tripling towards the end of the previous financial year. The Committee have identified a need for a Member Task and Finish Group to review fly tipping within the district, with particular focus on what measures the Committee could recommend be implemented to help reduce its impact in the area.

This proposal was made following discussion at a meeting in summer 2024. The group is scheduled to investigate the reasons for the increase in fly-tipping, and to consider the responses of other councils that have implemented anti-fly tipping measures. It will then make recommendations to the council on how it can reduce fly-tipping in East Hampshire.

The report pack outlines the proposed terms of reference for the group:

• To scrutinise the fly tipping cases in the East Hampshire District Council’s area, by determining the seriousness, frequency and location of the cases reported;
• To determine the impact of fly tipping on the Council and the EHDC’s area;
• To collaborate with relevant local authorities and any partners in discussing potential methods which could be implemented to deter individuals from committing fly tipping offences; and
• To make recommendations that may help to reduce the number of fly tipping cases in the district.

The group is scheduled to start meeting in March 2025, and “is likely to require 3 meetings”. It will then report back to a future Overview and Scrutiny meeting.

Council Tax Support Scheme 2025/26

The report pack includes a proposal for the Council Tax Support Scheme for 2025/26.

Since 2013, local authorities in England have been responsible for developing their own Council Tax Support schemes for working age residents. East Hampshire District Council is required to adopt a scheme for the 2025/26 financial year by 11 March 2025. The scheme sets out how people who cannot afford to pay their council tax can apply for financial support.

The report pack notes that the Council Tax Support scheme for East Hampshire was significantly changed in the 2023/24 financial year, and that this led to a 14% increase in the number of working age households receiving support:

The report pack also notes that the changes in 2023/24 led to a significant reduction in the number of working age households whose Council Tax Support payments are in arrears. This means they have failed to keep up with their payments, despite being awarded Council Tax Support.

The Council is required to consider the level at which it sets the local council tax each year. The cost of the Council Tax Support scheme is met by the council, so the council needs to make sure it sets the local council tax at a level that will allow it to pay for the scheme. The total cost of the scheme has increased steadily since it was introduced in 2013/14, and is expected to reach £6.48m in the 2024/25 financial year. The report notes that although the total cost of the scheme has increased, the cost as a percentage of the total amount of council tax collected has reduced from 5.9% to 4.85%. This is because the total amount of council tax collected has also increased.

Because the cost of the scheme is shared between the different authorities that set a council tax, the report pack notes the proportion of the total cost that each authority is expected to pay:

• Hampshire County Council- Basic (61.79%)
• Hampshire County Council – Adult Social Care (10.40%)
• Hampshire Fire and Rescue Authority (3.90%)
• Hampshire Police and Crime Commissioner (12.31%)
• East Hampshire District Council (6.92%)
• Town and Parish Councils (4.67%)

The report proposes that the current scheme be retained for 2025/26, but that some minor amendments be made to ensure that the scheme remains aligned with housing benefit. This should minimise the need to make changes to the way the scheme is administered, ensuring it can be delivered with existing staff. It is estimated that retaining the current scheme would cost £6,649,556.

The report pack proposes that three separate hardship funds should continue to be operated:

• A Council Tax Support Hardship Fund to support the most vulnerable people receiving Council Tax Support. This fund is expected to cost £5,000.
• A Council Tax Household Support Fund to support residents in exceptional cases of genuine emergency. This fund is expected to cost £100,000.
• A Housing Benefit Overpayment Household Support Fund to support people who have been overpaid housing benefit, and cannot afford to repay the overpayment. This fund is expected to cost £50,000.