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The Ministry of Housing, Communities and Local Government (“MHCLG”) is considering reforming the Right to Contest, relaunching it as the ‘Right to Regenerate’. Consultation closed on the 20 March 2021.
The Right to Regenerate is intended to be a quicker, easier route for individuals, businesses and organisations to identify, purchase and redevelop underused or empty land in their area. It is intended to empower the public to request the Secretary of State (“SoS”) to evaluate whether publicly owned land is underutilised or vacant. If it is, an order will be issued to the public body holding the land, directing it to sell its interest to a purchaser which will put it to productive economic use, such as providing homes for local people.
The consultation is based on the perceived non-success of the Right to Contest: between 2014 and February 2021 there have only been 192 requests, of which 145 were refused, 10 withdrawn, 9 are pending, 27 were invalid, and only 1 direction to order disposal was issued.1
This note provides an overview of the current position of the proposed Right to Regenerate, including the proposed changes being considered within the public consultation and forecasting conclusions & next steps.
The Right to Regenerate Consultation was held between 16 January to 20 March 2021 and invited opinions and views on the following proposals:
MHCLG has not yet published the responses to the consultation as of 22 July 2021.
Some of the public responses from public bodies suggest the following:
Deloitte will be monitoring the outcome of the consultation and it will be particularly interesting to see how many public bodies are supportive of the proposals, and whether there are any similarities in geographical responses given Government’s Level Up and Build Build Build agenda.
Lindy is a Director in the Deloitte Real Assets Advisory team and leads the Urban Centres and International business. She advises on all property development matters; specialisms include: development viability, major urban regeneration, large scale residential, town centre redevelopment, and infrastructure funding. She is an expert on government policies relating to property development with a particular specialism in Subsidy Control, Best Consideration and Infrastructure Funding. She has appeared at Examinations in Public providing evidence at Local Plan and Community Infrastastructure Levy hearings. She is a member of the RICS Working Group set up to provide Government with industry comments on Pillar 3 Infrastructure Levy of the Planning White Paper.
Neil is a Director within the Residential Department. Over the last fifteen years Neil has worked with Registered Providers, Local Authority and Private Sector clients across the country to assist in the delivery of new private and affordable housing. Neil has specific experience in the preparation of formal market valuations, development appraisals, feasibility studies, project viability assessments, development marketing and implementation advice.
Tim is a Town Planner in the Real Assets Advisory team focusing on public and private sector projects across London and the South East. Tim is highly experienced in providing commercially astute real estate advice on the use and development of land and property. A career highlight for Tim was his secondment to a Central Governmental Department, helping to deliver infrastructure funding for major housing proposals.