All posts tagged permission

120328NPPF

Directors Blog on the NPPF

By on March 28, 2012 in NPPF, Planning Policy

Today has been a quiet day in the office, a time for reflection on the meaning of life and the National Planning Policy Framework that has just appeared yesterday. Yesterday we faced a barrage of phone calls from anxious clients wanting to know how they were affected by the new proposals and whether it really was the developers charter as some wilder parts of the media had suggested.

Mr A, who owns a field in the middle of nowhere in particular was most disappointed that he didn’t have his golden ticket for his new house but for other clients the position seems less clear.

On the one hand we are told that the guidance takes immediate effect and that decision makers should apply its principles straightaway. Yet buried in the back of the document, hidden in the annex is the statement that for 12months from the date of publication, decision makers may continue to give full weight to their old LDF policies, even when they conflict with the new NPPF, provided the ‘old’ policies stem from no later than 2004. 

A number of us who have struggled with the absurdities of ‘One App’ validation requirements will perhaps take heart from the idea that validation lists should be frequently reviewed and that LPA’s should only request information that is relevant, necessary and material to the application. I wonder if that means I don’t have to procure the Air Quality Report sought for a proposed leisure development built just above the high tide mark up the coast from here?

I was pleased to see the continued reference to LPA’s looking for ‘solutions rather than problems’ and the continued emphasis on approval of sustainable developments wherever possible. However from past experience I shudder to think how we are going to get to grips with measuring  and assessing sustainability.

There is interesting and positive clarity on the greater emphasis given to assessing viability and it is interesting to note the reference to mitigation taking into account the need for competitive returns to a willing landowner and willing developer. Now all we need to do is to work out how to use the HCA’s assessment tool and we have got it cracked!

I was also struck by the new definition of Veteran Tree defined because of its great age, size or condition.  This got me thinking to the prospect of a Veteran Planner defined because of its age and circumference…..I certainly think I qualify on both fronts!

I’m sure that as I continue to plough through the guidance there will be more interesting nuggets of new information to delight and frustrate us in equal measure so I’ll keep you all posted with my thoughts.

120220CrowAppeal

Appeal won with costs

By on February 20, 2012 in Appeals, Prism News

Following on from our work with Kirklevington Riding Centre, Prism Planning have secured permission at appeal for a new house at Crows Meadow Farm, off Dalton Back Lane, Dalton Piercy, near Hartlepool.

The Planning Inspectorate granted the appeal and awarded full costs against the Council for what was agreed to have been an unnecessary appeal which has delayed the construction of a house on the site for no clear reason.

Our Clients had been operating a successful riding centre from the site for over three years. The business offers full and ‘part-time’ DIY livery services for horse owners in the local area. During this time, the family have lived on site in a mobile home, which was granted a temporary permission in 2007. Having demonstrated the viability of the business over the intervening period, Prism Planning submitted a planning application for a permanent house on the site in May 2011.

The business could successfully show a need for someone to live on site and be available to look after the horses; the proposed house complied with all relevant local and national planning policy. Despite this, the application was still undecided 5 months later with no positive end in sight.

The Councils officers ignored several pieces of key national policy during the consideration of the application and considered trying to impose legal agreements on the proposals which were wholly improper. Due to the delay, and position the Council adopted, an appeal against the Council’s failure to determine the application was submitted by Prism Planning and a hearing was later held at the Council offices in January 2012. In allowing the appeal, the Inspector found the Council to be “unreasonable” in their behaviour and “unreasonable” for not determining the application within the usual timescale.

Whilst we always try to have a productive relationship with the Councils we work with, there are times when the only way forward is to appeal. When we appeal we aim to win and this is a result that we are very proud of and adds to our impressive success rate. This is the second equestrian dwelling we have won at appeal in the last few months and shows that our in depth knowledge reaps benefit for the client. It is of course disappointing that taxpayers money was needlessly spent opposing such a sound case where there was no practical reason for the delay.

Our case studies pages will be updated soon…

Another Sustainable Approval

By on September 1, 2011 in Development Control, Prism News

The team here at Prism have successfully secured planning permission for a new development of sustainable retirement care at Middleton Hall, County Durham.

This decision came yesterday and paves the way for an innovative 26 bedroom Dementia care unit and 35, two bedroom independent living bungalows to be built on the existing site. Not only are the new facilities believed to be the first of their kind, the 35 independent living bungalows will be built to Code Level 6 of The Code for Sustainable Homes. This means they’ve reached the ultimate goal of being carbon neutral!

The Dementia Care Facility will comprise of offices, a therapy room, activity kitchen, shop, library, bakery and central café. This will be linked to the residential wings via a sheltered Winter garden with a glass roof, so that the residents can enjoy the outdoors in all seasons. The caretakers lodge will be replaced and modernised and the main Hall will gain a new entrance with the entire development being aesthetically in keeping with the original Georgian manor house.

We were delighted to get this decision and very happy to work with Middleton Hall, who have an excellent record for retirement care in the North East. The new sustainable Dementia care unit is a vital addition to the existing facilities considering the Department of Health’s warning back in 2006, that Dementia figures are set to increase by a quarter of a million between 2008 and 2025.

With sustainability a key focus in all future development, our planning team worked closely with the Architects to reach the Holy Grail that is the carbon neutral target. All aspects of the new care facility will utilise solar power and recycled ‘grey’ water for appliances such as washing machines. Residents will be encouraged to monitor energy usage and recycle at all opportunities and triple glazing will ensure energy is not wasted through loss of heat. During the construction process local materials will be sourced and the construction teams will reduce their use of landfill sites and waste.

To get this decision means a great boost for sustainable developments and proves that you can achieve the ultimate standard in energy efficiency and create carbon neutral homes. It also means 60 new jobs will be brought to the care industry in the North East, 30 Full Time and 30 Part Time, giving the economy a boost.

All round a pretty good day in the Prism office!

Localism in Practice

By on June 20, 2011 in Development Control, Localism

Prism Planning has been very busy recently testing out the principles of the Localism Agenda. It is quite clear that once the Localism Bill becomes statute the general public will potentially have a strong mandate to shape their communities through the planning system.

Private developers have been quite cautious of these proposals. It has been argued that some conservative (note the little ‘c’) thinkers will simply become Nimby’s to the extreme – we at Prism have a much more positive outlook on the Bill, and recent jobs have only strengthened our views; let’s look at two which illustrate our point:

We have been involved in a residential scheme in the Haxby Road area of York. The project for affordable housing on the site of a former Co-operative Dairy created quite a stir locally. The Planning Officers recommended the scheme for approval, but during the Committee politics took its course and permission was refused.

During the Appeal it was quite clear that there were no hard and fast planning issues which meant that the scheme should be refused. The Inspector agreed with us and permission was subsequently granted with a partial award of costs.

The second case was closer to home, in Darlington where we are based, and was to a certain extent, a mirror image of that of Haxby Road. It involved the refurbishment of an existing Georgian house, through the development of two subservient homes within its large residential curtilage.

The Council in this case were against the proposals for reasons of conservation and planning policy. However following extensive consultation with local people it became increasingly obvious that the public were in support of the scheme and wanted the application to be approved. Once the day of Planning Committee came around, an army of supporters (and one or two objectors) made their presence known and the officers’ recommendation was overturned by the committee.

The point which I am trying to make is a simple one, the Localism Bill is not a “Nimby’s Charter”. The Bill will not give the public the ability to impose a negative planning agenda. Recent Ministerial Statements have argued that planning needs to be for growth and sustainability and just at these two cases show; if the public want to make a real positive impact through the planning system, they can!

Another Success for Prism Planning at Pear Tree Cottage, Brearton near Harrogate.

By on April 14, 2011 in Development Control, Prism News

In early April 2011 we secured planning permission for clients for the erection of replacement 5-bedroomed dwelling with detached double garage on a site at Brearton, a small village within Harrogate Borough.

Harrogate Borough Council are one of the more demanding authorities that we work with but nonetheless through persistence and constructive negotiation we were able to secure permission for the size and form of house that our clients sought.

Indeed, throughout the somewhat lengthy planning process we sought to engage positively with the case officer. We first contacted the Council with a pre-application inquiry in June 2010, the response to which informed the planning application subsequently submitted in October 2010. However, in late November we were advised that the proposals were not considered the be entirely acceptable and that the application was to be recommended for refusal. Rather than becoming embroiled in conflict by allowing the application to be refused and appealing the decision, we withdrew the application and sought further discussions with the case officer. These discussions provided to be helpful, the consequence of which was the design of the house was revised quite radically revised, albeit that it retained the same overall scale, and the revised planning application was submitted in Februrary 2011. The application was reported to the April meeting of the Council’s Planning Committee with a recommendation that planning permission be granted. We attended the meeting and spoke in favour of the application.

The route we took proved to be the right one in this instance as the Committee voted unanimously in favour of granting planning permission and our clients were very satisfied with the outcome. There are instances when the only option is to appeal against the refusal of planning permission. In this instance the alternative of withdrawing an application before it was refused, negotiating with the case officer and re-submitting a revised application proved to be the right course of action.