All posts tagged planning

120419SeminarNPPF

At the end of March the widely debated National Planning Policy Framework was released taking immediate effect as national planning policy.

Since the beginning of the ‘Localism Agenda’ and the ‘Big Society’, Prism Planning has been advising clients large and small on the likely effect of the document. This concluding seminar will discuss what has changed since the draft was released in 2011, and what the transitional arrangements mean for development viability and approval of permissions.

Clients will be automatically invited to the event on the 10th of May, but if you want to come along, please drop us a line via the contact us form, and we will get in touch with further information.

120328NPPF

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.

120327NPPF

The long awaited National Planing Policy Framework has been published. You can view the document here, or check back soon for detailed analysis.

120220CrowAppeal

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…

120217HBCCoreStrat

Hartlepool Borough Council has published the last draft of its Core Strategy which will shape the future of planning in the Borough.

The Core Strategy sets out the main planning framework for the Borough for the next 15 years and has been drawn up following extensive public consultation over the past two years.

Consultation on the draft will run for the last time, from Monday 13th February to Monday 26th March. If you have any comments to make, or want to know more about the impact of the documents on you, get in touch with us today.

The headlines of the documents include:

  1. Allowing up to 5,400 new homes to be built over the next 15 years.
  2. Achieving this growth within the existing urban area as well as through a major new residential development to the south-west of the town and a smaller, limited area of new housing at Upper Warren.
  3. Earmarking Wynyard for further executive housing and prestigious business development and Elwick and Hart for small scale housing schemes.
  4. The creation of green spaces across the borough, including in Golden Flatts and in the new residential development in the south-west and the retention of the green areas which give a strategic gap between the town and Hart and Greatham.
  5. Promoting tourism and leisure developments, particularly at the marina, Seaton Carew and on the Headland.
  6. Policies to protect and enhance the town centre area and to support the creation of an innovation and skills quarter.
  7. Promoting the port, Oakesway Industrial Estate and the Southern Business Zone for business, recognising the town’s three new Enterprise Zones and safeguarding land for a new nuclear power station.

Following the conclusion of consultations, the draft Core Strategy will be examined at a public hearing by a Government Planning Inspector, ensuring that the document is realistic in its aims, the Inspector will also consider any comments made during the final consultation.

120206Move

Having set up and established ourselves through some of the most difficult trading conditions the property sector have ever known, Prism Planning have weathered the storm and are moving up to bigger and better premises in the heart of Darlington.

We will be sending out new details closer  to the time in March.  Sign up to the newsletter to hear more details in days to come.

120126PlanningSpeed

If you are looking to make a ‘minor’ application, for a small scale development it really does pay to make sure that the application is as complete and throrough as possible before submitting it.

Many Planning Authorities in the North East of England are imposing strict time limits to allow them to meet their Government imposed targets, particularly for applications with an 8-week determination target that are delegated to the Planning Officer for decision – these are applications where a decision can be reached without going before the Council’s Planning Committee.

These time limits can mean that applications need to be withdrawn, or worse are refused by the Council, where information is incomplete or when issues arise requiring further attention and resolution would take the application beyond the 8-week target.

This can seem unfair given the huge amount of work which needs to be undertaken and often doesn’t even guarantee a successful outcome.  Indeed, withdrawing an application to avoid refusal (refusal is nearly always better avoided if possible), preparing the additional information and then re-submitting can mean that an application that should take 8 weeks to approve can take 18-20 weeks!

It really does pay to get advice before you start and to make sure that you are providing the planning authority will all of the information that they might reasonably require to properly consider your application.  We offer free consultations and will always let you know what we think of your chances, good or bad.

120104EcoBuild

This years EcoBuild conference has been announced with keynote speakers including Monty Don, Greg Dyke, Tony Juniper, Alan Johnson, Alice Roberts, Janet Street Porter, Angela Brady, Paul Morrell, Mark Prisk and Maggie Philbin.

We throroughly recommend attending the free event which will include an extensive program of over 130 sessions spanning topics as diverse as Collaborative consumption, Growing out of trouble, The city after now, Energy and innovation in buildings, Installer connect and Refurbishing Britain.

Not to mention the events, the exhibition floor will host more than a dozen interactive attractions providing solutions and advice on everything from eco and sustainable.

The event takes place at London’s ExCeL on Tuesday 2oth to Thursday 22nd of March 2012. It’s thoroughly recommended and free to attend.  Click here to register for your free ticket now.

Image and marketing material Copyright © 2009 International Business Events

 

111222NewYear

As the festive break fast approaches, we are winding down in the office, recognising that there aren’t many of our colleagues in Local Government who want to get stuck into debates about the merits of our applications until they come back refreshed in the New Year. It’s a fair point and its got me wondering what 2012 has in store for us on the planning front.

As I pen this note, the headlines have been running with stories about the possibilities of the UK credit rating being downgraded for the first time in memory at the same time as the cross party MPs on the Local Government Select committee are expressing concern over the prominence being given to economic development in the National Planning Policy Guidance note. I can’t help but wonder about the different directions the planning system gets pulled in and whether we really are ready to face up to the realities of the current malaise in the construction sector.

The next year is clearly going to be an interesting one in the planning world with everyone waiting anxiously for April and the final form of the NPPF. On a personal note, I think putting more emphasis back onto brown field sites ahead of greenfield would be no bad thing, provided we recognise the challenges in land values and costs of tackling our brownfield sites.  Restoring the pre-eminence of brownfield over green is common sense in policy terms, provided we recognise that not all brownfield sites can be brought forward in the current economic climate. There I go giving undue prominence to economic considerations, contrary to the select committees concerns.

However it doesn’t matter what preferences a pressure group/lobby interest/planning authority might express –if it won’t work commercially, it simply won’t happen! This is the new world we all have to adjust to and the days of long S106 backed shopping lists of ‘good causes’ are well and truly gone.

It will also be interesting to see how the Localism Act beds down with us all and I await the first referendum on a planning matter with great interest. Mr Osborne’s continued reforms of the planning system are also of great interest and many commentators wonder just when we might have a period of stability in the planning system.  Whilst I would like the system to have a chance of bedding down, if he would just decide to take the inequities and inefficiencies out of the current validation system, I along with many other planners on this side of the fence would give him a huge ‘Thank you!’ for a job well done.

All the very best to everyone for 2012.

Steve

111222Wynyardlogo

Appeal won for Ingleby Barwick retirement home.

We have won an appeal for a supported living retirement home at Ingleby Barwick, Stockton-on-tees and we couldn’t be happier to get this decision turned around. The development will include 1 and 2 bedroomed apartments for residents, as well as shared facilities and lounges.

A managed green space will be open for use by the residents on previously private land, giving quality of life and providing attractive, landscaped gardens. Local shops, services and amenities are all within walking distance giving this development a high level of sustainability.

Some key legal principles have emerged from this decision relating to situations when Councils ask for S106 contributions. It may be harder for Councils to ask for money in the future unless they point to just what it will be spent upon.

Wynyard development gets outline planning permission.

We have helped Wynyard Park to get one step closer to their vision of a sustainable, mixed use development by winning outline planning permission for 200 executive homes to the West of the existing Business Park.

Hartlepool Borough Council granted outline permission for the planned homes and accepted a contribution of almost £2 million towards affordable housing for the borough. The money will be used to meet a need for affordable housing in the Hartlepool area.

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