News & Blog

120123Localism

If you regularly read this blog, you will no doubt be aware that the Localism Act received Royal Assent in November 2011.

As the Government states; “[the Act] takes power from central government and hands it back to local authorities and communities – giving them the freedom and flexibility to achieve their own ambitions”.

The majority of the Act has now been brought into fruition with the remainder coming into force in April 2012. Quite a significant chunk of the legislation related to public administration mechanisms and has little impact on the planning system, such as accountability of local pay, reforms to social housing regulations and the ‘Freeing Cities’ initiative.

The big news for planners comes with modification to enforcement procedures which will bring in new powers for Local Authorities to take action against those who deliberately conceal unauthorised development.

Local Councillors will also be pleased to know that the rules on ‘predetermination’ have been clarified; freeing councillors to express their opinions for local issues without the fear of legal challenge.

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.

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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

111222GregClarke

In a written ministerial statement, Planning Minister Greg Clark has put a timescale on publication of the final version of the NPPF framework, with the Government aiming to put it out by 31st March 2012.

The minister has strongly defended the planned changes to the framework, which see 1,300 pages of planning guidance distilled into 52, saying in a written response to criticism: “Our reforms aim to strengthen local decision making and reinforce the importance of local plans.”

Meanwhile the Daily Telegraph has set about on its ‘hands off our land’ campaign and has quizzed Local Government and Planning minister Bob Neill.

Mr Neill told the Telegraph in this article: “By the end of the year we will be in a very different place. We are genuinely prepared to listen to sensible improvements that have been made.

He added: “It was never intended to be a charter for inappropriate development in the countryside.”

Now local councils, planners and developers wait with baited breath and differing ideals to see what exactly this “very different place” will look like, and if it will get the UK building again. Forward thinking Prism MD Steve Barker has expressed his sense of relief at having a date set, but says he still has doubts:

It’s very welcome news that a reasonably short timescale has been put in place to get the NPPF out in the wider world. Given the extent of problems with the construction sector and record lows in house building, it’s clear that it’s going to take a lot of determined effort by public and private sectors for the country to begin to build again. My fervent hope is that councils don’t think they have to wait until April to begin to respond to the challenges we so clearly face.”

Outside of the NIMBY brigade in the Telegraph, no credible developers have ever thought the NPPF was a charter to concrete the countryside with insensitive new development. However there is evidence that some officers in local councils are hoping that the guidance will be radically revised and they won’t have to change their attitudes. It’s clear from the Minister [Clark] that such dinosaurs need to be made extinct!”

As the Telegraph article states, an 18 month “transition period” is among changes being considered by the Government, giving councils more time to draw up local development plans.

“Or perhaps it will give those local councils who do not wish to change their attitude more time to stall action and hold back adoption of the new NPPF.” Steve added.

We’ll be sure to keep you posted with news from this heated debate as it unfolds.

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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Prism Planning have just won a significant planning appeal relating to a site in Ingleby Barwick known as Blair Avenue which should change the way that a lot of planning is carried out in the Stockton area.

The site was a piece of land effectively left over from the historic development of the village of Ingleby Barwick and lay close to the village centre. The developer wanted to build a housing scheme for the over 55’s. The council were concerned that the site was an important area of open space and needed to be kept open. The Inspector disagreed with the Council position, noting that their evidence base was sketchy and out of date. None of the policies referred to by the Council should have been used in the way the Council sought.

However the real significance of the case is that the Inspector went on to apply the Community Infrastructure Regulations (CIL) to the Councils position and to note that their planning guidance on open space was fundamentally flawed. In particular the Council couldn’t reasonably demand money from a developer without analysing the problems of the area and being very specific about how the money would be used to improve the area.
The Inspector also went on to note that the Councils approach towards delivering off site affordable housing was similarly flawed, being overly complex and uncertain and preferred the simple and clear approach cited by Prism. Moreover the approach put forward by Prism was consistent with the way in which the government were funding and delivering affordable housing in the future.

These two key legal points should result in a very different approach being taken by the Council in the future which will more directly and transparently benefit local communities. In the future, the Council will need to accurately diagnose local opens space issues and propose specific solutions, instead of money being stored away for use on other sites as officers see fit. Communities will be able to expect a better understanding of their specific problems and also to expect improvements to doorstep provision.

The Inspector went on to agree with all the key points argued by Prism and found for the appellant, granting permission for a sheltered housing scheme on the site.

You may have seen in our recent newsletter that we received some press coverage for our public consultation event at Allens West. A public consultation is a chance for plans to go on show for a proposed project which has not yet gone to planning committee. Local residents can come along to the event, usually held all day with no booking required, and speak to our team of planners about what exactly is involved in the development.

Speaking to the public about proposed planning applications is something we value at Prism and take great pride in. We try to never submit a major application without ensuring that everyone is as informed as they can possibly be – because without all the information, you can’t make an informed decision!

Often a well attended consultation gives us a feel for what the general opinion is of the plans, and what aspects we may need to reassure people on. After speaking to our planning team and looking over detailed plans people feel ‘in the loop’ and assured that our plans have their best interests at heart.

Prism like talking to you, and if you need to talk to us about a planning issue you have please call 01325 345 960.

The consultation for the draft National Planning Policy Framework has ended today and here at Prism we think this provides a window of opportunity for those of you with development projects. While the draft stands, and it is as yet unclear how quickly changes may be made, some marginal projects which may have previously been refused, or not been viable could now have a good chance.

This is by no means because it is, as it has been dubbed by doubters, a ‘developer’s charter’. It is because of the positive move towards a presumption in favour of sustainable development, along with changes to policy pushing the threshold for the Council’s housing supply past the 20% mark already approved.

At Prism we are already working on an application which may not have been approved previously but which has a good chance of succeeding in the present climate and we have plenty of advice and expertise to share. If you think your planning application might benefit from this window of opportunity and want to find out if it meets the criteria of the draft NPPF please contact us. We are great at problem solving and always find a solution that suits our clients, so why not take this opportunity to move forward with your development plans and get advice from the Prism team?

You can call us on: 01325 345 960 or email: admin@prism-planning.com

With less than three weeks to go until the consultation period ends on the draft changes to the NPPF the debate is heating up. The major player for the opposition seems to be the National Trust, digging its heels in on matters concerning “sustainable development” and “greenbelt” — here we take a look at the latest developments in this ongoing conflict of interests with links to articles which state the facts and have generated much interest here in the Prism offices.

You may have seen in our newsletter that last Thursday (22.9.11) Planning minister Greg Clark faced the National Trust’s firing squad and stated his intent to listen to their concerns and take action. He also reassured those in attendance that he is determined to go ahead with the proposed changes but does not intend them to change the purpose of the planning system. You can read the article from the Guardian on this here.

You could be forgiven for being confused as to why the National Trust, owner of castles and similar rural heritage sites, is such a formidable enemy to make. Well let’s not forget their immense impact in the forestry debate which saw the government backtrack on policy in the face of outcry. This piece from the Economist explains why Mr Cameron might do well to get the charity on-side for this one, and why he might already be taking the steps by calling for dialogue.

Not only have the National Trust created a public backlash— inviting those opposing the plans to contact MPs-and lobbied party conferences, but now they have a list of demands rather resembling a list of ten planning commandments. You can see their demands here.

What’s next? Well there is sure to be a torrent of comment and debate around the demands, such as the comments here from Liz Peace stating that she believes the National Trust may have misread the NPPF. There will also be mounting support for the charity’s campaign with new petitions to sign appearing ever day and spreading like wildfire via Twitter and other powerful social media platforms. It’s certainly one to watch and an issue which will continue to dominate the planning world until the consultation closes on October 17th and we all wait with baited breath.

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!