All posts in NPPF

At their meeting of 21st February 2017, Sunderland’s Development Control (Sunderland South) Sub-Committee voted by a significant majority in favour of our client’s development of a part brownfield site within the urban area for a residential development comprising affordable housing, low cost housing and supported housing for people with learning difficulties.

At face value, you may have thought the application would sail through: a development of social housing on a brownfield site within the urban area, a residential area at that, and the brownfield part of the site was Council owned and was to be sold to our clients subject to planning permission being granted. How wrong you would have been.

The application, was recommended for approval at the meeting of 3rd January. However, the application faced stiff opposition from local residents and a Ward Councillor who attended the meeting and spoke against the application. At this point it was looking likely that the application would be refused. Thankfully, our Director, Rod Hepplewhite, also attended the meeting to speak in support of the application and was able to address the issues raised by the objectors. The Committee then decided to defer a decision to allow for the issues raised to be fully explored before the application was reported back to them.

Revisions were subsequently made to the proposals and additional information was provided, which addressed all of the issues that had been raised. When the application was reported back to Committee, again with a recommendation for approval, the objectors spoke again as did our Director, Rod Hepplewhite. He was able to advise that all issues previously raised had now been addressed, as evidenced by the officer report and the recommendation that that the proposed development be approved. In this instance the Planning Committee accepted our argument and by a significant majority voted in favour of granting planning permission. Our clients and the architect for the scheme http://www.bsbaarchitects.com who also attended the meeting were delighted with the outcome.

We have dealt with many applications for residential development of various forms. We have built up a good level of expertise on the subject and recognise that no two developments are the same and have learnt to be prepared for the unexpected. Notably, just because and application is recommended for approval doesn’t necessarily mean that the Planning Committee will grant planning permission. You should be represented at the Planning Committee meeting as we are aware of cases where only objectors speak and in the absence of the applicant being represented Planning Committee refuses planning permission. A subsequent planning appeal may succeed but that adds additional expense to the project as well as a significant time delay, both of which could have been avoided.
A long running saga relating to housebuilding in Ingleby Barwick has been brought to an end today with a government appointed planning Inspector allowing the development of 200 homes on farm land at Ingleby Barwick, close to the controversial new Free School.

Darlington based Prism Planning represented the landowner and farmer of the land, Ian Snowdon at a public inquiry in March of this year and it has taken the Planning Inspector nearly 9 months to decide that the scheme was acceptable. The inspector found for the appellant on all counts, noting “The social and economic benefits of the new housing would be very significant indeed and would make an important contribution to the Borough’s housing supply. The scheme would include a useful and much needed contribution to the stock of affordable housing in Stockton-on-Tees.”

He went on to note that “The site forms part of a wide area south of Ingleby Barwick as far as Low Lane that is being comprehensively redeveloped to provide much needed housing and other facilities. The appeal result comes at a time when there is a significant national focus on the need for new houses to be built with significant concerns that not enough housing is being built. A new Housing white paper is promised by the government just next month.

Responding to the decision, Steve Barker of Prism Planning, who gave evidence at the inquiry said; “Stockton have recognised that they haven’t been able to demonstrate a 5 year housing supply for some time now and the debates over development in this corner of Ingleby have used up a lot of time and resources for landowners and the Council alike. I hope that now this final decision has been made all parties can start to move forward positively and work in partnership to make things happen on the ground. A lot of time has been spent arguing when we could have been focusing on improving the area and meeting our housing and leisure needs.” It is likely that a detailed application for reserved matters will now be submitted to the Council in 2017.
Durham Planning Committee voted unanimously today to support the demolition of St Anne’s School, next to the cricket ground in Bishop Auckland. The scheme involves 18 new houses on the site. Prism Planning led the team that were behind the scheme which was described as a bitter-sweet moment by a member of the committee. Bitter because the town was losing an old building which had been part of the town heritage for many years but sweet because it was going to be replaced by a new set of quality buildings made from materials salvaged from the old structure. The owner had bought the buildings after they were severely damaged by an arson attack. He wanted to convert the existing structure but this proved to be financially un-viable. The scheme approved had been carefully worked up by Prism and the design team over many months of close partnership working with the Council. It was supported by the local councillors, the Town Council and the local Cricket Club who abut the site. It’s not very often that a planning committee commend you for a scheme that involves losing an old building in a Conservation Area but the fact that they did is testament to all of the hard work we put into the proving it was the only way forward, as well as having an excellent scheme to go back on the site. Work can now start on relocating bats from the site, subject to the separate go-ahead from Natural England.
Hot food takeaway applications can be contentious and applications to extend open hours more so. Applications become more difficult when the planning history of the premises is one of the original application being refused by the Council but allowed on appeal and then subsequent applications to allow opening on Sundays and Bank Holidays (prohibited by the condition imposed by the planning appeal decision) being refused and the refusal upheld at appeal. That was the scenario we faced but with a carefully presented case we were able to convince the planning officer to recommend that the permitted opening hours be extended to allow opening on Sundays and Bank Holidays. First hurdle successfully negotiated but due to the number of objections received the application was reported to Stockton’s Planning Committee yesterday afternoon (15th June). Rod Hepplewhite of Prism Planning attended the meeting and spoke in support of the application, advising the Committee that national planning policy, as set out in the National Planning Policy Framework of 2012, had shifted significantly with the government advising that greater emphasis should be placed on economic considerations. He further advised that since the previous decisions pre-dated the NPPF, they could and should be set aside and there was good reason to approve the application. Members of the Planning Committee clearly listened carefully to the case put forward by Prism Planning and the Council’s planning officer as to why extended opening hours should be allowed in this instance and approved the application unanimously apart from one abstention. Another success achieved for a client by Prism Planning through a carefully prepared and present case. Indeed, we at Prism Planning see ourselves as the North East’s planning problem solvers. A successful outcome is not always possible but when presented with a proposal we will give an honest summation of the prospects of success we foresee. If you think we could assist you with a planning issue, we’re only a phone call or an e-mail away.
Members of Stockton Planning Committee voted almost unanimously to approve proposals for a new leisure country club with swimming pool to be built on the outskirts of Yarm. The scheme was promoted by Prism Planning and had been with the Council as an outline application for nearly a year. Protracted debates and negotiations had taken place over how the site would be accessed. Stamina and perseverance have been key skills honed during the prolonged consideration of this scheme. Clearly it all paid off as members supported the scheme, subject to a S106 agreement addressing the means of access. The key challenges for the team involved integrating access arrangements with other nearby commercial proposals that might, or might not, get developed and which laid outside of the control of the applicant. The planning system does not address such uncertainties very effectively as the year long debate testifies but the positive result for the client was well worth it in the end. The new club will provide a full size 25m swimming pool, a fitness suite and spar, as well as a series of exercise rooms for dance classes. The facility will also incorporate a café and a restaurant, to be operated by the same winning team that have delivered the Hudson Quay Brasserie in Middlehaven Docks at Middlesbrough. Outside a new vineyard and market garden will supply the restaurant with much of its fruit, vegetables and importantly, its wine! The vineyard will be the most northerly vineyard in the Country, to the best of our knowledge. The next stage of the proposals will see a reserved matter application worked up, based upon the concepts set out in the outline submission. Prism would like to particularly thank Fore Consulting (www.foreconsulting.co.uk) for all their in depth highway support during the consideration of the proposals, as well as the eye catching designs from Summerhouse Architects (www.summerhouse.uk.net) which helped sell the scheme most convincingly at planning committee. And that wasn’t the only success for Prism Planning at Stockton’s Planning Committee yesterday – see the next blog for further updates on our prowess with hot food takeaways!
On 26th November we were successful is securing a new outline planning permission for housing development of 46 houses on the edge of a village within Redcar & Cleveland, but not without a fight. We had been successful in obtaining the original permission in September 2013, granted for a shorted two year period, on the basis that the Council did not have a 5 year housing land supply and that on every other account the proposed development was acceptable. Unfortunately, our client had been unable to sell the site and instructed us to submit a second application shortly before the original expired. In the meantime circumstances changed insofar as the Council now consider that they can demonstrate a 5 year housing land supply and that housing policies could now be taken into account when considering the second application. We were advised that on the basis that the site lies outside of the village development limits the application was likely to be refused. This came as rather disappointing but not totally unexpected news. All was not lost, however. As it stood, the application was a delegated matter and could have been refused by officers without reference to Planning Committee. We believed that we would have a reasonable chance of securing planning permission if the application was considered by the Council’s Planning Committee but we needed to have it referred there first. There were two opportunities: our client could speak with his local Councillors and ask if one of them would exercise their right to have the application referred to Committee; and/or speak with those residents who had supported the original application and ask them to write in again to express their support for the new application. These tactics worked on both accounts, a local councillor who had supported the original application asked that the application be decided by the Planning Committee and registered to speak in support of the application and a sufficient number of letters of support were subsequently submitted to the Council that would have triggered referral to Committee in any case. So far, so good. We now faced the task of convincing Members of the Planning Committee to over-turn the officer recommendation for refusal and approve the application. We were helped by the local councillor speaking in support of the application. Our Director, Rod Hepplewhite, then addressed the meeting arguing that the benefits of the proposed housing far outweighed the single issue that the site lies outside the village limits and that the application should be refused on this basis given that the Council can now demonstrate a 5 year housing land supply. Thankfully, our case was listened to and one by one Committee Members voiced their support for the development, saying that it had been acknowledged that there were no technical grounds for refusal and that no convincing argument had been put forward by officers why the application should be refused. The application was approved unanimously, which came as a massive relief to our client and was very pleasing for Prism Planning. We at Prism Planning like to see ourselves as the North East’s planning problem solvers. If you think we could assist you with a planning issue, we’re only a phone call or an e-mail away.
Prism Planning has secured a positive end to a long running saga over 2 proposed wind turbines in County Durham. The application, on land near to Fishburn International Airport, had been the subject of concerns from Durham Tees Valley Airport (DTVA) over the potential impact of the turbines on the operation of their air traffic control radar. Over several years various attempts were made to resolve the problems at DTVA which also affected several other schemes and projects around the County. During this time, wind power also fell out of favour with the current government who have introduced a series of obstacles across the commercial and planning worlds to try and prevent on shore wind power from coming forward. Notwithstanding those obstacles, Durham County Council agreed with Prism that this scheme was one of the few remaining proposals that involved proposed turbines being located in the right area and recommended that consent be granted. Our Managing Director spoke at the planning meeting and after a long debate, the committee voted in favour of the scheme, to the surprise and relief of our clients!
Permission has been granted by Darlington Borough Council for the creation of a new children’s nursery and crèche in the town – one which is close to the Memorial Hospital and can, if necessary, provide childcare for 24 hours with its unique facilities on-site. The proposal, submitted by Prism Planning, sought to convert an old Edwardian villa in the town known as Upperthorpe. The site of Upperthorpe was once the town’s secretarial college and was more latterly used by the NHS and Social Services, before being bought by Mike Odysseas. The proposals provide for a range of day care options and unusually incorporate overnight sleepover facilities and also barrier nursing facilities for those occasional circumstances when a child may need to be kept in isolation for common childhood illnesses. Most childcare facilities can’t cope with a child with common D&V type illnesses but these proposals can. The conversion of the existing building is now nearing completion and work will start shortly on extensions to the facility to improve the range of accommodation. A new application has also been submitted to the Council for a wonderful log play cabin to be sited in the front of the property to provide children with a unique opportunity for imaginary play. We hope that this application will be supported by the Council and further enhance the facilities at this most unusual site. Anyone wanting to register for places should contact www.upperthorpenursery.co.uk
Prism Planning are holding a Seminar with Tilly Bailey & Irvine Solicitors at their Business Law Office at 12 Evolution, Wynyard Park, Wynyard, TS22 5TB from 9am – 10.15am on Thursday 1st May 2014 with registration and refreshments from 8.30am. The National Policy Planning Framework – What’s Happened Since? The National Planning Policy Framework (aka The Framework) is now 2 years old and the planning system has continued to undergo reform and change. Indeed it seems as if change is the only constant in the development world. In March this year we saw the publication of the companion guide to the Framework called the National Planning Policy Guidance. It’s an online tool, of the sort that we haven’t had before and it replaces a lot of the old guidance that’s been around for decades in some instances! Prism Planning will be giving a presentation which will discuss what impact the new Guidance is expected to have and how it might affect how we work and submit planning applications. Alongside all of these changes we have also had new permitted development rights to turn offices into apartments and barns into houses. Some of these rights have only just come into being and we will take a look at what they cover. We will also provide a snapshot update of where all our local authorities are with their Local Plans and whether they admit to a five year land supply! Please contact Alison on 01325 740610 or by email at alison@prism-planning.com before 4pm on Friday 25 April 2014 to reserve your place.
Hambleton Planning Committee unanimously voted to grant planning permission for up to 40 dwellings on Land to the Rear of Long Street, Thirsk, bringing to an end a 35 year saga concerning the development history of the site. The site, which is laid to grass and located adjacent to Thirsk Community Primary School, had once been allocated for recreational development. However the funds for its development never materialised and a Local Plan Inspector required the recreational allocation to be struck out of the Local Plan unless it could be properly funded. Members of the Planning Committee recognised that the long term future of the site now lies with residential development and were happy to grant Prism Planning an outline consent for up to 40 dwellings on the site as a way of bringing the site back into beneficial use. The site is probably one of the most sustainable housing sites ever to come forward in Thirsk in recent years, lying just at the back of Long Street and within convenient walking distance to the town centre. The permission was granted subject to a Section 106 Agreement being completed relating to the provision of affordable housing and financial contributions towards public open space. In granting the planning permission, members recognised that Prism Planning and its partner consultants had worked hard at canvassing the views of local residents and responding to the positive criticism that had come forward. Members are looking forward to seeing the reserved matters application in due course so the hunt is now on for a development partner interesting in taking the site forward.