All posts tagged National Planning Policy Framework

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.
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.
We recently succeeded in winning an appeal against the non-determination of an application that had been submitted to Stockton-on-Tees Borough Council for a small residential development within the grounds of a care home at Redmarshall. We had been advised by the case officer that it was likely that the application would be refused on the grounds that the proposed site is in an unsustainable location for additional residential development, in view of the settlement having limited services and provisions, thereby requiring occupants to travel for employment, education, retail and recreational uses. To save time for our client we submitted the appeal ahead of waiting for the Council to refuse planning permission. Prism Planning had been engaged to project manage the planning application and sought to work constructively with officers of the Council for what was acknowledged to be a proposal that the Council would be unlikely to welcome with open arms. Having worked with planning officers for a considerable period of time, revising plans to accord with officer advice/requests, it was galling to see the application heading towards being refused for an ‘in principle’ reason. Furthermore, we had submitted a comprehensive argument why the proposal should be accepted as constituting sustainable development. We also argued that due to their proximity, Redmarshall and the nearby village of Carlton, should be considered as one settlement when determining planning applications (Stockton regard Carlton as a sustainable settlement). It became clear that the planning officer had a closed mind to our arguments and therefore submitting the appeal was the only sensible option. It was pleasing to read in the decision from The Planning Inspectorate that the Inspector accepted the strength of our case, to the extent that he agreed with us on every relevant planning issue. In particular, he agreed with us that Redmarshall and Carlton should be considered as a single entity for planning purposes. He also agreed that the Council’s Villages Study (Planning the Future or Rural Villages in Stockton, 2014) should only be afforded very limited weight in his decision as it is not an adopted planning document, having been prepared as part of the evidence base for the Council’s Regeneration & Environment Local Plan, itself not yet adopted. Another factor in the decision was that the Council cannot demonstrate a 5-year housing land supply, as required by central government, and the proposed development would make an important, albeit limited, contribution towards meeting the deficit. We might not win every planning appeal, and wouldn’t expect to, but we have a good feel on the prospects of success when clients seek our assistance to contest a refusal of planning permission and can advise accordingly. If you have been refused planning permission recently and would like to discuss how best to proceed, we are only a phone call or an e-mail away.
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.
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
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.
A Government Planning Inspector has agreed with Prism for the second time regarding a scheme for providing log cabins on a site at Easby, near to Richmond. The Inspector overturned the decision of Richmondshire District Council to allow development on the site for a limited period of time and instead gave a full planning permission for three years to enable the development to progress. This was the second time that Prism had been forced to go to the Planning Inspectorate to overturn the decision of the Local Planning Authority on this site. Initially permission was refused by the Council for the development and granted at appeal in 2010. Due to the complexities of the site and the uncertain economic situation in the intervening period, we sought to use new provisions to extend the life of the planning permission for a further three year period. Most applications of this nature are routinely renewed unless there has been a change in circumstances. The Council decided to only grant planning permission for a twelve month period and gave confusing and unclear reasons why this would be appropriate. At appeal, the Planning Inspector noted that the Council’s reasoning was flawed and fully agreed with all of the points raised by Prism on behalf of our client. In particular, the Inspector noted that the Government intend to give clear support for developments which help to improve the rural economy and that the scheme was and always had been of a particularly high design and well thought out. Because of these points, he had no hesitation in granting permission for a full three year period which will enable the scheme to progress. This is an important decision to have as it underlines the Government’s expectations that permissions will be renewed for a full three year period whenever there has been no change in circumstances and reaffirms the Government’s continued support for the rural economy. This is the second application that we have had approved this week relating to the rural economy – see next blog for a holiday cottage approval in Aislaby close to Yarm.
Prism had a busy day at a North Yorkshire Planning Committee with two of our applications for new Anaerobic Digestion (AD) plants and an intensive livestock building on the agenda in the same afternoon. We had our work cut out with strong local objection to two of the proposals but fortunately members were persuaded by the strength of our arguments and granted planning permission. The success means that we have now successfully obtained permission for no less than 5 AD plants this year which must be something of a record. We aren’t stopping there however and have an application lodged for another scheme due to be considered in December and have two more on the drawing board. We hope that we will be able to continue our run of success with this most sustainable of renewable energy schemes. It’s clear that we still have a great deal of work to do in educating and persuading the public of the benefits of AD and we will continue to work hard on this. It will hopefully be made a little easier by one of our first schemes at Howla Hay, Guisborough nearing completion. It’s always helpful to be able to show a real life example of an operational plant and there haven’t been too many farm scale schemes built locally in North Yorkshire and County Durham.
Prism have just won permission at appeal for a farmhouse to help a well established farming family continue their business through into the third generation. The case involved a mixed use arable and sheep farm with a growing line in breeding heavy horse hunters at Town Farm, Stillington. With around 500 sheep already on the farm and a developing equine business we were confident that there was a robust case to pursue. However the Council weren’t so sure and employed a national firm of experts to help them assess the case. The Council’s advisors seemingly hadn’t read too much of the National Planning Policy Framework and wrongly advised the Council on a range of key matters. At the ensuing appeal, the Inspector found that both the Council and their experts had wrongly applied national tests in their assessment, being unduly pessimistic as to the labour needs of the holding and critically, had tried to disaggregate the various parts of the farming business. This was a fundamentally wrong approach and Prism’s approach was found to have been correct. The case marks our third appeal win in a row for our specialist agricultural work and has established us as one of the regions leading expert practitioners in this field. Coincidentally it was also our third win in a row for equine related work and shows that it’s not always a good idea to take advice from some of the national firms whose specialist knowledge is not quite so robust when it really matters.