All posts tagged planning

Prism Planning secured planning permission for the same client, ENER-G Bio Solutions, in respect of two separate anaerobic digestion plants, one near to the Thinford roundabout, County Durham and the other at Riverside Park West, Middlesbrough in a single week.  That can’t be bad going and is indicative of Prism Planning’s growing expertise in this area of renewable energy production.  Indeed, we have built up a good level of expertise on the subject and recognise that although no two developments are alike and all require a comprehensive raft of technical documentation to support the planning application.  Through our own expertise on the subject and the connections we have with environmental and transport consultants we can address all issues that are likely to be raised by local planning authorities.

At their meeting of 1st May 2018, Durham County Council’s County Planning Committee supported the officer recommendation that planning permission should be granted for the construction and operation of an anaerobic digestion plant on land at Mount Huley Farm, Croxdale, Durham. 

On Friday 4th May 2018, Middlesbrough’s Planning & Development Committee voted unanimously to support the officer recommendation that planning permission should be granted for the construction and operation of an anaerobic digestion plant on land at Riverside Side Park West, Middlesbrough.

Both plants will process food wastes that would otherwise go to landfill together with farmyard manures and silage to produce bio-gas.  The bio-gas will then be both purified and compressed for injection into the Gas Grid, there being a connection point to a gas pipeline near to both sites.  The resultant bi-product from the process known as digestate, which are odourless, will be spread on the farm fields as a fertiliser and soil improver instead of farmyard manure and imported nitrate fertiliser which are used at present.

Our Director, Rod Hepplewhite, attended both meetings and spoke in support of the applications, setting out the case for approval of the development and reinforcing the planning officer’s recommendation that the application be approved.  All material planning considerations had been addressed; neither plant will result in a significant impact upon the landscape or visual amenity nor cause noise or odour nuisance or give rise to traffic issues of any significance, harm to the local ecology or adversely impact any features of archaeological importance.

We had worked in a positive manner with the respective case officers throughout the course of the applications to address issues raised and respond promptly to requests for additional information.  Both AD plants represent an appropriate form of sustainable development at the site, which accords with national and local planning policy together with the ‘National Anaerobic Digestion Strategy and Action Plan and The Waste Management Plan for England.  

Prism Planning succeeded with the tricky task of replacing a caravan with a bungalow in the open countryside. For background we had previously gained a Lawful Development Certificate (LDC) at the site for a caravan. The caravan was now old and would need replacing, with the Client exploring options, we were tasked with submitting an application for a bungalow.

At Prism Planning we aim to limit our Clients costs. Having investigated the possibility of gaining permission and the potential costs of a full application we recommended a pre-application submission to establish the Councils likely response. The Council’s comments were mostly encouraging though there was some confusion of how much an existing LDC would benefit an application.

Having discussed options and recommendations with the Client an application was made which resulted in a refusal partly on car journeys and partly on design. Whilst a redesign can be the fastest resolution to overcome design issues, we could not convince the Council there would be no further traffic impacts on a site which clearly already had a residential use. However, to reduce reasons for appeal we resubmitted the application (there are no planning fees to pay on re submissions) reducing the scale and changing the siting of the proposals. This was also refused.

At appeal we successfully demonstrated that the weight accorded to an LDC should be greater than the Council had given. The traffic impacts would be no greater than was present for the existing caravan, our redesign was suitable for the location and the site already had a domestic appearance.  As a result, replacing the caravan with a dwelling was acceptable and the Inspector allowed our appeal. Whilst each application is judged on its own merits this decision sets a new precedent for replacement dwellings, giving a clear indication that a replacing a caravan with a dwelling is possible where an LDC has allowed the caravan.

If you are in a position where you are seeking a building to replace a caravan or seeking an LDC we may be able to help. Whilst these are complicated in nature we value our high success rate so will tell you simply what your chances of success would be.
Prism Planning are delighted to announce that the High Tunstall housing development of 1200 homes has at long last been granted outline planning permission, subject to the completion of a S106 Agreement. This represents the largest housing development approved in the Tees Valley in recent years.

The proposals were brought forward in 2014, when Tunstall Homes proposed a detailed masterplan, including a new distributor road, local centre, primary school, amenity open space and structure planting. The scheme was one of the largest in the North East and required an Environmental Impact Assessment under current European legislation.

The original masterplan included provision of 2,000 new homes, but following the two-stage public consultation by Results Communications Ltd, and continual dialogue between the client, Tunstall Homes, and Prism Planning with Hartlepool Borough Council, the planning application was submitted for consideration the same year.

Rod Hepplewhite, one of the directors of Prism Planning, which operates nationwide, said the approved application represents the changes in market conditions, and the benefits of adopting a considered approach through early engagement with stakeholders.

“The application, accompanied by a detailed masterplan, originally sought permission for 2,000 homes on a larger area of land but as the towns housing needs reduced, so did the scheme.

“As might be expected of a development of this size and on a greenfield site on the edge of town, the application raised a number of issues, not least the scale of development proposed and proposed access arrangements. We have been working closely with the client and stakeholders to ensure that what was proposed will be of benefit to Hartlepool, as well as the surrounding area.”

The approved scheme will lead to a variety of much needed improvements to the A19, helping to close off a number of dangerous junctions, as well as leading to the start of Hartlepool’s western by-pass, which will significantly help traffic flows across the town.

Hartlepool Borough Council’s Planning Committee resolved to accept the officer recommendation for approval of the planning application for land south of Elwick Road in High Tunstall.

The scheme represents a new record for Prism Planning, which deals with applications for small, one-off developments as well as large masterplanned, multi-use developments.

The proposal was designed to not only meet the housing demand in Hartlepool but to provide community facilities for residents expected to move into the new homes.

Secure dog exercise area approved by Darlington Borough Council

Variety is the spice of life, or so the saying goes.  While housing and housing related projects may be the bread and butter of a planning consultant’s working life, it’s always nice to deal with other subjects.  Yes, we handle quite a few anaerobic digestion, equestrian and agricultural projects but when something entirely different comes along it makes for a pleasant change.  And so it came to pass ….

Earlier this year our Director, Rod Hepplewhite, was approached by a new client who was interested in establishing a secure dog exercise area on a field just outside one of Darlington’s villages.  Through her work with the Dog’s Trust she had become aware of a latent demand and need for a secure place where dog owners whose pets had special needs (such as being anxious when near other dogs or people or running off when let off the leash and not returning) could be exercised in a safe and secure environment.  The nearest such exercise area to Darlington is in Thirsk, which has proved to very popular such that booking a time-slot isn’t always easy.

It was clear that the demand/need for the facility was there but the question was how would the local planning authority view such an unusual proposal.  Rod advised the client that given the proposed location and the unusual nature of the proposal the submission of a pre-application inquiry to the Council would be a good idea.  This proved to be the case as we were able to engage in positive discussions with the case officer, including a very useful site visit, at an early stage.  We addressed issues raised, including providing a new entrance to the field from the country road, and answered all questions and were given a good steer on the preparation of the planning application.  The same planning officer dealt with the planning application such that it proceeded to approval in a smooth manner, helped along by us providing an in-depth explanation of the background to the proposed dog exercise area, what it would entail and how it would be operated.

A combination of tactics and being open and honest helped win the day.  The planning application submission included information above and beyond planning requirements but going that extra mile secured the planning permission for our client that she sought.  That is what Prism Planning is all about, going that extra mile for our clients.

 

 

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.
Some readers may recall that we reported back in March of this year our success at appeal in having the decision by Stockton-on-Tees Borough Council to refuse outline planning permission for a development of 4 houses within the grounds of a care home in Redmarshall over-turned and permission granted. We have now secured outline planning permission for the redevelopment of the care home itself to provide up to 6 houses. Although the application was submitted in outline with all matters reserved, the indicative layout showed the development being integrated with the previous permission for 4 houses. The Council had previously resisted any further residential development within Redmarshall on the basis that they believed Redmarshall to be an unsustainable village. We had successfully argued at appeal, the Inspector accepting our arguments entirely, that their reasoning was flawed and that for a host of reasons the village should be regarded as a sustainable settlement where new housing development could be accommodated. We were delighted that Stockton’s planners dealt with the second application much more favourably, granting permission under delegated powers in a timely fashion. Our client will now advertise the entire site as a development opportunity for up to 10 houses. If you have a housing development in mind and would like some professional planning consultancy assistance, whether or not sustainability might be an issue, we are only a phone call or an e-mail away.
Stockton Council have just decided to grant consent for a scheme submitted by Prism Planning which sought consent for 40 one and two bedroom apartments on a site in the centre of Ingleby Barwick. Consent had previously been granted at appeal for a scheme on the same site that was restricted by a planning condition to only be occupied by the over 55’s. Because of the conditions imposed, the scheme was not attractive to the market and lending institutions during these challenging times. Prism Planning presented an alternative scheme to the Council which provided for a mix of one and two bedroomed apartments for sale, based upon a different financial model and argued against the imposition of any restrictive occupancy condition. Accurate information on scheme build cost and viability was also submitted, to demonstrate to the authority that the scheme could not afford to contribute towards all the off-site affordable housing that the Council sought. The scheme was passed by a majority vote on the planning committee, subject to a legal agreement relating to the transfer of land for public open space and a reduced commuted sum towards the provision of affordable housing elsewhere in the borough. It is increasingly the case that viability assessments are becoming a key component of any planning application of significance and this scheme showed the value in presenting a clear business case to the planning authority. Without this, the scheme would have been subject to punitive costs that would have held the scheme back. If you have a scheme where viability is an issue, talk to Prism to see whether we might be able to help.
Prism Planning have just succeeded in getting a Certificate of Lawful Development relating to an occupancy condition attached to what was once a forestry workers house in Richmondshire. The effect of the Certificate allows the occupants to either live in the house without needing to comply with the condition or sell the house without new purchasers having to comply with the condition. It is a little unusual to encounter an occupancy condition which restricts those living in a property to be being ‘foresters’ but that’s just the problem we faced. When the original consent for the house was issued in the 1960’s, it supported an active timber yard where trees were cut into usable timber. The next generation of business owners decided not to cut up timber but instead to import pre-cut timber. This was used to build an array of products from fencing panels through to garden sheds. Somewhere along the way, the business stopped being a forestry enterprise and became a manufacturing business. No one appreciated this subtle but important change. As part of their retirement proposals the owners were looking at the prospect of selling the house but found its value much reduced by the condition. With Prism’s help, they were able to show the Council that as the business had evolved, the condition had been breached for a considerable amount of time and no longer served any purpose. The Council agreed and issued a Certificate of Lawful Development without any debate or concern. The case presented an unusual set of circumstances, not least of which was finding a useable microfiche reader in the area, but we were very pleased to be able to suggest an approach that worked for the client with the minimum outlay of time and expense and a wonderful end result. We wish our clients many happy years of retirement!
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.