T: 01325 740610
Projects
Key Changes to theNational Planning Policy Framework, Decmeber 2023
Before Christmas, an early present arrived in the form of the revised National Planning Policy Framework. Published on 19th December 2023, the latest iteration of the NPPF has brought with it a host of questions, which Prism Planning are here to help unravel.
The NPPF sets out the Government’s planning policies for England, including policies for housing and the green belt, and how these are expected to be applied locally. This framework defines how local plans should be developed, as well as how planning applications should be determined.
There have been a number of key revisions that affect the chapter, ‘Delivering a sufficient supply of home’:
- The standard method for objectively calculating housing need in a local authority has been downgraded from a ‘requirement’ to ‘advistory’, although exceptional circumstances will be required for using an alternative method.
- Local authorities with an up-to-date local plan will no longer need to continually show a deliverable five-year housing land supply.
- The 5% and 10% housing land supply buffers that can be applied to local authority housing land supply calculations have been removed. However, where there is a history of under delivery of housing, a 20% buffer may be applied.
- In relation to housing needs, older people have been added to the list of specific groups for which local authorities must consider meeting their housing needs.
Other key changes to the National Planning Policy Framework include:
- The previous requirement that Green Belt boundaries should be reviewed or changed when local plans are being prepared or updated has been replaced by local authorities being able to choose to review and alter Green Belt boundaries in exceptional circumstances, with changes made through the plan-making process.
- On the issue of affordable housing and community-led housing developments, all references to entry-level housing exception sites or similar have been replaced with community-led developments or similar.
- Ensuring every local authority is held to account for delivery against its plan, the speed with which planning applications are processed and the rationality of their decision-making.
- Forcing local authorities to set aside land to be developed by small builders in an attempt to increase competition in the sector and reduce the dominance of large developers.
The National Planning Policy Framework carries significant weight in planning decisions and is one of the most important planning documents both for local authorities and applicants to consider when developing proposals.
With all the changes affecting the planning system in 2024, for clear and straightforward advice on your application, contact Prism Planning.
Equestrian Development in North Yorkshire
On a small field just outside Low Worsall in North Yorkshire, our clients were trying to use the field to keep horses in.
To do so over winter they needed some shelter and hay storage facilities for their animal’s welfare. Our client had previously submitted proposals for equestrian buildings on the site which had been refused by the Council and were subsequently dismissed at an earlier appeal.
While this often is the end of the road for a planning matter, Prism Planning thought of another way to tackle the issues the led to the refusal of the original appeal.
Representing the case, we argued for the use of a S106 agreement that required the owner of the land to keep a hedge around the site at a minimum height of 3m to screen what went on inside the site. The previous planning inspector hadn’t given this issue a great deal of thought. A Unilateral Agreement was however formally tabled by Prism Planning in this case which led the Inspector to reach a different conclusion on the acceptability of the proposals.
An initial refusal at appeal might not always be the end of the road! Our recent success highlights that planning cases sometimes require a degree of stamina and self-belief, coupled with a healthy dose of creative problem solving! It shows that an initial refusal at appeal might not always be the end of the case and that taking a step back, looking at the specialist planning tools that are available in the hands of a skilled practitioner can sometimes give you the result you want. Even if it does take a couple of attempts to get there!
If you’ve had your appeal refused, contact Prism Planning for expert advice and see how we can help your case.
Increase to Planning Fees from 6th December 2023
As part of the Levelling Up and Regeneration Bill, there has been a radical overhaul of planning fees. As of 6th December 2023 planning fees have increased, but be aware that the increase is not as simple and straightforward as you may expect. The government has decided to bring in a sliding scale between minor and major applications.
Essentially, fees for ‘major’ applications increase by 35% and by 25% for all other applications. Here are a few examples:
Fees for householder applications (extensions to a single dwelling) increase to £258.
For outline planning applications the sliding scale is as follows:
- Site area not more than 0.5 hectares - £578 for each 0.1 hectare (or part thereof)
- Site area between 0.5 hectares and 2.5 hectares - £624 for each 0.1 hectare (or part thereof)
- Site area more than 2.5 hectares - £15,433 plus £186 for each additional 0.1 hectare (or part thereof) in excess of 2.5 hectares with the maximum fee set at £202,500.
For full planning applications the sliding scale is as follows:
Erection of Dwellings:
- Not more than 10 dwellings - £578 per dwelling
- Between 10 and 50 dwellings - £624 per dwellinghouse
- More than 50 dwellinghouses - £30,860 + £186 for each additional dwelling house in excess of 50. Maximum fee of £405,000.
Erection of Commercial Buildings (not farm buildings):
- Floorspace no more than 40 sq.m. - £293
- Floorspace more than 40 sq.m. but no more than 1,000 sq.m. - £578 for each 75 sq.m. (or part thereof)
- Floorspace between 1,000 sq.m. and 3,750 sq.m. - £624 for each 75 sq.m. (or part thereof)
- More than 3750 sq.m. £30,680 plus £186 for each additional 75 sq.m. (or part thereof) in excess of 3,750 sq.m. Maximum fee of £405,000.
For other fee categories, Prism Planning are more than happy to advise you on the increased planning fee relevant to your project. Contact our planning experts today.
Unanimous Support for Raw Dog Food Company
An unusual case with a fantastic outcome!
Our client began trading from an industrial unit in early 2023, selling raw dog foods to help dogs with allergies, skin conditions and those needing specialist diets.
With other units on the same estate being used for specialist forms of retail, no one initially thought they needed planning permission.
The LPA soon asked for an application, advising that their presence on the estate was contrary to policy. They proceeded to say that consent would likely be refused, with enforcement action following which would result in our client having to leave their unit. Understandably, our clients were anxious about losing their business premises and possibly their livelihood.
Last week, Steve spoke at the local planning committee, successfully persuading the members to reject the officers recommendation. The committee unanimously voted to support the proposal, leading to one very happy client…any many happy dogs!
Successful Appeal and Full Award of Costs Against an Occupancy Condition
Another great outcome with an appeal win, as well as full award of costs, for our client.
Our client uses a wheelchair and was living in a converted barn building, which had a historic approval as a holiday cottage. An occupancy condition restricted the use of the premises, which we tried to get lifted.
While the LPA at the time did not life the condition, they did grant a personal condition for her lifetime to say that she could stay in it. In an act that they thought was helpful, in reality was the opposite and discriminatory.
In our revised application, we pointed all these out and appealed against non-determination.
The Inspector found fully in our favour, siting the Council for acting unreasonably in not moving the case forward in a positive manner.
It’s always good to achieve a win for our client, but the full award of costs was an added bonus, made even sweeter to be able to deliver the news to our client on the evening of her birthday.
Biodiversity Net Gain Update
Yesterday (27th September 2023), it was announced that the upcoming implementation date for implementing Biodiversity Net Gain (BNG) scheduled for November 2023 for large scale schemes, was being postponed to a future date.
Today we learnt that new commencement date is to be January 2024. So the Government have just given a two month gap and no more.
The timescale for compliance for small scale schemes remains the same - April 2024.
The only schemes to avoid BNG compliance for the foreseeable future are large scale infrastructure schemes. Critics of the government might well argue that they were the very schemes where a 10% BNG uplift would have made a real difference!
The move is consistent with Rishi Sunak's recent announcements of pushing back key elements of the Green Agenda to try to better grow the economy during these challenging times. Whether two months does it remains to be seen!
Most developers were aware that BNG requirements for major schemes would see them having to find ways in which to improve the value of their site to nature by 10%. This might not sound a lot but in practice it isn’t always so easy to demonstrate - particularly when you are forced to use the toolkit devised by Natural England (NE) to do the job!
So, a small sigh of relief from developers that they have a two month window? Hold hard - as is often the case it's not quite that simple. National Planning Guidance that requires “net gains to biodiversity” is still in play and on top of this, many Councils already have policies in their Local Plans that require a net gain in biodiversity value as part of local decision making. None of that has changed!
Those authorities that still want to pursue improvements to biodiversity through the planning system will still have opportunities to do so - although the gains required might be lower and/or more negotiable for a short period of time.
The dreaded NE assessment tool is still in play as the only accepted way of measuring baseline biodiversity values. It can produce some bizarre results.
Those who ignore BNG might find they do so at their peril as it's not gone away as far as people might have wished and it will make a rapid reappearance in the near future. Indeed, some might think a two month window is nothing at a time when decision making is so slow in many LPA’s because of their limited staff numbers - and the extra time allowed by the delay will be simply offset by slow decision making with it all catching up inevitably in early 2024.
The small pause does provide an opportunity for LPA’s and NE to find better ways to administer BNG with a more simple and flexible assessment system that we can all administer practically. It needs to allow more local discretion that doesn’t limit the scope of local professionals to make judgements based upon the needs of the area. Developers also need to respond positively and not ignore it as a concept - it’s a pause, not a cancellation and society rightly expects a greener and more considerate development going forward. We have to deliver better and greener developments for the future.
If you want further guidance on Biodiversity Net Gain, consult Prism Planning for expert advice.
Biomass Power Station, Port Clarence
Prism Planning acted for Port Clarence Energy Ltd in securing planning permission for a 45MWe renewable energy plant (biomass power station) on land at Clarence Works, off Port Clarence Road, Port Clarence, Stockton-on-Tees.
Prism Planning, led by our Director Rod Hepplewhite, project managed the preparation, submission and post-submission negotiation of the planning application. The scale of the proposed development and the ecologically sensitive location of the site was such that an Environmental Impact Assessment was required, the preparation of which was coordinated by Prism Planning and involved a host of environmental consultancies plus input from Prism Planning.
Following initial negotiations with Stockton-on-Tees Borough Council regarding screening and scoping of the Environmental Impact Assessment, the planning application was submitted and approved with 16 weeks, an almost unheard of timescale. Needless to say, our clients were extremely pleased with the timely and successful outcome.
Marine Energy Park, North Killingholme
Planning permission has just been granted by North Lincs Council for one of the largest buildings ever to be built in the area on land close to the South Bank of the Humber at North Killingholme. The proposed building would measure 520m x 280m x 36m high.
The building would be used to manufacture the specialist large steel bases for the new wave of offshore windfarms that are to be built off the East Coast. Working for our clients Able UK, Prism Planning submitted the application to the Council last year, with a full Environmental Statement.
As Steve Barker of Prism Planning noted, “It’s difficult to appreciate from the image just how large this building needed to be to accommodate the height of these massive structures -but when you understand that they are so large they can’t be moved by road, only short distances on site using very specialist self-propelled modular transporters, and require some of the largest cranes in the world to move them onto ships, you really begin to appreciate how much work is involved”
Projects of this type and scale are technically very challenging and a wide team of specialist disciplines were involved in assessing the impacts of the project, co-ordinated by Prism Planning. Discussions on the potential ecological impact of such a large building caused slight delays but now the go ahead has been given, it takes Able’s new Marine Energy Park a large step closer to being delivered. A multi-million-pound pumping station is currently being built on site by the company to help unlock the development of the wider Marine Park and significant investment has and continues to take place on local wildlife habitat improvements.
Prism Planning were delighted to work with Able and their team to secure the consent which could help secure 600+ direct jobs on site and many more in the supply chain and on the rest of the Marine Park to be built around the site.
Nifco - Factory Unit and Alterations
Prism Planning have acted for Nifco UK in respect of a number of planning applications relating to their site at Durham Lane, Eaglescliffe, Stockton-on-Tees.
Nifco UK specialise in the manufacture and supply of functional plastics parts from plastic fasteners to dampers and grab handles for the automotive industries as well as offering an injection mouldings service. They supply plastic parts to all major motor manufacturers presently operating in the UK, including Nissan, Toyota, Honda and Ford.
We first acted for Nifco UK in 2010, obtaining planning permission for them in February 2011 for their new 118,000sq.ft factory unit at the Durham Lane site, which allowed them to relocate from their old and out-dated premises off Yarm Lane, Stockton-on-Tees. Such was the success of the factory that Nifco sought to expand and in April 2013 we obtained planning permission for a second (69,000sq.ft) manufacturing and storage building at the Durham Lane, site.
Subsequently, we obtained planning permission on behalf of Nifco UK for minor revisions to the approved plans for the second factory unity in May 2014; revised entrance arrangements to the site, including new security barriers, in August 2014; confirmation in January 2017 that providing extract ventilation units to the first building was ‘permitted development’ and did not require the submission of a planning application permission; and planning permission for the roofing over of an external storage area in August 2018.
Lianhetech - Plant Expansion
An established Teesside based Chemical Site is all set to undergo a multi-million pound expansion, creating around 80 jobs, following the successful grant of planning permission following an application submitted by Prism Planning.
Fine Organics have been established in Teesside since the 1970’s, moving to the present site in Seal Sands in 1984. The plant became part of the Chinese based Lianhetech Group in 2017 and the present site has been manufacturing specialist chemical for the pharmaceutical, agricultural and performance chemicals sectors.
Bucking the national trend, Lianhetech have a very positive view of the chemicals sector and have sought to extend the present site, adding new productions lines and new storage facilities at its Seal Sands base.
Prism Planning co-ordinated and submitted the planning application, and today Stockton Borough Council granted planning permission for its expansion, paving the way for work to start on site immediately.
Naturally the large scale expansion of a chemical site brings with it s host of challenges, from chemical storage, ecology, foul drainage, through to issues of flood management, and the application involved complex negotiations to get todays result.
Prism were proud to have been selected to support Lianhetech and to have played a small, but important art in the continued growth of the Tees Valley Economy. Todays result, coming hot on the heels of Teesside Mayors acquisition of SSI land, paints a promising view for our industrial and chemical sectors.
Resubmisson of Equestrian Workers Dwelling, taking over a case in Durham
We also take over projects when difficult technicalities have led to a refusal. In this case the applicant had applied for a dwelling without realising the complications of the planning system. We meet with the Client and discussed how we would make the application and viewed the site.
We made arguments for the principle of the development and that it should be accepted showing that despite being outside of development limits the proposals were an exception that should be allowed.
We then followed up with the key considerations including being on site for ill horses and showing how the business could support a full time worker.
There were issues with connecting to an existing foul sewage container at the site and Prisms experience of drainage meant the matter was quickly resolved. We also supported our client by getting the Council to quickly agree to a last minute change of building materials. The application was granted.
Equestrian Workers Dwelling in Hartlepool
An application was made for an equestrian workers dwelling in Hartlepool at an existing equestrian centre. The present dwelling at the site is home to the applicants, however following an injury they had been forced into early retirement. The dwelling was also located in a remote location away from services.
As with other applications the submitted Planning Statement covered the issues of a functional need and need for a full time worker. Prism used its experience of calculating labour hours and working with accountants to achieve this.
However the LPA felt that the presence of the first dwelling meant the enterprise was served by a dwelling which provides a suitable alternative to building a second unit. We challenged this at appeal and the council countered that an annex or extension could be appropriate.
The inspector found that the Client could stay at the property if desired and consequently that the existing dwelling would not be serving the business. In light of this the appeal was allowed.
Equestrian Workers Dwelling in Stockton
An application was made for a workers dwelling in Stockton to support a farm which had diversified into an Equestrian Centre.
Prism is familiar with the unique approach and evidence required to gain permission for a workers dwelling. This is a typical example which was outside of the development limits, however it also had the added complication of being partially related to a separate farming business.
In this instance the farm and Equestrian Centre were supported by an existing house but the applicant who occupied the house was seeking to step back from the business and retire. We successfully argued a second building in there circumstances was acceptable.
Furthermore the application argued that there was a functional need for a workers dwelling, limited availability for an alternative dwelling and a need for a full time worker. The application was also supported by a business plan. The application was granted.
Prism Secure New House for Olympic Equestrian
Prism managed to secure planning permission for a new house for Olympic equestrian Nicola Wilson, at her Northallerton training base. The new house is a replacement for the existing dwelling on site and was substantially larger than the one it replaced. The plans for the scheme were prepared by Summerhouse Architects.
Speaking at the Hambleton Planning Committee, Steve Barker pointed out to the committee that the new house had been specially designed around Nicola’s mobility requirements, following her riding accident at Badminton earlier this year. The new house was fully accessible in terms of all mobility standards and hugely energy efficient compared to the existing dwelling on site.
Officers had been concerned that the size of the proposed replacement dwelling was contrary to their new policy in the Local Plan, adopted earlier this year. However, the Councillors unanimously approved the application, recognising that the case put forward by Prism was clear and convincing.
Class Q Application - Barn Conversion Durham
Prism were successful in a rural application for converting an isolated barn into a residential dwelling. The application was initially refused as there were highways concerns about safe access of the site, however an alternative access was provided along with traffic analysis which overcame this reason for refusal. In addition structural concerns (an important area of conversion is proving the building can be realistically converted) were also resolved thanks to input from Prism.
Whilst there ideal sites that have no issues there are also ones where there are concerns such as the above. These require problem solving as well as experience of what can and can't be possible under Permitted Development Rights.
As a consequence the conversion was found acceptable by the Council.
Office Conversion Former Northern Echo Building Darlington 52 Residential Units
Prism is finding increasing conversions are taking place on the high street in light of recent reductions of banks and other traditional anchor tenants. An application was made under the General Permitted Development Order which required Prism to have a understanding of interpreting legislation and avoiding pitfalls.
The process was straightforward with a careful approach by Prism, to cover off potential issues Asbestos and noise reports were submitted. In addition positive comments were made about the strong sustainability of the location and nationwide changing nature of the high street.
The result was that the application was allowed and with it the future of the building has been preserved.
Class Q Application - Barn Conversion Hambleton
Prism were successful in getting permission for a barn conversion under Class Q Part 6 of the General Permitted Development Order. Using this right takes expertise and experience to meet the requirements of the class.
In this instance the key issue was the envelope of the building and demolishing existing farm buildings. The council needed to be convinced that these would not result in refusal for the application. In addition the structure of the building was also a key factor as the GPDO wording on rebuilding verses converting has many potential pitfalls. However Prism was successful and this application was allowed.
It was the case that Class Q applications could be made with less information than a planning application, we see this is now changing with ecology and access being increasing prominent in applications. But we have been up to date with the subsequent amendments of the Order and continue to have successful outcomes.
Dalton Four Units
Our client had already carried out a development of 5 dormer bungalows on the edge of Dalton, and wanted to site 4 more on land immediately adjacent to his recent development. The road had already been laid out to accommodate this.
The site was on the edge of the village and had previously been the subject of an unsuccessful appeal by others, which unfortunately made the job twice as hard.
Other challenges included nearby flooding and potential noise from the re-use of disused farm buildings. The Council ultimately failed to determine the application and it was a challenge to engage officers in a debate about how the site could positively be brought forward. The Councils Interim Housing Policy was core to the dispute between the two sides.
Prism submitted an appeal against non-determination of the application and set out its case in a comprehensive written statement. The Inspector accepted each of the points made by the Prism team and went on to grant consent, finding that although the site lay outside current settlement limits, it was in accordance with the Councils interim housing policy, was not obtrusive in visual terms and provided useful bungalow accommodation recognised as being in short supply across the District. Naturally our client was delighted!
Ingleby Barwick - 200 Homes
Another housing application but one where the appeal was the key area of work for Prism. We had worked on the outline application which was outside of development limits and close to a Council designated green wedge.
A key factor of the application and a reason for refusal was the alleged impact on the green wedge which was not clearly defined by the Council.
Given the scale of the development and issues we organised a Public Inquiry where we had commissioned a planning solicitor on behalf of the Client.
At the inquiry Prism were successful proving that the green wedge was not significantly impacted by the proposals. It was also recognised that the housing would bring a useful increase to the housing supply. As a consequence Prism won the appeal.
Barn and Garage conversion into dwellings
Prism succeeded in a planning appeal to convert two structures within the curtilage of a dwelling into houses. A key factor were that the building was listed and with this the curtilage by extension. The second key factor was that the site was in a village close to a town and whilst the village was not sustainable the town was within a short commute by foot with lit foot ways.
In response we discussed design with the architect and the resultant design was heritage led. We also submitted a Heritage Impact Assessment resulting in no issues from the council.
The sustainability was tackled by carrying out an assessment of distances to services based on guidance of walking distances. This was seen by the Inspector as robust evidence in proving that the site was a sustainable location. As a consequence the proposals were found acceptable at appeal and the appeal was allowed.
The Royal Oak, Nunnington
A Planning Inspector has allowed the change of use of a former public house in a North Yorkshire village to allow the premises to be occupied as a single dwelling house. Prism Planning represented the owner of The Royal Oak, Nunnington at an informal hearing, held in December 2019. In February 2020, the Inspector, in his decision notice, not only allowed the change of use of the premises, but concluded that the decision of the Planning Committee not to grant consent in the first instance was manifestly unreasonable and took the very unusual step of awarding a full award of costs against the Council.
In most planning appeals, an appellant is expected to bear their own costs, regardless of the outcome of an appeal. Only in exceptional cases will an Inspector make an award of costs. This unusual case involved a number of unusual circumstances. Planning officers at the Council tried on three separate occasions to persuade members of the Planning Committee that they should support the application and allow the former business owner to remain in the premises, allowing them to be used as a private dwelling house. Officers had received advice from several independent sources that the pub wasn’t viable and that alternative premises were available. Notwithstanding that advice, members consistently chose to depart from officers’ recommendations. This, in the eyes of the Inspector, was ultimately unreasonable behaviour. The full costs of the appeal will now be picked up by Ryedale tax payers and our client has both the end result that she clearly deserves without bearing the costs of having to pursue her case through a complicated and time-consuming appeal process.
Nationally, pub closures are still very much an increasing trend as we all drink less – but the closure of a village pub is never an easy subject in a village and there is often opposition to the loss of what are often regarded as important community facilities. Sometimes pubs can be rescued with new ventures – but in many instances, the harsh economics of village life mean that we need fewer pubs than are currently trading.
Prism Planning understands the issues involved in these tricky situations and would be pleased to offer preliminary advice to anybody contemplating the closure of an unviable business. It is certainly not a subject to go into without a great deal of careful preparation and with expert advice on hand.
Residential Subdivision
In its first planning committee since adopting its Local Plan, Stockton Planning Committee voted to grant the application for the subdivision of a dwelling into two units. Prism was brought in for a resubmission as the original application had been refused for being a cramped over development of the plot.
Following analysis of the application and a redesign The Planning Statement focused on proving the site was within the Councils sustainable Design Guide SPD for garden space and also that the local character would not be impacted by the proposals.
The Planning Statement submitted with the application showed how the application was suitable for the proposed development and it went into Committee with the Case Officer recommending approval.This is the result of an application which tackled the issues of visual impact, suitable garden sizes and impacts on neighbour amenity from potential additional noise.
If you are looking at subdividing your property and are seeking advise please get in touch for advice.
Application for a Dwelling Hambleton
A three house application in a rural village in North Yorkshire was approved as a result of Prisms understanding of recent changes to Hambletons housing policy. Like many councils Hambleton is facing the daunting task of replacing its outdated local plan which is in excess of 10 years old. They had adopted an interim policy to keep their plan relevant to the government policy. This allowed for rural housing under certain circumstances.
The Planning Statement was focused around proving that the site was appropriate and the proposals met the required criteria. Prisms experience in meeting criteria with developments such as applicaitons under the General Permitted Development Order meant we we able to satisfactorily demonstrate the proposals were acceptable.
New Dwelling in Conservation Area Durham
An application was made for a house in the conservation area of an isolated village in Durham. It was a conservation led development which focused on a design which would suit the character of the village.
We carried out a Heritage Impact Assessment which showed the proposals would not cause harm to the significance of the Conservation Area or nearby listed buildings. We also noted that the village had a Neighbourhood Plan in place, so as well as local policy this policy was also demonstrated to be met by the proposal.
The result was approval given the site was an infill and the council agreed with out heritage assessment.
New Homes Permitted on Greenfield Site Despite 38 Degrees Petition Against Scheme
Prism made an application for 37 dwellings at the edge of Low Coniscliffe in Darlington. The site was greenfield and undeveloped land. There was significant objection to the application given the nearby village community, in fact a 38 degrees petition was made to try and refuse the proposals.
However we were able to work with the Council for an application which would contain appropriate surface water drainage, green space and also affordable housing. We also put forward a robust case on the housing supply of the borough and how further housing was required.
The result was an officers recommendation for approval and at committee a speech which resulted in approval for the application.
Application for 1200 homes
Prism Planning acted for Tunstall Homes in securing outline planning permission for a residential-led development of 1200 homes, a neighbourhood centre, primary school and amenity open space on an area of land extending to some 92 hectares south of Elwick Road, High Tunstall, Hartlepool. The development will play a major part in meeting Hartlepool’s housing requirement over the next 10-12 years.
Prism Planning, led by our Director Rod Hepplewhite, project managed the preparation, submission and post-submission negotiation of an outline planning application. The scale of the proposed development was such that an Environmental Impact Assessment was required, the preparation of which was co-ordinated by Prism Planning and involved a host of environmental consultancies plus input from Prism Planning.
Associated with the application and financed by the development and others nearby through S106 Planning Agreements relating to the permissions, major highways works will be undertaken including a northern by-pass to Elwick, the northern junction from Elwick onto the A19 will reconfigured as a grade separated junction.
Anaerobic Digestion Scheme Supported at Appeal
The operation of an Anaerobic Digestion plant has been varied by an Inspector at appeal, after he recognised that AD plants could be acceptable forms of countryside development in their own right that did not need to be tied operationally to a particular farm. Specifically, the Inspector stated in relation to policies in the Council’s new Local Plan that:
“these do not specifically preclude what is now being proposed, that is, a renewable energy scheme and an employment generating development that does not have a specific tie to a particular farming enterprise.”
These comments were made in relation to an appeal which sought to lift the conditions that tied an AD scheme to a particular group of farms that had supported the original scheme. Planning conditions were put in place at the time the plant was first built that prevented the plant from taking feedstock from other farms in the area of the plant.
On behalf of the appellants, Prism had challenged the current need for such restrictions, arguing that it was more important to ensure the plant could operate as flexibly as possible and that there was no longer any need to restrict the source of the feedstocks.
The Inspector agreed that the AD industry had moved on since the plant was first put forward and there was clear support for an efficient renewable energy sector in the National Planning Framework. The Inspector noted Prisms arguments about the nature of the feedstocks not changing as a result of the plants operators being free to source feedstock from wherever it might be available, noting that the costs of transport would naturally prevent it moving large distances by road.
He agreed that the Council’s concerns were overly cautious and restrictive and granted permission for the plant to operate independently, but using the same broad types of feedstock, sourced from wherever the operators wished to obtain it.
This decision is one of the first decisions to come through relating to what may now be regarded as a mature renewable energy sector and it will be of interest to a number of owners and operators of first-generation plants that were tied to a particular farm when they were built. Anyone in this position may well be able to benefit from this decision and here at Prism we would be pleased to talk to you.
Council’s Decision to Refuse Lawful Development Consent “Not Well Founded!”
An independent Planning Inspector has allowed an appeal relating to the creation of a garage for up to 4 cars on land to the rear of a three bedroomed property that already contained a large workshop in its curtilage.
Planning Law allows the erection of outbuildings for purposes that are ‘incidental to the enjoyment of the dwellinghouse’. In this case the Council had argued that the development wasn’t necessary as the workshop could be used for the applicant’s cars.
The Inspector noted that this wasn’t the correct legal approach and that the arguments advanced by Prism were the correct application of planning law. Accordingly he found that the Councils consent was not well founded and went on the grant the Certificate of Lawfulness of Proposed Development that had previously been applied for. A great Christmas present for the appellant!
Permission Given for Expansion of Technimark, Middleton in Teesdale
Prism Planning were pleased to be able to support Technimark in their plans to expand their base in Middleton in Teesdale (September 2022). Speaking at Durham’s Planning Committee, Rod Hepplewhite from Prism told members that the company, who make medical grade plastic injection moulded components for the medical, pharmaceutical and healthcare industry, was one of the area’s success stories. The company’s plans to expand their manufacturing and warehouse base in the village had attracted criticism from some residents who worried about noise from the factory interfering with their home life.
Rod explained to members how the factory would operate and the steps that had been taken to minimise noise and disturbance.
After a detailed question and answer session, members announced they were convinced by the answers received and voted to support the proposals, deciding that that the planning balance weighed in favour of the scheme put forward by Prism.
Detailed noise modelling had also formed part of the case and we were pleased to work alongside Apex Acoustics on this matter. We wish Steve and the Technimark team every success with their investment plans for the site.
Barn Conversion with a Basement Approved -Against Officer Advice!
Durham County Councillors, in a victory (September 2022) for common sense have just approved a planning application for the excavation of a basement and ponds as part of a barn conversion - against the advice of their planning officers.
Our client was in the process of converting a barn under the more commonly known ‘Class Q allowance’. Unfortunately for him, he had stepped over the line and carried out unauthorised development by seeking to excavate some wildlife ponds and, more importantly, had started to create a basement under the barn before realising this fell beyond the scope of his planning permission.
Despite demonstrable gains in biodiversity, the planning officer wanted his proposals refused. Members of the Council however took a contrary view after hearing an impassioned speech from Steve Barker of Prism Planning which challenged members to think about what harm would be caused by works that took place underground.
Whilst the policy may have suggested only refusal could flow from the unauthorised works, no harm was actually caused - and there was quite a benefit to wildlife from the ponds.
The application shows how dangerous life can become when you depart from approved plans - with refusal of everything a distinct possibility, followed by demolition of the barn as a consequence. However, our skilful advocacy and the common sense of the Councillors turned a potential nightmare into a day of jubilation - with a promise that he won’t depart from the plans again, having learnt his lesson!
Success at Appeal – Enforcement Notice Quashed, Planning Permission Granted
Prism Planning are delighted to have successfully defended at client at appeal (June 2022) against an enforcement notice served by Stockton-on-Tees Borough Council, with the notice being quashed and planning permission being granted.
Our client had been operating a childcare business from a house in Ingleby Barwick, using both ground floor rooms of the house, the rear garden and a building in the rear garden erected under Class E(a) of Part 1 to Schedule 2 of the GPDO 2015 (a used for purposes incidental to the enjoyment of the dwelling). The Council had not objected to the childcare business operating from the house or the rear garden but said that planning permission was required to use the building but would not be granted.
We appealed the enforcement notice under ground (c) that planning permission was not required and ground (a) that planning permission should be granted if the Inspector concluded that the use of the building for commercial childcare purposes was required.
The Inspector rejected the appellant’s claim that the building was permitted development under Class E(a) of Part 1 to Schedule 2 of the GPDO 2015. However, when considering the merits of the case, the Inspector concluded that planning permission should be granted, agreeing with us on every material planning issue argued. In this regard, the Inspector decided that the building did not harm the character of the area, that the use would not undermine the amenity of local residents and that the comings and goings of parents dropping off and picking up their children was unlikely to take very long, give rise to significant activity or cause unacceptable impact on highway safety.
Nonetheless and as had been agreed during the appeal process, the Inspector attached conditions limiting the business to care for a maximum of six children with no more than one member of staff in attendance at any one time and requiring the widening of the driveway at the front of the house so as to accommodate two cars in addition to the garage space.
New Bungalow at Carlton Miniott Allowed at Appeal
We had submitted a planning application for the redevelopment of the site of a domestic garage and adjacent land at Carlton Miniott to provide a single two bedroomed bungalow. The application was making very slow progress and despite the case officer advising he wasn’t happy with the scheme the application remained undetermined. We were left with little choice other than to recommend to our client that he appeal against non-determination of the application.
We were very pleased, as was our client, when the appeal decision arrived and we read those all-important four words – “The appeal is allowed”.
Not only that, but the Planning Inspector agreed with us on every material planning issue. It doesn’t get much better than this. We saved our client time by submitting the appeal promptly instead of waiting for an eventual refusal of planning permission and then submitting the appeal.
It just goes to show, sometimes with the right professional advice it pays to be impatient.
Nitrate Ban Brings All New Housing to a Crashing Halt
Just before Easter 2022, as we were all grappling with the complexities of Biodiversity Net Gain and thinking matters couldn’t get more complicated, Natural England dropped something of a bomb shell on the development world in the Tees Valley by issuing a Direction that effectively prevents all new planning applications involving residential development of any scale from being approved.
The Directive is linked to the accumulation of nitrate in the Tees Estuary where we have populations of international importance for wading birds. Under the Directive, all Tees Valley Planning Authorities, parts of Durham, Richmondshire and Hambleton, all have to make sure they carry out an Appropriate Assessment under the Habitat Regulations which considers the nitrate produced by new development contributing towards the nitrate level in the Tees Estuary.
So far, Natural England have delivered a toolkit to help assess the amount of nitrate arising but there is complete silence on the practical measures they expect to see introduced on just how nitrate might be offset or mitigated.
We have already seen Planning Committees cancelled or reduced in scale as the Planning Authorities, who were not consulted on this issue, grapple with the problems of how they are going to ensure that new permissions are granted in a timely manner to meet the housing needs of those who live and work in the Tees Valley.
Few people would argue with the need to do everything reasonably possible to safeguard birdlife in the Estuary, but many would question whether the Directive could not have been introduced in a more gentle manner with a degree of lead up and discussions about just how mitigation might come forward. The present clumsy “stick” hasn’t been supported by an attractive “carrot” and many of the developers have already decided to boycott the Tees Valley for the time being, until this issue is more fully debated with mitigation delivered. No doubt the Tees Valley Mayor will be taking a lead role in helping to solve this apparent crisis facing us with immediate effect.
The Directive applies even to single dwellings, so many proposals will be impacted with immediate effect.
Prism will update its clients as and when the position of Natural England on mitigation is made more transparent.
Biodiversity Net Gain Makes Its Mark
The Environment Act, passed last year will introduce a requirement for all planning applications to have within them improvements to the biodiversity value of a site that will achieve a minimum 10% uplift. The new measures set out in the Act will come into effect at some point in 2023 – likely to be the Autumn according to the government.
Whilst the concept of Biodiversity Net Gain is one that all can support, delivering it in practice is far from straightforward and our ecological partners are already working hard on trying to establish just how this new all-encompassing measure to be delivered. We have, at the present time, a probable 12 month “grace period” in which schemes simply need to show a positive uplift in the site’s present condition, not the whole 10% that will be required from next year onwards. This has been confirmed by Planning Inspectors at appeal, but some Local Planning Authorities are already trying to apply the 10% uplift with immediate effect. This can be quite challenging in many instances and careful negotiation and explanations are required in order to strike the right approach for present conditions.
It does mean that in addition to Preliminary Ecological Appraisals, many of our clients are going to need Biodiversity Net Gain Baseline Assessments. It might also mean that any environmental improvements that you would be carrying out as a matter of course, might be better put on hold and used to offset any mitigation that might be required as part of a future planning application. You can’t count improvement measures you have already carried out, only ones that form part of the planning application package.
This is one of the most far-reaching changes to the planning system that we have had for some time and it is going to be quite difficult over the next 12 months seeing how it beds down in practice. The guidance and support from Natural England on this subject will need to be significant and there are some in the industry who doubt whether they will be able to support the measure in the positive way that will be required for it to not frustrate new development as a matter of course. Time will tell how the support is delivered.
If you want further guidance on Biodiversity Net Gain, consult Prism Planning for expert advice.
Resomation First for Prism Planning
Prism Planning are pleased to announce that they have been successful in getting approval for what is believed to be the first (8th November 2021) commercial water cremation or Resomation Facility in the country, for the disposal of human remains. The new facility will be located in Darlington whose members recently signed the climate emergency declaration.
The process is innovative in the UK, but well established overseas in North America and Europe, where it has played an increasing part in making the funeral sector more environmentally sustainable.
During the week that COP26 is underway, and the world's attention is focused on reducing greenhouse gas generation, it is gratifying that Darlington Council supported the application and approved the new facility.
Resomation uses considerably less carbon to reduce a body to its natural elements compared with conventional cremation, with a significantly reduced environmental footprint. It is seen by many as the future system for funerals without costing the planet, being a dignified, safe and environmentally friendly of disposing of human remains.
The new facility in Darlington will not only represent the first commercial scale operation of its kind but will enable a training facility to be established which will support other Resomation facilities as they start to get rolled out around the country.
Prism Support Gypsy Artist and His Wife
Prism were invited to help James and Christine Taylor fight a planning appeal relating to their proposals for living on site with their gypsy horses in County Durham.
Despite submitting copious amounts of information, the Planning Authority had decided that the couple didn’t need to live on site in order for them to run their equestrian business relating to the rearing of very high-quality gypsy cob horses, which they had managed to export successfully all over the world.
Spotting an opportunity to avoid the need for the appeal, Steve Barker, MD of Prism Planning, submitted a revised application to Durham County Council, presenting information to them in a slightly different manner to their original proposals. The new approach found merit with the Planning Authority and was successful in turning an enforcement appeal scenario around to a positive planning approval. The couple have now got consent to live on their site and operate their business without threat of being evicted and with the full support of the Council.
Prism are certainly happy to fight appeals and to deal with enforcement matters – but sometimes looking at things from a different perspective can be very much in the applicant’s interest and can save time and money as well.
We wish them well with their business.
Not only appeal allowed but costs awarded to the appellant as well
An early Christmas present for Prism Planning and our client. While it is always good to win a planning appeal, being successful in seeking an award of costs against the local planning authority in favour of the appellant as well is a rare occurrence. When this happens in the run-up to Christmas it’s time for double celebration, even in these strange times.
On behalf of our client, we appealed against the refusal by Middlesbrough Council’s to refuse planning permission for a single house outside of development limits. The background was that outline planning permission had been granted for a small self-building development of five houses.
Reserved matters approval had been granted for three houses and these were substantially complete. The outline permission had expired by 3 months when our client and a colleague submitted applications, through their Architect, for full planning permission for their houses on the two remaining plots. Our client’s application was refused, against officer recommendation at the July Planning Committee and we received instructions to submit an appeal as soon as possible. The appeal was submitted in August and then we discovered that planning permission had been granted, in line with the officer recommendation, for the other house at the Council’s September Planning Committee meeting.
In making our final comments of the appeal, we advised The Planning Inspectorate that the other house had been approved and commented that the LPA had failed to properly consider the background to our client’s application, particularly the fact that the outline permission had only just expired when our client’s planning application was submitted whereas this was given weight in approving the other house. We also argued that the Council had failed to substantiate the reason for refusal of our client’s application. It was on this basis that we made an application for a full award of costs against in favour of the appellant.
We were pleased to read that the Planning Inspector agreed with us on every material point and his conclusion on the costs application that the Council had acted unreasonably in refusing our client’s application and that requiring the Council to pay him the full costs of the planning appeal was therefore justified.
Hopefully Councillors sitting on Middlesbrough’s Planning Committee will take note that ignoring the professional advice of their planning officers can have unfortunate repercussions for the Council. Granted officer recommendations cannot always be agreed, but when refusing applications against officer advice Councillors need to be sure that they have valid planning grounds for refusing such applications.
Change of Use of a Vacant Unit
‘God loves a trier’ so they say, or should that include the add-on ‘particularly when you employ the services of Prism Planning’?
Prism Planning are delighted to have obtained planning permission (19th August 2020) for our client, Ingleby Barwick Land & Property Developments, that will allow the one remaining unit at their ‘Saxon Local Centre’ Easington Road, Hartlepool to be occupied by a non-retail use. At their ‘virtual’ Planning Committee meeting of 19th August 2020, councillors voted unanimously to grant planning permission for the change of use of the premises from a Class A1 retail shop to a ‘drinking establishment with expanded food provision’ (Class AA).
On two previous occasions, planning permission had been refused for the change of use of a vacant unit to a hot food takeaway. Following discussions with our client and recognising that there is no public house or restaurant near to the local centre, a change of tack was proposed. This found favour with planning officers, who were happy to recommend that the application be approved despite there being objections from local residents as all material planning considerations had been satisfied through the planning application submission.
As Chumbawamba famously sang, ‘I get knocked down but I get up again’. If you get a planning application knocked back, come and have word with Prism Planning and we’ll give you honest, no-nonsense advice of what best to do next.
NE Grains Anaerobic Digestion Scheme Gains Approval
After nearly two years of work, an Anaerobic Digestion Plant has been allowed at the side of North East Grains plant on the outskirts of Longhirst (14th August 2020). The scheme will be operated by the farming consortium that own and run the adjacent grain plant and will use waste cereal grains as one of the feedstocks for the plant. In turn the AD plant will enable the Grain Store to significantly lower its carbon footprint in harvest time with heat, gas and electricity all going into the Grain Plant with surplus going into the National Grid.
What was unusual in planning terms was that the site was within the Newcastle Green Belt, within which renewable energy plants should normally not be allowed. However, Prism were able to make a convincing argument for exceptional circumstances being met with the two plants supporting and assisting each other. This case is not an easy one to make and took patient analysis and proper presentation of the relevant facts.
We wish the NE Grains farming co-operative every success with their ambitious new venture.
Heritage Scheme in Barnard Castle
The redevelopment of an old joinery complex on land to the rear of Newgate, Barnard Castle was recently given the green light by Durham planners (14th August 2020). The heritage led, innovative scheme will provide 4 live-work units, created from the conversion of existing buildings and workshops on the site. Prism Planning managed the scheme, drafting the successful Heritage Appraisal that underpinned the submission.
The scheme involves the restoration of a listed building and preserves important features of the site such as the arched opening in the boundary wall through which carriages once passed. The scheme was carefully negotiated with heritage advisors from Durham County Council although slightly bizarrely was at one point subject to an objection from Historic England, seemingly because the scheme didn’t incorporate a thatched roof! Such roofs haven’t been found in this part of Barnard Castle for several hundred years! Fortunately, further discussions resulted in the objection being withdrawn. Prism were grateful for the support of Durham County Council’s Heritage and Planning officers who took a very positive and proactive stance to assist.
The site is now on the market with Carver Commercial.
Holiday Park Development Approved Following Relaxation of Lockdown Restrictions
Prism Planning are delighted to have eventually obtained planning permission (28th July 2020) for Ward Leisure in respect the holiday park development proposed on land at Dalton Gates, near to the Croft Motor Racing Circuit, North Yorkshire.
The development, comprising 38 static caravans in a landscaped setting, had been under consideration by Richmondshire District Council for some time during which issues of the scale of development proposed, access arrangements, foul and surface water drainage and potential noise impact were raised and subsequently addressed.
The application had been reported to the Council’s March Planning Committee with a recommendation that the application be approved. Our Director, Rod Hepplewhite, spoke in support of the application and a number of local residents spoke against to it. After some discussion on the merits of the proposal and issues raised by local residents, Members of the Planning Committee voted to defer the application for a site visit. Due to the subsequent imposition of Covid-19 lockdown restrictions, however, the Committee site visit was delayed until 23rd July. The application was reported back to the Planning Committee meeting of 28th July, which was held online via Zoom. After much debate, the Committee voted to granted planning permission by 8 votes to 1.
Ward Leisure foresee an increase in the demand for all forms of ‘staycation’ holiday accommodation including static caravan parks. A lot of time and effort had gone into the preparation of the application, assisted by Wardman Brown Architectural Services and Curtins Consulting, and into subsequent discussions with the planning officers to address issues raised in order to arrive at the recommendation for approval. With this in mind and the unfortunate delay due to lockdown restrictions, the positive outcome was a great relief of both our client and ourselves.
8 Dwellings outside of development limits in Stockton approved at appeal
During the last banking crisis in 2007/8, local farmer and businessman Martin Herring, set his workers on the repair and refurbishment of old farm buildings on his farm at Aislaby West. The building project avoided the need to lay off some of his work force, and left him with a set of restored traditional buildings which had no real farming use for.
In 2019 Prism Planning applied on his behalf to have the restored buildings converted into dwellings. Stockton Council refused, citing the repairs as being unauthorised and the location as being unsustainable, despite the passage of a lot of time. Their decision seemingly ignoring the fact that the central government were now encouraging the residential conversion of such buildings.
This week (1st April 2020) a government Planning Inspector has overruled the Councils decision, allowing the buildings to be converted to provide 8 new dwellings. The Inspectors decision followed an informal hearing in February where Mr Herring was again represented by Darlington based Prism Planning.
Speaking on behalf of Mr Herring, Steve Barker, Managing Director of Prism Planning accepted that the case was an unusual one- “Its not very often that a farmer seeks to restore and repair old buildings that he doesn’t have a particular use for -but in this case Mr Herring presented us with what we thought was the perfect opportunity to carry out a sensitive conversion scheme that met all government directives and requirements. The fact that he did the initial work during the last recession, and that we get the new decision in what is now undoubtedly a new recession has added poignancy and shows us that with everything going on, sometimes good news stories do emerge. It was a shame that we couldn’t convince the officers in the Council earlier in the process, but the conversion of outbuildings often challenges planning officers and this isn’t the first appeal of this nature that we have had to fight for our clients.
Coming Soon: A Major Leisure Snow & Leisure Centre Asset for Middlesbrough
Middlesbrough Council have approved the planning application for a snow & leisure centre development (30th March 2020) on land at Middlehaven, Middlesbrough, next to Middlesbrough Dock and near to Middlesbrough Football Stadium, that Prism Planning submitted on behalf of our client Subzero (Middlehaven) Ltd in December 2019.
Our Director, Rod Hepplewhite, co-ordinated the preparation and submission of the planning application and led on subsequent positive discussions with officers of the Council. He is delighted that this exciting leisure development has been given the go-ahead as it represents another step forward in the regeneration of the Middlehaven area of Middlesbrough. It should prove to be a major asset not only for Middlesbrough and the Tees Valley but also for the wider North East and North Yorkshire.
The development will provide a commercially successful, high quality, regional leisure attraction providing indoor skiing facilities (two indoor ski slopes, a nursery slope for beginners and tuition and a main slope for more accomplished skiers and snowboarders) supported by sports retail, food and beverage outlets (cafes, bars, restaurants & hot food takeaways) and other complimentary leisure uses (such as ten pin bowling, indoor karting, soft play area, family entertainment centre, high ropes, crazy golf etc). The development will provide new sport, recreation and leisure opportunities for local people and attract visitors and business to Middlehaven/Middlesbrough from across the region.
Projects of this scale and complexity take time to develop, during which time the site increased in size and the form and orientation of the building on site altered as the detailed design of the building evolved to accommodate the range and layout of the facilities proposed. We at Prism Planning are delighted to have assisted in this development successfully progressing through the planning stages.
An article on the application is in the Northern Echo.
Replacing a caravan with a dwelling, success at appeal in Stockton Borough
Prism Planning has won an appeal (10th March 2020) to replace a caravan with a bungalow. After the application was made, we quickly met resistance. Firstly, the Council considered that the dwelling would result in domestication of the location and have a negative visual impact. Despite the location being isolated from footpaths and the site already being domestic in part. Secondly, it determined the application as if it were a new dwelling despite the land being in use for domestic purposes and as a location for the existing caravan which would be removed.
Sometimes when met with such strong resistance it is more time and cost efficient to seek an independent view and an appeal should be made. As no forward process could be made with the Council Prism Planning prepared the case. We also worked with third parties on legal documentation aimed at controlling the use of the site, proposing to remove existing wooden structures at the location to work with the Council. Ultimately, we were successful, winning against the Council and the reasons of refusal.
This is the second appeal we have won relating to this specific type of application and we even have had interest from other Planning Consultancies on our approach.
Chemical Site Expansion Given the Go Ahead in Stockton Borough
An established Teesside based Chemical Site is all set to undergo a multi-million pound expansion, creating around 80 jobs, following the successful grant of planning permission following an application submitted by Prism Planning (21st February 2020).
Fine Organics have been established in Teesside since the 1970’s, moving to the present site in Seal Sands in 1984. The plant became part of the Chinese based Lianhetech Group in 2017 and the present site has been manufacturing specialist chemical for the pharmaceutical, agricultural and performance chemicals sectors.
Bucking the national trend, Lianhetech have a very positive view of the chemicals sector and have sought to extend the present site, adding new productions lines and new storage facilities at its Seal Sands base.
Prism Planning co-ordinated and submitted the planning application, and today Stockton Borough Council granted planning permission for its expansion, paving the way for work to start on site immediately.
Naturally the large scale expansion of a chemical site brings with it s host of challenges, from chemical storage, ecology, foul drainage, through to issues of flood management, and the application involved complex negotiations to get todays result.
Prism were proud to have been selected to support Lianhetech and to have played a small, but important art in the continued growth of the Tees Valley Economy. Todays result, coming hot on the heels of Teesside Mayors acquisition of SSI land, paints a promising view for our industrial and chemical sectors.
Four dwellings approved Dalton, Thirsk
Our client had already carried out a development of 5 dormer bungalows on the edge of Dalton, and wanted to site 4 more on land immediately adjacent to his recent development. The road had already been laid out to accommodate this.
The site was on the edge of the village and had previously been the subject of an unsuccessful appeal by others, which unfortunately made the job twice as hard. Other challenges included nearby flooding and potential noise from the re-use of disused farm buildings.
The Council ultimately failed to determine the application and it was a challenge to engage officers in a debate about how the site could positively be brought forward. The Councils Interim Housing Policy was core to the dispute between the two sides.
Prism Planning submitted an appeal against non-determination of the application and set out its case in a comprehensive written statement. The Inspector accepted each of the points made by the Prism team and went on to grant consent (31st January 2020), finding that although the site lay outside current settlement limits, it was in accordance with the Councils interim housing policy, was not obtrusive in visual terms and provided useful bungalow accommodation recognised as being in short supply across the District. Naturally our client was delighted!
Snow and Leisure Centre planning application submitted to Middlesbrough Council
Prism Planning have today (28th November 2019) submitted to Middlesbrough Council, on behalf of our client Subzero (Middlehaven) Ltd, a planning application for a 20,588m² snow & leisure centre development on land south of Priestman Road, Middlehaven, Middlesbrough, near to Middlesbrough Football Stadium.
Our client’s aim for the Subzero project is to provide a commercially successful, high quality, regional leisure attraction providing indoor skiing facilities (two indoor ski slopes, a nursery slope for beginners and tuition and a main slope for more accomplished skiers and snowboarders) supported by sports retail, food and beverage outlets (cafes, bars, restaurants & hot food takeaways, some probably in-combination) and other complimentary leisure uses (a climbing/ice-climbing wall, soft play area, trampolines and ten pin bowling are envisaged). The development will provide new sport, recreation and leisure opportunities for local people and attract visitors and business to Middlehaven/Middlesbrough from across the region.
Our Director, Rod Hepplewhite, led on project managing the preparation and submission of the planning application and has been involved with the project from day one, including the preparation and submission of the previous outline planning application that was approved by Middlesbrough Council in April 2017. Projects of this scale and complexity take time to develop, during which time the site increased in size and the form and orientation of the building on site altered as the detailed design of the building evolved to accommodate the range and layout of the facilities proposed.
Officers of Middlesbrough Council were kept advised of progress in preparation of the planning application and we are hopeful that planning application will be granted early in the New Year.
Specialist Chemical Site Expansion Moves a Step Closer
Prism Planning are delighted to have been selected by Addison Project and Lianhetech to submit their planning application for the refurbishment and extension of the Lianhetech plant at Seal Sands.
Formerly known as Fine Organics, the company have been one of the leading manufacturers of specialist chemicals in Teesside and currently employ around 260 staff on their site which was set up in the 1970s.
The current planning application that has just been submitted (9th October 2019) to Stockton Borough Council will see a multi-million pound investment in the existing plant, including the establishment of new car parks, new production lines and various ancillary outbuildings. The application represents a substantial investment in the firm following its acquisition by Lianhetech.
The application is expected to be considered by Stockton Borough Council in the future weeks.
If approved, the application will not only consolidate the existing jobs and presence of the company but will lead to a further 80 staff being employed on the site.
It is recognised that this good news will be most welcome, following the recent announcement over the uncertainty of Ineos plant at Seal Sands.
Replacement dwelling allowed in Conservation Area
Planning permission was sought for the demolition and replacement of a single detached house in a North Yorkshire Conservation Area. The house was not listed and had a significant array of structural issues associated with it and restricted ceiling heights at ground and first floor level. It was also subject to damp and flooding problems. The consulting engineers, having considered all the issues recommended demolition and re-build, despite the fact that parts of the house dated back to the 18th century.
Prism were called in to assist and produced a detailed Heritage Impact Assessment, for the project. Opponents to the scheme had tried to secure the listing of the building and had put forward a great deal of confused arguments claiming the building was of significant historic interest. Their case had got the ears of Historic England who took the listing case forward.
Untangling the claims took a substantial amount of time, but Prism managed to defeat the listing attempt, only to have planning officers then try to declare the building to be a locally designated asset and faced a committee report that recommended refusal of the replacement dwelling.
Steve Barker, Prism MD, spoke at the planning meeting, pointing out a series of errors in the report and incorrect interpretations of planning law in the advice given to members. Despite the same objectors also speaking at the meeting, we managed to secure the unanimous overturning of the officer recommendation with members supporting the recommendation. It’s a challenge to overturn any officer recommendation, even under the best of circumstances and to do so unanimously was unprecedented
Dealing with a heritage matter is a tricky issue and a great deal of care is required. This case demonstrates that the team at Prism have the capability and knowledge to tackle some of the most sensitive and challenging heritage cases and we would be very pleased to talk to potential new clients about how we might be able to assist.
Offshore Marine Energy Park Proposed on Land at South Bank, Redcar
Prism Planning today (20th May 2019) submitted a Scoping request under the Environmental Impact Regulations for the development of an offshore marine energy park to service the burgeoning offshore wind turbine industry. The site at South Bank on the Tees involves part of the former steelworks. The project would provide a new base for the offshore sector, allowing for the import and assembly of the components used to deliver the offshore wind programme that the UK desperately needs.
The proposal would see the development of a new 950 metre long quay along the South Bank wharf, replacing the present derelict structure. On the site, components would be stored, assembled and shipped on to new purpose-built vessels designed to deliver the new offshore programme. In order to do this, new cranes would be built, including the most powerful conventional crawler crane in the world and a new rail crane, which would be more than twice as tall as the Transporter Bridge. It has been estimated that nearly 250 jobs would be created during the construction period and thereafter 600 permanent jobs for workers and management associated with the proposal. A CGI image of how the site might look is attached below.
Prism were very pleased to be selected to manage this project and look forward to working with Able and the Local Planning Authority to deliver this much-needed redevelopment project. Further enquiries on this matter should be directed to Steve Barker, Managing Director of Prism Planning Ltd, or Neil Etherington, Business Development Director at Able UK.
Successful Removal of Agricultural Occupancy Condition - By an Unusual Route
Prism have just been successful in removing an agricultural occupancy condition attached to a client’s property - and achieved it via a most unusual route. The conventional approach usually requires the property being advertised for sale for a 1 or sometimes 2-year period, at a price that reflects the lowered value of the property. The field is often fraught with disputes over valuations and challenges to the marketing process - stamina is normally required and a number of cases simply get abandoned.
Our clients had lived at the property for a number of years and assumed that they met the occupancy criteria - indeed they had correspondence on file from the Council confirming this point.
Prism had reviewed the history of their site and formed a different view - which in due course was supported by an independent review by barristers at No 5 Chambers - the acknowledged set for planning advice in the country.
Prism then proceeded to submit an application for lawful development - based upon more than 10 years of non-compliance with the condition - a position the team were very sure about.
Fresh minds at the LPA, reviewing the back files of the case came to another unusual view - that the original occupancy condition, because of its non-standard wording was so badly drafted that it could not actually be complied with by anyone and was, in their minds completely unenforceable going forward. They invited Prism and our client to present an application to remove the condition as a consequence and then went on to grant that consent.
Naturally our client was delighted by the outcome and by the removal of the occupancy condition! The case highlights that the removal of occupancy conditions is rarely straightforward, but that it can be done, if circumstances have changed radically since the property was first built. Anyone in this position should seek expert advice from Prism Planning who have a track record of success in this very specialist field of planning.
High Tunstall Development, Hartlepool
Prism Planning celebrates its latest approval in Darlington. Two large three storey buildings containing apartments and retail units were granted permission subject to a Section 106. At present Darlington is claiming in excess of 80 years of housing supply which gives it more power to refuse applications.
The application site is brownfield and located within Darlington, a number of buildings are presently located at the site. It is adjacent to a mixture of industrial and residential uses.
The application was a resubmission with a revised noise report which targeted potential impacts from the nearest industrial use, should the vacant building become occupied. Our Planning Statement was able to make the differences between the submission and resubmission clear. During the application we also managed issues such as surface water flooding by directing them to the right specialists. The result was that the resubmission was successful and permission has been granted subject to a legal agreement.
22 Apartments and Shops Approved in Darlington
At long last, some 5 years since our first involvement in the project and 4½ years since the planning application was submitted, Prism Planning secured outline planning permission, backed by a S106 Legal Agreement, on 14th March 2019 in respect of a housing-led development of some 83.5 hectares (206 acres) of land at High Tunstall, Hartlepool. The development will provide up to 1,200 homes, a neighbourhood centre including a primary school, a new distributor road and amenity open space including structure planting.
We recognised from the outset that a scheme of such magnitude was never going to be straight forward and so it turned out. Through a combination of the scale of the proposed development, the site’s location and the local environment, the planning application required an Environmental Impact Assessment, a Habitats Regulation Assessment, a Transport Assessment and detailed archaeological investigation.
Prism Planning project managed the preparation of the planning application submission, preparing the supporting Planning Statement and leading on the preparation of the Environmental Statement, including over-seeing the work undertaken by a host of environmental consultancies and the architects who prepared the many iterations of the masterplan drawings and the associated Design & Access Statement.
The application was submitted at the time that Hartlepool Borough Council were preparing of a new Local Plan (adopted May 2018). To accord with the then emerging Local Plan, the scale and land-take of the proposed development was reduced from the original 2,000 homes and 118 hectare site proposed. Rod Hepplewhite, our Director, attended the Local Plan Examination Hearings in September/October 2017 and successfully supported the Council’s proposed allocation of the High Tunstall application site as a ‘Strategic Housing Site’, a significant step forward in the ultimate approval of the planning application.
The scale of the proposed development and the proximity of the site to the A19(T) necessitated extensive negotiations with Highways England and highways engineers from Hartlepool Borough Council. Consequently, associated with the development and part financed by it, significant highway works will be undertaken, including a northern by-pass to Elwick village linking to the A19, the provision of a new grade separated junction north west of Elwick, gap closures on the A19, and improvements to aa number of junctions with Hartlepool.
The site lies within relative proximity to the coast, which is protected under a number of ecological designations (including the Durham Coast Special Area of Conservation (SAC) and the Teesmouth and Cleveland Coast SPA and Ramsar. As a consequence, given the scale and nature of the proposed development, there was a requirement to consider and address the potential impacts on these European sites under the Habitat Regulations. This resulted in the development being provided with larger areas of amenity and recreational open space than had been originally been proposed.
We have dealt with many applications for residential development of various forms over the years, although it is fair to say that the High Tunstall development is our largest and most complex residential development. 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, which held us in good stead for the High Tunstall project.
Application Revision for Stable Building to House Convertion
Our client had converted a former stable building into a house, without having first got the benefit of planning permission, through a misunderstanding in how to draw down permitted development rights. This hadn’t gone down well with the planning authority, for understandable reasons, with an appeal against their initial refusal of planning permission being unsuccessful.
In looking at the reasons why the Inspector initially agreed with the Council, Prism considered that there was scope to mitigate the harm that the Inspector had cited. We brought in a professional Landscape Architect, Guy Rawlinson and with his help, devised a new landscape mitigation plan. We then went further a crafted a unique legal agreement, or Unilateral Undertaking, relating to the way in which the landscape could be managed if consent were granted. A second, revised application was submitted.
Unfortunately, the Council maintained its initial stance and went on to refuse the second application, escalating matters by also serving our client with an enforcement notice. The Council had seemingly ignored both our landscape plan and our legal agreement.
At the second appeal, the new Inspector commended the landscape assessment and plan and criticised the Council for ignoring the Unilateral Undertaking that Prism had carefully prepared, finding it robust and fit for purpose. He was critical of the Council’s opposition to the development and granted our client consent to remain in occupation with his family, subject to complying with the legal agreement and undertaking additional planting.
Our client can look forward to spending Christmas in his own home, not hunting for a new one!
Whilst it is never a good idea to carry out development without planning permission, if you do find yourself in a tricky situation, come and talk to us as soon as possible. As this case makes clear, if there is a solution to be found, we specialise in finding it! Don’t give up until you’ve talked to Prism.
Unbroken Record of Success with Equestrian Projects
Prism Planning has continued its unbroken record of success with equestrian projects by winning another appeal for an equestrian workers dwelling.
Our clients had set up Stotfold Crest Rising Centre near Elwick, several years ago, under the expert guidance of Lesley Perry. Following a bad wrist fracture which hasn’t properly healed, Lesley decided she needed to take more of a backseat role and hand over the reins (!) to her daughter, Anne Marie, a top level equestrian in her own right who has competed at international level and is without doubt an Olympic contender for Tokyo.
The proposal submitted to Hartlepool Council involved the construction of new, high quality stables, a horse walker and a new house for Anne Marie and her family, in accordance with currently applicable case law on the subject which was cited at length to the Council.
Despite warm support from the Parish Council, who could see the benefits to the area in having Anne Marie set up her base in the north east, officers from the Council decided to ignore relevant case law and refused permission, arguing it was contrary to the Local Plan.
A hearing was held into the case in August, and the Planning Inspectors decision allowing the scheme was made public last week. In her appeal decision, the independent inspector noted that the humanitarian principles embodied in the High Court cases cited by Prism in support of the application were relevant to the case and should have been taken on board more fully by the Council. She was also critical of the Councils attempts to remove permitted rights from the proposed new dwelling and restored those rights, along with the main permission.
Prism Planning are naturally delighted with the outcome. Over the 10 years we have been in existence, we have fought several key battles over equestrian development -the most recent case being the promotion of an all weather international show jumping arena in the Green Belt at Gateshead for Philippa Curry, a former UK Show jumping Coach of the Year. Philippa’s proposals were due to be rejected by officers but following a committee speech by Steve Barker of Prism, members of the planning committee voted to approve her application.
Double Success for Prism Planning with Two Separate Anaerobic Digestion Plants
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.