We look back at the changes 2018 has brought to the planning arena, and look into our crystal ball to consider what may happen in 2019…

2018 a year in retrospect

This time last year, we saw a new housing and planning minister in the shape of Dominic Raab. He wasn’t to be in position for long though – by July, he had moved on to become the Brexit secretary, and was replaced by Kit Malthouse.

Councils across England were able to raise their planning application fees by 20%, thanks to new regulations that were approved by the House of Lords right at the end of 2017.

By March, there were big changes ahead for planning, when Theresa May launched draft revisions to the National Planning Policy Framework (NPPF), which aimed to boost protection of the Green Belt, speed up housing delivery rates and make the most of urban land. The finalised revised NPPF appeared at the end of July.

The government also said that it was going to review the planning inquiry procedures, to speed them up – the plan was in fact to halve the time it took to produce a decision. This was ambitious, but it was generally welcomed by planners and applicants, although nobody was under any illusion as to the challenge that was faced.

Local plans also came under the spotlight, as the government took to task three authorities that it believed were taking too long to produce their plans – and threatened to intervene if they were unable to justify their reasons.

There was good news for the farming community in the spring, when extended permitted development allowed agricultural buildings to be converted into homes with a floor space of almost double what had been allowed previously. The change also allowed for variety in the size and number of dwellings that would be created.

There was another new face in parliament as James Brokenshire took over from Sajid Javid as Housing Secretary.

As ever in planning, plans are approved and rejected – while in Essex three new garden communities proposed by Braintree District Council, Colchester Borough Council and Tendring District Council were found to be ‘unsound’ by a Planning Inspector, in London, the redevelopment of the Elephant and Castle shopping centre into just under 1,000 homes was approved, despite protests.

In the summer, the government invited bids under the heading of ‘garden communities’. Garden towns were to have more than 10,000 homes, while ‘garden villages’ would have 1,500 or more.

Come the autumn, there was new guidance covering assessing housing need and plan making, thanks to changes in the Planning Practice Guidance. The budget also allowed for new permitted development rights – so that commercial buildings can be replaced with housing, and high street properties can be converted for different uses.

Planning on making everything look better was the new Building Better, Building Beautiful commission, which aimed to improve the quality of new homes, while local authorities faced penalties thanks to a new housing delivery test, which failed to appear on schedule.

What’s happening in 2019?

The revised NPPF will apply to any local plans that are submitted from 24 January, however Friends of the Earth has instigated a judicial review and a decision is still to be forthcoming from the High Court.

New unitary councils will come into play in Dorset in April, while Buckinghamshire’s is to come into force in 2020 – covering Aylesbury Vale, Chiltern, South Bucks and Wycombe. Consultations are also underway for changes in Northamptonshire.

More updates are expected to the Planning Practice Guidance – covering determining housing figures, green belt policy and so on.

We should also get news on the latest round of garden communities – 100 applications were received before the 9 November 2018 deadline – and February should see the government response to the Letwin review of build-out.

Just before Christmas we saw draft regulations on developer contributions, so we expect some movement on that this year.

We are also waiting for a report from the review of the planning appeal inquiries process, which is yet to be forthcoming, and for the Planning (Appeals) Bill, which is due to be put forward towards the end of January.

Another busy year ahead for the planning world!

If you would like to discuss your own project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

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Planning appeal – Housing

Outline application for up to four houses on the edge of a hamlet in Milton Keynes. The Council refused permission on two grounds: the adverse impact of the proposal on the character and appearance of the open countryside, and that the proposal related to an unsustainable location. The appellant’s Statement of Case, prepared by Apex Planning Consultants, cited the Dartford and Braintree cases to demonstrate that the appeal site should be regarded as previously developed land, even though it is in the open countryside, and that the NPPF advises that in terms of transport, proposals in rural areas should be assessed differently to those proposals in urban locations. The Statement of Case also demonstrated that the appeal site is surrounded by development, the proposal would amount to infill and would be well screened by existing vegetation too, meaning there would be no adverse impact to the surrounding open countryside. The Planning Inspector agreed with these arguments and allowed the appeal, granting outline permission.

Grade II* listed building

Planning permission and listed building consent granted for a property straddling the boundary of Aylesbury Vale and Wycombe District Councils. Permission was granted for internal refurbishment of the house, involving the removal and insertion of walls, doors and windows, the conversion of the garage to additional bedroom space, the conversion of the basement to a steam room and sauna, the creation of a large pond and separate swimming pool with adjoining hot tub, and the restoration of a derelict Edwardian greenhouse. We worked with the client, architect and heritage consultant to prepare a comprehensive application. We then liaised closely with the Council’s planning and conservation officers, meeting with them on site to discuss the proposal, and subsequently supplied limited additional information that ultimately secured planning and listed building consent.

Planning permission for change of use and new build – Industrial

The application related to a site in Cranfield, Central Bedfordshire and involved the change of use from a workshop to create an enlarged showroom for the sale of sports cars, the demolition of an existing industrial building and the erection of a larger purpose-built and designed workshop on the site of the building to be demolished and a disused orchard. The business is well-established, and we demonstrated that the highway officer’s concerns were unfounded, and requirements for additional information were unnecessary. The proposed increase in employment floor space and jobs, the improvement to the character and appearance of the area resulting from the proposed building, and the ability to secure controls via planning condition that otherwise did not exist, was agreed to be justification for the proposal, and the Council granted planning permission.

Representations to an emerging Neighbourhood Plan

The client instructed Apex Planning Consultants to prepare an objection to the proposed allocation of circa 17 ha. of land for employment purposes in Uttlesford District, Essex. The objection demonstrated that there was no evidence base to support the proposed allocation, it did not consider highway implications, flood risk or the impact on a nearby listed building, nor did it satisfy the basic tests for a Neighbourhood Plan. Continued liaison with the Neighbourhood Plan Team following submission of the objection secured its confirmation that the proposed allocation would be removed from the emerging Neighbourhood Plan.

Rural planning application – Proposed change of use from agriculture to industrial

The proposed change of use and conversion was of three large portal frame agricultural buildings in Blaby District to create 11 units for light industry and storage and distribution (Class B1 and B8), demolition of a fourth building and alterations to an existing vehicular access. The proposal was prepared by working with third-party consultants to prepare drawings, an ecological appraisal, transport statement and structural survey. The planning officer recommended refusal, arguing that the proposal did not satisfy planning policy and would adversely affect the character and appearance of the area. However, following a presentation to the Planning Committee from Apex Planning Consultants, demonstrating how the proposal does satisfy Local Plan policies and the advice within the NPPF, would provide local job opportunities, re-use redundant agricultural buildings and was small scale, the application was unanimously approved.

Major planning application for a car and commercial vehicle supermarket in Bletchley, Milton Keynes

The applicant had already secured the site and required the application to be submitted urgently. Apex Planning Consultants quickly organised an architect and drainage consultant, as well as liaising with external suppliers of equipment to be used on-site. The application was submitted within weeks of all parties receiving instruction and it proposed the re-use of a redundant industrial site last used for the external storage of containers. The proposal sought permission to sell second-hand vehicles and the erection of several buildings to be used as a large showroom and offices, SMART repair, valet bays, spray booths and wash facilities. The proposed hard surfacing required a balancing pond, and this had to be justified through filtration testing, as well as negotiations with the Canal Trust and Local Lead Flood Authority. The application was approved with no objections within the target 13-week determination period.

Planning applications – Change of use to sui generis

Planning applications have been submitted this year for the change of use of several units, mainly Class A1 (retail) to sui generis to allow a national ‘pay day loan’ company to establish in Town and District Centres in locations around the Midlands and wider Liverpool area. The applications sought to demonstrate that although the use is sui generis and would result in the loss of a retail unit it would not harm the vitality and viability of the ‘centre’, and the relevant Councils agreed, approving planning permission.

Pre-application advice – Mixed-use redevelopment of an industrial site

Pre-application advice was sought for a major proposal for the mixed-use residential and commercial redevelopment of a car showroom, with vehicle repair and ancillary offices was submitted to Luton Borough Council. Work was undertaken with the appointed architect to prepare drawings for a contemporary-designed building that also reflected the character of the surrounding area. A supporting statement was also prepared to demonstrate why the proposal would satisfy planning policy that seeks to resist the loss of employment sites. The Council’s response was positive, subject to conditions.

Planning permission – Commercial development

Planning permission was granted for the erection of a café (Class A3) onto the side of a large office (Class B1) building in Central Milton Keynes. Negotiation was undertaken during the life of the application with the Council planning officer and the Town Council to resolve some design and landscape issues, resulting in planning permission being granted. The application involved close cooperation between Apex Planning Consultants, the architect, arborist and noise consultant to demonstrate there would be no adverse impact to residential amenity or the character of the area.

Enforcement – Listed building

A client in Olney (Milton Keynes) was served with an enforcement notice relating to unauthorised replacement windows in a Grade II listed building and the erection of a conservatory at the rear. Apex Planning Consultants negotiated with planning and enforcement officers, arriving at an understanding that the enforcement notice would not be acted upon, whilst a planning and listed building application was prepared. This was prepared in association with an architect and heritage consultant, and proposed the replacement of the unauthorised uPVC windows with bespoke timber windows and the demolition of the uPVC conservatory and erection of a replacement timber frame conservatory. Planning permission and listed building consent was subsequently granted under delegated powers.

Various HiMO applications

Apex Planning Consultants acted for a client with a property portfolio in Northampton, securing planning permission for the change of use of Class C3 (residential) houses to Class C4 (house in multiple occupation). Permission was required due to an Article 4 Direction served in respect to the wider area that removed permitted development rights, which would normally mean the change of use does not need planning permission. The applications we submitted, including other HiMO proposals by third parties, were subject to objection from residents, the Ward councillor and the County highway officer. Despite support for the application from the Council planning officer the Ward councillor requested all HiMO applications were reported to Committee for determination. We represented the client at those Committees and consistently demonstrated that the proposals satisfied the Council’s own policies, were supported by case law, there was no flood risk and notwithstanding the lack of allocated parking, the properties are in sustainable locations with shops and services in walking distance and there are bus stops nearby. Each time the Committee agreed, and planning permission was granted.

Agriculture – A slurry lagoon to take washings from a nearby abattoir

We prepared the planning application for a farming client in Wiltshire and demonstrated that the vehicular movements will not be significant, the slurry lagoon will blend into the surrounding landscape without causing an adverse impact, and it will be constructed in such a way that it will not adversely affect the chemical state of the surrounding fields. We worked alongside the Council, its appointed specialist consultant and the Environment Agency. Planning permission was subsequently granted under delegated powers.

Listed building and conservation area – Conversion from agriculture to residential

The proposal was for the change of use and conversion of a Grade II listed agricultural barn to two dwellings in a small village in East Northamptonshire. The planning statement and heritage impact assessment demonstrated that there would be no harm to the heritage asset (the listed building and conservation area in which it is located) and the proposal would secure the life of the building. Planning permission and listed building consent was subsequently granted.

Infill development – Residential

Apex Planning Consultants was approached to appraise a site on the edge of Hemel Hempstead containing a very large house with extensive surrounding gardens and to advise whether there was potential to obtain planning permission for additional housing either side of the house. We confirmed that in our opinion there was a good chance of success and the client instructed us to progress an outline application for up to three additional houses. We worked closely with the architect and arborist, preparing an indicative site plan that showed the means of access and how mature trees would be protected, but with all other matters reserved. The application received significant objection from nearby residents and, initially, the planning officer, too. Apex met with the planning officer, citing other examples of similar infill in the area and she was persuaded, such that the application was recommended for approval. Nevertheless it was determined at Committee and, irrespective of vocal objection by residents, we presented a case that the Committee agreed with and permission was granted.

With many years of experience within the industry, Apex Planning Consultants have the relevant knowledge to help with planning applications, liaise with local planning authorities, and help you navigate through the intricacies of planning procedures.

If you would like to discuss your own planning project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post A successful year – when using a planning consultancy saves the day appeared first on Apex Planning.

We conclude our 2018 series of simple guides to the labyrinth of planning procedures, with a focus on the subject of planning enforcement…

What is planning enforcement?

If any development happens without planning permission or one fails to comply with the requirements of a planning condition, the local planning authority can use its powers, as defined in Section 171A of the Town and Country Planning Act 1990, to take enforcement action.

Enforcing planning law is a discretionary power of the local council – not a duty – so the council can decide when to take enforcement action. For instance, it can make a judgement about whether it is expedient to enforce. Ultimately however, the action should be in the public interest.

There are a number of reasons where planning enforcement will be brought to bear. For example:

• If a development causes harm to public amenity or to the character or appearance of a conservation area or where there is a listed building, or,
• There is a conflict with planning policy, or,
• Any other material consideration.

The Council will form its judgement whether to take action based on planning and possibly legal advice, bearing in mind the quality of evidence, the likelihood of success, the importance to the public interest and, in these times of austerity, the cost and resources necessary to take the action might be a consideration.

What does the Council’s planning enforcement officer do?

An enforcement officer will have a number of roles. They will be there to offer guidance about a breach of planning law, seeking retrospective planning permission and enforcement action.

They will investigate any complaints to ascertain whether planning permission is needed for any works that has been started or completed and if so whether a breach of planning law has occurred.

The enforcement officers’ investigations can involve a review of evidence provided by third-parties, their own research via the serving of a planning contravention notice that requires requested information to be supplied by the operator/land owner, and observations arising from a site visit. They have a legal right of entry when they are investigating any alleged breaches of planning law, and can obtain a warrant if you refuse them entry.

If any planning laws are breached, good practice states the enforcement officer will enter into negotiations with the developer and will also be responsible for taking any enforcement action. They will also check that enforcement action is being complied with.

Why would the council seek to enforce against my development?

The council will do this if you have done anything that requires planning permission, without acquiring the permission first.

For example:

• Construction of buildings or works such as a wall or fence
• Change of use of buildings or land
• Display of advertisements
• Works to protected trees and hedgerows
• Alterations and works to listed buildings
• Demolition of certain buildings in a Conservation Area.

However, the role of the enforcement officer is not to arbitrate in neighbour disputes, land boundary or ownership disputes, deeds of covenant issues or works to party walls.

Will the Council automatically issue a planning enforcement notice?

Before this happens, the investigating officers will contact you to get an accurate picture of the facts.

If a breach of planning has occurred the council will decide whether to issue:

• An Enforcement notice
• A Stop notice (in relation to alleged breaches of planning specified enforcement notice and require their cessation within not less than 3 days)
• A Temporary stop notice (which requires the immediate cessation of a breach of planning, and any flouting of its requirements may be prosecuted)
• A Breach of condition notice (relating to planning conditions).

Within the notice you will be told what the breach of planning is considered to be, the steps required to remedy the breach or what activities are to be ceased and a timescale for this to be achieved. If you do not comply, then they will take formal enforcement action.

Can I negotiate with the Council and or seek retrospective planning permission?

A local authority can request that you apply for retrospective planning permission for the work that has already been carried out. However, there is no guarantee that this will be granted, and you could be forced to demolish any building or revert a site/building back to its original condition.

In other cases, it might be breaches of planning are a result of a genuine mistake, therefore, it might be easily remedied by ceasing the activity, removing an offending structure or restoring a site to its original state. If so, this can lead to no formal action by the council.

Negotiating with the council about this is best left to a planning consultant who has experience in these matters.

What are the planning enforcement time limits and what are my options?

Local authorities have to take action on enforcement:

• within 4 years of substantial completion for a breach of planning control consisting of operational development;
• within 4 years for an unauthorised change of use to a single dwelling house;
• within 10 years for any other breach of planning control (essentially other changes of use).

You can see our previous blog in respect to the contravention of planning conditions where the time limit is 10 years.

What is a planning enforcement appeal?

If an enforcement ‘notice’ is served you have the right of appeal to the Planning Inspectorate. This must be lodged before the enforcement notice comes into effect, which should be at least 28 days from the date it is issued.

An appeal can be lodged under several different grounds and a person can argue one or more grounds. For example, they include:

• planning permission ought to be granted or the condition or limitation concerned ought to be discharged
• the matters stated in the enforcement notice have not occurred
• copies of the enforcement notice were not served in accordance with the relevant statutory requirements
• any period specified in the notice falls short of what should reasonably be allowed.

An Inspector from the Planning Inspectorate will study your case and decide whether the enforcement notice should be upheld. If your appeal is allowed, the Inspector will grant planning permission, meaning the council can take no further action.

However, if the inspector judges that you should adhere to the notice, then you must carry out the requirements of the notice or risk prosecution. The council cannot prosecute you for failing to comply to the notice, while an appeal is being considered.

You cannot appeal against a Breach of Condition Notice and you will risk prosecution if you do not comply with it. The only available right to challenge the serving of such a notice is by application to the High Court for a judicial review.

What if I ignore an enforcement notice and do not lodge an appeal?

This is not advisable as it is an offence to ignore an enforcement notice, and a person is liable to conviction and an unlimited fine. This is another reason to seek early professional advice from a planning consultant.

If you would like to discuss your own planning project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post Planning enforcement – a simple guide appeared first on Apex Planning.

We continue our series of blogs covering the ins and out of planning applications. This month, we look at planning conditions…

Not all planning permission is given automatically. Some applications will be granted permission, but with several conditions attached.

Here, we answer some common questions about planning conditions:

I have planning permission, but it is subject to planning conditions, what do I do next?

On occasion, when a planning authority grants planning permission it might attach planning conditions. This allows the Council to exert further control in respect to matters of detail pertaining to the proposed development. But to ensure the development can move forward, the applicant must make sure they adhere to the planning conditions. These conditions will be laid out in the decision notice.

Some of these conditions may still need to be approved by the local authority – for example the type and colour of building materials. These will probably be details that weren’t specified by the applicant in the original application. Dependent on the precise wording of the planning condition these may need to be sorted out before work begins on the development. Other conditions may relate to matters such as site operating hours, for instance, and will be discharged as the build continues simply by complying with their requirements.

If you are unhappy about the conditions imposed, it is possible to appeal to the Secretary of State.

When and how do I discharge planning conditions?

You need to apply to discharge planning conditions and, as above, the exact way this is achieved depends on the wording. If you need to formally apply to discharge the planning condition this will require the completion of a new application form, specifically relating to the discharge of conditions. The form can be found on the council’s website, which you can download and submit, or alternatively online at the Planning Portal.

Can I influence the requirements of planning conditions?

A consultation with the authority before you make an application (i.e. pre-application advice) is likely to be very useful or you could negotiate by liaising with the Council during the life of the planning application, as you can often come to a broad agreement about the wording of conditions, what they will require and how they will be discharged. A planning consultant can be a useful ally for you when undertaking these consultations.

Since 1^st October 2018, where the Council proposes a pre-commencement condition (e.g. requiring the submission of further detail by applicant for its agreement before the development commences), this may not be imposed without the written agreement of the applicant. If agreement is not reached the Council may seek to agree an alternative form of wording or decide to refuse planning permission.

What should Councils ensure when imposing a planning condition?

Planning conditions must meet 6 tests, otherwise they should not be imposed on a planning permission. These 6 tests are set out within the NPPF and Planning Practice Guidance and require the planning condition to be:

1. necessary;
2. relevant to planning and;
3. to the development to be permitted;
4. enforceable;
5. precise and;
6. reasonable in all other respects.

The Government advises that Councils should use planning conditions in such a way that they do not unnecessarily affect an applicant’s ability to bring a development into use, allow a development to be occupied or otherwise impact on the proper implementation of the planning permission. This means the Council should consider whether the detailed information required by a planning condition is necessary before development commences, during the construction phase or prior to first use of the land or building(s).

Councils are required to give reasons for imposing each planning condition and can also help to demonstrate how the 6 tests are satisfied.

What is an example of an unreasonable condition?

Where the planning condition requires something of an applicant or development and it is patently clear there is no prospect of the action being performed within the time limit imposed by the permission.

What does an application to discharge a planning condition involve?

In addition to the requisite application form, the Council will charge a fee to consider the application. The Council must give notice of its decision whether to discharge the condition or not within 8 weeks.

What happens if I do not secure discharge of conditions?

If conditions are not adhered to or discharged you could be served with a Temporary Stop Notice, which will stop you from working on site. Alternatively, you may receive a Breach of Condition Notice – this will appear on all future land/property searches. You might also invalidate your planning permission, calling a complete halt to your proposed development or resulting in any existing building work having to be demolished.

We hope you find the above useful. However, its important to note that almost every case is different and if you would like to discuss your own planning project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post Planning Conditions – A Guide appeared first on Apex Planning.

Our guide to what is special about these areas, and what you need to consider when planning to buy, extend or build there…

What is a Conservation Area?

First of all, let’s examine what a conservation area actually is:

• Conservation Areas are designated to protect any special historic or architectural interest – and to ensure that any new development and changes are controlled so that they are sympathetic to the locality.
• There are nearly 10,000 Conservation Areas that have been designated in the UK – they were first introduced in the 1960s.
• Usually it is the local authorities that designate these areas – the process comes under the Planning (Listed Buildings and Conservation Areas) Act 1990. Sometimes the conservation charity English Heritage will also be involved in the process.
• Conservation areas can usually be found in old cities, villages and towns and some older suburbs. There are even some of the earlier housing estates that are protected this way, as well as areas around historic landmarks.

Planning permission in Conservation Areas

You will probably meet a special conservation officer, who will be influential when a council deals with an application within Conservation Areas – if no such position exists within the local authority, you will simply deal with the planning officer.

Officers look for designs that will enhance and preserve the character of the area, so this is the main thing to bear in mind when planning any development. So just ask yourself – does your plan improve the existing building and the Conservation Area, or does it help to preserve what is already there? You’ll often find that your design will be far more important – and attract far more attention from the local authority – than any normal application. The quality of the design will hold far more importance, and details that might be more readily agreed on another application will come under increased scrutiny.

If you see any odd anomalies in a Conservation Area (think plastic windows for instance) this may have been allowed under a different officer or was carried out under Permitted Development (see below) or pre-dated the Conservation Area designation.

Interestingly, it doesn’t mean your design has to be completely traditional and a copycat design of what is already there. Contemporary designs can be approved – especially if the area is already a mix of different designs. It also depends on whether your home has any actual historical or architectural merit – it may simply be within a Conservation Area due to where boundaries have been drawn.

Permitted Development

To streamline the planning process, and take the strain off already stretched planning departments, there are certain alterations and extensions that are allowed without the need for planning permission. You might be surprised to know that this is the case, even in Conservation areas, although the rules are a little different.

The following are allowed without planning permission:

• Single storey rear extension of 3m, or 4m if it is a detached house
• Replacement windows of a similar appearance to the originals (unless your home is subject to an Article 4 Direction)
• Solar panels are allowed, if they are not on a wall facing the highway. So, roof-mounted panels are fine.

Who has the final say?

Do bear in mind that the planning officer will normally determine your application, however, the conservation officer may be assigned instead or at least provide influential opinion via the consultation process. In addition, however much the conservation officer may love your design, if the application is contentious due to local objection it might be referred to a planning committee, which will make the council’s final decision.

Getting in early

Planning can become a lengthy and time-consuming business if the right preparation is not done. Getting pre-application advice from officers, particularly the conservation officer– and separately consulting with neighbours and the parish council – is enormously helpful. The conservation officer can help you work out what might or might not be acceptable before you proceed with a planning application – which can save both time and money. Employing the services of a planning consultancy – especially if they have experience of working with heritage issues eg, developments in Conservation Areas or affecting listed buildings – can also be a useful strategy.

Listed buildings

It is possible that if you live within a Conservation Area your home will also be listed, but the two don’t necessarily go hand in hand.

A building will be listed if it has a special historic or architectural interest. In all there are around 500,000 listed buildings in England – all of those built before 1700 and most built between 1700 and 1840. There are more modern buildings included too.

Listed buildings are subject to strict planning controls covering the exterior and interior of the building – and to alter, extend or demolish part of your property you will need to apply for Listed building consent. Normal permitted development rights do not apply for houses that are Listed buildings, therefore, you even require permission to erect sheds and or fencing in or around the garden.

In some properties, even light fittings may be historically or ornamentally important and fitted cupboards and bookcases may be regarded as part of the original fabric of the building. To find out whether your property is Listed, look it up on the Heritage List.

Your next step will be to contact the local authority and find out more about getting Listed building consent. Once you apply it should take about eight weeks for the council to decide your application. If you carry out work without consent you could be subject to prosecution, as it is a criminal offence.

You can also find out more about Listed Buildings on our website here.

If you would like to discuss your own planning project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post Planning in Conservation Areas and Listed Buildings appeared first on Apex Planning.

Do I always need planning permission for a development?

Not always no. It is possible to carry out some types of work without having to apply for permission. This is where you use ‘permitted development rights’, which are conferred by The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Don’t forget that while these rights apply to the majority of houses, they are not applicable for flats and maisonettes

What are permitted development rights?

These rights allow you to carry out certain kinds of work, as long as the restrictions are adhered to. For example, you can add a single storey extension, as long as it doesn’t extend beyond the rear wall of the original house by more than three metres or four metres for a detached house, and in some cases six metres or eight metres for a detached house. The maximum height of the rear extension must not exceed four metres. It should be noted however that there are other criteria too and these must be cross-referenced to ensure your proposal satisfies them all before it is confirmed to be ‘permitted development’.

Also included in permitted development are loft conversions, as long as they do not create more than 40 cubic metres of space in a terraced house and 50 cubic metres in any other case. Again, there are other criteria that should also be considered before the proposal can be confirmed to be permitted development.

Do remember that any space that was added by any past owners of your property since 1948 will count as previous development over and above the ‘original dwelling’ and should be factored in when working through the relevant criteria to decide whether further development can be undertaken under allowances conferred by permitted development rights.

When do they not apply and what are the limitations?

If you live in certain areas, called ‘designated areas’, then you will find that permitted development rights are more restricted. The following areas are included in this:

• a National Park
• a Conservation Area
• a World Heritage Site
• an Area of Outstanding Natural Beauty
• the Norfolk or Suffolk Broads.

Local authorities are also able to remove some of your permitted development rights by issuing an ‘Article 4’ direction or by withdrawing permitted rights (e.g. extensions, alterations and changes of use) through the imposition of a planning condition that is attached to a primary planning permission. In this instance you will have to submit a planning application for work which would not normally need permission.

Article 4 directions are often put in place by local authorities when development could threaten the character of an area. This most often happens in conservation areas, but you can check with the local planning authority if you are unsure.

Lawful development

If it is unclear if permitted development is allowed, or if your project is not straightforward, you should consider applying for a lawful development certificate. This can be useful for anyone undertaking work under permitted development – it can be useful if you come to sell your property as there will be no quibbling over whether the work is compliant or not. It is a definitive opinion provided by the local authority whether your proposed development / change of use is lawful under permitted development rights. Opinions provided informally by local authorities as part of the pre-application process do not carry the same weight therefore you should not necessarily rely on them.

How can I find out if these limitations apply?

Contact the planning department at your local authority for more details. If it is unclear where you stand, getting advice from a planning consultant, such as Apex Planning, could be invaluable. We can not only advise you whether a proposal can be completed under permitted development rights, where a proposal is not compliant we can suggest amendments to ensure it is, and if ‘limitations’ are in place we can advise you how to prepare the requisite planning application for permission from the local authority.

If you would like to discuss your own planning project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post Do I always need Planning Permission? appeared first on Apex Planning.

Planning permission is there to ensure that inappropriate development does not take place. It applies to everything from extensions to residential homes, change of use for business properties right up to new housing, leisure, industrial, commercial, energy and some agricultural developments.

If you are renovating or remodelling and plan to change, for example, a garage into an office, move windows and doors or add a single-storey extension of a certain size, you may only need to do this under the auspices of permitted development (we will look at this next month).

What is planning permission and why do I need it?

Outline planning permission gives you permission, in principle, to build, for example a house, which is then subject to certain conditions and a need to agree explicit details. An applicant can decide that some matters of detail should be agreed as part of the Outline application and others can be ‘reserved’ for a later date, meaning you can choose whether to ask the Council to approve those relating to Access, Appearance, Landscaping, Layout and Scale as part of the Outline application or not. However, the requirements for gaining Outline permission can still be quite detailed, so developers sometimes choose to go straight for Full planning permission, which will include the exact design and all other details of a development.

If you fail to get planning permission and go ahead with your project, whilst not advisable, it may be possible to get retrospective permission, but it is a risky strategy, which could cost you dearly. The retrospective / Section 73A planning application may be refused, and you could be forced to undo any modifications to an existing building or even demolish a new property.

Should you change a listed property without planning permission, you are at risk of a criminal prosecution, which could result in a fine – or even a prison sentence.

Who grants planning permission?

Planning permission is granted by the local authority – the district / borough council, although neighbours, parish and county councils will also be able to have their input on the matter before a decision is made. Should the decision go to appeal, an independent Planning Inspector will make the final decision.

These are some of the considerations local authorities consider when making a planning decision:

• Overlooking and/or loss of privacy
• Loss of light or overshadowing
• Parking
• Highway safety
• Traffic
• Noise
• Impact on listed building and Conservation Area (i.e. Heritage assets)
• Layout and density of building
• Design, appearance and materials
• Government guidance and Council planning policy
• Previous planning decisions
• Nature conservation

If there are no objections and the proposal accords with planning policy, the permission should normally be granted by council officers. If objections are made, the application might be called into a council planning committee for determination.

If it does go to a committee the applicant or their agent (a planning consultant such as Apex Planning Consultants for instance), will normally be able to address the committee – dependent on the individual Council you are generally given a maximum of three-five minutes to state your case!

Who should be involved in preparing a planning application?

Dependent on the location, the scale and type of development, planning policies and the Council’s own requirements, it is possible that several different consultants will be required to prepare and submit your planning application. They could include an architect, highway consultant, flood risk engineer, heritage consultant, ecologist, planning consultant etc. By liaising early with a planning consultant, you can learn who needs to be involved and the cost implications.

How long should it take to decide whether to grant permission?

Local authorities are supposed to make a decision within 8 to 13 weeks of the planning application and fee being received, dependent on whether it is a minor or major application. The target determination date for a householder application is generally 8 weeks.

You will see a notice posted outside or near to the address of the application site with an invitation for neighbours to make any comments / objections / support by a certain deadline. This public consultation period is for a minimum of 21 days, although Councils should still take representations submitted after this time into consideration if the application has yet to be determined. Some statutory consultees include the Highway Authority and Environment Agency will also be notified.

Once you are granted permission, it usually lasts for three years – work must be started, but not necessarily completed, within this time.

What if planning permission is refused?

If your application is refused, you can choose to amend your plans and resubmit, or you can opt to make an appeal to the Planning Inspectorate.

How much does applying for planning permission cost?

The fee varies depending on what sort of development you are planning – for instance, if you are applying to build a single dwelling, the application fee in England is £462. Scotland, Wales and Northern Ireland have their own fee scales. To apply for an extension will cost you £206. If you ask for pre-application advice from the Council, this is subject to a different scale of fees that are decided by the individual local planning authority.

Do I need a planning consultant?

If you are planning on buying a plot of land and building a house, it may well be worth your while, as a planning consultant’s advice could prevent you buying the wrong plot in the wrong place. They can advise you about the likelihood of gaining planning permission for your development and how to go about preparing / submitting the planning application. They can also be especially useful if you live in an area where planning permission is not straightforward – an AONB, for example, or a Conservation Area.

If you would like to discuss this subject or your own project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post How Does Planning Permission Work? appeared first on Apex Planning.

Did you submit a response to the consultation draft NPPF? Then look to the end of July, when the revised National Planning Policy Framework (NPPF), is expected to be published, to see if the Government listened to you.

The NPPF is expected to address a number of key issues raised through consultation responses:

1. Green Belt land protection and release for development – the Government must demonstrate its continued support for the protection of the Green Belt, but also be realistic about the value of some land that is currently designated and which may no longer satisfy the objectives of such land. There is also a need to meet the competing demand where some local planning authorities cannot meet their own housing land requirements without the release of some Green Belt land. For instance, a letter organised by Siobhain McDonagh MP and more than 50 signatories (planners and non-planners) suggests there should be a presumption in favour of development on land within one kilometre of a train station providing access to London’s Zone 1 in less than 45 minutes, whether part of the Green Belt or not.
2. The definition of affordable housing – this includes social rented housing and affordable rented housing merged into one definition of ‘affordable housing for rent’. The consultation indicated a significant shift towards housing for sale, rather than for rent, and reference to the inclusion of discounted market sales housing and starter homes as affordable housing. These combined are likely to be welcomed by developers, but it could spell further problems for those who are unable to afford to buy a property and are reliant on social rented housing.
3. A standard methodology for assessing housing need – this would be used to determine the minimum number of homes needed in strategic plans, “unless there are exceptional circumstances that justify an alternative approach which also reflects current and future demographic trends and market signals”. In establishing the figure, it adds, “any needs that cannot be met within neighbouring areas should also be taken into account”. Details of the methodology are to be set out in revised guidance.
4. The requirement for 20% of housing need to come forward through small sites of less than 0.5 hectares – this is great news for SME house builders and could see increases in the delivery of housing sites. However, it could cause headaches for LPA planners who, with limited resources, will need to try to identify sufficient sites, while addressing residents’ objections and concerns (NIMBY) and subject to housing proposals, and political interference, too.
5. Planning authorities will have six months from publication of the new NPPF to submit local plans for examination under the old framework – this will be a struggle for those LPAs that are far behind the curve, have resource issues and long-standing problems juggling land constraints (Green Belt, AONB etc). However, the emphasis on the creation of a Local Plan will be welcomed by developers seeking clarity.

Some commentators have suggested that James Brokenshire, the new Secretary of State for Housing, Communities and Local Government, is viewed as a safe pair of hands in Government circles and will not rock the boat, however, it is possible that the consultation draft NPPF already started to do that and he should be prepared to man the pumps. Of course, he arguably has the support of others in Government, notably Dominic Raab (Housing Minister) and Gavin Barwell (the former Housing Minister and now Theresa May’s Chief of Staff).

But there is such a strong demand for change and clarity, as well as progress, particularly in 5YHLS (five year housing land supply) calculations and the adoption of Local Plans, that if the revised NPPF does not deliver, the outcry in the planning and development industry could be deafening. On the other hand it could be a truly welcomed document that delivers stability which, because of the aforementioned appeals, High Court and Supreme Court decisions and Written Ministerial Statements, has been lacking for a long time.

So if you submitted a response to the consultation draft NPPF by 10 May, keep your fingers crossed that the Government listens to you, and sticks to its apparent urgent end of July publication date so that you get your new-found clarity.

If you would like to discuss this subject or your own project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post Everything will become clear this summer with the new NPPF appeared first on Apex Planning.

Recent changes within the Government could have seismic consequences, even when they appear at first to be seemingly unrelated to planning and development.

For instance, after Sajid Javid’s promotion to Home Secretary we have a new Secretary of State for Housing, Communities and Local Government, James Brokenshire. He quickly made his mark answering questions in the House of Commons within hours of his appointment and issuing statements to endorse why he is qualified, highlighting his father’s former role as Council Chief Executive, suggesting this means ‘local government is in his blood’.

Perhaps we should welcome his experience from his former role as Secretary of State for Northern Ireland, and the politics and need for negotiation it involves. Indeed, it is these types of skills that will almost certainly be required in the coming months as we brace ourselves for more change in the planning system.

On the horizon is the revised National Planning Policy Framework (NPPF), which is expected by the end of July. We are told that the consultation on the draft version has generated more than 27,000 responses and, leaving aside apparent multiple submissions from campaign group members – including 5,000 duplicate responses calling for better protection for veteran trees – there remains an awful lot of work to be done.

The Government not only needs to appraise all the responses but also to weigh up those that compete and even suggest alternative approaches. If the revised NPPF is truly going to reflect industry advice for improvements to the plan-making and decision-taking processes, the review of the consultation responses should be properly considered, avoiding simply trying to meet a target imposed by the Government. The fact that Steve Quartermain (Chief Planner for the Ministry of Housing, Communities and Local Government) is only giving himself four to six weeks from the consultation’s May 10 deadline could be considered both ambitious and worrying.

The end of July publication date will be something for James Brokenshire to fanfare, while still relatively new to his position at the Ministry for Housing, Communities and Local Government (MHCLG). It remains to be seen whether it will prove to be a source of pride or a noose around his neck.

Since March 2012 when the current NPPF was published, the planning system has changed. The interpretation of the wording of the NPPF has evolved as a result of numerous planning appeals, High Court and Supreme Court decisions, and Written Ministerial Statements. The result is that we do actually need the revised NPPF to incorporate these new influences and ensure we have a comprehensive and current document from which to work. This places pressure on James Brokenshire to get it right first time and to factor any new thinking on the horizon into the finished article.

Some of the biggest areas that the revised NPPF is expected to address include:

1. Green Belt land protection and release for development.
2. The definition of affordable housing – this includes social rented housing and affordable rented housing merged into one definition of ‘affordable housing for rent’.
3. A standard methodology for assessing housing need – would be used to determine the minimum number of homes needed in strategic plans.
4. 20% of housing need to come forward through small sites of under 0.5 hectares.
5. Planning authorities will have six months from publication of the new National Planning Policy Framework (NPPF) to submit local plans for examination under the old framework.

Saying all that, given the number of representations received to the draft NPPF and the relatively short time the Government has given itself to review them, coupled with the fact that for development control purposes the policies in the revised NPPF will have immediate effect, perhaps it is as well if there are few surprises in the final version.

We will look at these in more detail in the coming weeks.

If you submitted a response to the consultation draft NPPF by May 10, keep your fingers crossed the Government listens to you, and sticks to its apparent urgent end of July publication date so that you get your new-found clarity.

If you would like to discuss this subject or your own project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post The butterfly effect of government changes appeared first on Apex Planning.

The increase of cars on our roads has changed the places we live in. Just take a look at a road lined with Victorian terraces – not a driveway in sight – and compare it with modern housing estates, with drives instead of gardens and allocated bays aplenty.

New technology

The significant advances in vehicle technology, such as self-driving cars, have implications for the way we drive of course, however, it is possible that these changes will also have a wider impact on the planning system, as we explore below.

Research expects that by 2030 15% of cars could be fully autonomous. Self-driving cars have the potential to save actual journey time, as human error and associated accidents are reduced. In turn this will also have a direct effect on the number of deaths on our roads.

Not only that, but self-driving cars will also allow for greater productivity as commuters will be able to work within the vehicle – as they can on a train – which will have a positive effect on national and global economies.

It is widely believed that petrol and diesel cars will gradually disappear. Norway, for instance, has put a ban in place from 2025, so we can expect a rapid growth in the sale and use of electric cars. The research also anticipates a growth in car sharing – many vehicle manufacturers are already known to have invested heavily in ride-hailing start-ups such as Lyft, Chariot and Gett.

Positive impact

The implications of these developments are far reaching: a significant reduction in fatalities will not only be positive for health care services, which are already under pressure, but it could also result in a larger and ageing population, which will bring its own issues. It will mean larger populations and more demand for housing – but if car sharing becomes widespread there will be a reduction in individual car ownership. The demand for space to park one’s car will fall, allowing for higher density or at least the more efficient use of land for housing. This will change the appearance of housing developments and even the streets that our homes front onto, with fewer cars parked on the roads.

In turn, this could lead to quieter, greener streets that are conducive to better-quality living, where children can play as past generations did right outside their home. A higher density of development could also result in larger areas of open space being planned as part of large-scale developments, enhancing the quality of life for residents.

The more efficient use of electric cars and car-sharing will also be a positive move for the environment. Fewer pollutants from diesel and petrol will help us get closer to achieving targets to prevent global warming, although clearly we need to plan for the supply of increased electricity. Currently in the UK we have advocated solar panels on homes, agricultural buildings and businesses through the relaxation of permitted development rights –  we have also invested heavily in wind farms both on and off-shore –  but the national appetite and policy seems to be in a constant state of flux, making it hard for investors to move forward with any confidence. There has also been some investment in tidal energy and Government commitment to nuclear power plants, but again without clear signs of any conviction. This is something we need to plan for and invest in – what is needed is a national consensus and clear direction from Government.

What will it mean for planning?

Therefore, from the investment in one (car) industry and its advances in technology, we can see that there are significant implications for planning in this country and around the world. The timeframe for some of the advances has already been reached, with others just around the corner. It seems now is the time to start actively planning on local and national scales for this, which means more than just HS2 and Oxford-Milton Keynes-Cambridge growth and transport corridors. Hopefully this message has already been heard in the corridors of power.

If you would like to discuss this subject or your own project with us, or just find out more about what we do, please continue to browse the website or drop us an email to: info@apexplanning.co.uk without obligation.

The post A greener and more pleasant land appeared first on Apex Planning.