Planning Portal Blog

The Department for Communities and Local Government has announced changes to the guidance on the vacant building credit (VBC) regime initially introduced in November last year.

The changes confirm that the intention of the VBC is to act as an incentive for brownfield development on sites containing vacant buildings and that it can operate with respect to either the number of affordable housing units or the amount of a financial contribution towards affordable housing.

The revised guidance makes it clear that the regime provides an element of discretion for local planning authorities (LPAs) over the way VBC is applied.

This means that LPAs can consider whether the building was made vacant for the sole purpose of redevelopment and whether the building was already covered by an existing or recently expired planning permission for a development similar what is now proposed.

The updated advice also sets out the detailed procedure for determining the VBC where there are changes in the gross floor space of vacant buildings on the site, which affect the amount of affordable housing contribution.

When the guidance was originally published some local authorities, particularly in London, opposed the principle of the initiative on the basis that it would significantly reduce the level of affordable housing contributions.

Some local authorities are considering introducing local planning policies to mitigate the impact or establish a local VBC exemption.

George Wilson of planning law specialists Pinsent Masons said: “These changes go some way to alleviating concerns local authorities had when the vacant building credit was first introduced by the Government, but not entirely.

“The amendments provide some flexibility and discretion for the local authorities in the way in which they apply the VBC and in considering whether the VBC would be applied, to encourage genuinely vacant, brownfield sites into use, as is the intention for which the credit was introduced.

“Although the changes have largely been welcomed, we would not be surprised to see further authorities try and introduce blanket exemptions for the credit in their areas and further ‘clarifications’ to the guidance issued,” he said.

View the guidance on the Vacant Building Credit

Roger Milne

PINS confirms appeal delays

The Planning Inspectorate has confirmed that staff shortages at the organisation have led to delays of up to 10 weeks to validate planning and householder appeals. For some inquiry categories this means decisions may take 12 months or thereabouts.

The admission of problems has been posted on the Planning Portal. The post says: “We apologise for the delay and are taking measures to address this. We would like to thank you for your understanding and patience during this period.

“When your appeal has been confirmed as valid we will then issue a start date letter giving details of the timetable for the appeal.”

According the latest appeal handling times published by PINS, the worst affected categories appear to involve enforcement appeal inquires, listed building/conservation area consent appeals considered by written representations and appeals involving lawful development certificates.

PINS advised it was recruiting more staff to deal with the growing backlog.

View the appeal handling time statistics

 

Hampshire 2,400-homes scheme makes waves

The largest ever planning application submitted to East Hampshire District Council is being determined by the planning authority this week.

The application proposes to transform the Army site at Whitehill & Bordon with 2,400 new homes and a new town centre.

The planning application, submitted by the Defence Infrastructure Organisation (DIO) which is the property arm of the Ministry of Defence, outlines how the area could be transformed with new shops, offices, cafes, restaurants, a food store, a swimming pool in a new leisure centre, new schools and sports pitches.

Plans also include proposals for new a new cycling route, footpaths, public open space, car parking, children’s play areas, multi-use games areas, a BMX or skate park, allotments and landscaping. In addition there are also proposals for the southern section of the new relief road which will link to the A325.

View the planning application in detail

 

Report charts office to residential conversion activity

Research by commercial property consultancy Lambert Smith Hampton (LSH) has revealed that more than 11 million square feet of office space has switched use since changes to permitted development rights (PDR) in England made the move to residential much easier as no planning permission was required.

Although much of the activity has been in the English capital, particular in outer London boroughs like Croydon and Sutton, there has been substantial activity in the regional markets the consultancy tracks outside London.

The consultancy has reported that there around eight million square feet of office stock has left the commercial market since May 2013, when the changes to the PDR kicked-in.

Some 4.7 million square feet of commercial floor space changed use in 2014 with Bristol proving a “hot spot” with over one million square feet changing use since 2013, and 800 000 square feet in 2014 alone.

Commuter locations around London have also been popular. In Slough, for instance, some six per cent of office floor space has gone for residential while the so-called Hertfordshire markets – including Watford, St Albans and Hemel Hempstead – have collectively lost around 900,000 square feet of office since 2013.

View further details of the research

 

Stroud retail saga latest

The planning saga over proposals for a new supermarket at Stroud took a surprise turn last week when the district council’s development control committee considered three plans for out-of-town supermarkets: Asda at Daniels industrial estate on Bath Road, a potential Lidl on Stroud Metals site at Dudbridge, and a third supermarket at Brunsdon’s Yard, Ryeford.

Planning officers had recommended that the Asda scheme should go ahead and the other two should be rejected.

However, councillors defied this advice and approved the proposal for the Dudbridge site, which Lidl has expressed interest in but which has flooding issues.

The decision had been delayed since September to allow a fourth proposal to be developed – a town centre supermarket on the site of the Market Tavern pub and Cornhill.

The landowner of that site, Setminds Ltd, has said it has been in discussion with Marks and Spencer but no planning application has been submitted for the site.

 

North Wales power link consent move

The Planning Inspectorate has accepted for examination for development consent proposals from power distribution company SP Manweb for a scheme to connect four new wind farms in North Wales to an existing electricity substation at St Asaph.

Like the latter facility, all the wind farms in question are located in Denbighshire. The scheme involves some 17 kilometres of overhead line carried on wooden poles, which will be around 15 metres in height.

The planned wind farms are Clocaenog Forest (developed by RWE npower renewables), Brenig (Brenig Wind Ltd), Nant Bach (Vattenfall) and Derwydd Bach (Tegni).

View details on the National Infrastructure Planning website

 

Underground freight delivery trial for Northampton

A study to see whether underground freight deliveries could become reality in the UK is to be carried out in Northampton.

A Government grant will allow Cambridgeshire company Mole Solutions to see whether its magnet and track-based system could work in urban areas.

The firm’s technical director Stuart Prosser said: “We’re going to use Northampton as a bit of an exemplar.

“They have some issues with air pollution and distribution of goods and they want to see if there’s other ways of doing it, rather than just using the traditional ways between the M1, the A14 and into the city centre.”

The “mole” concept involves propelling bulk goods through pipelines powered by magnetic waves. The company said the system could work unmanned in pipes laid beside or under existing transport infrastructure.

View the Mole Solutions press release

 

Tallest residential tower waved through by Boris

London Mayor Boris Johnson has decided not to intervene over proposals for a 215-metre high residential tower, the UK’s tallest, proposed for Marsh Wall near Canary Wharf on the Isle of Dogs in east London.

The scheme, known as South Quay Plaza will provide 888 flats, 188 of which will be affordable, was approved by Tower Hamlets Council last November.

Designed by Foster & Partners, the scheme comprises a 68-storey tower and a smaller 36-storey structure. There will also be ground-floor commercial units, car parking and landscaping. Three existing commercial buildings will be demolished. Changes from the original planning application include a reduction in the height of the tallest building from 73 storeys to 68.

Visit the South Quay Plaza website

 

Revised Plymouth regeneration master plan approved

An updated master plan setting out future phases in the transformation of Millbay – one of the largest regeneration projects in the south of England – has been approved by Plymouth’s planners.

Millbay’s lead developer English Cities Fund (ECf) submitted the outline planning application for the regeneration area to update and replace the current master plan, which was granted outline planning permission by Plymouth City Council in 2008.

Focussed around the historic former docks built by the Victorian engineer Isambard Kingdom Brunel, the Millbay scheme offers residential, leisure, business and retail development, as well as public spaces and direct access to the waterfront.

The revised outline planning application involves up to 600 new homes, 12,500 square metres of offices and 8,600 square metres of retail/ leisure space, a hotel and a multi-storey car park together with associated engineering works, highway improvements, public realm and landscaping.

Visit the Millbay website

 

Luton cinema conversion blow

Proposals to partially convert an iconic art deco cinema into a church have been rejected by Luton Borough Council.

It had received a planning application to refurbish the front section of the ABC cinema in George Street, which would have been sublet to a Pentecostal church.

Applicants Fenton Property Management indicated that the old cinema’s screens would have been left untouched and sealed off from the rest of the building.

A council spokesperson said: “It is considered that the granting of a temporary consent for use of the site for a place of worship would not facilitate the redevelopment of this prominent site within the central shopping area as the predominant activities of a use of this kind would take place outside the core shopping and leisure times and therefore it fails to contribute to the regeneration of the town centre in the short term.”

 

Ipswich screen boost

A new 16-screen cinema looks set to be built in Ipswich’s Buttermarket centre alongside proposals for six new restaurants and a gym.

The new owners of the shopping centre, Capital and Regional, who are in partnership with the Drum Property Group, have applied to Ipswich Borough Council to amend the planning consent that was granted two years ago for Vue Cinemas to create a nine-screen multiplex in the centre.

That scheme fell by the wayside after Vue was unable to press ahead with the project and the centre was sold.

 

House builder says election is slowing down new home approvals

Persimmon Group Chairman Nicholas Wrigley has highlighted “increasing difficulties” in obtaining planning consents for sites as May’s General Election approaches.

In a trading update, Wrigley said: “while we would expect such delays to be short term in nature, they are hindering the expansion in the number of active outlets required by the house-building industry to support an increase in the volume of newly built homes delivered to the market.”

View the full Persimmon PLC trading update

 

Tewkesbury mulls premature site work

Tewkesbury Borough Council has confirmed it is investigating reports that house-builder Redrow Homes has jumped the gun on preliminary site work for a proposed residential development of more than 300 dwellings at Leckhampton Gloucestershire for which it has not yet obtained planning approval.

 

Beech tree is the tops

A beech tree on the South Downs has been named the tallest native tree in Britain. The 44-metre tree has been growing in Newtimber Woods on the National Trust’s Devil’s Dyke Estate in West Sussex.

The tree thought to be almost 200 years old was found to be the tallest by Owen Johnson from the Tree Register.

A 61-metre Douglas fir, in Cragside, Northumberland, holds the title of the tallest non-native species in Britain.

 

Roger Milne

The two biggest UK political parties published their 2015 Election manifestos this week with housing supply pledges centre stage from both the Conservatives and Labour.

The former formally committed to 200,000 new starter homes built on brownfield sites by 2020 as well as 275,000 additional affordable homes by the same date.

Labour promised that at least 200,000 new homes a year are built by 2020 and committed to a new generation of garden cities. It also said it would implement all the recommendations of the Lyons Commission.

 

The Conservatives pledged support for “locally-led garden cities and towns in places where communities want them, such as Ebbsfleet and Bicester. It would also extend right to buy provisions to Houisng Association dwellings.

The manifesto states: “We will fund the replacement of properties sold under the extended Right to Buy by requiring local authorities to manage their housing assets more efficiently, with the most expensive properties sold off and replaced as they fall vacant. We will also create a Brownfield Fund to unlock homes on brownfield land for additional housing.

Its manifesto added: “When new homes are granted planning permission, we will make sure local communities know up-front that necessary infrastructure such as schools and roads will be provided. We will ensure that brownfield land is used as much as possible for new development.

“We will require local authorities to have a register of what is available, and ensure that 90 per cent brownfield sites have planning permission for housing by 2020.”

Much of Conservative manifesto confirmed promises made recently by the Coalition on new road spending, flood protection, new railways particularly in the north of England as part of the Northern Powerhouse initiative and a London Land Commission. Crossrail 2 was formally backed.

Labour is promising to give local communities “more power to shape their high streets, and

so preserve their local identities”. Communities will be able to review betting shop licenses in their area and reduce the number of fixed-odds betting terminals in existing betting shops – or ban them entirely – in response to local concerns.

Labour has also promised an English Devolution Act, handing £30bn of resources and powers English city and county regions and a new Infrastructure Commission to prioritise investment in flood prevention. It has confirmed it backs a “value for money” HS2.

 

The Conservatives will strengthen the Community Right to Bid regime and promised over the next five years “to put in place stronger protections for our natural landscapes, establish a new Blue Belt to safeguard precious marine habitats, and launch a programme of pocket parks in towns and cities”.

It also confirmed its stance on onshore wind farms which will mean an end to the subsidy regime and a legal change “so that local people have the final say on wind farm applications”.

 

(We will review the planning-related pledges of other major political parties in subsequent weeks.)

 

Roger Milne

Construction of examples of National Grid’s new T-pylon has begun at the company’s training academy in Nottinghamshire.

The building of the training line of pylons will be the first opportunity to see the new design in the landscape.

The T-pylon was the winner of an international design competition to look for a 21^st century design to carry high voltage overhead lines. The winning design from Bystrup, the Danish architects and engineering company, is 35 metres high – up to one third lower than the conventional steel lattice pylon.

A span of six of the new T-pylons will be built at the training academy. The different pylons all have a different function.

They include the standard suspension pylon that is designed to carry the cables in a straight line. Two suspension pylons will be built at Eakring.

Also in the mix is a D30 pylon which can allow for the greater pressure and weight of turning the cables at an angle of up to 30 degrees.

In addition a F10 flying angle suspension pylon which can allow a turn of up to 10 degrees – the first time such a pylon has been used in the UK- is being set up.

David Wright, director of electricity transmission asset management at National Grid said: “We developed the new style of pylon so that we could have a 21^st century design to offer as we plan new transmission routes.

“The T-pylon is not a replacement for the steel lattice pylon but it’s a new option and in some landscapes its shorter height and sleeker appearance can offer real advantages.”

Learn more on the National Grid’s website.

 

Roger Milne

Glasgow-based Development Finance Ltd has launched a new finance product which is targeting the new permitted development regime in England, which allows the conversion of redundant agricultural buildings into housing without the need for a planning application.

While there are still planning procedures and regulations that must be met, such as noise impact, flooding risks etc, the new regime allows disused buildings of up to 450 square metres to be converted into a maximum of three residential units.

David Levitus, director of Development Finance Ltd explained “we have had an increasing amount of enquiries regarding development funding to convert farm buildings such as barns, sheds and byres which are no longer suited to modern agriculture”.

The company has created a brand new product – Permitted Development Loans. Levitus added: “This type of development finance is pretty specialised so we have launched a bespoke loan package that takes our clients through the lending and development process.”

Under the current arrangements the converted properties must be occupied by 30 May next year.

Development Finance Ltd confirmed it is being approached by increasing numbers of farmers and owners of derelict rural properties. The firm is also prepared to provide advice on reputable builders and development partners.

 

Roger Milne

Westminster City Council is considering legal action over the demolition of a pub in Maida Vale, west London, that was in line for listing. It was the last building left standing in its street during World War 2 bombings.

The council had rejected plans to pull down the Carlton Tavern in Carlton Vale in January. Developers CLTX Ltd proposed to remove the then existing building and replace it with a ground-floor pub and four upper floors comprising ten residential units.

This proposal was turned down by a planning sub-committee on January 13 because “the bulk, height and detailed design the new building would be detrimental to the view from the adjacent Maida Vale Conservation Area”.

A Westminster City Council spokesperson said: “The building’s demolition required the city council’s prior approval and as no such approval was sought or obtained, the city council will be seeking legal advice concerning whether any future action is legally possible.

“The demolition of the Carlton Tavern remains under active investigation and the council is considering all of its options at this stage.”

Historic England, the government’s heritage advisor, confirmed the pub was being considered for listing.

Westminster councilor Jan Prendergast said: “This came as a shock to everyone. There was no prior warning to the council, no approvals and no proper health and safety procedures in place.”

 

Roger Milne

Key changes in relation to environmental impact assessments (EIAs) and, separately, s106s and the community infrastructure levy (CIL) have just come into force

An amendment to the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (‘EIA Regulations’) has raised the threshold for EIA screening and whether an environmental statement will be necessary.

Among the changes, the threshold for industrial estate development projects is raised from areas exceeding 0.5 hectares to areas exceeding five hectares while the threshold for residential development is upped from 0.5 hectares up to five hectares.

However, residential developments of more than 150 units require screening even if they fall below the five hectare mark. Meanwhile, the threshold for other urban development is raised from 0.5 hectares to five hectares.

There is no change over development in sensitive areas like National Parks, Areas of Outstanding Natural Beauty, Special Areas of Conservation, etc.

In the case of the CIL and s106 regimes the Government’s intention is to ensure that the vast majority of planning contributions are paid through the simplified CIL system rather than through individual s106 agreements.

From this month (April) there are restrictions on the pooling of planning obligations. Now, local authorities can no longer pool five s106 obligations together to pay for a single infrastructure project or type of infrastructure.

 

Roger Milne

Pickles gets tough on housing schemes in Q1 2015

Communities Secretary Eric Pickles has clamped down significantly on permissions for new housing during the first quarter of 2015, according to new research from property consultancy Bilfinger GVA.

This showed that between January and March this year the Secretary of State only allowed two schemes out of the 20 cases he determined.

This analysis indicated that 46 per cent of all Secretary of State refusals since the publication of the National Planning Policy Framework (NPPF) in 2012 were made during the first quarter of this year.

The schemes under consideration during the first quarter 2015 amounted to 9,655 new homes. The two schemes allowed made provision for 454 new dwellings, around five per cent of the total involved in the Pickles decisions.

Of the 18 schemes refused by Pickles, a third had been recommended for permission the inspectors who considered the public inquiries.

 

Home Counties “Dallas” concerns surface

Campaigners and planning authorities across some of the English Home Counties are bracing themselves for the possibility of a series of major environmental battles after an exploration company announced there could be up to 100 billion barrels of oil onshore beneath the South of England.

That prospect was highlighted by UK Oil & Gas Investments (UKOG) following analysis of a well drilled at Horse Hill, near Gatwick airport. The company suggests the local area could hold 158 million barrels of oil per square mile. However, UKOG acknowledged that only a fraction of the 100 billion total would be recovered.

UKOG’s chief executive Stephen Sanderson said: “We think we’ve found a very significant discovery here, probably the largest [onshore in the UK] in the last 30 years, and we think it has national significance.”

UKOG said the majority of the oil lay within the Upper Jurassic Kimmeridge formation at a depth of between 762 and 914 metres.

The company said further drilling and well testing would be needed to prove the initial results.

 

NPPF thumbs-down from developers

Developers believe the National Planning Policy Framework (NPPF) published three years ago has failed to improve the planning process, a new survey has found.

A survey of 49 chief executives and directors from developers and housing associations found that 52 per cent felt it has made no difference, 19 per cent said it inhibited homebuilding and 29 per cent believed it was helping.

The survey, by accountancy and business advisory firm BDO, also found that respondents saw the planning system as the biggest obstacle to building enough homes to meet demand.

In addition 94 per cent of those surveyed thought that reaching the Government target of 245,000 new homes per annum in the next two years was unrealistic.

 

Cheshire East buys more time for housing assessment

The planning inspector examining Cheshire East Council’s local plan has given the planning authority until the end of July to submit additional evidence on how it has assessed and how it will meet housing need in its area including in cooperation with neighbouring authorities.

 

Heritage concerns sees off north London homes

A planning inspector has dismissed an appeal by developer Fairview New Homes for a proposed development in north London over the adverse impact on heritage assets and the character of the surrounding area.

The proposed development involved the demolition of a pub which had been registered by Brent Council as an Asset of Community value (ACV) located in a conservation area.

The developer’s proposal was to erect a new tower, six to 10 storeys high which would include 53 apartments, a replacement pub and community uses.

 

London round-up

• Waltham Forest Council has finalised plans to build 2,000 new homes in five years in partnership with housing associations and private developers. This will include 50 per cent affordable housing and the creation of higher density, mixed communities. Of the 1,000 affordable homes, 400 will be at social rent level with the remaining 600 being a mixture of shared ownership and affordable rent.
• A joint report published by business body London First and law firm Berwin Leighton Paisner, London First has published a report which makes the case for legislation requiring all public bodies including councils to maintain an accurate, legible and searchable pan-London register of their land assets.
• A study by estate agent Stirling Ackroyd, which analysed all planning applications received and granted in London in 2014 and concluded that only 27,470 new homes were granted planning permission in the capital last year. The study also said that at this rate London would only achieve 65 per cent of the conurbation’s target under the London Plan.
• Hackney Council is east London has begun consultations on new conservation area proposals for Dalston town centre centred on Kingsland High Street and the extension of the existing Albion Square Conservation Area.

 

Green light for Hemel flats

Proposals for 207 flats, a third of which will be affordable, in the heart of Hemel Hempstead overlooking the River Gade have been given the green light by Dacorum Borough Council’s development control committee.

The development will form part of the regeneration plans taking place in the Gade Zone area of the town under an agreement between Dacorum Borough Council and its private sector partners – Endurance Estates and RG Carter.

 

Lake District mountain deal back in prospect

A community group that failed to buy a Lake District fell put up for sale last year has revealed that it is back in negotiation with landowner the Earl of Lonsdale over the purchase of Blencathra Mountain which had a price-tag of around £1.7m.

The group, called the Friends of Blencathra, reported that the Earl was now willing “in principle” to proceed to the next stage of a sale to the group.

Gravesham Borough Council has given the go-ahead for the redevelopment of South Ebbsfleet United’s football team’s stadium at Northfleet which is now part of the area administered by the recently established Ebbsfleet Devlopment Corporation.

Ambitious plans to modernise the National Zoo of Wales at Colwyn Bay in north Wales have been approved by Conwy Council. The zoo wants to build an alligator beach and tropical rainforest area as part of the Here Be Dragons! project. Also involved in the £6m makeover are proposals for a new world-class education centre.

 

Go-ahead for north east England tourism and culture projects

A multi-million pound project to help turn Auckland Castle into a major tourist attraction has been given the green light by Durham Council.

The £17m proposal to develop the castle will feature a two-storey annexe containing a museum which will house a 5,000 Years of Faith display, which will chart the history of the British Isles through faith and religion.

Meanwhile, details of a restoration of Middlesbrough’s 126-year-old town hall costing nearly £8m have been revealed.

The project will see parts of the Grade II listed building reopened to the public, including the Victorian courtroom, cells and fire station.

Plans also include a bar, restaurant with a glass atrium and a new community area, as well external lighting to illuminate the building at night.

 

Major homes project mooted for Northallerton

The developers behind a major new scheme for north Northallerton involving some 900 new homes have begun to consult on the scheme which also includes a new link road and bridge over the railway line.

Mulberry Homes, Persimmon Homes and Taylor Wimpey are conducting the consultation exercise before submitting a planning application to Hambleton District Council.

 

Student accommodation mooted for Shrewsbury prison makeover

Former prison cells could be turned into accommodation for 200 students under developers’ plans for HMP Shrewsbury, also known as The Dana, which was closed by the Ministry of Justice in March 2013 as part of plans to save £63m.

The Grade II-listed building was bought by the Trevor Osborne Property Group last year. It was responsible for turning Oxford prison into a hotel.

Plans for the prison, which dates back to 1877, also include offices and other accommodation on the three-acre, town centre site. Any proposals would still require planning permission.

The former prison’s future as possible student flats follows the creation of a new campus in the town last year.

University Centre Shrewsbury, set up in partnership with the University of Chester, is expected to welcome its first undergraduates in September.

 

Devon DIY homes

A group of Devon villagers have started building their own affordable “eco-homes”. Six detached houses with three or four bedrooms are being built in Broadhempston, near Totnes, by local families and couples.

The Broadhempston Community Land Trust was set up four years ago to enable local residents in need of housing to self-build affordable homes. The properties will be solar-heated and insulated with straw.

 

Legal round-up

• Wheelchair-bound Nick Allen has lost his High Court battle with Wiltshire Council to keep his disabled-friendly music studio open. He has now been ordered to demolish it by September. He had planning permission to rebuild a storage barn in Holt near Bradford on Avon, but it did not include conversion into a recording studio.
• The London Borough of Ealing has secured a £66,000 confiscation order against an individual who converted a property into three flats without planning permission in 2010. The west London local authority prosecuted Dragan Milinkovic, who owned the house in Cuckoo Dene, Hanwell, for failing to comply with an enforcement notice. As well as the confiscation order, Judge Donne QC at Harrow Crown Court fined Milinkovic £2,700 and ordered him to pay Ealing’s costs of £4,762 plus a victim surcharge.

 

Roger Milne