The Local Government Ombudsman (LGO) has insisted that planning committees should record the reasons for their decisions clearly, particularly when their result conflicts with officers’ recommendations.
The watchdog stressed that decision making should be as open and transparent as possible, particularly in the face of public opposition.
The LGO has reported that this was not the case in a recent investigation involving Erewash Borough Council in Derbyshire.
Neighbours complained to the LGO about the way the council approved an application for a development on green belt land near their homes. They made a number of complaints, including that the initial application was not advertised properly, and that members did not give any reasons for granting the proposed extensions planning permission. The LGO upheld some of the complaints.
The application was recommended for refusal because the proposed extensions were disproportionate to the size of the original building and would increase the building’s prominence.
The officer’s report to the committee included details of the neighbours’ objections and those of the local parish council along with representations from the applicant and his agent.
Following a site visit, members decided to approve the application against the officer’s recommendation. However, no record was made of the reasons for their decision.
The watchdog recommended that Erewash Borough Council apologise to the neighbours for failing to publicise the application as a departure from the local plan and for also not giving reasons for the decision to grant planning permission.
Roger Milne
Communities Secretary Greg Clark has allowed two free school projects, both for academies, against the recommendations of the inspectors who held the recovered inquiries.
Clark has granted prior approval to the Secretary of State for Education to allow the temporary use of Pioneer House in Stoke Poges, Buckinghamshire as a faith school to become permanent.
This was a redetermination. Clark’s predecessor Sir Eric Pickles had backed the scheme but his decision was overturned after a High Court challenge brought by the parish council and the local planning authority South Buckinghamshire District Council.
The main issue was noise nuisance. Clark’s decision letter concluded that the predicted external levels of noise would be “acceptable with regard to the relevant guidelines”. He said the internal noise levels “would not give rise to significant adverse impacts to health and quality of life”.
The Secretary of State has also granted planning permission and listed building consent to Route 39 Academy Trust and Willmott Dixon for a permanent new school at Steart Farm in Bideford, Devon.
The location is in the North Devon Coast area of outstanding natural beauty. The scheme was opposed by Torridge District Council and recommended for refusal by the inspector who held the inquiry.
Clark acknowledged that the proposals, including a new school building, breached AONB policies but concluded that there were “exceptional circumstances” which justified the project.
He decided that “the disadvantages to the public interest of the proposed development at Steart farm within the AONB are outweighed by the significant benefits of the school at the appeal site”.
Roger Milne
Peers have added their voice to those criticising current government policies as unlikely to meet demand for either the quantity or quality of new homes needed.
The Lords Select Committee on National Policy for the Built Environment has published a report which urged the government to appoint a chief built environment advisor to champion higher standards in the built environment across government departments.
The report also recommended that ministers should review the National Planning Policy Framework to make sure developers weren’t using financial viability “to play fast and loose with design quality and sustainability”.
Peers want the administration to publish a nationally consistent methodology for viability assessment.
The committee said the government should reconsider the proposal to include ‘starter homes’ within the definition of affordable housing since “starter homes cease to include any element of affordability after five years”.
Peers also wanted design reviews to be mandatory for all major planning applications.
Their report also made the case for planning departments to be better resourced. “Planning profession needs to rediscover the prestige planning once had,” said the peers and urged more proactive planning by local authorities.
Liverpool needs link to HS2 says report
A high speed rail link to HS2 for Liverpool is essential if the Chancellor’s decision to build a Northern Powerhouse is to succeed, according to a report from independent think tank ResPublica.
The report argued that northern cities need a dedicated high speed link to HS2 if they are to reach the level of economic success that the Chancellor wants.
It said Liverpool and other northern cities will be left behind if HS2 doesn’t go beyond favoured cities and locations.
The report claimed the cost of extending HS2 to Liverpool would be less than £3bn and suggested up to two thirds of the bill could be self-financed by the city region through the local retention of taxes.
ResPublica’s proposal would see a dedicated high speed rail line linking the Liverpool city region into the HS2 route to the north of Crewe, and connecting it to Manchester Airport and Manchester Piccadilly on high speed track.
This link would also be the westernmost branch of the planned east-west “HS3” or “TransNorth” route running from Liverpool to Hull and reconnecting the great cities of the north.
Green light for Goole employment and distribution hub
An employment and distribution hub at Goole offering around 200,000 square metres of floor space plus a 100 bed hotel has been approved by the East Riding of Yorkshire planning committee.
Yorkshire developers Sterling Capitol and the Homes and Communities Agency (HCA), advised by Indigo Planning, are involved in the project which could create up to 3,000 new jobs.
The proposed development comprises two elements:
- Goole36, a 39-hectare site which is being promoted by the HCA for direct development; and
- Capitol Park, a 13-hectare location controlled by Sterling Capitol and offering design and build development opportunities. It is close to the existing Tesco regional distribution centre, Drax biomass facility and the Guardian glass factory.
The site has direct access to junction 36 of the M62 and the Port of Goole, and sits within the Humber enterprise zone with potential for a dedicated rail link.
Major Welsh wind farm withdrawn by developer
Swedish power company Vattenfall has withdrawn its proposed 122.5-megawatt Mynydd Lluest y Graig wind farm in Powys from the planning regime for Nationally Significant Infrastructure Projects. The project had been registered for the pre-application stage of the NSIP process.
The company blamed “recent changes to planning policy” for its move. The Government is currently legislating to remove on-shore wind farms from the Planning Act 2008 (as amended) regime.
Read the letter from the developer.
Housing statistics published
There has been no change in owner occupation rates over the last two years, according to the latest English Housing Survey for 2014-15.
The survey published by the Department for Communities and Local Government highlighted that the rate of over-crowding remained low while under-occupation has increased and driven by the owner-occupier sector.
The overall rate of overcrowding in England in 2014-15 was three per cent, unchanged from 2013-14 with some 675,000 households living in overcrowded conditions.
Overall the energy efficiency of the English housing stock gas improved with average SAP rating of English dwellings now 61 points up from 45 points in 1996. The improvement was across all tenures.
The number of non-decent homes in England has continued to decline. In 2014 a fifth of dwellings failed to meet the decent homes standard, a reduction of 3.1 million homes since 2006 when 35 per cent of homes failed to meet the standard. The private rented sector has the highest proportion of non-decent homes (29 per cent).
Government consults on new London-only PD proposals
The government has begun consulting on three complementary ways to encourage more housing in London by allowing additional storeys on buildings.
The proposals are: a London-wide permitted development right, with a prior approval, for up to two additional storeys, up to the roofline of an adjoining building; specific planning policies in the London Plan to support upward extensions for new homes and boroughs making local development orders to grant planning permission to extend upwards for all or part of their area, or for particular types of buildings.
London round-up
- Tower Hamlets Council has approved proposals for what will be Europe’s tallest residential tower, a 67-storey skyscraper designed by architects HOK for a site overlooking West India Quay on the Isle of Dogs. The scheme will provide 861 new flats.
- Communities Secretary Greg Clark has accepted the recommendation of a planning inspector and allowed a recovered appeal for a 24-storey residential tower proposed by developer Essential Living for a site at Swiss Cottage that was originally refused by Camden Council. Clark concluded that the impact of the Theatre Square scheme on local conservation areas and heritage assets was outweighed by the housing benefits – including affordable homes provision.
- Lewisham Council is embroiled in a row with Millwall FC over plans to compulsory purchase land for the New Bermondsey regeneration scheme proposed for the area around the club’s stadium. The scheme safeguards the operation of the club and will provide new cladding for the stadium. The New Bermondsey project involves up to 2,400 new homes, a new London overground station and other community benefits.
Report blows cold on developer contribution scheme for NI affordable homes
Plans to require developers to contribute towards affordable housing provision is unrealistic for most of Northern Ireland according to a report commissioned by the Department for Social Development (DSD) and the Department of the Environment (DoE).
Researchers from Heriot Watt University and Three Dragons Consultancy concluded that introducing a scheme would not work given “current market conditions”.
The report argued that a scheme could be considered for greater Belfast but that “timing, percentage target and form of provision are best left to local decision makers”. Developer contribution schemes operate in the rest of the UK and in the Irish Republic.
Environment minister Mark H Durkan said: “My department’s strategic planning policy will continue to recognise the importance of social and affordable housing and encourage its provision through local development plans.”
Cruise terminal
A feasibility study for a new permanent cruise liner facility in Liverpool is to be undertaken, the city council has announced.
It has identified the former Princes Jetty at Princes Parade, close to the landing stage, as its preferred location and a potentially suitable site.
The council will appoint a consultancy next month to undertake a detailed study into the design and cost of constructing a terminal capable of handling 3,600 embarking and disembarking passengers with baggage – twice as many as the existing temporary facility at Princes Parade.
The site would include passport control, passenger lounge, café, toilets, taxi rank, vehicle pick up point, coach layover area and a car park.
Call for tech-savvy planning
Cities need to use better planning to attract the technology and advanced manufacturing (AM) sectors while avoiding the creation of “tech ghettos” that exacerbate social inequality, a new report from the RTPI has stressed.
The report highlighted concern that the presence of technology and AM sectors can lead to a two-speed economy and economic segregation.
The report stressed that policies and incentives that attract those sectors should be balanced by plans to ensure their growth is beneficial to the whole city or region.
Richard Blyth, RTPI’s head of policy, said: “The success of places like Horsham, Temple Quarter in Bristol and Dublin’s Docklands is proof that innovative hubs don’t just thrive by chance, they are also frequently the result of good planning”.
Teesside Mayoral Development Corporation proposed
Former Deputy Prime Minister Lord Heseltine has revealed plans for a new Mayoral Development Corporation – the first of its kind outside London.
This would target regeneration and local economic growth in the Tees Valley area with an initial focus on transforming the former SSI steelworks site at Redcar.
Work will start immediately to form the corporation. This will offer a vehicle for greater powers to be devolved in areas including regeneration planning and business support.
LGA voices starter home doubts
Discounted starter homes could be out of reach for the majority of families in need of an affordable home in many parts of the country, analysis released by the Local Government Association (LGA) has revealed.
The LGA acknowledged that the national starter homes scheme could help some people onto the housing ladder but that crucial details are yet to be confirmed.
The association is concerned the initiative will help the fewest numbers of people in areas where the housing affordability crisis is most acute and will be out of reach for many people in need of an affordable home in the majority of local areas.
Council leaders are calling for local flexibility on the number, type and quality of starter homes so that they meet the needs of local communities.
D-Day for Dorset footpath decision
The Environment Secretary has set Dorset County Council a deadline of July next year (2017) to decide whether it should modify its definitive map and statement of public rights of way and add a footpath from Weymouth to Castle Cove beach at Portland Harbour.
Campaigners had applied to the council for modification in October 2014 but it emerged that the council was unlikely to take a decision until 2019.
The Planning Inspectorate has sent a letter to campaigners which made it clear the Secretary State took the view that a period of 18 months should be allowed for the determination of the application.
Read the letter from the Planning Inspectorate.
Bristol surf scheme approved
Planning permission for re-designed engineering works for a multi-million pound surfing lake at Almondsbury near Bristol has been given the go-ahead by South Gloucestershire Council.
The Wave Bristol project is set to create one of the largest artificial waves for surfers in the world. As well as the lake the proposals include an adventure trail, swimming pool, and a camping area with 100 pitches.
Hampshire new town move
Fareham Borough Council has decided to seek a development partner for the Welborne scheme, a proposed new settlement of up to 6,000 new homes, 30 per cent of which will be affordable, earmarked for 400 hectares of land to the north of Fareham near the M27. A special meeting of the council executive also agreed to consider using compulsory purchase powers to expedite the project.
Coastal plans
Coastal community teams around England have submitted over 100 economic plans designed to boost growth and jobs.
Communities Secretary Greg Clark said the proposals demonstrated a wealth of creative and practical ideas. They include building a new history centre in Plymouth to redesigning the high street in Scarborough.
Court briefs
- A Wiltshire landowner has lost a Court of Appeal case over a 22 hectare solar farm located near his £3 million home. The Court of Appeal overturned an earlier High Court judgment which quashed permission for the scheme which has been built. Read the BBC news story.
- The owner of the George Tavern, a 600-year-old, Grade II listed pub and music venue in east London has won permission to pursue a legal challenge over the effect of new developments on established licensed premises to the Court of Appeal. The challenge relates to Swan Housing Association’s plans to build six flats next door to the pub, on the basis that noise complaints from future residents could pose a significant threat to the venue’s future. Read the news story.
- Wealden District Council has won a planning court challenge over a planning inspector’s grant of outline permission for a 103-dwelling development at Crowborough, East Sussex, on appeal. Read the news story.
- West Berkshire Council has accepted a High Court judgment dismissing its challenge over a planning inspector’s grant of planning permission on appeal for a residential development at Burghfield Common. Read more about the development.
Ministers have launched a rural planning review to reduce regulatory burdens in support of new homes, jobs and innovation. This initiative was signalled in last year’s Rural Productivity Plan.
A key element of this exercise centres on the rules for converting agricultural buildings to residential use. Following changes introduced in 2014 more than 2,000 agricultural buildings have been converted to homes.
The administration is interested in views over whether the current thresholds should be changed further. These limit change of use to a maximum of 450 square metres of floor space and up to three additional dwellings across the farm.
The administration has made it clear it is interested in how the permitted development rights in Part 6 of the Town and Country Planning (General Permitted Development) (England) Order 2015 are being used. Also of interest is how the planning system helps or hinders those developing farm shops, polytunnels and on-farm reservoirs.
Communities Secretary Greg Clark said: “The need for new homes doesn’t stop where our cities end, it’s just as real in rural towns and villages that need new house building to keep thriving.
“That’s why we are looking carefully at how our planning reforms can deliver this whilst at the same time ensuring local people have more control over planning and the Green Belt continues to be protected.”
Roger Milne
Current government policies designed to increase housing supply may not achieve that goal, top property consultancy Savills has warned.
The company has also highlighted that changes in affordable housing definition and policy are “likely to leave a gap in housing provision for those on lower incomes”.
A research note just published by the company pointed out that ‘Help to Buy’, ‘Starter Homes’ and shared ownership would largely serve the same parts of the market. “As a result of the overlap, there is a risk that the schemes may not deliver additional homes”
The assessment also argued there was a risk that the ‘Starter Homes’ policy could distort the new homes sales market, “without significantly increasing the number of new homes delivered overall”.
Savills added: “uncertainty surrounding the details of these schemes, including future affordable housing requirements alongside ‘Starter Homes’ makes the appraisal of land values a challenge.”
The note also questioned the impact on housing supply of the new focus of house building on first time buyers via the ‘Starter Homes’ initiative.
Savills’ researchers said: “Simply replacing homes which would have been delivered anyway through existing routes, namely in the open market via ‘Help to Buy’ or as affordable housing through s106 agreements, will not provide additional homes.
“In fact by narrowing the focus of house building to first time buyers we risk creating the reverse effect and reducing the number of new homes built”.
View the Savills policy response (pdf)
Roger Milne
The planning regime for so-called Nationally Significant Infrastructure Projects (NSIPs) has reached a key milestone with development consent for a power plant in King’s Lynn granted by Energy Secretary Amber Rudd.
The Palm Paper combined cycle gas turbine (CCGT) is the 50th scheme to be determined under the planning regime established by the Planning Act 2008 (as amended).
Under these arrangements projects are examined by the Planning inspectorate before determination by the relevant Secretary of State.
Steve Quartermain, Chief Executive of the Planning Inspectorate, said: “This is a significant milestone. Every application has met the statutory timescales laid down in the Planning Act 2008 for examination by the Inspectorate.
“This is a tremendous achievement for our inspectors and casework staff. The regime is a success as it has streamlined the decision making process for the major infrastructure that the country needs whilst ensuring proposals are properly and robustly examined and ensuring local people can have their say.”
Of the 50 projects examined by the Inspectorate, 31 were energy, 16 transport, two waste and one waste water developments.
Infrastructure planning expert Angus Walker from Bircham Dyson Bell noted that the 50th project was for a generation scheme mainly for the promoter’s own industrial processes.
“There was a bit of a disagreement between the inspector and Natural England on the assessment of effects on three Nature 2000 sites from air quality impacts.
“The former disagreed with the approach of both the latter and an ‘air quality technical advisory group’ of experts from Natural England, the Environment Agency and Natural Resources Wales.
“Nevertheless the government concluded that there was no significant effect on the sites from the project. I don’t think we’ve heard the last of the consequences of air quality impacts on projects.”
View the Bircham Dyson Bell news story
Roger Milne
West Lindsey District Council has begun consulting on a housing-led Local Development Order for an area alongside the River Trent at Gainsborough where it wants to see 450 new homes built. Also planned are shops, restaurants and cafés and leisure facilities and a riverside linear park.
The site is mostly vacant and has been disused for a number of years. An empty school has been specifically excluded from the LDO boundary to ensure it is excluded from demolition. A separate project has started to investigate the feasibility of converting the building into residential use.
The Homes and Communities Agency is working closely with the council on the LDO initiative. The council was selected as one of the Governments first flagship Housing Zones with the expectation to deliver some 750 new homes on brownfield sites.
A council statement stressed: “We will work with developers and the Government to deliver a range of new housing, making the most of the riverside location, focusing on 13 housing Zone sites between Gainsborough, Lea and Morton.
“We are also continuing to work with Lincolnshire County Council to establish the viability of delivering a marina for the town on adjacent land.”
View the article on the West Lindsey District Council website
Roger Milne
Communities Secretary Greg Clark has agreed with the recommendation of the inspector who held the recovered inquiry and allowed outline proposals for a development of 605 dwellings, 60 units of which would be within an extra care centre, at Money Hill, Ashby-de-la-Zouch, Leicestershire.
The scheme also included a primary school, a health centre, a community hall, neighbourhood retail use, public open space and flood attenuation areas on 43.6-hectares of undulating open farmland to the north-west of the town. The application had been refused by North West Leicestershire District Council which could demonstrate a five-year supply of housing land.
Clark agreed with the inspector that the development met the economic, social and environmental goals of the National Planning Policy Framework (NPPF) and would be a sustainable project.
He noted that the appellant had not disputed the council’s contention that they have a five year supply of housing land.
But the decision letter added “the Secretary of State agrees with the inspector that local planning authorities must also plan for housing supply beyond the five year period; that there is also a current national imperative to boost the supply of housing”.
Clark made it clear he also attached “significant weight” to the scheme’s provision of 605 homes of which up to 182 would be affordable.
View the recovered appeal: Money Hill, land north of Wood Street, Ashby-de-la-Zouch
Roger Milne
Outline plans for a village extension involving 120 new homes at Sayers Common in West Sussex originally refused by Mid-Sussex District Council have been rejected by Clark. He redetermined the proposals after a High Court challenge by the developer Woodcock Holdings quashed a refusal by Clark’s predecessor.
The SoS disagreed with the inspector’s recommendation that the scheme should be allowed. The SoS acknowledged that the scheme would provide much needed housing, 30 per cent of which would be affordable, but argued those benefits did not outweigh the fact that the proposals were in conflict with both the local plan and the adopted neighbourhood plan. He also cited harm to a Grade 11 listed building.
Roger Milne
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