Why use a Planning Consultant?

Yesterday was not unusual for this Planning Consultant.  12 hours apart two things happened. 

1009hrs

Last month I attended a planning committee. One case was astonishing, swinging one way then another, with speakers against, whilst the applicants speaker didn't turn up, although scheduled to do so. So undecided (or incapable) were committee of a decision that they deferred it for a rethink this month.  

I know those handling the application well  - not planning consultants - and took the liberty, unusually, of telling them of the extraordinary debate, pointing out risks and in true entrepreneurial style of course hinting that they suggest to their client appointing a planning consultant now.  They didn't... Until about 1009am yesterday.  

The morning of that next planning committee had arrived (they dont half come up quickly!). The objectors had seized on indecision in committee, appointed their own planning consultant and sent the entire committee that consultant's conclusions including 2 draft reasons for refusal (an astute move it must be said). 

I was instructed immediately by the agents to review these papers and look over the speech he was to deliver.  I had an hour to do it.  I added one paragraph and stressed the absolute importance of making sure the committee hear it. That should have been enough to ensure the balance went in favour of his client. The agent (perhaps unaccustomed to how quickly 3 minutes of public speaking passes) ran out of time before he could say it.  Its easily done but it shouldn't have been allowed to happen.  Objectors had the whip hand and the  application was refused against officer recommendation 8-6.  

2216hrs

A couple own forestry land. About 2 years ago a Council approved a very small building as permitted development (for the purposes of forestry).  Thinking they could use PD rights once more the couple built another small building as a shelter and tool store. The Council began to suspect (without any apparent reason) the use of the land had changed to 'a leisure plot' and that the newly erected building wasn't being used for forestry. After lots of paperwork, letters and meetings impasse was reached. An enforcement notice was served in May requiring demolition of the new building but making no allegation whatsoever of a change in use of the land. 

At that stage our advice was sought. Whilst quoting a reasonable fee we knew, because enforcement is complex, it wouldn't be attractive for the scale of  building involved. However after discussion we agreed to prepare an options and issues paper setting out choices they could, should and must (by our advice) take and referred them to useful parallel cases and things they ought to say.  They could then decide and proceed on their own understanding the issues and risk. An unusual instruction but one which suited client and budget.

The must part - to ensure they make a deemed application (Ground A appeal) - they didn't like, because they felt it undermined their previous entire case argued for months with the Council; i.e. that the building didn't require planning permission.

At precisely 2216 last night the couple texted me to say the appeal had been allowed (on Ground A), the enforcement notice is quashed and they can keep the building.  They are thrilled beyond words that their saga is over and that advice sought, given (and taken) worked.

That in a nutshell, ladies and gentleman,  is why you should use a planning consultant.

Updates: BREEAM and Sustainable Development White Paper.

In advance of the Sustainable Development Bill, the Welsh Government has issued its SD White Paper which offers a way forward that places sustainable development as the central organising principle of public service in Wales. It sets out how the WG proposes to embed the duty for sustainable development into governance and the route, through the forthcoming legislation, to implementation  including the creation of Sustainable Development Body.   The consultation is open until 4 March 2013.  

The Planning Division has also issued a policy clarification note which confirms the national planning   policy expectancy for sustainable building as follows:

• Applications received on or after 1st September 2009 for nonresidential development which will either have a floorspace of 1,000m² or more, or will be carried out on a site having an area of one hectare or more, to meet the Building Research Establishment Environmental Assessment Method (BREEAM) ‘Very Good’ standard and achieve 
• -  the mandatory credits for ‘Excellent’ under issue Ene1 – Reduction of CO2 Emissions where BREEAM 2008 applies to the development on registration under BREEAM;
• -  the equivalent credits for ‘Excellent’ from BREEAM 2008 (as set out in Annex 1) where BREEAM 2011 applies to the development on registration under BREEAM.

We note with interest that the letter continues to state the future of TAN22 'will be influenced' by the ongoing review of Building Regulations Part L.

Planning and Flood Risk

(c) www.bbc.co.uk

The truly awful images this week of flooding in  north Wales tell their very own picture and its hard to imagine how those affected must be feeling this weekend. 

Already calls for inquiries into why land flooded are mounting. The photo alongside shows flooding in Glasdir this week.

Planning in flood risk areas is understandably controversial. Developers (and Councils) have to go to considerable lengths to ensure risk is properly considered.  It may help to explain why below.

Welsh Government Development Advice Maps are used as the starting point for assessing flood risk.  The land in green is a so called C1 zone  served by significant infrastructure including flood defences. Glasdir lies within it.

Go briefly to TAN 15 - Development and Flood Risk and you will read that the precautionary approach it adopts permits, where a number of tests are met, residential development in a C1 Zone. 

Under TAN15 the development must pass a justification test and if justified, a consequences test.  Any application for housing in flood risk areas is always accompanied by a very detailed Flood Consequences Assessment using up-to-date data and modelling agreed with the Environment Agency.  

Although Glasdir was permitted before TAN15, it is unfair to compare it to the current test.  However, on face value if the same decision had to be made today - it seems it would be TAN15 compliant.

Thats not to say the land wont ever flood as we have seen this week - but the risk of and from flooding would have been properly considered and mitigation (for example new flood defences or drainage) will be part of the conditions attached to any permission.

Although the Welsh Government announced changes requiring "flood risk area development" to be notified to it to allow consideration of calling the application for a nationally made decision earlier this year,  it still wouldn't apply to flood zones such as at Glasdir.  
  

Planning and the economy

Follow the national press and you would read of the National Planning Policy Framework, relaxed planning rules, bonfires of bureaucracy and Growth Agenda coming from the PM and Chancellor.  In England of course.  

Planning is however, devolved in Wales with policy issued by the Welsh Government.  The key document at national level is Planning Policy Wales (PPW) which sets out national development control policies and wider policy direction and requirements. It is a material consideration in any decision on a planning application (and in allocating land for development in Local Development Plans).

The Welsh Government published a revised version of (PPW). including a new Chapter 7 on Economic Development a couple of weeks ago.  Stating the need for Councils to take a "positive and constructive" approach to applications for economic development, it also adopts a wider interpretation of types of economic development proposals  (e.g. including tourism uses) and requires the economic benefits of development to be considered at plan making and development management stages. 

Employment Land Reviews must be prepared to inform emerging Local Development Plans (and they must be kept under review) emphasising the importance of up-to-date evidence in decision making.   We wonder whether some LDP's already in progress may be slightly delayed because of the need for Inspectors to consider this.  Further guidance in the form of a Technical Advice Note is expected next year.

The Guidance reinforces the need for economic development in rural areas through both conversion and new build including on farm diversification schemes.

Overall the guidance emphasises the positive role the planning system must play in delivering economic growth in Wales.  We look forward to working with you to bring Wales out of recession.

Please contact us direct for further information and to discuss your requirements.

November News

Welcome to the first of what I intend to become regular posts.

November has brought much new business, with a number of instructions for commercial proposals along with the customary flow of appeals and paperwork that grace our business.

The Lloyds of Abergele (no relation) were delighted to return from holiday early in the month to news that we had won their appeal to extend their house after at least 2 or three previous attempts to get permission It was our intervention that lead to a revised strategy and success for the scheme they wanted in the first instance.

Back in September, Wrexham Council refused permission for the conversion of a clients vacant pub into 5 houses, despite a very firm recommendation to grant from officers. That's now at appeal and will keep you posted.

Was delighted to attend planning committee earlier this week where Mr Ireland's application to re-develop the former Dingle Garage site in Llandudno Junction was approved. The only downside was calling with the good news to be told the prospective purchasers had pulled out of a deal to buy the site with permission. Sure sign of the times and not helped I'm sure by the planning department being a little  slow getting it to a committee. I'll touch on this in my next post.

I'm  delighted to been recommended by a previous client and to have made contact with Union-Architecture.  Now working with them and the development team to present a Care Home application in Abergele. A tight schedule that demands a pre-Christmas application submission and a lot of work for all. Interestingly the site is on the North Wales Business Park, where our work for Spire HealthCare a couple of years ago led to the first non-B1 use permitted on the land and paved the way for other new employment uses.

In the next few days we'll be submitting proposals for a new clubhouse at the Silver Birch Golf Course near Colwyn Bay. The BR Architecture designed scheme is complete and well post some 3d visuals for you all to see shortly.

The public sector remains an area we undertake work and have recently secured two instructions to act at Appeal for Flintshire Council. We have a hearing in the middle of the month and have begun work  on a Public Inquiry which will take place in early 2013.

We use the planning portal for all our submissions as this speeds up application processes, cuts costs to you through electronic rather than paper-based document delivery. Clients directly benefit from reduced costs and  We are hoping to secure 'Smarter Planning' accreditation when that is rolled out shortly working with our various partners in development teams. Again will keep you posted

November has been a very busy time in the Welsh Assembly for planning and economic development. Hot on the heels of a new chapter 7 for Planning Policy Wales, was a general revision to reflect its duties to deliver sustainable development and then ministerial statement.  A Techncial Advice Note is to follow next year.

The main change is to take a much wider approach to economic development recognising how for example leisure, infrastructure or tourism development brings tangible economic benefits and that proper weight should be given to them as economic drivers as well as the more traditional business type classes. I expect we will see much more focus being given to economic benefits at appeals- the aim of course being to secure you permission without an appeal.

Well post an update on PPW very shortly.

Pete