Colwyn Bay Victoria Pier

We dont often  comment on local developments.  But as hot potatoes go this one is golden brown and crisp, still bubbling in the goose fat.  

To many it is a decaying lump detracting from work to regenerate Colwyn Bay, its waterfront and a drain on the public purse: it is in opposing views the  jewel in the crown, completing the renaissance of the bay with new community uses, gallery and tourist attraction.  

  

The resolution by Conwy CBC to seek de-listing then demolition of the pier yesterday is, for those with a general interest in planning and heritage at least, intriguing.

A Grade 2 listed building, its nationally significant and in Council ownership (noting that there is a pending appeal over that matter as yet unheard). 

The Planning (Listed Buildings and Conservation Areas) Act 1990 imposes a duty on the Minister to prepare a list of buildings of special architectural or historic interest and brings under statutory control  any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest.  If you want to do any of that you need Listed Buidling Consent. (LBC). 

Where the Council owns the building it requires direct application to and decision by the Minister, no doubt involving subsequent public inquiry.  

Yesterdays report and decision doesn't appear to have had any regard to the value of the heritage asset. It doesn't seek to question it and in fact infers (if in poor language) the S66 duty to have "special regard to the desirability of preserving" etc . How could it do much else given  resources already committed and early phase HLF bids?   So it has shot itself in the left foot.

The purpose of the report yesterday was to "To obtain the Council’s view whether to proceed with the Heritage Lottery Fund (HLF) ‘development phase grant’ (appendix 1). or consider and decide to adopt an alternative option regarding the future of the Victoria Pier (the pier), having properly balanced risk and regeneration need".   On its face that "balancing" exercise excludes any regard whatsoever to the S66 duty. Shot in the right foot.

The decision it appears was made on the grounds solely of cost-risk and uncertainty (to council tax payers) of the various options of doing nothing, partial repair or fully restoring/regenerating it and running it thereafter. Understandable concerns, not least as latest costings show full restoration could cost as much as £16m.    [Left kneecap] 

Hmmm, welcome to the real world of owning a listed building.  

De-listing a building once on the list appears to be an ethereal process not governed by the Act or the 2012 Regulations. Circular 61/96 provides 2 paragraphs of guidance (para's 58 and 59).  English Heritage offers a guidance note, but its applicability here in Wales is questionable.  The Minister will review the de-listing request in the light of new evidence - its in effect the reverse process of listing. From what we read, the latest evidence, e.g recently rediscovered Eric Ravilious murals, adds greater weight to the existing evidence perhaps even reinforcing the case for for listing. [Right kneecap]

But, and here is the very big but...  61/96 is very clear that any decision to de-list has to be based on new evidence and the "evidence must relate to the special architectural or historic interest ascribed to the building".  Circ 61/96 expressly clarifies the position where objection to listing is for example related to "a building's condition and the cost of repairing or maintaining it, or to plans for redevelopment".

It follows, in our view, that yesterdays resolution is that an request  de-list on the grounds the Council wishes to advance must fail.  The council appears not to have realised this. The only choice open is to apply for  LBC which triggers all the policy and statutory tests.  As a ball park we would imagine maybe £250k budget for an LBC application, public inquiry, judicial review/appeals and perhaps another 2 years of uncertainty before a decision is resolved. And quite how, given the evidence of suitable alternatives and interests will the tests for demolition be met? The bar is very high and we don't think the Council has realised yet. 

It also appears that no-one mentioned R (SAVE Britain's Heritage) v SSCLG & Others) even if de-listing could be secured. Nor were the cumulative effects of the various works on the waterfront mentioned, meaning EIA/ES mechanisms are likely to be triggered. 

Quite how all this reflects the perception of how differently the Council wishes to treat its own land and how it is seen to deal with others is, to put not too fine a point on it...  stark.

Keep looking folks this one has legs even if they are currently wounded.

Footnote

To respond to some of the queries received since posting. As stated at the start, we rarely comment on local matters. By definition we are often involved directly or peripherally in many locally. Last Thursdays resolution is intresting to us because of the rarity of and grounds upon which delisting can be sought. That's what we wanted to share that with you. 

Household Permitted Development: All Change here.

Monday (30th) sees the long awaited change in domestic Permitted Development Rights (PDR's) which move away from the long used "volume" based approach to an impact approach.  So if you haven't yet begun your works then we urge you to contact us for advice as the new Rules are very different to those they replace.

Broadly it follows the model introduced in England in 2008.  Applied with care and skill it will increase the amount by which you can extend your home compared to the rules it replaces but also contain some serious catches for things which might previously have been considered innocuous.

Things to watch out for...

• Interpretation of the Principle Elevation (and other elevations) - These dictate those areas of the house where you can extend without a formal permission subjects to limits and conditions.   
• The requirement that "materials used in the walls, roof or other element of any exterior work must so far as practicable match the appearance of the materials used in the majority of the equivalent element of the existing dwellinghouse" Condition A3(a). This is a seemingly much more restrictive approach than in the English version of the Order and we can see many a DC officer seeking a battle of wills over that one.  ("other element of any exterior work..."  a potential minefield).  
• Height limits and definitions for measuring height/eaves. 
• As applied in Class E (Garden buildings etc) the height limits are much more restrictive than the current Order. We foresee a lot of buildings in urban situations being caught where of necessity they are:
• within 2 metres of the boundary and over 2.5m high.
• within 2 metres of the dwelling and any part over 1.5m high.
• on sloping sites where the eaves height limit 2.5 metres will catch many buildings with useable head room. Unless of course you excavate. 
• Increased control in protected areas (Conservation areas, AONB, World Heritage Sites). No longer are roof-lights PD for example
• Clarification on decking and raised platforms (anything 300mm above ground level now needs permission).
• Welcome inclusion of PDR for External Wall Insulation.

We cant but help thinking the Welsh Government, in trying to remove some of the ambiguity (and flexibility) of the old Order and address some of the criticisms of the 2008 English version has opened up an even greater can of worms.  Our guess is that demands for planning applications for minor proposals previously exempt from control (roof lights/windows//decking/drives/garages) will  rocket.

Flintshire County Council has already announced that it will no longer respond to pre-application enquiries for householder development informally, directing us to the Lawful Development Certificate (LDC) approach. No other north Wales Authority has announced the same yet, but we suspect it will become more prevalent practice. 

We always strongly advise you secure a LDC before you start works.  We are ready to take your instructions to get your development off the ground. 

All Guns Blazing

August passed in a blip.    Mind cleared, body not quite refreshed, we return with vigour and a list of projects raring to go. 

This week sees applications for Reserved Matters for 17 Apartments lodged and a full application for 3 houses. Fee quotes for 2 small projects already issued (one already confirmed).     

The next month will see a major proposal for redevelopment of large caravan park in Denbighshire and for a Waste Processing Facility in Flintshire find their way onto planning registers.  Alongside those a ecologists, drainage engineers and arboriculturalists are completing inputs on a site in Wrexham prior to its submission.   Likewise we have been requested to put together a team of lawyers, designers and specialists to present proposals for a Green Belt housing site in Cheshire.

Next week will see the finished (we hope) designs for the first phase of a clients redevelopment on the Deeside Industrial Park emerge from the mind of the architect to the the likes of us who make these things happen.  

We are a small practice - well "we" is me. As you can see we are busy and as the economy returns from its own sabbatical, business should continue growing.  One  thought over the summer has been to review the potential for an Assistant role for the right person within the business. We've looked in the past, "interviewed" but didn't find  the calibre of person we wanted then. If you are or know someone who is analytical, logical, commercial, customer focussed, builds relationships, astute, assertive, wants rewards for success, works smart and is IT focussed (and those are just a few of the core skills I need) then we have a contact box.  

P

August Sabbatical

As the rain hammers on the ground outside the office, my thoughts turn to the month ahead and beyond.  Generally a quieter time with few planning planning committees and hiatus as colleagues too are away. 

I think, and have experienced with this recession, that a planning consultants forward work plan is a good barometer of  the economy twelve to eighteen months hence.  We have a schedule of current and forward work looking well into 2014, a much rosier picture than 12 months ago. Noticeably more major proposals and commercial schemes that are coming forward.  A genuine sign that development activity is on the horizon?

,

Earlier in the year I blogged some thoughts about our expectations for 2013.  Its fair to say predictions that our services would be sought in tourism and (private) healthcare sectors were correct. We have presented applications for sports clubs, new static holiday units near Caerwys and are working on a major upgrade to facilities at one of the largest holiday parks in Denbighshire.  Last week permission was issued for Fairways Care Dementia Centre in Abergele, and clients are waiting for completion of a S106 variation that will provide further private care and consulting facilities on the North Wales Technology Park.  We have undertaken preliminary review of a site for a strategic intermediate care facility in North Wales and expect an instruction to move to planning stage any day.

Clients keep returning. So we are delighted to be assisting in master planning then securing the first phase of development for a longstanding client on the Deeside Industrial Park; advising Mostyn Estates on planning matters for some of its holdings and continue our relationship with the Mound group of companies. 

The housing sector still seems to bump along. Perhaps the proposed Welsh Help to Buy scheme will create some market momentum?. Nonetheless we have instructions from a north Wales Regional builder and a Chester based developer on land in Holt as they perhaps gear up for the future.

Sabbatical:

August is always a busy time for us personally.  This year its busier than ever.  Pete will help teach one daughter to drive, assist another with her sailing aspirations, see family on an 18th Birthday weekend, pop over to the Ardennes to enjoy his christmas present - a trip to the Belgian Grand Prix - then a short family holiday. Juggling a Business around this is always difficult. 

So whilst this August we plan to work, we will do so around giving these other things priority.  As we all know, a month in planning can be like a day the normal world, it will pass in a blink.  We will be in and out of the office, but its unplanned and flexible.  We wont be able to pick up the phone or email back instantly.

I'll use the time to enjoy the ones I love, whilst intertwining work with some relaxation and reflecting on where the business might go in the future too.

As ever thanks for your support and for reading. See you in September

   

Wales coastal path

In 2013, the Wales coastal path won the national planning award.  Quite an achievement! 

I might get told off already as there's already a plan for members of the RTPI to walk the path jointly as part of the centenary celebrations of the RTPI.

It's very early days in the planning, but we are delighted to announce Pete's commitment to walking the coastal path in its entire length- all 820 miles or thereabouts in 2014.  

You are invited to join him and, ok I'm lying in bed typing this, so lets stick a  finger up and say he wants to raise at least £20000 for charity. That's £25 per mile... 

Challenge out there...  

Carl Sargeant Speech - 17 July 2013

An imaginatively titled blog if ever there was one. 

For those of you who don't know, or prefer not to care and perhaps simply don't care, Carl Sargeant is the Minister with main responsibility for Planning here in Wales.

Yesterday he gave a speech to Cabinet setting out his proposals to 'stimulate' housebuilding here in the principality.  Some of the fine detail is yet to emerge, and as soon as it is we will let you know.  The key points are:

• Stimulating house-building across sectors.
• Changing C02 emissions requirement under Part L of the Building Regulations from 40% reduction on 2010 levels to 8% of same.  Some detail  here.  We note it 'giveth' on one hand and taketh on the other (requiring minimum standards of insulation on new domestic extensions and requiring conservatories to be neither heated nor cooled.) 
• Implementing the Domestic Fire Safety Measure 2011 from April 2014 in care homes, hostels, halls of residence an similar schemes. New and converted houses and flats from April 2016.
• Bringing forward a shared equity (help to buy Cymru) scheme later in 2013 and working to deliver a HomeBuy Cymru scheme.
• Reviewing the content (and need for) TAN 22.
• Revising householder PD rights from end of September 2013 (we cant yet find the draft SI)
• Requiring LA to update LHMA's by April 2016 - it would help perhaps for some to have vaguely completed one even now!

As ever, actions speak louder than words and we impress on WG and LPA's the need to ensure sufficient permissions and land supply is in place to allow viable delivery, not least as recent research shows a significant shortfall against the required 5 years supply.  

Pete

The Power of Advertising

Some time back we tweeted about a client who asked for our view on mounting a pink Cadillac on the roof of his premises.  Its purpose being to draw attention to his business in a tourist area.  A somewhat rare instruction perhaps and we gave him pretty 'robust' advice on the need for consent and his prospects.  Hearts might have sank when we received a call from one of his staff about the letter he'd had from planning department drawing attention to the unauthorised advertisement he had erected.

Always up for a challenge we were almost disappointed that he'd opted for a more conventional free standing sign that was slightly oversized to benefit from deemed consent. An application has been  lodged and we await a positive outcome.

Its also made us think; 

Firstly: about the extensive rights which exist for the display of of adverts without formal permission  whether they fall outside the scope of the Advertisement Regulations at all or because they benefit from something called deemed consent - or the risks of unauthorised advertisements. 

Under-estimating the extent to which your business can attract new custom and possibly even secure income from carefully placed and designed adverts is something that seems woefully overlooked by   many of our clients. We can undertake assessment of advertisement potential for your site for a relatively modest cost against the potential value it could create.

Secondly, an email out of the blue on Monday has resulted in an instruction to submit an application for community clubrooms for  Conwy Borough Football Club - a new client. When new clients come to us we always ask how they found us as we like to know how effective our advertising is.

We tailor advertising so that google searches find us but focus our main advertising on the RTPI Consultant Directory and social media.  The Football Club told us they asked the LPA how they would wish a Planning/DAS to be approached and were given some examples, including a copy of one we have produced for another sports development - they liked our approach and no doubt our ability to react quickly to their requirements.   

It goes to show that once again that the reputation of the practice and quality work we produce brings  new instructions.   

Many thanks to Darren at Conwy Borough FC for the instruction.  We too are delighted with your imaginative approach to structuring fees and look forward to supporting the club and seeing our advertisement board alongside the pitch in the forthcoming season. 

Draft TAN 23 - Economic development

The Welsh Government has published a consultation Draft Technical Advice Note (TAN) on Economic Development. 

Draft TAN 23 provides further guidance on economic development to support Planning Policy Wales Chapter 7 Economic Development. This TAN will need to be considered by local planning authorities preparing Local Development Plans (LDPs) and deciding planning applications.

The guidance covers:

• Planning economic development at a strategic level
• Working with neighbouring authorities and relevant stakeholders
• Identifying and assessing economic benefits of development proposals
• Establishing an evidence base to help prepare economic development policies for LDPs.

Comments are sought by 5 September.

Design and Access Statements

Chatting to a Surveyor yesterday about a scheme in Wales I was involved with last year. It was, unfortunately, dismissed at appeal and we were discussing  progress on a revised scheme in response to the Inspectors (rather harsh we all felt) decision. 

He mentioned he'd had been cc'd an email almost out of the blue this week from a former DC officer in the Council area (now retired) which, quoted £100 to complete a design and access statement to accompany a revised application for 4 dwellings. Absolute bargain... Snap his hand off. Well perhaps. 

We believe in quality and that "you get what you pay for". Little things like salary, overheads, insurances, tax and even profit can get in the way. So we can't (and wont) compete with retired/ex DC officers looking for a little money to top up their pension.  Best of luck to him and the client if he chooses that route.  

A little shot across the bows though, if your new statement vaguely resembles our previous one, our work is copyrighted and owned by us.

Its a highly opportune time, however, to draw readers attention to further relaxation of the DAS requirements in England as they have come into force from today.  The effect is to drastically reduce the occasions when a DAS must be statutorily provided, limiting them to

•  "major" applications (i.e those of 10 or more dwellings, 1000m2 or more floorspace or sites of 1.0 ha or more area)
• and in certain circumstances in Conservation Areas and World Heritage sites.  

In on fell swoop. swathes of red tape cut.

Contrast this with Wales, where DAS remains obligatory in all cases expect where a change of use, engineering/minor operations and householder works are proposed.  By example, and to set the two scales apart vividly, you no longer need a DAS for 9 houses in the majority of cases in Chester from today but need one to vary the times you might want to open a cafe in Saltney.  

Our clients (and we believe Councils) appreciate the way our DAS approach dovetails policy analysis, describes the approach taken to design in context and how that balances with other evidence and  factors we believe are material to the desired outcome to form an hybrid Design Access and Planning Statement where relevant.

There is a distinction between a statutory DAS and a Planning Statement. 

The latter in all cases is voluntary and self contained work in its own right, but is an often essentially recommended tool describing the competing forces applying to proposals in terms of design, impacts, policy and other material considerations, how the application as presented addresses them an how they should be balanced. Planning Consultants are usually well trained to undertake this sort of work and can assist in maximising impact and development value.

We all want development to be well designed and accessible but the DAS, in Wales at least, isn't as a rule delivering better or more accessible development - or at least with noticeable results that we can see.  Politicians may say otherwise but frankly the quality of some of  DAS we read suggests tokenism to meet minimum legislative requirements at best.  Perhaps the solution is to increase the thresholds where they are required in Wales and require those which have to be prepared to be so much better. Recently commissioned research into the effectiveness of DAS in Wales should provide some clues.  You can take part here

For now, you know the cost. Please dont misjudge it for value.    

      

Denbighshire LDP Update

Denbighshire County Council resolved on Tuesday 4th to adopt its LDP.  A lengthy debate (3 and 1/2 hours) and a 21-18 vote, hardly suggests ringing endorsement.

Nonetheless, adoption gives it Development Plan status and the LDP supersedes the now defunct unitary development plan.

We gather there may be a very short transition period on current applications on which decisions were already imminent but it will be very brief for obvious legal reasons.  Already we have received correspondence from the Planning Inspectorate requesting we update an appeal statement referencing LDP policies.

A new era beckons...

Welsh Planning Guidance

Useful list of current Welsh Government Planning Guidance sources. Published today so expect new guidance cancelling some of these any day. 

Denbighshire Local Development Plan

The report into the Denbighshire LDP Examination has been released. Not surprisingly, given the lengths to which it seemed both Inspector and Welsh Government went to facilitate the proposals, it has been found 'Sound' with modifications. 

25 additional housing sites are allocated to address concerns over deliverability of housing from the Bodelwyddan Key site in the immediate term and generally.  A minimum density policy requires 35 dwellings per ha.  

Viability issues for Affordable Housing result in an initial AH target of 10% on housing sites of 3 or more units along with monitoring points which would see that target rise where house sales prices increase to specified points above 2009 levels.

Other key changes include a new static and touring caravans policy which facilitates remodelling of existing static sites, potential for modest increases in numbers and which encourages suitable small scale touring caravan sites.

The report, was issued on 26th April and is binding on the Council. It will be reported to Full Council on 4 June 2013. Regardless of whether or not the Council choose to "ratify" it (see final line of press release) the plan has to be adopted by no later than 21 June 2013 whereupon it will replace the current Unitary Development Plan. 

We are ready to review all your proposals and present them to the Council so they will be LDP compliant.

Permitted Development Right Changes: England

Much vaunted over the last few months, relaxed permitted development right in England have been announced today which come into effect from 30 May 2013.

The changes provide amongst other things for 

• a temporary period to complete larger domestic extensions (subject to a "light touch" prior approval mechanism) 
• changes of use of (Offices Class B1A) to Dwellings
• changes of use of agricultural buildings to a variety of commercial uses
• Temporary changes of use.

The changes are in many instances time limited whilst the wording, requirements and conditions of the revisions wont necessarily remove these changes from control all together, with many being subject to a prior approval mechanism.

The changes are inevitably complex (as well as not applying in a few areas) so we recommend you take our advice early to ensure your interests are fully considered.

Meanwhile over here in Wales, there remain no signs that Welsh Government intend to relax PD rights to anywhere the same extent or even progress on the consultation to move to the earlier English model which was consulted on in 2010/11.

Smarter Planning Champion

We are delighted to announce that we have been awarded the status of Smarter Planning Champion by the PlanningPortal - the central government portal over which applications are submitted electronically.

The benefits to our customers of Smarter Planning Champion status include: 

• Reduce printing costs saving you money.
• Reduced CO2 consumption contributing to your own carbon reduction target
• Assisting Local Authorities in validating applications more quickly through our commitment to meet recognised quality standards for e-submission of applications.

We continue to use our expertise to make your application or appeal process run quickly, smoothly and with the minimum of delay or fuss. 

Abergele Dementia Care Centre

(c) Union-Architecture

We are delighted to announce that proposals for a 48 Bed Dementia Care Centre for the award winning Fairways Care Ltd on the North Wales Business Park, Abergele were considered by Conwy Planning  Committee yesterday where members gave wholehearted support for the scheme, resolving to grant planning permission. 

Designed in conjunction with Prof Bob Woods of Bangor University Dementia Services Development Centre Wales, the investment is set to provide a purpose designed and exemplar "next-generation" home environment for  Fairways clients

Providing specialist social infrastructure contributing to the mix of uses on the Business Park we have worked across disciplines to deliver the proposal and our thanks go to Mark, Matt and the rest of the team for putting together a quality application that has been so well supported.  We also express our thanks to Bryn at Conwy Planning Department, the case officer, who has been fair, open and helpful  throughout meaning that issues have been dealt with quickly to everyones satisfaction.

Subject to the completion of a  S106 obligation we expect permission to be released in a month or so and for work to begin at the end of the summer, 

Planning Mysteries - Demystified

Jargon is the bain of modern language and planning professionals are as bad as others in using it.  We provide below an archive of our demystification of some of the jargon that often gets bandied around planning. We hope you enjoy (and learn a little) 

No. 1 November 2012

DC (or DM). Development Control (Development Management).

Section within the Council charged with reviewing, assessing, consulting on and (hopefully) your planning application and engaging with us. Usually a single nominated (Case) Officer will handle your application. Can be a great friend and ally.

Pre-application Advice.

Its increasingly common, as resources are stretched, for Councils to charge for pre-application advice.  Rare to date  in North Wales although Denbighshire has made some limited charges for some time. 

Anglesey County Council has now adopted such practice and with effect from 1st April 2013 is  charging for pre-application advice as shown below:

As a practice, we welcome sound, robust pre-application advice services and it's encouraged by national guidance.  Undertaken well it delivers some certainty and better development, often quicker.  We genuinely hope the introduction of charges results in improvements to the quality, speed and usefulness of pre-application advice.    

We advise all clients to not rely solely on such services and that we are well placed to lead and inform (cost effectively) prior to such pre-application advice from the Council being sought.  Please contact us for more details.

Development Advice Maps

Welsh Government has written to Local Authorities advising of updated data on the Development Advice Maps used as the starting point for checking flood risk under TAN15. 

The changes relate to the key C Zones take effect immediately.

From a quick check there are some changes particularly around the margins of the C zones.  This can make a significant difference to the acceptability of developments in principle depending on the status of the land. 

We advise on the planning impacts of being in a flood risk zone at earliest stages to ensure you get the right advice to manage and consider risk so your development proposals properly consider its impacts.  

Commercial Appeals Service Wales

From next Monday (4th February 2013) the Planning Inspectorate in Wales is to launch a 6 month pilot of a Commercial Appeals Services (it already operates a similar Householder Appeal Service).  This is a fast-tracked written representation appeal only, where the aim will be to issue decisions on qualifying appeals within 12 weeks (the current average time is 16 weeks). In future PINS is to aim for an ultimate target of 8 weeks to reach a decision (subject to new legislation) 

Only certain schemes will be eligible e.g ground floor changes of use up to 250m2, changes of use from A1 to A2/A3 and from A2 to A3 and new shopfronts and to refusals to vary condition imposed on such proposals.  Not all Local Authorities are participating either (eg Conwy and Anglesey havent  signed up)  

The new process is front loaded. Opportunity to comment (or rebut) is limited to a short period to respond to 3rd party comments made during the appeal.  Its therefore important you seek advice early to optimise prospects of success. 

The new CAS doesn't affect your rights to choose to use existing routes and we may still advise you to  avoid the pilot where we judge it doesn't represent the best route to success. 

   

Golf Club House

****UPDATE 27 FEB 2013****

Just over 6 weeks since it was validated, we are delighted to confirm we have secured permission.  Thanks go to the Council for the speedy manner in which they have processed it. Thanks to the team who put the application together, showing that if you do it right, do it well your prospects of securing a swift permission are so much better.  We can help you deliver your aspirations.

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(c)BRArchitecture

Our work is varied and brings us into contact with many disciplines. One example is a recent submission for a new Clubhouse Building at Silver Birch Golf Course, Betws yn Rhos.  Its strange one in a way as Pete was, many years ago, the Council case officer when the Course originally gained permission as a form of rural diversification. Its always a pleasure to see good development delivered on the ground.   The course has since been expanded and has become a great resource to this rural community near Colwyn Bay. This new development should build upon this past success and we now wait for the decision sometime in the New Year.

Projects like this invariably involve many disciplines before you reach the stage where you are ready to submit the application. From the outset our services have been used to ensure policy compliance, guide parameters and ensure that decisions on design, siting principles can be resolved and expressed through Design and Access Statement and Planning Statements.  

(c) M7Visuals

However this project has also involved collaborative working with the client, architectural services, 3D visualisation, ecologist and early inputs from construction side (such as timber frame designers and Quantity Surveyor) to ensure the building is costed and affordable when permission is  secured.

This cross discipline role, either as lead or team member, is crucial to the delivery of viable developments that can be successfully implemented on the ground and without this approach many scheme are destined to fail.

Thanks go out to Barry at BRArchitecture for bringing us on board and of course not least  to Bryn and Menna at the Golf Club.

Registers of Enforcement Notices

A little dry this one but try giving it a go.

One of last months blogs discussed our clients Enforcement Notice was quashed and permission granted for their small forestry building. Client called today for a quick chat.  Happy new year etc, which was nice. They asked what happens now? After reminding them of the conditions on the permission I said I'd make sure the Council had done its housekeeping.  

One of  many obligations on Planning Authorities is to maintain a register of Enforcement (and similar) Notices. In England Article 38 of the Development Management Procedure Order 2010 (as amended) and Wales Article 30 of the Development Management Procedure Wales Order 2012 apply. Perfectly understandable so that Environmental Information is freely and publicly accessible and as Statutory Notice, in place at the time of searches and the like. 

However where an Enforcement (or stop) notice is quashed as was the case here (in the case of England) Art 38(3) states:

All entries relating to an enforcement notice... shall  be removed from the register if— 

(a) in the case of an enforcement notice... the relevant enforcement notice is quashed...

Art 30(3) in Wales requires:

All entries relating to an enforcement notice...  must be removed from the register if—

(a) in the case of an enforcement notice, the relevant enforcement notice is quashed...  

Quashing, in plain terms means the notice is cancelled.  Its only right and proper surely then that entries relating to a quashed Notice are removed?  In Wales, it must be removed.  Cant be clearer than that can it?   Imagine then my surprise this afternoon, when in response to request for confirmation the Council email replied "the Inspector didn't quash the notice".   Erm sorry guys but have a look at the very first line of his decision...

So we now know the Council havent read the decision properly (or at all?).

Email continues "that the notice isn't defective and serves to illustrate the planning history of the property" and in its killer blow "in this instance we intend to leave the Enforcement Notice on the register"  Ive given them a week to remedy purposefully acting unlawfully.

It does however beg the question of how many other quashed notices are simply sitting on Registers never to be removed whilst someone unwitting, who has already had months of aggravation from the Council, ends up with a further battle.  Readers it pays to remain vigilant.  

Here's to 2013

Some thoughts on what we can expect to see by the end of 2013 here in north Wales:

With luck development plan coverage across North Wales will have moved forward. Assuming the Inspector doesn't pull a rabbit out of the hat early in the New Year (and we wouldnt be surprised)  Denbighshire's LDP might get adopted. Its another story altogether as to whether it will ever be delivered. The vacuum that is Conwy moves towards examination too (from March) so expect replacement for the aged plans and up-to date county wide coverage for the first time since 1996 towards the end of the year. Flintshire? Expect movement towards the early stages of evidence and options - here's hoping its learnt the lessons of some of the early starters and that its unusually intransigent planning committee will not play some of its games of the past.  The Joint Gwynedd-Anglesey LDP preferred strategy is also expected fairly early in the  year. Wrexham?  I might just blog about that soon.

So whilst we anticipate being kept busy in the policy area, the Welsh Government will continue preparations for the Welsh Planning Reform Bill and Sustainable Development Bills, perhaps by the end of the year.  

Before that, and not before time, will be changes to the Act to allow for applications for non-material amendments to planning permissions (long since in place in England). Consultation is under-way and we will be expressing our full support for this for clients.  It will remove the current blockage in the system and reduce inconsistency and uncertainty.  The Planning Reform Bill is expected to include provision to apply to make minor material changes to permissions but it will be 2014 at the earliest before we see that

Will  the revised (England model) permitted development changes for householders consulted on a couple of years ago see the light of day this year?  

We would also welcome further review of the Design and Access Statement rules to remove need for them in some cases - they are an unnecessary burden in many small cases. Welsh Government should also look at  the very recently announced changes to rules for outline applications coming into force in England - removing the need for scale and layout parameter to be provided where such matters are reserved.  Its a highly sensible change that clients would welcome. 

We predict workload growth in the healthcare and leisure/tourism sectors as the full effects of the changes to Planning Policy Wales become clearer in promoting economic development proposals.

Housebuilding? Plan coverage should help and lets hope the industry is kickstarted .

On a personal front Pete has now taken up duties on the RTPI Cymru management board and will be assisting in the North Wales Chapter activities   Neither is onerous but should bring further training and other opportunities to help shape the professional face of Chartered Town Planners.

Thanks for your continued support.  Lets hope 2013 is a good year.