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.