Householder and Commercial Appeals etc update

On 22 June a series of the changes to subordinate legislation came into effect here in Wales.  The main changes:

• Formalise the previous pilot scheme for fast-tracked Householder and Minor Commercial appeals, a reduced (12 week) period to submit your appeal, with streamlined processes.
• Remove the 6 month period for lodging a non-determination appeal.
• Introduce a 4 week "duality" period after lodging a non-determination appeal enabling the Planning Authority to determine the application. 
• Limit the size of internal mezzanines (200m2) before requiring planning permission.
• Introduce a duty on Statutory Consultees to make a substantive response within 21 days of consultation and a duty to report annually on performance.
• Introduce Temporary Stop Notice powers requiring unauthorised/unlawful activities to cease for 28 days.

As always contact us if you require if you have any specific requirements.

Pete

   



     

Flintshire Housing Position

At its Cabinet this week, Flintshire adopted, with immediate effect,  interim planning guidance on managing the release of 'speculative' housing sites, in recognition of the shortfall of supply against TAN1 requirements, the imminent end date of its UDP and the delay in progressing the replacement LDP.

Recognising it is vulnerable to proposals which look to address the shortfall, The guidance sets out a basis for the consideration of sites which would be looking to deliver new housing (demonstrating viability, deliverability etc) to meet the Shortfall and will to a degree feed into the emerging LDP.

The council has also adopted and update to its affordable housing SPG and the use of comutted sums.

Please contact us to discuss your needs 

Appeal Success. Urban Conversion

Appointed to advise on a proposals Denbighshire County Council intended to refuse, we reviewed  ad advised the client not to amend their proposal but to seek  a decision and  if necessary appeal. The refusal duly arrived.

(c) Richard Broughton Ltd.

The Planning Authority argued that an existing urban building (currently used as  domestic garage/store) between a house and an almost identical (previously converted) would be cramped and harm living conditions of current and future occupiers.  During the appeal process council also sought a  financial contribution to off-site public open space.

We set out  that the scheme met all policy requirements including: 

• minimum density requirement of 40dwgs/ha; 
• the Council's assessment of unit orientation was flawed and privacy would not be harmed; 
• the requirement for POS contribution was not justified or policy compliant; and
• the Councils housing land supply position justified planning permission. 

The Inspector found fully in our favour on all grounds, confirming the "alterations would retain the character of the appeal property... the plot would be... commensurate with the size of dwelling proposed"  She also rejected the Council's stance on orientation, accepting that small windows in the side would be secondary, not on a primary elevation, and  would not cause loss of privacy. She attached considerable weight to increasing housing supply (albeit it was not determinative as she agreed on the key issues). 

She concluded that the Council's suggested (and extensively used) planning condition to provide a mechanism to pay a commuted sum in lieu of on-site provision does not comply with national guidance and that the adopted guidance on POS did not apply to schemes of this size. Absent justification to seek it, the condition was unreasonable and unnecessary. 

Another delighted client.  

Convenience Store Opens for Business

After doing some site checking and survey work in Chester this morning, it seemed perfect weather here in North Wales to pop along to to one of our newest projects in Deganwy.

PLPLanning lead all pre-application discussions and negotiations with the LPA for the client and prepared a Planning Report and Design and Access Statement to support the application. Architectural Services were provided by Bowen Dann Knox Architects (now part of Barron and Smith) with further support from Highways Consultants SCP. 

PLPlanning also subsequently provide services to draft and deliver a Unilateral Undertaken and managed support for and the discharge of planning conditions to enable the client - who developed the site in-house - to focus on timely delivery.

The client  has developed and retained the site within the Estate portfolio ( in the lovely estuary village of Deganwy) and has let it Co Operative Food.  We are delighted to add this scheme to our own portfolio of delivered projects and is yet a further example of the diversity of skills and projects we can deliver. 

Conwy SPG

Our friends at Conwy continue to keep us busy through the publication of Supplementary Planning Guidance which "inform" the application of its LDP Policies.   SPG is a material consideration in the determination of planning applications. 

In March it adopted Enabling Development and Llandudno Conservation Area Management Plan SPGs (that latter we successfully challenged and ensured was revised on behalf of a client). 

A further one covering Change of Use within Town and Neighbourhood Centres was adopted in May and will now be used to inform and judge proposals for non A1 uses is designated primary and secondary shopping zones.  We also secured some changes to this for the same client, but despite having pointed out it is inherently inflexible as drafted we remain concerned it will, in its adopted form, cause problems through strict interpretation, delaying decisions particularly through marketing requirements.

We already have one appeal where we are going to test its applicability and will keep you posted on progress. 

We note a few other cases where SPG is now being extensively used and referred to in support of a refusal of planning permission where the Council asserts the SPG is being breached.   

We are as ever fully up to date with the adopted and emerging guidance ensuring your application is structured to either "beat the clock" or where appropriate addresses the guidance to maximise  development potential and reduce risks. 

Dont hesitate to call to discuss.  

Pete

Wales Updates

Prior to attending the Wales Planning Conference in Cardiff recently, there was much anticipation that the Planning (Wales) Bill would be imminently passed at the Assembly.  Duly, the night before Conference came confirmation and  Carl Sargeant (the Minister) was able to announce the news in his keynote speech. 

All bets are now on for Her Majesty to grant Royal Assent shortly andwe expect the Planning (Wales) Act 2015 to be law by the end of July. 

The passing of the Bill was the trigger for the Minister to announce consultation on implementing a key element of the new system - Developments of National Significance.  These empower the Welsh Government to become the "active steward' and decision maker on some large scale projects  (some 3 or so per year being suggested by the Minister). 

Whilst this sort of things often grabs the headlines, the Bill/Act merely provides the skeleton on which the muscle will be formed. The devil will be in the detail.  It is perhaps not surprising that mention has been made of potentially 75 or elements of secondary legislation necessary to effect the Act.

Keys areas we will be watching out for in the near future include:

• Whether the A55 corridor is designated a Strategic Planning Area, the arrangements and responsibilities for its Panel and Strategic Development Plans should it be designated and, not least, its geographical extent. 
• The statutory requirements for pre-application community consultation on major applications.  The early  suggestion was to use the current definitions of "major" development which catches sites of 10 dwellings (or 0.5Ha), floorspace of more than 1000m2 or sites with an area of more than 1ha. These could be a key risk and potentially onerous requirement on our clients who regularly operate at these sorts of  thresholds.
• The relationships of the National Development Framework to and conformity matters for LDPs. Eyes were raised at suggestions that the NDF might well now  require some pretty swift LDP reviews - there is a duty of conformation .  If that's the case  the risk for further uncertainty is surely counterintuitive. .    
• Enforcement Warning Notices in situations where "acceptable" development has been carried out without a prior permission but it would be otherwise acceptable - ie prompting planning applications - a potentially welcome tool if used positively, giving a degree of certainty. 
• Removing certain "second bite" elements (such as retrospective planning applications) in Enforcement Notice/appeal situations.

We hear of pending changes to Planning Fee structures (presumably only upwards).  Update on that  as we hear more but a 15-20% rise on current levels wouldnt surprise us. Separately,  Denbighshire is in the process of initial consultation on charging for its pre-application advice services. 

The Law Commission is undertaking a scoping exercise for Welsh Government with a view to complete consolidation of Planning Law as it relates to Wales.  Watch out for that a new Planning Bill sooner than you think.  

As ever the system is a moving feast and as soon as key proposals come forward we will keep you updated.

Pete