Objections. Appeal Success

The majority of our work is made up of promoting developments on behalf of clients. However, we do get called upon to advise on objections to planning applications regularly.

Last year we were asked by a client to assist some family members who had major concerns over a proposal to extend a holiday caravan site immediately abutting their garden - which forms part of a Grade 2 Listed converted former farm complex.  Very conscious that we act extensively in the caravan and tourist sector supporting proposals, it was an unusual role for us to be presenting an objection.  However  there was a clear basis for doing so on a number of grounds and our expertise of the caravan sector was brought to bear.  

After presenting those objections on behalf of a residents group to the Council, the application was refused and an appeal lodged.  We were further instructed to prepare the residents case for the appeal to be dismissed and recently attended the Hearing event to present their case.  We ensured the Inspector fully appreciated the residents issues at the Hearing and that the impacts were fully reviewed and understood during the site inspection.   

We (and our clients) are very pleased to learn today that the appeal has been dismissed on virtually every ground we raised as material to the case.

Pete

Planning Application Fees - Wales

To no great surprise (or fanfare) come updated Planning Application Fee Regulations in Wales on applications valid on or after 01 October 2015.

The main changes: 

• Circa 15% increase in the fee charge across the board.  Basic fee rates will increase to £190 and £380 and multiples.    

• Charges for approval of conditions are introduced (£30 in householder cases and £95 in all other cases).

The carrot  given  does not come without a huge stick which the Minister has raised, presumably  in his quest to improve performance.  

• Application fees must be refunded  planning conditions not determined 8 weeks after submission (which might be surprsingly many), those still not determined a further 8 weeks after the normal period on householder applications and and in any other case on an application for planning permission or approval of reserved matters, 16 weeks after the normal decision time (8+16 being 24 weeks).  There is further leeway to agree extensions of time. 

We do wonder however if the Minister has learnt to reverse swing the ball and wait nervously to see if change to the DM Procedure Order is imminent to reflect the new powers in the Wales Planning Act and the consultation in late 2014 on frontloading consultation and mandatory pre-application processes to redress some of balance back.     

Watch this space Pete

Small Schemes, Affordable Housing/Tariff Contributions. England

Late on on Friday 31July West Berkshire and Reading Councils successfully challenged changes to the NPPG (England) which had been previously revised by the Written Ministerial Statement of 28 November 2014.  We had previously commented on this change.

The Government is required to change the NPPG and it placed the following on the NPPG website late on Friday. 

Please note that paragraphs 012-023 of the guidance on planning obligations will be removed following the judgment in R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).

The effect of this change will become clear very quickly.  In the immediate term we expect LPA's to revert to previously adopted affordable housing and planning obligation tariff positions.  These will again need to be factored into viability and delivery of small-scale proposals.  

A spokesman for the Dept for Communities and Local Government (DeClog) states: "We’ve got Britain building and we’re determined to maintain this momentum, including by reducing the red tape and extra costs that prevent smaller developments from getting built.   

"We are disappointed by the outcome of the judgement and will be seeking permission to appeal against the judge’s decision. This will have a disproportionate impact on smaller builders who are important in providing homes for local communities."   

 We will update further as things become clearer.