SuDS - Beat the deadline.

Keep the date 07 January 2019 in mind.

It’s the day whence from newly submitted planning applications (for construction works with drainage implication in Wales (and lets not bet around the bush, that means most forms of built or operational development) will trigger mandatory inclusion of SuDs/Sustainable Urban Drainage Systems. This will implement Schedule 3 of the Flood Water and Management Act 2010 https://www.legislation.gov.uk/ukpga/2010/29/schedule/3 alongside National SuDs Standards issued by Welsh Government.

SuDs approval will be a technical and separate approval process, with applications (fee’s charged of course) made to newly formed SABs (SuDs Approval Body) for each Council area. Although distinct from your Planning Application, meeting mandatory national SuDs standards will impact significantly on design, layout, appearance and management of your development. Planning applications lodged and valid on or after the trigger date will have to allow for SuDs designs as part of the details and demonstrate compliance with the Standards within the planning application in addition to to dealing with the SAB process.

The only anticipated exceptions will be single dwellings and development with a floor area of less than 100sqm alongside some other transitional arrangements for reserved matters applications lodged before 07 January 2020. SAB approval applies equally to permitted development as that needing formal planning approval. Therefore, many forms of agricultural and industrial PD will be caught by the requirement.

If you act quickly there is time to submit your planning application before the trigger date to avoid the need for SAB approval alongside planning or to take advantage of the transitional arrangements for reserved matters.

Looking forward to the new regime, we have relationships with specialist drainage consultants to develop tailor made project teams to ensure future developments will consider and meet all parallel planning and SuDs requirements from the outset, reducing delay and cost in the long run. Designing SuDs early in your scheme concept will be essential to inform pre-application discussions and consultations with Planners, the SAB and other consultees.

Contact Pete on 07877 748995 or plplanning1968@gmail.com to discuss how we can help you beat the deadline or deal with the new regime.

Conwy: Developers, Landowers Call for sites

Are you a landowner,  developer or have any interest in land near you in Conwy County?  Now  is the time to act to ensure your site is given proper consideration for development for the next 15 years to 2033.    

That may seem a long time away, but Development Plans cover long periods and set both strategic and localised direction for development that far forward. 

We are often contacted by people looking to develop their land.  Where policies are clear and supportive our task is easier and your risk far less.  Challenging existing policies or allocations to deliver non-conforming development is far more time consuming, carries far greater risk and alongside that cost.  We almost invariably advise clients that the earlier they talk to us about things, to chew things over, the better.  

Even if you don't think your land is suitable for something today, we have the knowledge and skills to assess future direction and needs and to align aspirations with emerging policy.  We can help you create strategic directions and amend policies to meet your needs. 

So if you have land (undeveloped or even already developed) that you think is suitable for retail, commercial, housing, office, tourism or any other use then now is the time to talk to us to make sure your site is including in the Call for Sites to inform the new to 2033.  

The deadline is 31 August and is therefore only 2 weeks away.  Get in touch without delay to ensure your site is considered.

Pete

Housing Land. TAN 1. Consultation.

Somewhat out of the blue Welsh Government has announced consultation on a proposal to temporarily dis-apply paragraph 6.2 of TAN 1 (Joint Housing Land Availability Studies), for the duration of a wide-ranging review of the delivery of housing through the planning system which  Welsh Government proposes to undertake this summer.  

The current advice in Para 6.2 states:

"The housing land supply figure should also be treated as a material consideration in determining planning applications for housing. Where the current study shows a land supply below the 5-year requirement or where the local planning authority has been unable to undertake a study …, the need to increase supply should be given considerable weight when dealing with planning applications provided that the development would otherwise comply with development plan and national planning policies."

The reason given for temporarily dis-applying this strand of government Technical Advice is to alleviate some of the immediate pressures on local planning authorities when dealing with speculative planning applications for housing and to allow them the capacity to focus on LDP preparation and review,

A key plank of WG policy is that the planning system must provide for an adequate and continuous supply of land, available and suitable for development to meet society’s needs.  That includes housing.  TAN 1 6.2 advises "considerable" weight be given to the need to increase housing land supply in pursuit of this of objective  measured against the  TAN 1 approach.    

The message from Welsh Government perhaps couldn't be more clear.  By removing the advice to give  considerable weight to a material consideration, Councils without adequate supply can avoid difficult "political" decisions in the expectancy that the Planning Inspectorate will support them at appeal.  Restricting the supply of permissions - if that is the effect-  even for a temporary period, will do nothing to improve the delivery of housing, including affordable housing, in our communities. 

If only it were so clear.  As one commentator succinctly put it, people live in houses not permissions.  The Courts tell us that weight to be given to material considerations is a matter for the decision-maker.  Dis-applying a part of a planning policy approach could seriously prejudice some proposals already in the planning pipeline - if the effect is to provide a basis to reject what WG terms "speculative" applications in the consultation.  That could place at risk investment in the social fabric of communities, infrastructure and economic development (including Growth Bids) in north Wales plus the many other benefits that housing delivers.     

Our initial analysis is that  simply dis-applying part of the advice - leaving the rest of national policy and advice intact - may have other unintended consequences.         

Details of the consultation can be seen at: https://beta.gov.wales/technical-advice-note-temporary-dis-application-of-paragraph-6-2

Background

Only 19 of the 25 Local Planning Authorities in Wales have a 5 year supply of housing land.  Para 9.2.3 of Planning Policy Wales states that Councils must ensure they have a supply.  Only  Anglesey/Gwynedd in north Wales currently have a supply of 5 years (following adoption of its LDP last year).

Annexe Success

We were instructed to assist a new client seeking to convert a garden building into an annexe.  

We presented the application and supporting statement setting out how the existing building would be retained and altered to form the annexe, and that it would still form part of the existing domestic unit.  The Council refused to validate our clients application as it considered (without any objective evidence) what was being provided was not an annexe, amounted to a separate dwelling unit in its own right, that we have used the wrong forms and requested an increased planning application fee.

We completely disagreed with the Council, not least that it had pre-judged the application even before validating and considering it.  After talking options through with the client, we exercised a right of  appeal to the Welsh Government against the Council's notice of Invalidity -a fairly new power in Wales.

That Appeal was successful and required the Council to validate the application.  It had to determine it as first presented.  Of course, because the application was valid when first presented, the practical period to determine the application was significantly reduced to some 4 weeks after the appeal decision.

The Council have today granted planning permission,  just within the 8 weeks from us first presenting the application, much to the delight of our client. 

Yet another reason to consider the expertise of a Chartered Town Planner.  

Sustainable Moves

The policy and legislation to make Welsh development inherently sustainable continues apace. 

WelshGov has for some time been heralding the publication of a heavily rewritten and revised  Planning Policy Wales to reflect the Future Generations Act duties.  It arrived in our inbox for consultation earlier this week and can be viewed here.  We will post about some of the key changes in the near future once digested. 

Thoughts were recently firmly focussed on the practicalities of delivering sustainable development at an event to discuss implementation of National SUDs standards organised by Welsh Government. Subject to some transitional arrangements and with minor exceptions for single dwellings and development of less than 100m2, most development involving construction of a building or structure with drainage implications will require SUDs drainage. In brief summary it will need:  

• Mandatory SUDs to national standards. Permitted Development ( e.g employment /industry/agricultural buildings) appears to be caught where over 100m2. 
• Approval of all SUDs scheme through new approval boards (SAB) (with adoption, appeal and enforcement regulations in parallel.
• Fees starting at £420 and up to £7500 for SAB approval applications. 
• Parallel to PP processes and scheme design.  The importance of silo free pre-application discussion was emphasised.
• Requirements to show in planning applications how SUDs considered. 

The draft Regulations impose the requirement to seek SAB approval, coming into force in May 2018, although we believe November 2018 to be the practical trigger date.  Further draft Regulations deal with adoption and approval,  appeals and enforcement.  

The recent event confirmed our fears that; 

• There is very little appreciation of the pending change in the development industry outside of the major developers. This seems particularly acute in the SME sector. 
• Local Authorities are ill-prepared and under-resourced for change and dont appreciate the cross-cutting character of SUDs across multiple responsibilities such as drainage. flood, highways, open space/biodiversity functions.
• The vision for outcomes and implementation will differ between individual Local Authorities and more worryingly between individual Authority functions. This will cause uncertainty and delay.
• The viability of developments will be adversely affected by the uncertainties, delaying delivery.

Updates will no doubt come, but in the interim, contact to see how we can assist.

Victoria Road Rhyl

We have been instructed by our clients - NWPS Construction Ltd (a Rhyl based contractor) - to progress a proposal to develop land at the vacant Victoria Business Park Victoria Road, Rhyl Denbighshire.

Some basics about the proposed development are summarised below:

• 18 no apartments in a mix of 16 no two bedrooms and 2 no 1 bedroom unit on two and three floors
• Access from Vale Park into an undercroft parking and entry area.
• Contemporary, high quality and flood resilient design (Mccormick Architecture, Chester).
• High quality and  affordable housing to Design Quality Requirement standard.
• Contribution to Public Open Space in the Town via commuted sum. 

Your views on the scheme are now sought in order to inform and develop a planning application which we expect to  present to Denbighshire County Council early in 2018.  Your views are important - they help  the design team explore planning issues as they might affect you and deliver a better development.

Street View from Victoria Road looking south.  

As we build up towards the next stage of submitting a planning application at some point early in 2018. we want to ensure you views are given and considered before an application is formally lodged. 

We have made the draft planning application available to view here.

You can comment either in the box below or to the following emal address.  planningpublicity@gmail.com

All change in Planning Committee

Having only just absorbed, with anticipation and trepidation, the candidates nominated in the pending Local Government elections (04 May),  the Welsh Government has legislated changes to the Size and Composition of Planning Committees.  A strand of its Positive Planning programme.

The key (mandatory) elements that come into effect with newly composed Planning Committees from 04 May are:

• Planning committee can contain no fewer than 11 members and no more than 21 members, but no more than 50% of the authority members. 

• Where wards have more than one elected member, only one member of that ward may sit on the planning committee, in order to allow other ward members to perform the representative role for local community interests.

There are exemptions for National Parks and where Local Authorities are made up of  solely of multiple ward members (to maintain political balance).

Decisions made in committee’s which do not comply with the new Regulations will be open to challenge on validity grounds.   

  

Other changes to Local Government Standing Orders will come into force alongside which require a 50% quorum and prohibit the use of substitute members.