Update

The planning system, policy and law ever changes.  Non more so than at present.  

Although the main focus of our business is  in North Wales for obvious geographical reasons, we work over the "border" too. Driving back from Wrexham along the A483 you briefly drive into England and then back into Wales along the A55.  This week, those "Croeso y Gymru" signs caused me to think about these ever diverging systems.     

ENGLAND:

We've mentioned before Martin Goodall's superb blog which regularly updates on the system in England.  Its definitely worth a look of only to see the speed at which the English Government is "relaxing" planning controls. 

Aside from the temporary (and controversial) 8 metre domestic extensions rules, you can now change the use of offices to dwellings.  change certain agricultural buildings to shops, offices and cafes, as well as temporary flexible uses of typical town centre use buildings.  From 06 April it will be possible to change the use (and carry out necessary operational development) to convert agricultural buildings to dwellings and of A1 (retail) and A2 (financial/professional services) uses to dwellings.  

We would add that there are  limits and conditions to the changes and prior approval procedures required to jump through. So don't get too excited if you own them just yet.  We of course happy to advise and take your instructions.

In his budget speech the Chancellor announced further review of the General Permitted Development Order in England and even before that potential rights to convert warehouses to dwellings as permitted development are being muted.  The government has also stripped away a mass of guidance (much of it we must say being very useful) and replaced it with the much briefer National Planning Practice Guidance.  We also learn this week that the English Government is to axe the Code for Sustainable Homes as part of its review of Housing Standards.

WALES:

The Welsh Government has introduced few f those permitted development relaxations and shows little or no sign of relaxing controls too much further to say permit residential uses or the kinds of flexibility in England.  Householder permitted development was revised last year.  Relatively minor changes to allow larger extensions to industrial and warehouse premises, schools,university and hospitals, offices, alterations to A1 and A2 use buildings come into force on 28 April.  

It has recently revised (again) Planning Policy Wales with a new chapter covering Waste Management and Infrastructure matters and along with an accompanying Technical Advice Note (TAN21) and a. TAN23 (Economic Development)  has been published.  WG has indicated that requirements through PPW for Code 4 SH may well be replaced when B/Regs Part L comes into force (31 July 14 we understand). 

  

With the the Planning Bill consultation over we are now moving towards to the Act and the multitude of changes will begin to impact applications processes, appeals and the the culture.  There are clear signs that the minister is given considerable weight to economic benefits in policy/appeal decisions, but that remains through policy direction rather than legislative action. 

PL 270314    

Appeal Success: Rural Development.

Back in 2012 we began discussions with a Local Authority regarding re-use of a construction compound adjacent to a new sub-station in a rural location.  Early signs and feedback were as positive as you can get (which wasn't saying much back then) so our client committed to the not insignificant costs of proceeding to a planning application. 

Post-submission, the Council's stance began to change somewhat and they eventually refused permission alleging loss of best and most versatile land, policy preference for the use of previously developed land in its farm diversification policies (rather than "greenfield" land) and cited details approved under planning conditions imposed on the first sub-station scheme which required the compound to be re-instated to agriculture.  In the meantime a planning application for another large sub-station to the other side of the site was submitted (and has since been approved) and part of the site became subject of a Compulsory Purchase Order to serve as access into the second site.

After looking carefully at the refusal, we advised our clients that the only way forward was to appeal. 

We looked at each issue and set out a case responding to each element of the refusal:

• Demonstrating in the first instance that the conditions the Council thought required the land to be re-instated  to agriculture, never in fact related to the appeal site (rather land nearby) and so couldn't be enforced thereon. The land could only voluntarily be re-instated to agriculture;
• That there would be no harm to the character or appearance of the locality given the scale and impact of a substation on one or both sides of the appeal site;
• Quantifying economic benefits to tourism and the wider farm holding which would occur and;
• The proposal met with the rural economy policies in the development plan in any event. 

We are delighted that the Inspectorate has this week allowed the appeal.

We don't often blog about appeals as, lets be honest, they can be a little dry.  However we find this one interesting.  Not least because it shows the absolute importance and skills of a Chartered Town Planner in drilling down to research and understand the status of the land, the applicability and effect of planning conditions as drafted (or in this case how they were ineffective) and their impact on future decisions. 

The LPA thought the condition affected the appeal site (and we understand why they might have wanted it to) but it was, as the inspector said "misplaced" in its view that future treatment of the land was controlled by the condition.  The Council may have overlooked that important detail, but we didn't and from that point on its case was undermined.

Secondly, its yet another example where weight is given to quantified economic benefits in the wider consideration of schemes. In this case the sum was perhaps equivalent to a recently qualified planning officers salary. 

PGL