Tony Humprheys

It is with a very heavy heart that I have received news today that Tony has passed away.  

Its poignant that it's my first full day as Chair of RTPI Wales - a role Tony held in 2002/3.  He would, I hope, have been immensely proud that "one of my lads" was following in his footsteps. Respected and liked by councillors, colleagues and applicants.  Only yesterday at the 2015 Review were we chatting about him, his RTPI work and enquiring how he was.  I last saw him fleetingly perhaps 6 weeks or so ago, as I often did, when his car passed me.    

Tone, as we knew him, was my first boss,  DC Team Leader at  Colwyn Borough Council in the early 1990s.  He saw through both 1974 and 1996 re-organisations and with it sea changes in the planning world. Always looking to make planning better, more efficient, seeing e.g. how GIS or IT could give his staff the tools to do things better.  He was however, still a proper, old school planner.  The starting point being the basics - history, plans, scale-rules, proper applications, tape measures on site. "Get those right and at least they wont come back and bite you on the arse" was very much a Tony thing to say.

It helped you forgive files sometimes forgotten about in the boot of the blue Sierra - he'd probably been out to watch your back.  He usually found them after being asked him to look again - you were the last person with it Tone.  Never afraid to pick up the phone and tell those who needed to be told what to do. Always helping schemes which should or could get permission overcome the obstacles.  And those that couldn't?  They wouldnt.    

  

Some of that rubbed off on me and  I'm sure that legacy carries through to those he appointed to the new "DC Minors" team I took over from him in 2004.
    

A staunch supporter of the Royal Town Planning Institute during his working life, Tony gave all his staff the support he could to make sure we moved to Chartered status.  It couldn't be  more fitting that my theme for 2016 is finding and developing our current and future young planners.   Tony has played no small in that.

He was instrumental in establishing the all Wales RTPICymru and served as Hon Secreretary for some years after retirement, having earlier served on the North West England and North Wales branch. He was, I know, utterly thrilled to have been a part of the Team that won an RTPI Award in 1993 for regeneration work in Pentrefoelas   

To Roz and family, sincerest condolences.

Tony Humprheys.  RIP.

Rhos On Sea - Residential

Once again we are delighted to have been instructed to provide planning support to a scheme for a development of 7 apartments in the centre of Rhos on Sea for a local developer.  Architectural design has been by another Rhos on Sea business- BR Architecture. 

To take place on a long time vacant land, it will deliver positive and beneficial re-use of accessible urban land, it is yet another example of the continued confidence of the housing industry in the regeneration of town and the service it offers residents.  A flavour of the scheme can be seen above.

An application has recently been lodged with Conwy CBC and we expect consultation to begin in the next couple of weeks.  A decision is expected in Early 2016. 

Pete   

Residential Scheme, Llandudno

We are delighted to have advised Mostyn Estates Ltd on the submission of a Full Planning Application on a highly sustainable regeneration site in the delightful resort town of Llandudno. 

Working extensively alongside BRArchitecture, with flood risk advice provided by Waterco the development will be another strand of ongoing investment in the town by the Estate in a three-storey 18 apartment building. The scheme successfully combines traditional design detailing and elements beloved of the Victorian splendour of the town with modern elements and twists.   

The application will be subject of consultation by the Council in the very near future and we expect the application to be reported to planning committee hopefully in November or December. 

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. 

4 x 4 Events

We are delighted to have been instructed by  4x4Events uk - the only Official Jeep off-road driving centre in the UK  - to assist in their quest for planning permission to use woodland on the Kinmel Estate, St George, Abergele for off-road driving tuition at all levels from beginners to advanced drivers.   This would compliment existing operations in Cheshire and North Wales. 

Working with Nigel and his team in-house, we have provided Planning, Design and Access Statements to support the package of information needed to present a robust planning application to the Local Authority.  A decision is  expected around the middle of September.   

Yet another example of our flexibility in working with client's specific needs to achieve cost effective solutions.

A Sad Loss

Just over 12 month ago, we we posted...

"News came today of two changes to the lives and careers of two very well respected former colleagues.

Both hold senior local government roles. They have been appointed as Planning Inspectors. Two fairer, more approachable, friendly, intelligent and committed professionals I don't think I could imagine. They possess the perfect qualities to develop their careers in the role they are now appointed to.

Both possess a modesty that I'm sure would render it  beyond me to even consider mentioning them by name. 

Should you have to appeal, I cannot think of two better professionals in whose hands I would consider an appeal would be better or more fairly judged.  Well done the Planning Inspectorate for choosing them

Both - I wish you well, your current employers loss is very much the Planning Inspectorate's gain."

P   

I'm yet again both delighted and saddened to learn that PINS (England this time) has appointed 2 further colleagues as Planning Inspectors - one from Local Government, one a Planning Consultant. Good luck to you both on your journey.

P

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

Its all in Order

The use of Development Orders to grant planning permissions for certain forms of development (eg domestic extensions, agricultural buildings, for statutory undertakers etc) is enshrined in planning law.  You might be genuinely surprised how much of what you see in your immediate environment (eg street furniture, telephone boxes, the local shop in your former pub, satellite dishes) are there because these rights permit grant an automatic planning permission for them often subject to limitations and conditions.   

The coalition Government in England has extensively increased permitted development rights including (controversially) for changes of use of offices and agricultural buildings to dwellings or commercial uses and large domestic extensions.   

The Order was last fully revised in 1995 and for practitioners to keep track on the hundreds of changes and nuances since is challenging but we have the resources to do that to maximise your assets.  Some dedicate websites to it.

With the General Election looming yesterday's publication of a consolidated 2015 Order was as surprising as it was welcome for practical purposes. Along with the consolidation came a number of new rights (in some case subject to a prior approval process) including:

• Time limits to complete larger domestic extensions moved to May 2019 
• Changes of use from casinos, amusement arcades and storage/distribution centre uses to dwellinghouses.
• Change of use from shops to restaurants.
• Temporary film-making activities.
• Click and Collect Facilities at shops.
• New Solar panels up to 1mw on non-domestic buildings.

The changes come into force on 15th April. Some (very) temporary changes relating to Assets of Community Value to take effect on 9 April to be replaced by the new Order those few days later.

Further changes and updates to the Development Procedure Order in England come into force in April.  We'll post on those shortly.  

Wales remains at the back of the queue in many respects, but we are pleased to hear at least of intentions to review Planning Statute in Wales with a view to consolidation in the future