Colwyn Bay Victoria Pier

We dont often  comment on local developments.  But as hot potatoes go this one is golden brown and crisp, still bubbling in the goose fat.  

To many it is a decaying lump detracting from work to regenerate Colwyn Bay, its waterfront and a drain on the public purse: it is in opposing views the  jewel in the crown, completing the renaissance of the bay with new community uses, gallery and tourist attraction.  

  

The resolution by Conwy CBC to seek de-listing then demolition of the pier yesterday is, for those with a general interest in planning and heritage at least, intriguing.

A Grade 2 listed building, its nationally significant and in Council ownership (noting that there is a pending appeal over that matter as yet unheard). 

The Planning (Listed Buildings and Conservation Areas) Act 1990 imposes a duty on the Minister to prepare a list of buildings of special architectural or historic interest and brings under statutory control  any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest.  If you want to do any of that you need Listed Buidling Consent. (LBC). 

Where the Council owns the building it requires direct application to and decision by the Minister, no doubt involving subsequent public inquiry.  

Yesterdays report and decision doesn't appear to have had any regard to the value of the heritage asset. It doesn't seek to question it and in fact infers (if in poor language) the S66 duty to have "special regard to the desirability of preserving" etc . How could it do much else given  resources already committed and early phase HLF bids?   So it has shot itself in the left foot.

The purpose of the report yesterday was to "To obtain the Council’s view whether to proceed with the Heritage Lottery Fund (HLF) ‘development phase grant’ (appendix 1). or consider and decide to adopt an alternative option regarding the future of the Victoria Pier (the pier), having properly balanced risk and regeneration need".   On its face that "balancing" exercise excludes any regard whatsoever to the S66 duty. Shot in the right foot.

The decision it appears was made on the grounds solely of cost-risk and uncertainty (to council tax payers) of the various options of doing nothing, partial repair or fully restoring/regenerating it and running it thereafter. Understandable concerns, not least as latest costings show full restoration could cost as much as £16m.    [Left kneecap] 

Hmmm, welcome to the real world of owning a listed building.  

De-listing a building once on the list appears to be an ethereal process not governed by the Act or the 2012 Regulations. Circular 61/96 provides 2 paragraphs of guidance (para's 58 and 59).  English Heritage offers a guidance note, but its applicability here in Wales is questionable.  The Minister will review the de-listing request in the light of new evidence - its in effect the reverse process of listing. From what we read, the latest evidence, e.g recently rediscovered Eric Ravilious murals, adds greater weight to the existing evidence perhaps even reinforcing the case for for listing. [Right kneecap]

But, and here is the very big but...  61/96 is very clear that any decision to de-list has to be based on new evidence and the "evidence must relate to the special architectural or historic interest ascribed to the building".  Circ 61/96 expressly clarifies the position where objection to listing is for example related to "a building's condition and the cost of repairing or maintaining it, or to plans for redevelopment".

It follows, in our view, that yesterdays resolution is that an request  de-list on the grounds the Council wishes to advance must fail.  The council appears not to have realised this. The only choice open is to apply for  LBC which triggers all the policy and statutory tests.  As a ball park we would imagine maybe £250k budget for an LBC application, public inquiry, judicial review/appeals and perhaps another 2 years of uncertainty before a decision is resolved. And quite how, given the evidence of suitable alternatives and interests will the tests for demolition be met? The bar is very high and we don't think the Council has realised yet. 

It also appears that no-one mentioned R (SAVE Britain's Heritage) v SSCLG & Others) even if de-listing could be secured. Nor were the cumulative effects of the various works on the waterfront mentioned, meaning EIA/ES mechanisms are likely to be triggered. 

Quite how all this reflects the perception of how differently the Council wishes to treat its own land and how it is seen to deal with others is, to put not too fine a point on it...  stark.

Keep looking folks this one has legs even if they are currently wounded.

Footnote

To respond to some of the queries received since posting. As stated at the start, we rarely comment on local matters. By definition we are often involved directly or peripherally in many locally. Last Thursdays resolution is intresting to us because of the rarity of and grounds upon which delisting can be sought. That's what we wanted to share that with you. 

Household Permitted Development: All Change here.

Monday (30th) sees the long awaited change in domestic Permitted Development Rights (PDR's) which move away from the long used "volume" based approach to an impact approach.  So if you haven't yet begun your works then we urge you to contact us for advice as the new Rules are very different to those they replace.

Broadly it follows the model introduced in England in 2008.  Applied with care and skill it will increase the amount by which you can extend your home compared to the rules it replaces but also contain some serious catches for things which might previously have been considered innocuous.

Things to watch out for...

• Interpretation of the Principle Elevation (and other elevations) - These dictate those areas of the house where you can extend without a formal permission subjects to limits and conditions.   
• The requirement that "materials used in the walls, roof or other element of any exterior work must so far as practicable match the appearance of the materials used in the majority of the equivalent element of the existing dwellinghouse" Condition A3(a). This is a seemingly much more restrictive approach than in the English version of the Order and we can see many a DC officer seeking a battle of wills over that one.  ("other element of any exterior work..."  a potential minefield).  
• Height limits and definitions for measuring height/eaves. 
• As applied in Class E (Garden buildings etc) the height limits are much more restrictive than the current Order. We foresee a lot of buildings in urban situations being caught where of necessity they are:
• within 2 metres of the boundary and over 2.5m high.
• within 2 metres of the dwelling and any part over 1.5m high.
• on sloping sites where the eaves height limit 2.5 metres will catch many buildings with useable head room. Unless of course you excavate. 
• Increased control in protected areas (Conservation areas, AONB, World Heritage Sites). No longer are roof-lights PD for example
• Clarification on decking and raised platforms (anything 300mm above ground level now needs permission).
• Welcome inclusion of PDR for External Wall Insulation.

We cant but help thinking the Welsh Government, in trying to remove some of the ambiguity (and flexibility) of the old Order and address some of the criticisms of the 2008 English version has opened up an even greater can of worms.  Our guess is that demands for planning applications for minor proposals previously exempt from control (roof lights/windows//decking/drives/garages) will  rocket.

Flintshire County Council has already announced that it will no longer respond to pre-application enquiries for householder development informally, directing us to the Lawful Development Certificate (LDC) approach. No other north Wales Authority has announced the same yet, but we suspect it will become more prevalent practice. 

We always strongly advise you secure a LDC before you start works.  We are ready to take your instructions to get your development off the ground. 

All Guns Blazing

August passed in a blip.    Mind cleared, body not quite refreshed, we return with vigour and a list of projects raring to go. 

This week sees applications for Reserved Matters for 17 Apartments lodged and a full application for 3 houses. Fee quotes for 2 small projects already issued (one already confirmed).     

The next month will see a major proposal for redevelopment of large caravan park in Denbighshire and for a Waste Processing Facility in Flintshire find their way onto planning registers.  Alongside those a ecologists, drainage engineers and arboriculturalists are completing inputs on a site in Wrexham prior to its submission.   Likewise we have been requested to put together a team of lawyers, designers and specialists to present proposals for a Green Belt housing site in Cheshire.

Next week will see the finished (we hope) designs for the first phase of a clients redevelopment on the Deeside Industrial Park emerge from the mind of the architect to the the likes of us who make these things happen.  

We are a small practice - well "we" is me. As you can see we are busy and as the economy returns from its own sabbatical, business should continue growing.  One  thought over the summer has been to review the potential for an Assistant role for the right person within the business. We've looked in the past, "interviewed" but didn't find  the calibre of person we wanted then. If you are or know someone who is analytical, logical, commercial, customer focussed, builds relationships, astute, assertive, wants rewards for success, works smart and is IT focussed (and those are just a few of the core skills I need) then we have a contact box.  

P

August Sabbatical

As the rain hammers on the ground outside the office, my thoughts turn to the month ahead and beyond.  Generally a quieter time with few planning planning committees and hiatus as colleagues too are away. 

I think, and have experienced with this recession, that a planning consultants forward work plan is a good barometer of  the economy twelve to eighteen months hence.  We have a schedule of current and forward work looking well into 2014, a much rosier picture than 12 months ago. Noticeably more major proposals and commercial schemes that are coming forward.  A genuine sign that development activity is on the horizon?

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Earlier in the year I blogged some thoughts about our expectations for 2013.  Its fair to say predictions that our services would be sought in tourism and (private) healthcare sectors were correct. We have presented applications for sports clubs, new static holiday units near Caerwys and are working on a major upgrade to facilities at one of the largest holiday parks in Denbighshire.  Last week permission was issued for Fairways Care Dementia Centre in Abergele, and clients are waiting for completion of a S106 variation that will provide further private care and consulting facilities on the North Wales Technology Park.  We have undertaken preliminary review of a site for a strategic intermediate care facility in North Wales and expect an instruction to move to planning stage any day.

Clients keep returning. So we are delighted to be assisting in master planning then securing the first phase of development for a longstanding client on the Deeside Industrial Park; advising Mostyn Estates on planning matters for some of its holdings and continue our relationship with the Mound group of companies. 

The housing sector still seems to bump along. Perhaps the proposed Welsh Help to Buy scheme will create some market momentum?. Nonetheless we have instructions from a north Wales Regional builder and a Chester based developer on land in Holt as they perhaps gear up for the future.

Sabbatical:

August is always a busy time for us personally.  This year its busier than ever.  Pete will help teach one daughter to drive, assist another with her sailing aspirations, see family on an 18th Birthday weekend, pop over to the Ardennes to enjoy his christmas present - a trip to the Belgian Grand Prix - then a short family holiday. Juggling a Business around this is always difficult. 

So whilst this August we plan to work, we will do so around giving these other things priority.  As we all know, a month in planning can be like a day the normal world, it will pass in a blink.  We will be in and out of the office, but its unplanned and flexible.  We wont be able to pick up the phone or email back instantly.

I'll use the time to enjoy the ones I love, whilst intertwining work with some relaxation and reflecting on where the business might go in the future too.

As ever thanks for your support and for reading. See you in September

   

Wales coastal path

In 2013, the Wales coastal path won the national planning award.  Quite an achievement! 

I might get told off already as there's already a plan for members of the RTPI to walk the path jointly as part of the centenary celebrations of the RTPI.

It's very early days in the planning, but we are delighted to announce Pete's commitment to walking the coastal path in its entire length- all 820 miles or thereabouts in 2014.  

You are invited to join him and, ok I'm lying in bed typing this, so lets stick a  finger up and say he wants to raise at least £20000 for charity. That's £25 per mile... 

Challenge out there...  

Carl Sargeant Speech - 17 July 2013

An imaginatively titled blog if ever there was one. 

For those of you who don't know, or prefer not to care and perhaps simply don't care, Carl Sargeant is the Minister with main responsibility for Planning here in Wales.

Yesterday he gave a speech to Cabinet setting out his proposals to 'stimulate' housebuilding here in the principality.  Some of the fine detail is yet to emerge, and as soon as it is we will let you know.  The key points are:

• Stimulating house-building across sectors.
• Changing C02 emissions requirement under Part L of the Building Regulations from 40% reduction on 2010 levels to 8% of same.  Some detail  here.  We note it 'giveth' on one hand and taketh on the other (requiring minimum standards of insulation on new domestic extensions and requiring conservatories to be neither heated nor cooled.) 
• Implementing the Domestic Fire Safety Measure 2011 from April 2014 in care homes, hostels, halls of residence an similar schemes. New and converted houses and flats from April 2016.
• Bringing forward a shared equity (help to buy Cymru) scheme later in 2013 and working to deliver a HomeBuy Cymru scheme.
• Reviewing the content (and need for) TAN 22.
• Revising householder PD rights from end of September 2013 (we cant yet find the draft SI)
• Requiring LA to update LHMA's by April 2016 - it would help perhaps for some to have vaguely completed one even now!

As ever, actions speak louder than words and we impress on WG and LPA's the need to ensure sufficient permissions and land supply is in place to allow viable delivery, not least as recent research shows a significant shortfall against the required 5 years supply.  

Pete

The Power of Advertising

Some time back we tweeted about a client who asked for our view on mounting a pink Cadillac on the roof of his premises.  Its purpose being to draw attention to his business in a tourist area.  A somewhat rare instruction perhaps and we gave him pretty 'robust' advice on the need for consent and his prospects.  Hearts might have sank when we received a call from one of his staff about the letter he'd had from planning department drawing attention to the unauthorised advertisement he had erected.

Always up for a challenge we were almost disappointed that he'd opted for a more conventional free standing sign that was slightly oversized to benefit from deemed consent. An application has been  lodged and we await a positive outcome.

Its also made us think; 

Firstly: about the extensive rights which exist for the display of of adverts without formal permission  whether they fall outside the scope of the Advertisement Regulations at all or because they benefit from something called deemed consent - or the risks of unauthorised advertisements. 

Under-estimating the extent to which your business can attract new custom and possibly even secure income from carefully placed and designed adverts is something that seems woefully overlooked by   many of our clients. We can undertake assessment of advertisement potential for your site for a relatively modest cost against the potential value it could create.

Secondly, an email out of the blue on Monday has resulted in an instruction to submit an application for community clubrooms for  Conwy Borough Football Club - a new client. When new clients come to us we always ask how they found us as we like to know how effective our advertising is.

We tailor advertising so that google searches find us but focus our main advertising on the RTPI Consultant Directory and social media.  The Football Club told us they asked the LPA how they would wish a Planning/DAS to be approached and were given some examples, including a copy of one we have produced for another sports development - they liked our approach and no doubt our ability to react quickly to their requirements.   

It goes to show that once again that the reputation of the practice and quality work we produce brings  new instructions.   

Many thanks to Darren at Conwy Borough FC for the instruction.  We too are delighted with your imaginative approach to structuring fees and look forward to supporting the club and seeing our advertisement board alongside the pitch in the forthcoming season.