January 2018

An Appeal has been allowed at Land to the North of Longcliffe Road, Grantham, Lincolnshire for a sustainable urban extension of up to 480 dwellings, a neighbourhood centre, a single form entry primary school, ancillary public open space and associated works.

The main issues considered by the Inspector were what effect, if any, there would be on the settings of nearby heritage assets and whether the proposed development would make adequate provision in respect of local infrastructure, including matters such as affordable housing.

Roland Bolton of SPRU provided advice to the Appellant on the five year housing land supply position of the Council. In their evidence, the Council conceded that they were unable to demonstrate a five year supply of deliverable housing sites. As such, Paragraph 49 of the Framework relating to housing land supply ‘triggers’ Paragraph 14 of the Framework in respect of sustainable development and decision-taking.

The appeal was allowed on 19^th January 2017.

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017 (“the 2017 Regulations”) were laid before Parliament on the 20^th December and comes into effect on the 17^th January 2018.  The 2017 Regulations amend the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (“the 2012 Regulations”).

The 2017 Regulations increases all existing planning application fees by approximately 20%. This increase also applies to deemed applications, requests or site visits.  The increase was offered by Government to all local planning authorities if they agreed that the additional money would be re-invested within their planning department. All local planning authorities accepted the offer, which whilst requiring that the money is invested within their planning departments, does not require that it relates directly to their Development Control / Management sections.

The Planning Portal’s full schedule of planning fees will be issued shortly.  Some key revised figures are set out below by way of an example:

Another significant change of the 2017 Regulations is an amendment that will require a fee to be paid where a planning application has to be made for planning permission for a form of development that would otherwise have been ‘Permitted Development’ but is not because of an Article 4 Direction or planning condition on a previous planning permission.  Previously, such applications were exempt from the requirement to pay.

The 2017 Regulations also introduce new fees and make a number of other changes, including:

• A fee of £402 for each 0.1 hectare of the site area for Permission in Principle developments;
• Introduction of a fee for a prior approval in relation to the new permitted development rights that were introduced in the 2017 amendments to the General Permitted Development Order; and
• Enables Mayoral development corporations and urban development corporations to charge for the provision of pre-application advice in their areas.

With regards to the transitional arrangements, these provide that the changes made by the Regulations, including the increased fees and the introduction of new fee will only apply where an application has been made on or after the coming into force date of these Regulations.  There is no definition of what constitutes a ‘made’ application in terms of it being valid or not. We are aware of at least one authority whose view is that if an application is submitted before the 17^th but is invalid, if it is then made valid (for example, through the submission of additional information) on or after the 17^th, it will be subject to the increased fees.  This should be considered in the context of making applications in the transitional period.

If you require any further advice regarding the above, please do not hesitate to contact one of the offices listed below.

DLP Planning Ltd (DLP) have successfully overturned a decision of Central Bedfordshire Council against the development of a large, detached dwelling within the Green Belt. The site is located in Aspley Guise and is washed over by the Green Belt, lying outside of the settlement’s identified ‘Green Belt Infill Boundary’.

Within the appeal decision the Inspector agreed with the Appellant’s case,  agreeing that the site constitutes infill development, complementary to the surrounding pattern of development and settlement character, thus falling within the exception category for limited infilling in villages identified by Paragraph 89 of the Framework.

Given the above, the Inspector was convinced by the Appellant’s case that there was no need to assess the effect of development on the openness of the Green Belt, as previous case law has determined that where development is found to be ‘not inappropriate’ it should not be regarded as harmful to the openness or purposes of the Green Belt.

It was thus concluded that the appeal be allowed, with the proposals complying with the Framework and considered to be in keeping with the character and appearance of the area.

We are delighted to have secured planning permission for a 7-storey residential building comprising 62 no. apartments (16 no. studios and 46 no. one-bed apartments) with associated access, parking and landscaping works on a city centre site at Stepney Street in Sheffield.

Working with Officers of the Local Planning Authority and liaising with Network Rail, we were able to establish that the site was an appropriate location for residential led regeneration and redevelopment of the site. The scale and massing and the contemporary design approach adopted was agreed at the pre-application stage as being an appropriate response to the sites context. The principle of the proposed residential development on the site is considered was demonstrated as being acceptable, as it  is located in an area in transition which has become more residential in character in recent years.

While the Local Planning Authority sought a wider variety of accommodation types within the development, it was demonstrated that the model simply would not accommodate this at the scale of development. Each apartment would offer a good outlook and communal amenity space would be provided. The site is in a very accessible location in close proximity to bus and tram routes and cycle storage would be provided meaning a limited provision of car parking was appropriate. It was clearly a sustainable location for new residential accommodation. Planning Officers and Planning Committee accepted that the wider benefits of bringing a brownfield site back into use outweighed the preference for a wider range of accommodation units.

Prior to determination by Planning Committee, we were able to liaise with Planning Officers to review and negotiate the wording of the planning conditions proposed to be recommended. This was essential to provide certainty to triggers points when information would be submitted to the Local Planning Authority, but also enable an early start on below ground investigations to begin delivery of the development. This has the benefit of bringing forward additional residential accommodation within the city centre and allowing the developer to make early progress on site.

Planning application fees are scheduled to rise by 20% on 17^th January 2018. The increase was offered by Government to all local planning authorities if it was agreed that the additional money would be re-invested within their planning department. All local planning authorities in England accepted the offer.

Statutory Instrument 2017 No. 1314 was made on 20^th December 2017 and the changes associated with the SI will come into force on the 17^th January 2018. These changes relate to the fees charged for planning applications, deemed applications, requests and site visits.

A fee will also be payable for applications for permission in principle. Permission in principle is a new route to planning permission under Section 58A and 59A of the Town and Country Planning Act 1990.  The Regulations allow Mayoral development corporations and urban development corporations to charge for giving advice, in their area, about planning applications at the pre-application stage.

Regulation 5(2) omits regulation 5 of the 2012 Regulations. This means that a planning application fee may be charged by local planning authorities where they have made a direction withdrawing permitted development rights under article 4 of the General Permitted Development Order or where permitted development rights have been withdrawn by a condition imposed on a planning permission.

The increase in fees will not apply to applications made or deemed to have been made prior to the commencement date of the 17^th January 2018.

Following the motion made by Hartlepool Borough Council Planning Committee on the 4th October 2017 to approve development of a gas powered electricity generator and related infrastructure on land at Worset Lane subject to conditions and a S106 agreement, DLP Planning Limited have now received planning permission following completion of the S106 Agreement for Clearstone Energy.

The development proposals are for a purpose built structure containing 11 gas engine generation sets that will generate approximately 49.5MW. The development evolved to visually suit an agricultural setting with robust landscaping which would be provided and maintained through a S106 agreement.

The approval fully reflects that planning is embedded within our transition to a low carbon economy. In the face of climate change, greater energy security and fuel poverty, technology needs to be framed as a strategic, long term investment where practical solutions can be made in the interim. Gas powered electricity generators in suitable locations are an important part of this transition. The development will support existing infrastructure with an energy source which can add capacity and tolerance to the network at times of spikes in use or drop in renewable resources.

We are pleased to have secured design changes to a residential development comprising 14 dwellings with garages and car parking to allow an appropriate redevelopment scheme to be put forward.

Planning permission was originally granted in January 2015, but delivery of the development needed to be appropriately phased and design amendments made to allow flexibility in the approach to bringing forward the newly proposed homes. Through variation of planning conditions and discharge of conditions precedent, the permission has been kept live with a material start having been agreed to be made thereby securing the opportunity for delivery of housing on the site. The implementation of this scheme will assist in meeting the housing requirements for Sheffield in a popular location.

We are pleased to have secured amendments to planning permission for a residential extension of a bungalow in the Green Belt at Wentbridge in Wakefield.

Using the powers under Section 73 of the Town and Country Planning Act to vary the approved plans to create a first floor on an existing bungalow, DLP have been able to secure an amended eaves height and roof design for our client. This followed planning permission being secured in December 2016 for the extension of an existing stone bungalow in rural settlement in a Conservation Area and the Green Belt within Wakefield Metropolitan District Council’s administrative area. The property was also close to the curtilage of a Grade II Listed building and within a bat and badger alert zone.

As stated in the Framework, the extension or alteration of a building in the Green Belt need not be inappropriate, provided it does not result in disproportionate additions over and above the size of the original building. We made the case that that the amendments to the roof height were minor and the potential harm to the Green Belt was outweighed by the quality of the bespoke design of the contemporary addition.

Planning permission was granted under delegated powers enabling the extension and alterations to go ahead to the property.