News

Full Planning Permission Secured For New Dwelling Within The Curtilage Of A Listed Building In South Gloucestershire

DLP Planning Ltd (DLP) are delighted to have obtained full planning permission for 1 new dwelling within the curtilage of a listed building in the South Gloucestershire countryside. The site forms part of the residential curtilage of the Grade II listed Talbot’s End House in Cromhall and is located outside of the defined settlement boundary.

South Gloucestershire Council is currently unable to demonstrate a five year housing land supply. In this situation applications should be considered in the context of the presumption in favour of sustainable development and permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits

Working with James Slater & Co on behalf of a private client, DLP were able to successfully demonstrate that the site was indeed in a sustainable location due to the close proximity of the village of Cromhall and its associated facilities.

The Listed Building Officer concluded that although the new dwelling would have an impact on the existing setting of the listed building, it was not considered to be harmful and so the setting of the heritage asset would be preserved. The Case Officer commended the design of the dwelling, describing it as “an attractive composition of traditional forms executed with a modern influence.”

The application received no objections and was approved by the Council on the 13th December.

Image courtesy of James Slater & Co

 

dlpFull Planning Permission Secured For New Dwelling Within The Curtilage Of A Listed Building In South Gloucestershire
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SPRU attendance at South East Lincolnshire Local Plan Examination

Alex Roberts of SPRU attended Week 3 of the South East Lincolnshire Local Plan Examination which re-started on 28th November. The Hearings began by revisiting housing need and requirement matters as well as housing supply.

During the sessions, the Inspector has requested both Council’s (Boston and South Holland) increase their housing requirements by at least 5% above that in the submitted plan, to improve the supply of affordable housing. Further evidence is also required by both Council’s to support their windfall allowance and their approach to dealing with unmet housing need since 2011.

Wednesday’s session explored flood risk in more detail and Thursday saw the examination of the Council’s spatial strategy.

dlpSPRU attendance at South East Lincolnshire Local Plan Examination
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Consultation advice to clients for housing in Aylesbury Vale

The Strategic Planning and Research Unit (SPRU) of DLP are currently advising clients on the appropriate objectively assessed need (OAN) for housing for Aylesbury Vale as part of the consultation on the submission version of the Local Plan.

SPRU highlighted a number of issues which make the assessment of housing need unsound, including the use of a 10-year migration trend to reduce levels of housing need, which is contrary to the LPEG recommendations and the DCLG approach that has been subject to consultation this year.

dlpConsultation advice to clients for housing in Aylesbury Vale
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Evidence presented at Milton Keynes Public Inquiries

The Strategic Planning and Research Unit (SPRU) of DLP have presented evidence at two Public Inquiries in Milton Keynes for residential development on the five year housing land supply position.

Roland Bolton presented evidence on the inappropriateness of the Liverpool Method to calculate housing land supply as it was at variance with the National Planning Practice Guidance notes. His research highlighted that the application of a 10% lapse rate for just some of the sites in the current five year supply period was an insufficient response to the Council’s long established over optimistic forecasts for housing delivery. The appeals have yet to be determined.

dlpEvidence presented at Milton Keynes Public Inquiries
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Outline permission secured for residential development for office site at Canal Wharf, Chesterfield.

DLP Planning have secured outline permission for residential development on behalf of the East Midlands Chamber of Commerce for their former office site at Canal Wharf, Chesterfield.

Working with WMA Architects and Wilkins Hammond to secure the retention of Thornfield House as part of the development, members of the Planning Committee voted unanimously to approve the proposals subject to the completion of a legal agreement which has subsequently been agreed. This will enable the Chamber to secure a capital receipt for reinvestment in the region and support growth for the business community.

dlpOutline permission secured for residential development for office site at Canal Wharf, Chesterfield.
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Planning permission secured for 138 new dwellings in Norton, Sheffield

DLP Planning Ltd (DLP) are delighted to have secured planning permission for 138 new dwellings in Norton, Sheffield on behalf of Miller Homes and Sheffield Hallam University.

Planning Committee Members voted to support the Planning Officer’s recommendation to grant full planning permission for the scheme, which will also secure off-site contributions to cricket facilities in the City as well as 46 affordable homes within the development.

dlpPlanning permission secured for 138 new dwellings in Norton, Sheffield
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Planning permission secured for dwelling in Barnsley

DLP Planning Ltd (DLP) have successfully secured full planning permission at appeal, for a single modern dwelling on land to the side of an existing dwelling in Barnsley.

DLP were engaged after an earlier refusal and held on site discussions with a local architect to develop a modern dwelling that responded to challenging land levels and the characteristics of the area to minimise the impact of development on existing residential properties. The design adopted a split-level approach, utilising land levels so the property looked over a flat, green roof. An existing access meant there was no need to create a further vehicular access.

The Council retained the earlier reasons for refusal relating to backland nature of the site and the perceived harmful impact on existing amenity and the modern design, which they considered to be out of keeping with the traditional character of the area.

After being instructed to appeal the decision, DLP Planning argued strongly that the design was innovative and resulted in minimal impact on amenity and that relevant policies did not prevent backland development – only inappropriate backland development which adversely impacted on amenity. The Planning Inspector agreed with this interpreation.

The Inspector also quoted paragraph 60 of the Framework stating,

“Paragraph 60 of the National Planning Policy Framework (‘the Framework’) states that decisions should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. In the absence of particular local distinctiveness and in the varied context of surrounding development I consider that the proposal would not be harmful to the character and appearance of the area.”

As such the Inspector allowed the appeal.

dlpPlanning permission secured for dwelling in Barnsley
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DCLG Consultation on “Planning for the Right Homes in the Right Places.

DLP Planning Ltd (DLP) have submitted their response to the DCLG Consultation on “Planning for the Right Homes in the Right Places. DLP’s key recommendations include:

  • Support the principle of a Standardised Objectively Assessed Housing Needs (SOAN) methodology but as presently drafted, it gamed to lower OANs in areas of high demand. In areas seeking employment growth, Local Authorities will not always seek to match job creation objectives with the appropriate level of housing growth.
  • The introduction of the 2 year “evidence free zone” prior to Examination of a Plan will result in greater rigidity in the Plan system and is likely to result in the Government’s target of 250,000 dwellings per annum being substantially undershot.
  • The alternative to safeguard plans against rising housing requirements from Objectively Assessed Needs for housing (OAN) would be to require plans to include a requirement to identify reserve sites for an extra 20% or a further 5 years of housing land (whichever is lower) and policies to be released in light of higher indicators of demand.
  • The proposed SOAN should be taken further and, for those authorities wishing to take an economic development led approach, guidance on the relevant economic activity rates should also be published. This information could be taken from the Office for Budget Responsibility (OBR) or an adopted or agreed Strategic Economic Plan or City Region Deal. This again would reduce one of the major areas of complexity in economic / job led projections by relying on published data available in the public domain.
  • The provision of a clear methodology / appraisal format would assist in standardising the approach taken to viability appraisal. The basis for some of the inputs included within this approach could then be specified i.e. BCIS as a basis for build cost, 10% for external works (excluding abnormals). The requirement for comparable evidence of sales costs and reference to RICS guidance on non-standard build costs (i.e. abnormals) will also assist.
dlpDCLG Consultation on “Planning for the Right Homes in the Right Places.
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Outline planning permission secured for dwellings on Land North of Middlegate Road, Frampton, Boston

The Strategic Planning Research Unit (SPRU) of DLP Planning Ltd have assisted Freeths LLP in securing outline planning permission for the erection of up to 215 dwellings on Land North of Middlegate Road, Frampton, Boston following a Public Inquiry in September 2017 in Boston on behalf of our clients, Larkfleet Homes.

Roland Bolton of SPRU was an expert witness on Objectively Assessed Housing Need (OAN), and assisted in successfully reducing the five year supply figure. The Inspector stated  “I consider that the 5 year housing land supply would be substantially less than the 3.4 years that the Council suggests and may be closer to that suggested by the Appellant.” (Paragraph 49).

In respect of OAN, in responding to the Council’s argument that the assessment of OAN was unnecessary, disproportionate and could prejudice the examination of the emerging local plan, the Inspector stated that: “a section 78 appeal is not the appropriate vehicle through which to assess the FOAN. This should take place in more depth through the Examination process for the emerging local plan where the examiner would have the benefit of detailed evidence and representations from interested parties. That being said any decision that I should make on this matter, based on the evidence before me, would not prejudice or predetermine the findings of the Examination Inspector.” (Paragraph 44). The Inspector considered “it important to assess the extent of the shortfall, how long the deficit is likely to persist and the steps the authority are taking to reduce it in order to apportion weight to the schemes contribution to increasing the supply of housing” (Paragraph 45).

Paragraph 48 of the decision confirms the application of a 10% lapse rate to be appropriate ;”the appellant has also argued that having regard to the high levels of non-implementation in the borough that a lapse rate of 10% should be applied to the housing supply. I note that the percentage of completions to permissions from 2007/08 to 2013/14 stands at 87% and between 2014/15 and 2017/17 at 47%. Taking account of the large number of small sites which make up the Council’s supply, sites at greater risk of non-implementation, I consider a lapse rate of 10% to be appropriate.”

 It was considered that as Paragraph 14 of the Framework was engaged, the adverse environmental impacts identified would not significantly or demonstrably outweigh the social and economic benefits, in particular the significant contribution to the shortfall of housing in the area. “Even if the housing shortfall was at the level the Council suggests, the adverse impacts of the proposal would not, in my judgement, outweigh the benefits. The proposal therefore constitutes sustainable development as defined in the Framework.”

 The decision notice was issued on 25th October 2017 and outline planning permission was approved.

dlpOutline planning permission secured for dwellings on Land North of Middlegate Road, Frampton, Boston
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Land at Linford Lakes – Further Test of Housing Land Supply in Milton Keynes

Following the refusal of a planning application submitted on behalf of clients, Templeview Developments Ltd, for the development of the land known as ‘Linford Lakes’, Milton Keynes, for residential development, an appeal is to be heard in December against the refusal of Milton Keynes Council (MKC) to grant planning permission for some 250 dwellings (including affordable housing) and the provision of land for an extension to the River Valley Park.

MKC has been criticised for its approach to the supply of housing land, given that it enjoys one of the highest rates of economic growth in the Country and has consistently increased employment levels of leading to high in migration.

MKC also rely upon the Liverpool method of calculation for claiming a very marginal surplus over the 5 year supply figure (5.03 years), and under the normal methodology for calculating land supply (Sedgefield), is significantly below this level. Notwithstanding this however, the site itself broadly accords with planning policy in that it is located at the edge of the existing boundary and is accepted to be both highly sustainable and without impact on ecology, landscape or flooding.

In addition to the development of much needed housing, the proposal also provides for the provision of 60 hectares of land for an extension to the existing River Valley Park, together with funding to provide for habitat creation and safeguarding works and an ‘endowment’ for long term future maintenance.

The land, which is to be conveyed initially to Milton Keynes Council, will be passed to Milton Keynes Parks Trust who will manage and maintain the land for nature conservation and ecology purposes.

dlpLand at Linford Lakes – Further Test of Housing Land Supply in Milton Keynes
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