News

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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DLP Appointed to Undertake Strategic Housing and Economic Land Availability Assessment for Southend-on-Sea Borough Council

DLP Planning Ltd (DLP) are pleased to announce that we have been appointed by Southend-on-Sea Borough Council to undertake a Strategic Housing and Economic Land Availability Assessment (SHELAA). The commission builds upon DLP’s existing experience working with Local Authorities in the preparation and assessment of a variety of evidence base documents which inform the development of emerging local plans.

The study will provide a robust assessment of available housing and employment sites in the Borough by looking at the availability, suitability and achievability of land for possible development. The assessment will form a key part of the evidence base supporting the preparation of the new Southend Local Plan.

DLP are looking forward to working with Southend-on-Sea Borough Council to update this key evidence base document.

dlpDLP Appointed to Undertake Strategic Housing and Economic Land Availability Assessment for Southend-on-Sea Borough Council
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Demolition of Former Clayton Hospital Site for Redevelopment through a Phased Masterplan

DLP Planning Ltd entered pre application discussions with the Local Planning Authority, in January 2016. With the information used to inform a formal outline planning application for demolition and redevelopment of the site within the St Johns Conservation Area in Wakefield. The redevelopment was to be phased over a 10 year time frame to allow several stages of fund raising for the new facilities which included a sports hall, swimming pool, performing arts centre, together with outside sports pitches and additional teaching facilities.

Clayton Hospital had been abandoned by the NHS in 2012, with the site left to become rundown and vandalised on several occasions. As the site falls within the Conservation Area and the buildings are locally listed, it was imperative the redevelopment proposals be robust and be subject to consultation.  The planning case was made on public and economic benefits outweighing the harm resulting from demolition of a locally listed building (Paragraph 133 of the National Planning Policy Framework). The scheme would provide an attractive boulevard through the centre of the site, linking two main roads and providing a public square in the centre. The new teaching and sports facilities would also be made available to the public by way of a community use agreement. A robust design code and landscape masterplan was devised with DLP working closely with Bond Bryan and ARES Landscape Architects to demonstrate that the scale, design and materials used would be of high quality and in keeping with the Conservation Areas character.

An economic case was also presented, the Grammar School having 2000 pupils and over 500 members of staff are a key economic contributor to the City of Wakefield. In summary, the proposals would bring forward regeneration of dilapidated and under-utilised site, providing high quality facilities to the benefit of key employer in the local economy. For these reasons outline planning permission was granted at Planning Committee on 2nd August 2017.

dlpDemolition of Former Clayton Hospital Site for Redevelopment through a Phased Masterplan
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Planning Permission for a New Office Building and Ancillary Industrial Units in South Cambridgeshire

DLP Planning Ltd working with Martindales Architects has secured planning permission for a new office building incorporating ancillary industrial units and associated signage in the South Cambridgeshire countryside.

The site, which is previously developed land, is of strategic importance to the business model of our client and plays a key role in the strategic operations of the company and the growth and expansion of the business.

The proposal would provide a new permanent office building with client meeting facilities together with ancillary industrial units for mixed use B1a, B1c & B8.

A Business Case Statement prepared by the Applicant was submitted with the application to demonstrate the growing number of project commitments that our client has in the Cambridgeshire area, and the important role that the site plays in supporting the growth of the company.

DLP Planning Ltd successfully demonstrated that the proposal would make efficient use of a previously developed site, and would support the local economy through providing employment and the expansion and growth of a local business with strong links and connections to the area.

The Council agreed that the clear economic benefits to the local economy weighed in favour of the application, and found no other undue harm or constraints that would prevent development on the site.

dlpPlanning Permission for a New Office Building and Ancillary Industrial Units in South Cambridgeshire
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Planning Permission Secured for Gas Power Electricity Generator

On the 4th October 2017, DLP Planning Limited secured planning permission on behalf of our client, Clearstone Energy for a gas powered electricity generator and related infrastructure on land at Worset Lane, Hartlepool.

The development proposals are for a purpose built structure containing 11 gas engine generation sets that will generate approximately 49.5MW. This building has been designed to visually suit an agricultural setting with robust landscaping.

The Climate Change Act 2008 sets out a duty for the Secretary of State to ensure that the net UK carbon account for the year 2050 is at least 80% lower than the 1990 baseline. The Energy Act 2013 puts in place measures to attract the £110 billion investment which is needed to replace current generating capacity and upgrade the grid by 2020, and to cope with a rising demand for electricity.

Planning is embedded within our transition to a low carbon economy. In the face of climate change, greater energy security and fuel poverty, we need a robust strategy which demonstrates leadership and inspires confidence. 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 ability to deliver a modest form of low carbon energy is a material consideration that needs to be attributed significant weight in the planning balance.

Whilst functional requirements to connect to the network dictate siting, a number of other factors were considered as part of the initial scoping process including national and local planning policy, visual amenity, landscape character and proximity to sensitive uses. Those sites which are considered to have planning merit are then taken forward to a pre-application enquiry with the Local Planning Authority to explore if these development proposals could be positively promoted through the planning process.

These development proposals 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. Development would not be viewed in isolation, but rather as additional infrastructure which is similar in character, form and operation to existing utilities off Worset Lane. The very nature of the development proposals is to underpin investment in the local economy and increase sustainable energy production.

dlpPlanning Permission Secured for Gas Power Electricity Generator
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DLP Appointed To Undertake Employment Land Review For The Dartmoor National Park Authority

DLP Planning Ltd (DLP) are pleased to announce that we have been appointed by Dartmoor National Park Authority (DNPA) to undertake an Employment Land Review. The commission builds upon DLP’s existing experience working with Local Authorities in the preparation and assessment of a variety of evidence base documents which inform the development of emerging local plans. The study will provide a robust assessment of employment demand and supply to provide clear recommendations on the need to safeguard existing sites and potentially allocate new provision.

DLP are looking forward to working with DNPA to ensure that a targeted approach to nurturing economic growth is balanced with the need to conserve and enhance the natural beauty, wildlife and cultural heritage that are intrinsic to the special qualities of a National Park.

dlpDLP Appointed To Undertake Employment Land Review For The Dartmoor National Park Authority
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Outline Application Submitted on Behalf of Wiltshire Council for Major Town Centre Regeneration Scheme in Trowbridge

DLP Planning Ltd are pleased to announce that we have submitted an outline planning application for the redevelopment of a major site in central Trowbridge on behalf of Wiltshire Council.

The 2.3 ha site known as ‘East Wing’ sits between the County Hall and the River Biss and was identified in the Trowbridge Masterplan as a ‘key opportunity site’ and a strategically important regeneration opportunity. The site is currently being used as a staff car park as Council offices previously occupying the site have been demolished. A large vacant building known as ‘Chapmans’ also remains but is to be demolished as part of the proposals.

Working with a number of consultants, including AWW Architects who were responsible for producing the masterplan, DLP lead the consultant team and managed the preparation of the outline application. The mixed uses proposal includes:

  • New urgent care health facility for Trowbridge;
  • New leisure centre, with the potential for a swimming pool and diving facilities;
  • Provision of a range of retail/ café units;
  • Mix of flats to including, open market, affordable and retirement living units;
  • Provision of a family pub;
  • New pedestrian footbridge across the River Biss, to link the site to the town centre; and
  • New walkway along River Biss corridor.

The intention of the project is to deliver a high quality, vibrant, mixed-use development, which supports the overall vision for the town centre. Wiltshire Council are also looking for this development to promote an attractive route into the centre of Trowbridge, including the location of a new pedestrian bridge and maintaining future opportunities to open up the River Biss Corridor.

DLP supported a public consultation event last week and were there to answer any queries from the local community and interested stakeholders. We will continue to work proactively with the Case Officer to ensure a timely decision is achieved.

Image courtesy of  AWW Architects

dlpOutline Application Submitted on Behalf of Wiltshire Council for Major Town Centre Regeneration Scheme in Trowbridge
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