WEB NEWS - 28 FEBRUARY 2005

PLANNING

Chisnell v Richmond Upon Thames
A Judicial Review challenge to a decision by Richmond-upon-Thames Borough Council to grant planning permission to a substantial single, two-storey and roof extension at 173 Whitton Road was successful on two grounds. CgMs Ltd acted for the adjoining residents in preparing objections to the proposed development and obtaining a legal opinion with regard to the merits of a challenge by Judicial Review. They also provided the instructions for the Solicitors. Valerie Scott of CgMs Ltd acted as Planning Witness.

The Judgement involved two important matters of planning procedure which should have far reaching effects.

Firstly, the weight to be put on previous decisions of the Council when these have been made under officers' delegated powers and Members have not themselves had the opportunity to consider important matters raised by objectors, including matters of judgement such as impact on residential amenity or design issues. Members are allowed to make their own decisions with regard to these matters and are not bound by previous decisions of the Council made under officers, delegated powers.

The second successful ground of challenge is one that should have wide reaching effect and relates to the need for Councils to make it clear in their decision notices why they have reached the decision to grant planning permission. The public should not be put through a paper trail to find out the reasons for decisions, and reference to minutes and Committee reports that are not part of the statutory register is not acceptable in the majority of cases.

The Judge said that it was good for Members to go through this intellectual exercise in the light of the approach that the law requires.

For further information please contact Valerie Scott on valerie.scott@cgms.co.uk

307-309 Beulah Hill, Croydon
On 27th January 2005 Members of Croydon Planning Committee granted planning permission for a wholly affordable housing scheme for Kitewood Estates Limited at 307-309 Beulah Hill, Croydon.

The development comprises 37 affordable housing units to be built in three well-designed buildings set in an attractive landscaped setting. The scheme is expected to achieve an excellent ecoHomes rating.

Members were extremely complimentary about the design and layout of the proposed developed and voted unanimously in favour of the scheme despite several objections from local residents.

Issues that were of particular relevance in this case related to the level of car parking which at 72% is below the Council’s normal standard. Members accepted this level of provision having regard to the requirements of the RSL, and the reasonable level of public transport accessibility and the need for sustainability.

The density of the development at 281 habitable rooms per hectare was well above the density of surrounding development but within the new density guidelines set out in the review of the Unitary Development Plan.

Sustainability is of particular importance to the Council and the applicant, Kitewood Estates were keen to demonstrate that they could meet the Council’s new planning policies. These require in all cases 10% renewable energy and in the case of high density development require that developers seek to achieve an excellent ecoHomes rating. This is a difficult task particularly in a suburban location and the architects, Prime Meridian worked with ECD project services to achieve these requirements.

The late objection from the Norwood Society to the scheme on grounds that this was 100% affordable housing scheme and therefore did not provide an appropriate balance between private and affordable housing and would put stress on local services was quickly dismissed by Members who are obviously keen to encourage the provision of more affordable housing in the Borough.

It is unusual for Members of the Planning Committee to vote unanimously in favour of developments particularly when there is public opposition and we very pleased with the successful outcome of this scheme.

For further information please contact Valerie Scott on valerie.scott@cgms.co.uk

Northumbria House, North Shields
On 9th February 2005, North Tyneside Council raised no objection to the Home Office's proposal to relocate and enlarge it’s Reporting Centre to the ground floor of Northumbria House, North Shields; a reporting centre is a facility where asylum seekers report to during the period in which their asylum applications and appeals are being processed. The Home Office have had offices in North Shields for 20 years and have operated a Reporting Centre from the Town for over three years. This proposal will enable the Home Office to modernise and improve the existing facility, benefiting it’s staff and the asylum seekers based in the North East.

The Crown, in this instance the Home Office, cannot submit a planning application and therefore cannot secure planning permission for any proposal. Therefore, North Tyneside Council's decision to raise ‘no objection’ to the Reporting Centre proposal was, in effect, the same as granting planning permission.

For further information please contact John Brooks on john.brooks@cgms.co.uk

Chesterford Research Park, Essex
A further phase of development has been approved at Chesterford Research Park. CgMs is advising Norwich Union on the Park and has obtained a series of consents for additions and alterations. The latest permission is for a two storey laboratory building of 3,900m2. Chesterford Research Park is based around a Victorian country house and provides a parkland setting for a variety of research companies. There is scope for a number of additional new buildings. The Park lies between Saffron Walden and Cambridge, close to the M11. CgMs has also been advising on a programme of archaeological work.

For further information please contact Malcolm Honour on malcolm.honour@cgms.co.uk

150 - 164 Goswell Road, EC1 - Waltham Forest Friendly Society
Permission was attained at appeal for the change of use of the first and second floors of this building to residential use. A mixed use office and residential scheme was completed on this site in 2003, however the office floor space at the upper floors proved difficult to let. Islington sought to resist the change of the floor space to offices use. At the Hearing the Inspector agreed the proposal would not harm employment land supply, would contribute positively towards the character of the Conservation Area and that an acceptable residential environment would be created.

For further information please contact Matthew Roe on matthew.roe@cgms.co.uk

GENERAL

Floor Space Resrictions Bite Even Though Mezzanines are not Expressly Banned
A recent case in the High Court involving Land Securities has turned accepted wisdom on the effectiveness of planning conditions to control floor space in retail developments on its head.

Read Briefing Note in Full (80k)

Planning Policy Statement 6 : Planning for Town Centres
On the 21 st March 2005, Planning Policy Statement 6 Planning for Town Centres (PPS6) became national policy, replacing Planning Policy Guidance 6 (PPG6): Town Centres and Retail Developments.

Read Briefing Note in Full (89k)

ARCHAEOLOGY

Blatherwyck Hall, Northamptonshire
Demolished in 1948, Blatherwyck Hall, was just another country house turned into hard core after the depredations of the army during the Second World War. Today, however, the site of the Hall is the focus of plans for a new country house to be designed by architects Francis and Quinlan Terry. Located close to the watershed between the Rivers Nene and Welland the site is in an idyllic spot amidst the remains of the 18th century gardens. CgMs is presently carrying out an archaeology Desk Based Assessment, geophysical survey and trial trenching on behalf of the owners in support of a planning application to East Northamptonshire District Council.

For further information please contact Mike Dawson on mike.dawson@cgms.co.uk

The 18 th century house designed by Thomas Ripley, demolished in 1948.

The stable block at Blatherwyck, listed grade II, survived the demolition of the hall 1948 and has been used as an agricultural store until the present day.

GENERAL

Institute of Field Archaeologists Annual Conference 2005, University College Winchester
Rob Bourn has co-organised a day-long session examining current issues on highways related archaeological issues at the 2005 IFA Annual conference to be held at the University College Winchester 22nd –24th March. CgMs is sponsoring the session and the details are as follows:

A Journey Through the World of Highway Archaeology
Almost all the opportunities and problems presented by archaeological endeavour are encountered when managing the cultural heritage issues of road schemes. The very size of the budgets, risks and physical transformation of the landscape brings all these issues into sharp focus. Moreover the momentum of each road-building programme and the individual schemes mean that all the issues must be resolved, one way or another, for good or ill.

Yet, as probably the largest single source of expenditure on cultural heritage investigation in the UK, providing information on a wide range of localities and topographic regions, the potential for generating archaeological questions and answers is immense. This session will not be a 'show and tell'. It will look at the archaeological philosophical and practical issues raised by highway programmes, ponder on the heritage of roads themselves and challenge a number of speakers (archaeologists, road builders and curators), to identify how the huge time and financial budgets can benefit archaeology, wider society and the road construction industry.

Part 1 – Principles and challenges
Planning and preparing a highways scheme
Evaluation of the impact on cultural heritage from road schemes - the future
Antonia Glyde, Highways Agency

Cultural Heritage, highways and contentious issues
The A303 Stonehenge Improvement: Andrew J Lawson
Andrew J Lawson, on behalf of the Highways Agency

Cultural Heritage, the road building industry and procurement methods
Road Schemes – from D & B to ECI
Mike Dawson, CgMs Consulting

Who is who - roles and responsibilities
Between the Black Top and the Old Stuff
Kev Beachus, Jacobs Babtie

Research agenda and methods
Delivering efficiency and value for money - theory into practice
Stuart Foreman, Oxford Archaeology

The national picture
Discovering Ireland through highways schemes
Speaker to be confirmed, the National Roads Authority

Part 2 – Realising the potential
The academic view
Road schemes: archaeology and its afterlife
Dan Hicks, Bristol University

The curatorial view
Methods and Management: the curator's perspective of road
Kasia Gdaniec, Cambridgeshire County Council

A road-builder’s view
Highways construction – a compliant industry
Speaker to be confirmed, Balfour Beatty Major Projects

The national view
English Heritage: developing networks for the heritage
Jenny Frew and Ian George, English Heritage

HISTORIC BUILDINGS

Hawks Hill House
Our historic buildings team have recently been successful in achieving planning consent by way of Written Representations Appeal for the demolition of an unlisted building within a Residential Area of Special Character in Leatherhead, Surrey. CgMs provided a Statement to support the Appeal for the demolition of the substantial Victorian residence and its replacement with two new blocks, each of 8 apartments. The Planning Inspector resolved that although the earliest property in the area, that there was no evidence to suggest the building was of particular historic or architectural value.

For further information on this project please contact Tina Garratt tina.garratt@cgms.co.uk