WEB NEWS - 30TH OCTOBER 2003

APPELLANTS BEWARE

New legislation that came into force on 5th September could have far reaching consequences for potential appellants. Largely unheralded came the news that applicants will now have only 3 months in which to lodge an appeal against a refusal instead of the previous 6 month period. This legislation relates to all applications for planning permission and listed building and conservation area consent that are submitted after 5th September 2003.

PROPOSED CHANGES TO PPG3: HOUSING

The government is proposing changes to PPG3 (Housing) with regard to affordable housing and the re-allocation of employment and other land to housing. It has published the proposed changes for consultation with responses are invited by 31 October 2003. We summarise the changes below:

1. Influencing the size, type and affordability of Housing

The affordable housing section is intended to replace Circular 6/98 (Planning and Affordable Housing), with much of the detailed guidance from the circular to be provided separately in a new 'Practice Guidance' format.

The proposed aim is to provide a policy framework that will secure more affordable housing as part of a more timely delivery of housing numbers. The most significant changes are summarised below:

a) Assessing Housing Need

There should be up to date housing needs assessments.

b) Provision of Affordable Housing

The following should be assessed:

• The cost of bringing sites to market, including implications of competing land uses.
• Making realistic assumptions on levels of public subsidy available.
• Taking into account the need for the proposed development to be attractive to financial backers.
• Avoiding prescription of tenure.

Most significantly the revised guidance sets new lower thresholds for affordable housing provision as follows:

• Not normally to be sought on sites of less than 0.5 hectares or developments of less than 15 dwellings.
• Where sought on smaller sites, this should be justified in the Local Plan having regard to the size and type of sites likely to come forward, derived from its Urban Housing Capacity Study as well as the contribution to be made from such smaller sites.

2. Supporting the delivery of new housing

There is encouragement given to the reallocation of employment and other sites to housing. This is seen as particularly the case where Local Planning Authorities have yet to complete a review of its non-housing allocations.

The revised PPG3 indicates that Local Planning Authorities should consider such planning applications favourably unless:

• The proposal fails to reflect the policies of PPG3
• The proposal would undermine the Local Housing Strategy where this is up to date, in particular if it would lead to over-provision of new housing where this would exacerbate, or lead to low demand.
• It can be demonstrated, preferably through an up to date review of employment land that there is a realistic prospect of the allocation being taken up for its stated use in the plan period or its development for housing would undermine regional and local strategies for economic development and regeneration.

3. Comments on the new PPG

CgMs will be preparing comments on the draft PPG for submission by 31st October. If you would like us to advise you on this please contact Kevin Goodwin (kevin.goodwin@cgms.co.uk)

LISTED BUILDINGS

The Department of Culture Media and Sport (DCMS) is currently reviewing legislation and guidance for development within the historic environment. Draft proposals include a single list of buildings and monuments, statutory powers for English Heritage (rather than DCMS) to maintain the list, and a right of appeal against listing decisions. CgMs is currently preparing a response to the consultation paper, and we welcome comments from our clients and colleagues. The deadline for responses is 31st October2003.

If you have a particular interest in listed buildings and conservation areas please contact Jonathan Edis (jonathan.edis@cgms.co.uk).

OUT OF TOWN R&D PARK IN CAMBRIDGESHIRE

CgMs has achieved planning permission for 9,940m2 (107,000sq.ft.) of new floorspace at the Chesterford Research Park site, between Cambridge and Saffron Walden. It provides additional research and development space in 3 new buildings and a Central Facilities building for the Park. The applications were approved by Uttlesford District Council in July/August 2003. The client is Norwich Union Life and Pensions Ltd. The development comprises:

• A research building for Medivir Ltd of 2,350m2 . Permission for this was obtained in less than 2 months from submission of the application.
• A Central Facilities building of 2,180m2 for the Park providing meeting rooms, restaurant, gym and accommodation for the Park management.
• A research building of 3,970m2 .
• Start-up research units of 1,440 m2.

NEW AUTISTIC SCHOOL IN NORTH LONDON

The London Borough of Haringey has resolved to grant planning permission for a new school of 3,300m2 for The TreeHouse Trust. The school will enable TreeHouse to relocate its specialist school for children with autism and communication disorders from its present inadequate premises in Camden. There were a number of important planning issues to address because the site is open land, has a local ecology designation and is within a Conservation Area. A comprehensive pre-application public consultation exercise was carried out which identified a good measure of local support. An overriding need was demonstrated and TreeHouse was able to show that it had undertaken an exhaustive search for alternative sites. CgMs advised TreeHouse throughout the process.

For further information on both these projects please contact Malcolm Honour (malcolm.honour@cgms.co.uk)

UNANIMOUS SUPPORT FROM HARROW FOR 96 HOUSES IN THE GREEN BELT

The Harrow Development Committee have voted unanimously to approve the layout and design of the scheme proposed by Laing Homes for the former Government Buildings site on the edge of the Green Belt at Brockley Hill Stanmore. Having previously advised the PSA on securing outline permission, CGMS worked with Robert Hutson architects on bringing forward a detailed scheme that was approved on the 15th October 2003. CGMS Heritage Group are resolving the archaeological issues arising from the proposed development.

For further information please contact Richard Tilley (richard.tilley@cgms.co.uk)

OUT OF TOWN RETAIL

All retailers and out of town retail park owners need to be aware of a recent appeal decision which means that the construction of a mezzanine in an existing store, be it for sales or storage purposes, does not breach a maximum floorspace condition, unless there is condition expressly prohibiting mezzanines.

For further advice please contact John Stockdale (john.stockdale@cgms.co.uk)

SOME NEW CGMS INSTRUCTIONS

• The Historic Buildings Team has been instructed to undertake a Residential Capacity Study at RAF Bicester, Oxfordshire. RAF Bicester is the best preserved World War 2 base in Britain and is a site of international significance.
• Further to our well received building analysis and recording of aircraft hangers and additional structures at New Greenham Park, Berkshire, the Historic Buildings Team has now been commissioned to undertake the full recording and analysis of the entire structural complex at the Former RAF/USAF Base.

For further information on both of these please contact Jonathan Edis (jonathan.edis@cgms.co.uk)