July Newsletter in Full (141k)

PLANNING

173 Whitton Road, Twickenham

CgMs acting on behalf of Mr & Mrs S Chisnell provided planning evidence for a successful Judicial Review challenge of a decision by Richmond-upon-Thames Council to grant planning permission for a two storey side and single storey rear extension to the above premises. The challenge was based on Members having being misled into thinking that they were not able to consider issues relating to residential amenity due to the fact that previous decisions made by officers under delegated powers for a similar scheme had not been refused on these grounds.

A further successful challenge was on the basis of the Council failing to give adequate reasons on their decision notice for the grant of planning permission.

Mr Justice Newman in quashing the decision said that Members were entitled to and indeed must exercise their own judgement in these matters and should not be fettered by decisions made under delegated powers by officers.

The application was reconsidered by the Planning Committee at their meeting on the 2nd June 2005 and this time Members overturned the recommendation of their officers and decided to refuse planning permission on grounds of the harm to the amenity of the adjoining residents due to the overly dominant extension and the harm caused to the appearance and character of the street scene.

In reaching their decision the Vice-Chairman of the Planning Committee commented on the fact that she was pleased that the “chains had been lifted” and that Members were free to reach their own decision on the application. She said that she would have refused permission on the previous occasion if Members had not been advised that they could not consider certain matters.

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

TDG, West Hallam, Derbyshire

TDG (UK) Ltd have been successful in obtaining planning permission on appeal for the removal of a planning condition restricting the hours of operation of a major warehouse development at West Hallam, Derbyshire. CgMs acted as planning consultants and provided the planning evidence at the public inquiry.

Direct Wines Ltd who already occupy three warehouse units at West Hallam wish to move to these proposed larger premises but had indicated that they would only take the premises if they could have unrestricted 24 hour 7 day a week use and deliveries.

If permission had not been granted there was a strong possibility that Direct Wines who are a major employer at the site would have sought premises elsewhere leading to a significant loss of jobs. With the new premises employment levels should grow from 200 to 300 staff.

Of particular concern to local residents was the increase in night-time heavy goods traffic on the surrounding rural roads. Noise evidence prepared by Hepworth Acoustics indicated that the increase on levels of noise was unlikely to be discernible and with the employment benefits offered by the proposal the Inspector decided on balance that the appeal should be allowed.

David Elvin QC acted as advocate instructed by Burges Salmon.

For further information please contact: Valerie Scott (valerie.scott@cgms.co.uk)

Barn Success, Contrary to PPS7

The rural division of CgMs Consulting has secured planning permission for the conversion of a barn to residential uses in Cotswold District on behalf of Console Properties.

The barn complex, known locally as Buchanan's Barn, is located 800 metres from the nearest road, set in the attractive backdrop of the undulating terrain of the Cotswolds AONB, near to the village of Broad Campden.

Crucially, whilst PPS7 seeks to control the conversion of isolated barns to residential use, CgMs were able to utilise the 'fall back' position as a material consideration to support the residential conversion.

View the CgMs Project Sheet on Buchanan's Barn (72k)

For further information please contact Nathan McLoughlin (nathan.mcloughlin@cgms.co.uk)

HISTORIC BUILDINGS

Camden Town Underground Station, London – Appeal Decision

CgMs’ Historic Buildings Team first became involved with the Camden Town Underground site in April 2003 when engaged by Camden Lock (London) Limited. Our involvement culminated with Jonathan Edis providing expert witness on the historic built environment at a call-in Inquiry. He focused on the impact of the inquiry proposals on the character and appearance of the Camden Town conservation area and the intended demolition of unlisted buildings within the conservation area, several of which have been identified by English Heritage and the LPA as making a positive contribution. CgMs’ evidence was taken into account and the Inspector refused Conservation Area Consent and planning permission on the grounds that proposals “would have a devastating impact on the character and appearance on the Conservation Area” and that “detrimental impacts would far outweigh any benefits of the above ground scheme and proposals overall”.

For further information on this project please contact Jonathan Edis. (jonathan.edis@cgms.co.uk)

The Drill Hall, Old Market Street, Bristol

CgMs Planning (Housing) is currently representing Crown View Properties Ltd which has an application for the substantial demolition of a former Drill Hall in Bristol and its conversion to form 1 and 2 bedroom flats/maisonettes. The Drill Hall is a c.1914 structure and an application to spot-list it was submitted to the Department of Culture Media and Sport in early 2005. In response, CgMs Historic Building Team made an assessment of the building and determined that it was not of listable quality and applied for a Certificate of Immunity From Listing. The Secretary of State for Culture Media and Sport has now concluded that the Drill Hall should not be listed under Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and has issued a Certificate Of Immunity precluding the building from being listed for a period of five years, therefore enabling the development to proceed.

For further information on this project please contact Sarah O’Connor (sarah.oconnor@cgms.co.uk), Kevin Goodwin (kevin.goodwin@cgms.co.uk) or Alun Evans (alun.evans@cgms.co.uk).

‘Gayfere’, South Norwood

Our historic buildings team have recently sought and secured the delisting of a grade II listed building in South Norwood. CgMs were initially involved in providing a Historic Building Assessment for the owner of the listed building which was used to support a listed building and planning application for substantial alterations to the building. Consent was granted for the works and following advice from CgMs an application was made to the Department for Culture Media and Sport (pre April 2005) to de-list the building. CgMs highlighted that in light of the numerous alterations which had been made to the building in the past and following the recent consents which had been granted, the building no longer satisfies the criteria for listing. The English Heritage advisors report (on which DCMS based their decision) stated that “Gayfere has been too altered and extended from its c.1800 origins to qualify for statutory listing and the part of 1850 additions are not of special architectural interest”, as identified in CgMs’ Historic Building Assessment.

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

English Heritage “At Risk” Register

English Heritage is to create a new, comprehensive “At Risk” register. The register will include all buildings, monuments and landscapes that are under threat, covering all grades.

English Heritage’s chief executive Simon Thurley claims that the register, which forms part of the government’s drive to transform the image of conservation, is a positive step. “Despite huge strides made over the last few years we (English Heritage) are still often perceived as people against change and against progress” said Thurley.

“The result is a confrontational system where there seems to be a stark choice between conservation and development and where it is harder to get a result that actually enhances and improves this country thereby preserving our heritage and improving people’s quality of life”.

Thurley has called for a new code of constructive conservation within English Heritage, hinged on respect, understanding and consent. “This will be more powerful than one that is perceived as arbitrary and opaque.”

The comprehensive “At Risk” register is just one of EH’s recent campaigns. Numerous reforms in the planning system are being considered, including the unification of consent regimes and a new suite of conservation principles that attempt to guarantee more consistent and explicable decision-making.

CgMs will continue to keep abreast of the latest changes within English Heritage and advise our clients accordingly.

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