WEB NEWS - 31 JULY 2006
June/July INTERESTING CASES AND DECISIONS (160k)
LATEST NEWS
DCLG Goes on Holiday
As usual there has been a spate of documents put out by DCLG prior to the August holiday. Some of these are set out as follows
Design & Access Statements
These statements now have to be submitted with every application (except house extensions and change of use applications). These may well vary in length from a few pages to a full report. The attached News Bulletin sets out what they have to cover.
View the Bulletin on Design & Access Statements >> (54k)
Outline Applications
Outline applications can now only reserve the following matters for future approval, layout, scale, appearance, access and landscaping.
Outline applications have to now include:
- Use (s)
- Amount of floorspace in each use
- Indicative layout
- Scale parameters upper and lower limits for height, width and length of each building
- Indicative access points
For further information please contact Erica Mortimer
New Call-In Powers
The Secretary of State has a more extensive list of criteria for calling in appeals. This will now include:
- Residential schemes over 150 units or on sites over 5 hectares;
- Proposals for any form of development of major importance having more than local significance which give rise to substantial regional or national controversy, novel issues of development control or legal difficulties;
- Main town centre use(s) over 9,000 m 2 gross floor area on an edge or out of centre location, which are not in accordance with an up to date development plan which has been prepared in accordance with PPS6;
- Significant development in the Green Belt;
- Major minerals schemes;
- Scheme which another government department has objected to or has a major interest in.
For further information please contact Erica Mortimer or Mike Straw
Planning Obligations
DCLG has just issued two documents which have been long promised:
1. Planning Obligations – Practice Guide – which sets out practical tools and methods for 106 Agreements using case history examples. It covers:
- Types of contributions
- A plan led system
- Improving speed, transparency and accountability
- Formulae and standard charges
- Standard agreement
- Use of independent third parties
- Public involvement
- Unilateral undertakings
- Implementing planning obligations
2. Model Planning Obligations – which is in effect a blank obligation for filling in for a DIY agreement.
For further information please contact Mike Straw or Tony Collins
Mayor's New Powers
A paper has just been launched for a 12 week consultation (ends 2 nd November 2006).
The Mayor is to be given new powers to positively approve strategic applications, to direct changes to London borough' development programmes and to have more control over the capital's housing strategy.
The consultation paper is seeking comments, amongst other things, on:
- The thresholds that define strategic applications requiring referral to the Mayor
- The policy test that the Mayor will need to apply to those applications he considers
Following the consultation period there will need to be new legislation to implement the powers.
View the Bulletin on London Planning Powers >> (59k)
Environmental Impact Assessment - Draft Amended Circular And Guidance
Further Information
Further information of the changes proposed in the amended circular are set out in our briefing note which can be viewed on the attached link:
View the Briefing Note on EIA Draft Amended Circular >> (68k)
New Guide to Good Practice and Proceedings
The DCLG have also published a Guide to Good Practice and Procedures. Information with regard to this can be viewed on the attached link:
View the Briefing Note on EIA Good Practice and Procedures>> (72k)
Opportunity to Comment
Comments on the draft circular and guidance should be sent to the DCLG by 22 September 2006.
For further information please contact Valerie Scott
Retail Mezzanine Floors, Wales
The Welsh Assembly has issued a Consultation Paper suggesting various changes to the Development Control System including a section which deals with Retail Mezzanine Floors
Two options are being proposed:
Option 1: no secondary legislation, the “do-nothing” option;
Option 2: a 200 m2 threshold above which planning permission would be required for retail premises
The Consultation process ends on 28th September 2006 and thereafter the procedure would be similar to England i.e. an Order would be laid before the Welsh Assembly before the law changes.
View the Consulation Paper via the National Assembly for Wales Website >>
Scottish Planning Policy of Town Centres
Not to be outdone the Scottish Executive has launched the new planning policy for town centres and retailing which includes separate definitions for Town Centres and Commercial Centres as follows:
Box 1: Key Definitions
Town Centres:
The term ‘town centre' is used to cover city, town and district centres, irrespective of size, that provide a diverse and sustainable mix of activities and land uses which create an identity that signals their function and wider role.
Commercial Centres:
These centres generally have a more specific focus on retailing or retailing and leisure uses. Examples include out-of-centre shopping centres, commercial leisure developments, mixed retail/leisure developments, retail parks and factory outlet centres.
The sequential test prioritises locations as follows:
Box 3: Sequential Approach
- Town centre sites;
- Edge of town centre sites;
- Other commercial centres identified within the development plan;
- Out-of-centre sites in locations that are, or can be made, easily accessible by a choice of modes of transport.
Notably
Commercial Centres (See Box 1) which are focussed on particular uses, for example shopping and leisure and which are identified in the development plan as part of the network, could provide a suitable location for development. This will be where their function complements that of other centres within the network.
View ‘SPP8 - Town Centres & Retailing’ via the Scottish Executive Website >>
For further information please contact John Stockdale
Planning Policy Statements
The government has issued the following update:
No. |
Subject |
Consultation draft |
Publication |
1 |
Delivering sustainable development |
23/1/04 |
1/2/05 |
3 |
Planning for housing |
5/12/05 |
Autumn 2006 |
4 |
Economic development |
Timing to be decided |
. |
6 |
Planning for town centres |
15/12/03 |
21/3/05 |
7 |
Sustainable development in rural areas |
15/9/03 |
3/8/04 |
9 |
Nature conservation/biodiversity |
8/9/04 |
16/8/05 |
10 |
Planning for sustainable waste management |
6/12/04 |
21/7/05 |
11 |
Regional planning |
13/10/03 |
7/9/04 |
12 |
Development plans |
13/10/03 |
7/9/04 |
22 |
Renewable energy |
5/11/03 |
9/8/04 |
23 |
Pollution control |
2/02 + 7/02 |
3/11/04 |
24 |
Planning and noise |
Timing to be decided |
. |
25 |
Development and flood risk |
5/12/05 |
Later in 2006 |
| . | Climate change |
Later in 2006 |
2007 |
Renewable Energy Targets
Following an announcement the government will now “ expect all authorities ” to include on-site renewable energy policies in their development plans.
There has already been a strong take-up of on-site renewable policy in forthcoming regional spatial strategies and local development frameworks. Most have a 10% renewable target, in line with that pioneered by the London Boroughs of Merton and Croydon.
The announcement comes shortly after London mayor Ken Livingstone said that renewable energy targets for big developments in London should be raised from 10% as set out in the London Plan, to 20%.
GLA Opportunity Area Frameworks
We are able to provide a table which summarises the Mayor's policy position concerning each of the Opportunity Areas in the London Plan. In several cases the Mayor is preparing (has prepared in some cases) an Opportunity Area Framework. In the ever-expanding policy hierarchy the OAFs will fill the policy gap between the sub regional development frameworks and the UDPs/LDFs.
Regional Design Panels
CABE has launched a guide to setting out regional panels that will monitor the design of new schemes. The organisation is overwhelmed by referrals and is keen to devolve some of the design review work to new regional panels. CABE examines around 350 planning applications a year but this is only a small fraction of the total number that it receives.
Several regional panels have already been set up in the last three years, such as the South East Regional Design Panel supported by the Kent Architecture Centre, but more are being added.
Design at a Glance
CABE has issued a new edition of its compendium of design advice. This draws together the most important design-related statements found throughout national policy and guidance.
This is a useful update particularly bearing in mind the need for design and access statements, further guidance on which was reviewed in our previous news letter.
CgMs NEWS
Northern Ireland Retailing
CgMs has been involved in Northern Ireland, clarifying that Toys R Us can operate stores as a bulky goods retailer in two of the Provinces retail parks. The Planning Service has now confirmed CgMs' interpretation of the conditions, allowing Toy R Us to proceed with occupation of the units at Sprucefield, near Lisburn and the Crescent Retail Park in Derry.
For further information please contact Malcolm Honour
Former Kings Arms Public House, Tiptree, Essex
CgMs have been successful in obtaining planning permission at appeal for two schemes (14 no 2 bedroom dwellings and 10 no 2 bedroom and 2 no 4 bed dwellings) involving the redevelopment of the former Kings Arms Public House site for residential use. The appeal was dealt with by way of an Inquiry.
The Inspector ruled that the main issue for both appeals was the effect of the proposals on the character and appearance of the area, having regard to the standard and quality of design. She concluded that the layout of both the schemes relate well to each other and to the surrounding road; that they are both acceptable within the street scene and that they would provide a harmonious group of buildings and achieve a high standard of design. Whereas the Inspector acknowledged that the proposals did not accord in every way to the Essex Design Guide, she did not consider that any conflict with it renders the scheme unacceptable.
A full award of costs was granted to the appellant on the grounds that the Council failed to provide evidence to substantiate their reasons for refusal for both appeals and that unreasonable behaviour, as set out in circular 8/93 was evident.
For more information contact Steve Wilson and Natalie Morris
Energy Efficient Research Building, Cambridge
A further planning permission has been granted at Chesterford Research Park, south of Cambridge. The 3,500 m 2 building, known as Science Village, is designed to provide a range of unit sizes, from one to 16 units and is capable of meeting the needs of science start-up companies and expanding businesses. It adopts a very energy efficient design, with natural ventilation and was designed with an input from the University of Cambridge BP Institute. This continues the development of the Research Park which is owned by Norwich Union Life and Pensions. CgMs advises on planning and archaeology at the Park.
For further information please contact Malcolm Honour
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