Bulletins and Flyers

Community Infrastructure Levy (CIL) regulations now in force.

The Community Infrastructure Levy(CIL) is a new charge which local authorities in England and Wales will be empowered, but not required, to levy on most types of new development in their areas. The proceeds of the levy will provide new local and sub-regional infrastructure to support the development of an area in line with local authorities’ development plans. This identified local and sub regional infrastructure sought could include new schools, hospitals, roads and transport schemes, as well as libraries parks and leisure centres.

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Draft Planning Policy Statements published to help combat climate change and reduce carbon emissions.

Housing and Planning Minister, John Healey, announced on 9 March 2010 three new draft Planning Policy Statements for public consultation in relation to helping to combat climate change and reducing carbon emissions through the English planning system.

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PPS5 - "Planning for the Historic Environment" published

Housing and Planning Minster John Healey published on 23 March Planning Policy Statement (PPS) 5 "Planning for the Historic Environment". The new PPS now replaces former Planning Policy Guidance Notes 15 (Planning and the Historic Environment, published in September 1994) and 16 (Archaeology and Planning, published in November 1990). PPS5 is also supported by guidance prepared by English Heritage and explains how councils and developers can apply the new policies. The PPS is now a material planning consideration in the determination of planning applications.

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Infrastructure Planning - a new regime

The Infrastructure Planning Commission is an independent body, established by the Planning Act 2008 to make decisions on applications for nationally significant infrastructure projects. It came into being in October 2009 and will begin receiving applications on 1st March 2010.

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Conservatives announce radical overhaul of the English Planning System

Launching the Planning Green Paper David Cameron said: "We have a real problem with the planning process in our country. Whether it's building new housing developments or giving the green light to new business parks or leisure facilities, the whole process can be divisive and frustrating......with developers, residents, councils and all interested parties fighting it out and things either never getting built or causing massive resentment when they do..."

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PPS4 "Planning for Sustainable Economic Development"

Communities and Local Government published in late December 2009 the final version of PPS4 "Planning for Sustainable Economic Development."" We previously reported on the consultation draft of this PPS in our bulletin in the summer of 2009.

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DCLG announces additional changes to the English Planning System

Communities and Local Government published for consultation in December 2009 until 19 March 2010, proposed changes to the English Planning system aimed to improve the delivery of sustainable development and help remove further administrative burdens of the planning system on business and house builders.

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Advertisement Consent: Are you having problems obtaining it?

With the advent of increasingly protective planning policies on the provision new advertisements within town centres, major retailers are encountering problems achieving consent for their corporate brand signage. We know that the provision of such signage is vital to ensure maximum visibility in an increasingly competitive market.

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Proposed Conservative Planning Policy

With the general election only months away and as the party conferences are over, we summarise in the attached bulletin the Conservative Party's proposed changes to the English Planning system in the event that they become elected. 

Contact Richard Tilley or Mike Straw

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Competition Commission’s final decision on the Competitiveness of the Grocery Retailing

The Competition Commission is recommending to Communities and Local Government the introduction of a "competition test." It is proposed that planning applications for extensions to existing grocery stores or for new grocery stores of over 1,000 sq m net sales area will have to pass the test before consent should be granted by the Local Planning Authority.

Contact Malcolm Honour, John Stockdale of Peggy Hui.

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DRAFT PPS15 - How will it affect the renewables sector?

Observations On Draft PPS15 “Planning For The Historic Environment” And Draft “Historic Environment Planning Practice Guide”.

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Mayor’s Draft London Housing Design Guide

The Mayor has published a Draft Housing Design Guide as part of his London Housing Strategy. This document is intended to promote excellence in design quality and sustainability.

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Planning Inspector rules that Data Centres are a B8 Use

As industrial agents, you might be considering letting vacant warehouse units as data centres. However, the question often arises as to whether the data centre requires planning permission because some Local Planning Authorities consider that data centres are a use class of their own - i.e. “sui generis” and not Class B8 - storage use.

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Environmental Impact Assessment (EIA) and Environmental Statements (ES).

EIA is a procedure that must be followed when seeking planning permission for certain types of development. The requirement for EIA comes from a European Directive (85/33/EEC as amended by 97/11/EC). The procedure requires the developer to compile an Environmental Statement (ES) describing the likely significant effects of the development upon the environment and proposed mitigation measures. The ES must be circulated to statutory consultation bodies and made available to the public for comment. Its contents, together with any comments, must be taken into account by the local planning authority before it may grant consent.

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Proposed changes to the General Permitted Development Order (GDPO) for non residential development announced by Communities and Local Government.

Communities and Local Government have issued for consultation until 23 October proposed changes to the General Permitted Development Order (GDPO)for non residential development. The consultation paper seeks to reduce further the need to have to apply for planning permission for minor development - such as altering shop fronts or extensions to existing office, industrial and warehouse buildings.

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Draft PPS15 - Planning for the Historic Environment

The Department of Communities and Local Government published for consultation on July 24th until 30 October, draft Planning Policy Statement 15 entitled "Planning for the Historic Environment." This guidance will replace existing guidance in the form of PPG15 (Planning and Historic Environment) of 1994 and PPG16 (Archaeology and Planning) of 1990.

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Proposed changes to extant planning permissions

In response to the recession and its impact upon the property development industry, Communities and Local Government is proposing the following changes to extant planning permissions where:
  • The permission is soon to lapse because development has not yet commenced and;
  • "Minor" and "Non material" amendments are sought to the extant consent.

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Crossrail

Crossrail is the proposed new railway running through central London. It will connect with existing rail routes east to west and will have 38 stations and run for approximately 118km.

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New Appeal Guidance

Significant changes to the appeal system have been brought in by the Planning Inspectorate due to the new requirements introduced by the 2008 Planning Act. This took effect on 6 April 2009.

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East Midlands Regional Plan

On 12th March 2009 the Government published the East Midlands Regional Plan. The plan covers the counties of Derbyshire, Leicestershire, Lincolnshire, Northamptonshire and Nottinghamshire and includes the unitary authorities of Derby, Leicester, Nottingham and Rutland as well as the Peak District National Park.

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Killian Pretty Review

Communities and Local Government responded in March 2009 to the Killian Pretty Review of how the English Planning system can be improved so as to help to deliver the Government’s sustainable development agenda.

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Revisions to Call In Procedure.pdf

On the 30th March 2009 the Government published a new Circular (Circular 02/2009) setting out, in a single document, the types of development on which local planning authorities in England are directed to consult the Secretary of State, under Section 77 of the Town & Country Planning Act 1990, before granting planning permission.

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South Downs National Park Designation

The South Downs area has been given national park status almost 60 years to the day since it was recommended, and in the year which sees the 60th anniversary of the legislation which established National Parks.

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The South East Plan

The South East Plan has been approved by the Secretary of State in May 2009. The South East Plan is the Regional Spatial Strategy for the South East region of England for the years of 2006 - 2026.

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The Taylor Review

The Government’s response to the Matthew Taylor Review, entitled “Living Working Countryside” was published on 25 March 2009. This planning bulletin summarises the Government’s response and gives our assessment of that response.

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The Planning Act

The Planning Act received Royal Assent on 26th November 2008 which was a year to the day from when the Bill was first introduced by the Government.

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Twin Track Application

Twin Tracking - This is the process where two of identical planning applications are submitted at the same time to a local planning authority (LPA) for determination.

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Insolvency Practitioners

Are you finding that in these challenging times you are coming into contact with buildings, land or sites that you feel could have development potential? We know that you, as insolvency practitioners have a responsibility to maximise value from assets for shareholders and we can help you do that by realising value through the planning process.

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Development Viability Assessment

The viability of a development scheme has always been and is now, more than ever, a prime consideration in deciding whether to undertake that development.

Viability frequently becomes critical when Section 106 planning obligations sought by Local Planning Authorities are considered excessive and unreasonable having regard to the nature of the development proposed.

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Government and Public Services

CgMs has extensive experience in negotiating planning permission for a range of specialist and sui generis uses for the Crown and other public sector bodies including police authorities. We have worked on behalf of the Home Office, immigration and prison services for more than ten years, advising them on negotiating planning permissions for specialised applications across the UK.

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Industrial Warehousing

CgMs has extensive experience in negotiating planning permission for all forms of industrial, warehousing and related development including Trade Parks. Additionally, we are frequently involved in persuading planning authorities to grant permission to alternative non-B Class uses such as car showrooms and residential. We have expertise in undertaking employment land availability studies. The team has also been successful in negotiating changes within the sector, for example to B8 where the Council are concerned about low employment generation and from B2/B8 where a Council wishes to preserve this particular type of employment. The team has also prepared and agreed with LPAs planning briefs, for the development of sites prior to disposal.

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Local Development Order

Fed up with planners creating obstacles, adding unnecessary costs and delays to managing your industrial portfolio so as to meet tenant requirements or future corporate business property needs? Sounds familiar?

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Local Development Order - Education

Is the planning system adversely affecting your ability to deliver improvements to your college or university estate?

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Local Development Order - Healthcare

Is the planning system adversely affecting your Trust’s ability to deliver its future health care programmes?

Read this Bulletin in full (830k) >>

Local Development Order - Ports

Fed up with those planners creating obstacles, adding unnecessary costs and delays to managing your operational requirements to improve your port facilities?

Read this Bulletin in full (661k) >>

 

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