Self Build housing is very much in the news, particularly with the extra support it is being given by central government.

And many people after watching TV shows such as Grand Designs see Self Build as the perfect way of building their dream home.

And if you are thinking of Self Build one thing you must get right in the earliest stages is planning permission. Over the years we have come across many people who have found what they think is the right location for their dream home, bought the land, and engaged an architect to prepare designs only to find out that they cannot obtain planning permission. This may be because it is in Green Belt, or other protected open land, or it may be the site of old farm buildings now considered abandoned and not suitable for redevelopment.

When this happens it can be one of the most devastating events in a persons life – much money has already changed hands and dreams are literally shattered. But these pitfalls are so easy to avoid. How? By making planning the first thing you investigate once you have found a site.

And this is relatively easy to do. Most local councils these days publish their Local Plans or Local Development Frameworks on line. From these pages you will be able to establish the planning policy relating to your particular site, and whether a house would be acceptable in planning terms. But don’t leave things here. Ring the Planners responsible for planning policy to double check. Talk through with them the planning policy relating to your potential site, ask about any particular policy issues your planning application will have to address, ask if policy is likely to change, and ask if the local planning authority have any other non-planning policies, or know of any other issues that could affect the site and its development for housing.

You will probably want to know what the council’s plans are for the land in the area of your potential new home so check this out at the same time.

If you find this daunting you may want to engage a planning consultant to ask the questions for you. You may even want to engage a planning consultant to help in your site search. And if you do engage a planning consultant make sure they are chartered town planners recognised by the Royal Town Planning Institute (RTPI) – look for this logo:

Many people, even those who are not planners, will tell you they can get planning approval. But only chartered town planners come with the RTPI’s seal of approval. So be careful you wouldn’t employ a plumber to do the wiring on your dream home!

Once you have satisfied yourself there is every prospect of securing planning approval it is time to negotiate to buy the site subject to receiving that planning approval, and begin working on the thing that probably got you in to this in the first place – the house design! But even now, you cannot forget the fact you still need that all important planning approval. And there is still plenty to be done on this.

Unfortunately, this is not just filling in some forms and submitting your architects drawings. You will probably need a Design and Access Statement, you may have to deal with Community Infrastructure Levy issues, you may be asked for specialist reports on ground conditions, noise, or ecology to name just three. And remember if you do need help the experts in pulling all this together and submitting your application are chartered town planners.

Once your application is submitted you should feel like you are getting somewhere. But don’t forget you may have to deal with questions from the planning officers, neighbours may object, statutory consultees may have comments all of which will need to be dealt with and may entail amendments to your original application. And as that all important Planning Committee date draws near you may need someone to stand up at the meeting to stress the quality and benefits of your proposal. And, hopefully, you get the answer you want a planning approval.

Now you can breathe a sigh of relief: site bought; house designed; planning approved. Just the contractors to deal with now! Oh and before we forget Building Regulations!

So if you are thinking of starting a Self Build project, are looking for a suitable site, or have a site in mind and need to discuss how you secure planning permission remember don’t leave planning until it is too late, and always use chartered town planners.

If you want to know more about the issues raised in this Kirkwell’s Comment just call Claire Parker on 01282 872570.

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May 10th 2012

In the perfect start to the Easter Holiday Kirkwells provided training last night to a parish council on neighbourhood planning.

And we left this particular village hall with the feeling that for many the key question  is “is neighbourhood planning going to be worth all the effort?”

After going through the process. Long, bureaucratic, and with some odd twists and turns. After investing all that time and possibly money (the other key question, of course, is where is this going to come from?). And after being told we are “in charge”, only to find this has checks and balances, one of which is you cannot “have less” – serious questions were being asked in the room about the value of neighbourhood planning.

And valid questions they are too. Is it better to stick with the devil you know – the local planning authority and their plans? Or is is better to grasp the nettle and become masters of your own destiny, get designated, and prepare a plan for your neighbourhood?

Our opinion is it has to be the latter. If you wait in the wings you lose any control you have. You also run the risk of being seen as less interested than the places that are neighbourhood planning. Will we have cases of local planning authorities saying “let’s put it over there, they don’t seem to care”?

The other point that these particular parishioners were making with great force was the great mismatch in resources they already faced. With developers employing vast legal and professional teams to win appeals. And wouldn’t the same developers just do this when it came to neighbourhood planning? The obvious answer is – probably yes. But, again, the neighbourhood planning process gives communities, if they do it well, and get the all important facilitation from their local planning authority, the position of authority, tjhe power of being in charge. The neighbourhood plan will be part of the development plan. Key local people will know it like the back of their hand and will be able to be powerful advocates for its cause. They may also have the huge backing of a local referendum.

One final thought on the issue of being challenged by developer, or whoever, before we go and open our Easter Eggs. The key to defending any challenge is going to be making sure the neighbourhood plan, as with all plans, is up to date. Regular review. This is one DCLG need to give some thought to. It is OK firing everyone up. But real support needs putting in place – financial and technical. In the end, if this is to be a success, we have to make sure neighbourhood plans do what they are intended to do. Put local people in charge.

Happy Easter!

If you would like to find out more about Kirkwells’ Neighbourhood Planning Training – call Mick on 01282 872570, or email michaelwellock@kirkwells.co.uk

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April 6th 2012

Here we discuss the Community Infrastructure Levy (CIL). If you are a developer, land or property owner CIL is a new cost that could affect you. Read on to find out how CIL may impact on you and what you can do…

The Community Infrastructure Levy (CIL) is a new planning charge, introduced by the Planning Act 2008.  It came into force on 6th April 2010 through the Community Infrastructure Regulations 2010.  Development may be liable for a charge under the CIL if your local planning authority has chosen to set a charge in its area.

Who can charge the levy?

The charging Authorities are district and metropolitan councils, London borough councils, unitary authorities, national park authorities, The Broads Authority and the Mayor of London.

What is the levy for?

The levy will help pay for the infrastructure required to support new development.  This includes transport schemes, flood defences, schools, hospitals, other health and social care facilities, parks, green spaces and leisure centres.

A proposed amendment to the Localism bill tabled on 5th July 2011 in the House of Lords seeks to alter the purpose of the levy.  The amendment states that the purpose of CIL is to ensure that “owners and developers of land make a financial contribution to support communities in the area in which their development is situated, including the provision of infrastructure, and the building, improvement and renovation of housing.” The Government will consult on the proposed amendments to the CIL Regulations this Summer.

What development is subject to a charge?

All buildings that people normally use will be liable to pay the levy.  Any new build (new building or an extension) is liable to pay the levy if it has 100 m2 or more of gross internal floorspace, or involves the creation of one dwelling (even when it is below 100 m2.)  Any redevelopment proposals will only pay the levy on any additional floorspace created, taking into account previous floorspace and any demolition taking place as part of the development.

The levy can also be charged on development that does not require planning permission.

How will the levy be charged?

The levy will be charged in £’s per square metre on the net additional increase in floorspace of any given development.

The levy rates should be based on evidence of the infrastructure needed.  The charging authority can identify indicative infrastructure projects and the gap in the funding of these projects.  This should be balanced against viability in a given area.

The levy is chargeable upon commencement of development, although this can be by installments if the charging authority has an installments policy.

Relief from paying the levy

The CIL regulations provide a limited number of types of relief from paying the levy, if they meet the conditions set out within the regulations.  These are a charity landowner, on the portion of the development to be used for charitable purposes, and social housing.

CIL & Planning Obligations

The levy is intended to provide infrastructure to support the development of an area rather than to make individual planning applications acceptable in planning terms. As a result, there may still be some site specific impact mitigation requirements without which a development should not be granted planning permission. Some of these needs may be provided for through the levy but others may not, particularly if they are very local in their impact. Therefore, the Government considers there is still a legitimate role for development specific planning obligations to enable a local planning authority to be confident that the specific consequences of development can be mitigated.

Process for charging the levy

Local Authorities must set a charging schedule.  There is a consultation requirement for the charging schedule, and the schedule will be independently examined as with other Development Plan Documents.  There is also a requirement for the charging schedule to be renewed annually.  Authorities also have to set out on their website what they intend to use CIL for.

The Department for Communities & Local Government announced the CIL Front Runners Project in January 2011 and invited councils to submit bids to take part.  Eight CIL frontrunners were announced in March 2011, and a further twenty were announced in June 2011.

If you are a developer, land or property owner CIL is a new cost that could affect you. For free advice on CIL and how it could impact on you, and what you can do about it, call Claire on 01282 872570, or send Claire your questions by email, and we will get straight back to you.

 

 

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April 3rd 2012

The National Planning Policy Framework (NPPF) is now out. Has it been worth the wait? Who has come out on top? Government? Or the National Trust, CPRE and other environmental groups? Or has it been a draw with compromise all round. Here, we present our initial assessment of the new national planning policy.

The key battles in the run-up to the NPPF’s publication have been around the Government’s new definition of sustainable development; the protection to be given to the countryside; whether brownfield land should be developed before greenfield; should planning permission be automatically granted if a local planning authority does not have an up to date Local Plan in place; and should councils have a period of grace to come to terms with the new planning policy. Kirkwells’ initial assessment of the NPPF looks at these key areas.

  • Sustainable development. No longer will this give pre-eminence to economic matters. Economic considerations will now be considered “jointly and simultaneously” with social and environmental issues.
  • The countryside. Missing from the Draft was any countryside protection. The new NPPF now recognises the “distinctive character and value of the countryside”.
  • Brownfield first,  or the development of previously developed land, also missing from the Draft is reinserted. Councils should encourage the re-use of such land and can set local targets for achieving this.
  • Local Plans. The Drafts’ automatic granting of planning permission where a Local Plan is “silent, indeterminate or out of date” has been dropped. Now permission should be granted unless “any adverse impacts of doing so would significantly and demonstrably outweigh the benefits”.
  • Transitional arrangements. The final key concession grants breathing space, in terms of significant transitional arrangements, for local councils to use their existing and emerging local plans, in conjunction with the NPPF, for decision-making.

So overall major concessions from Government. Whilst this may have a short term political price the long-term benefit in having a national policy fit for purpose is a very for all of us.

Kirkwells’ Comment will be looking in detail at the NPPF in the next few days. If the NPPF raises issues or questions for you and you need advice and assistance call Kirkwells on 01282 872570. We provide a free consultation service. Alternatively email your question to michaelwellock@kirkwells.co.uk.

To get a copy of NPPF click here.

 

 

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March 27th 2012

So, finally, it is here. Planning’s Big Day.

After all the claim and counter claim we will finally find out what the National Planning Policy Framework has in store for English land use planning policy. Will it lay waste to England’s green and pleasant land as some claim, or will it simplify, speed up, and deliver growth whilst protecting our green and pleasant land? 

In short, who is going to win, and who to lose. In the blue corner Government, BPF, HBF and others, or the team in the green corner CPRE, National Trust and RSPB?

To help you gauge the ups and downs we have produced a handy little checklist.

  1. Presumption in favour of sustainable development. If this weights economic considerations above the social and environmental Government are clearly on to a winner. If the economic is to have equal weight to  social and economic considerations Greg Clark might be getting his coat.
  2. Countryside protection. On this one, if the environmental lobby have managed to have a general protection for the countryside inserted in to NPPF it is a major coup, and would be another big defeat for Eric Pickles’ boys. If this change hasn’t been taken on board then it will be trebles all round at Eland House.
  3. Brownfield first. Heavily trailed already as a concession of sorts, albeit with locally set targets (read last week’s Treasury Red Book), the exact wording on this one could further signal of who is coming out on top.
  4. Local Plans. Will the automatic granting of permission when a plan is out of date, indeterminate, or silent survive? If it does the environmental lobby will have seen a significant turnaround, and the Treasury will probably have been all over the drafting of the NPPF. If the reverse is true, then this would be a major climbdown, and for a lot of local planning authorities the panic will be over.
  5. Transitional arrangements. Once again flagged in the Treasury Red Book. Key here will be how long local planning authorities will have to put up to date plans in place, and the level of support they are given be DCLG. A long transitional period, and bags of cash will mean the Government have probably raised the white flag and given up on planning reform. A 12 month period of grace, with big sticks at the end, and once again the Treasury must be calling the shots. Big win for the DCLG team.

So if Government come out on top as 5-0 or 4-1 winners on this lot things will never be the same again. Expect some of the worst excesses of the 1980s to reappear – planning by appeal; poorly designed executive housing estates; and mullet hair cuts. Did they ever go way? 5-0 or 4-1 against the Government and this is a climbdown of epic proportions – expect job losses in any DCLG reshuffle.   

3-2 either way then we feel an honourable compromise. Let’s plan! 

Exciting isn’t it? Anoraks that we are, we can’t wait. We will be giving our take on the result as soon as we can after the NPPF’s publication at 12.30 today.

This post featured originally on Kirkwell’s Planning Blog

 

 

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March 27th 2012

In a quite bizarre turn of events Government has produced planning policy for Traveller Sites.

Bizarre? Well, bizarre, because this new policy guidance was published only two days before the publication of the National Planning Policy Framework (NPPF). The NPPF, as you will not need reminding, was being heralded as 50 pages of national policy to replace the existing 2,000 or policy and guidance. So it does feel bizarre to have an 8 page supplement to th NPPF that will be published on the 27th of March 2012.

But what of the new policy on Traveller Sites?

Overall, this brings together previous guidance in to one simpler document. The main features of this being:

  • that local planning authorities should make their own assessment of need for the purposes of planning;
  • to ensure that local planning authorities, working collaboratively, develop fair and effective strategies to meet need through the identification of land for sites;
  • to encourage local planning authorities to plan for sites over a reasonable timescale;
  • that plan-making and decision-taking should protect the Green Belt from inappropriate development;
  • to promote more private traveller site provision while recognising that there will always be those travellers who cannot provide their own sites;
  • that plan-making and decision-taking should aim to reduce the number of unauthorised developments and encampments and make enforcement more effective;
  • for local planning authorities to ensure their local plan includes fair, realistic and inclusive policies;
  • to increase the number of traveller sites in appropriate locations with planning permission, to address under-provision and maintain an appropriate level of supply;
  • to reduce tensions between settled and traveller communities in plan-making and planning decisions;
  • to enable provision of suitable accommodation from which travellers can access education, health, welfare and employment infrastructure; and
  • for local planning authorities to have due regard to the protection of local amenities and the local environmental.

The policy will take effect with publication of the NPPF on the 27th of March 2012.

Copies of the policy can be accessed from the DCLG web site.

Will this policy change affect you? If it does and you need expert advice call Kirkwells on 01282 872 570 or email michaelwellock@kirkwells.co.uk.

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March 26th 2012

The 6th of April will herald one of the biggest ever shake-ups in town planning. From that date neighbourhoods will have access to new planning powers.

Not only will the local council produce plans, parish councils and other representative neighbourhood groups will have the power to make planning policy.

Already over 200 parishes are experimenting with these new powers. And with £50 million rumoured to be up for grabs to support communities in this work up until 2015 expect many more to take up the baton and neighbourhood plan.

What will this mean for business? Obviously, if you are in an area designated for neighbourhood planning it will immediately be another layer of planning to negotiate.

But business is not an innocent bystander here. Those preparing neighbourhood plans will have to consult those who run businesses and work in that area. So business will have an opportunity to shape neighbourhood plans.

Indeed, our view, as with all planning, is business needs to take this seriously. Neglecting to get involved at an early stage could lead to trouble later down the line. For example, a neighbourhood plan that prevents you building that new office, that much needed extension to a warehouse, or installation of a wind turbine. So keep an eye on this one. Don’t get caught out.

Where businesses can turn neighbourhood planning in to a real opportunity is by preparing their own neighbourhood plan. Trafford Park is preparing its own neighbourhood plan. Other business parks and industrial estates could do the same thing. Imagine the time and money you could save if your business park, or industrial estate, already had planning permission for telecommunications, renewables, car parking, or buildings extensions. Now are you ready for neighbourhood planning?

Kirkwells town planning and sustainable development consultants are advising a number of neighbourhoods and parishes to find out more about how neighbourhood planning could affect your business call Michael Wellock on 01282 872570. 

 

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March 23rd 2012
George Osborne Budget 2012

George Osborne Budget 2012 (Source: HM Treasury)

Well after all the speculation on whether he would publish the National Planning Policy Framework on Budget Day, or not (and he hasn’t), what has George Osborne actually said that impacts on town planning and development?

The headline grabber is that Government will radically reform the planning system because it is a “barrier to growth”.

On Tuesday 27th of March the National Planning Policy Framework (NPPF) will be published. From that date it will come in to force for plan-making and decisions. Support will be available to local planning authorities to help them get their plans up to date.

The NPPF will better support growth, have a “powerful” new presumption in favour of sustainable development, and allow local decisions to be taken on development of brownfield before greenfield sites. Scrapping top down targets.

The Government will work with key statutory consultees to ensure they support sustainable development, in line with the NPPF.

Further measures will be introduced to simply and deregulate the planning system, including amendments to the Use Classes Order and permitted development rights.

Duplication in the consenting regimes for major infrastructure projects will be removed.

The Government has also completed a review of the implementation in England of the Habitats and Wild Birds Directives, to be published on 22 March 2012. Following this review, the Government will reduce unnecessary cost and delay to developers by: setting up a Major Infrastructure and Environment Unit; streamlining guidance; setting clearer standards for evidence; and changing the culture of statutory bodies.

A consultation will take place on planning obligations to allow the reconsideration of obligations agreed prior to April 2012 on sites where development has stalled.

To read the full statement by the Chancellor click here.

We will be looking at some of these issues in more depth in the coming days.

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March 21st 2012

In our previous Kirkwells’ comment we looked at how non-parished areas would have to go about seeking a designation to become a neighbourhood planning area. This Kirkwells’ Comment looks at how, from the 6th of April 2012, parishes can seek to be designated as neighbourhood planning areas. And, if you are an existing parish, you will be glad to know it is considerably easier than for those representing non-parished areas.

When applying for designation as a neighbourhood plan area parishes must apply to their local planning authority.

This application must include:

  • a map identifying the area to which the application relates;
  • a statement setting out why the area is considered appropriate as a neighbourhood plan area; and
  • a statement that the organisation is a “relevant body” i.e. a parish council.

What happens after submitting an application?

As soon as receiving an application from a parish council the local planning authority must publicise this on their web site, and  in other appropriate ways. They must also tell people who live in the area, and businesses, how they can make representations on the application. The period for making representations must last at least six weeks.

The local planning authority then have to decide whether to designate the parish as a neighbourhood planning area, or not. In both cases this decision has to be publicised.

So a much easier process than if you are a non-parished area. But if you are a parish seeking a neighbourhood plan designation remember that you will have to prepare a statement to support this course of action, this will be consulted on, and the final decision will rest with the local planning authority.

If this Kirkwells’ Comment raises any issues for you on neighbourhood planning call Mick Wellock on 01282 872570, or email michaelwellock@kirkwells.co.uk and Mick will be happy to discuss your problems and advise. 

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March 20th 2012

Town Planning heralds one of its most significant ever changes on the 6th of April when the Neighbourhood Planning Regulations come in to effect.

These changes mean communities will have the power to plan and shape their neighbourhood.

Much talk on neighbourhood planning has centred on existing parishes who are in the advantageous position of being already identified in the Localism Act as “relevant bodies” when seeking to be designated a neighbourhood planning area.

But what about non-parished areas? Areas with, say neighbourhood forums, area boards, or some other less formal local decision-making structure.

For non-parished areas there are additional requirements you will have to meet before you can be designated a neighbourhood forum so that you can prepare a neighbourhood plan.

To be designated a neighbourhood forum if you area a non-parished area you will have to submit an application to your local planning authority. This application must include:

  1. the name of your proposed neighbourhood forum;
  2. a copy of your written constitution of the proposed neighbourhood forum;
  3. the name of the neighbourhood area to which your application relates and a map to identify your area;
  4. contact details of at least one member of the proposed neighbourhood forum; and
  5. a statement explaining how your proposed neighbourhood forum meets conditions contained in section 61F(5) of the 1990 Town and Country Planning Act.

One final hurdle is your forum must have a minimum of 21 members.

Some of the above should be straight forward, but at Kirkwells we know many groups, especially in urban areas, do not have written constitutions, struggle with fluctuating memberships, and overlaps with other neighbourhood groups.

If you are thinking of seeking designation as a neighbourhood forum you will also have to prepare the statement referred to in point 5 above.

This will have to describe how your forum was established for the “express purpose” of promoting or improving social, economic and environmental well-being of your area. You will also have to demonstrate membership of your forum is open to all who live and work in the neighbourhood, and to elected members of the local county council, district council and London Borough Council if you are in London.

You will also have to show your membership is drawn from all parts of the neighbourhood and all sections of the community in your area.

So, all in all, not insurmountable problems but not as easy as being a parish council!

Do you represent an existing neighbourhood group who wants to neighbourhood plan and you are getting to grips with what all this means? If you are, and you want to discuss designation in more depth, or have another neighbourhood planning question call Mick Wellock on 01282 872570. Alternatively email michaelwellock@kirkwells.co.uk. Mick will be happy to discuss your issues and provide expert advice.

 

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March 19th 2012

The final version of the new National Planning Policy Framework (NPPF) is only days away and now is the time for “more light and less heat” in this debate on the future of planning.

Throughout the Summer of 2011 swords were drawn. On one side government, and many in the property industry, saying the NPPF would promote growth and protect the countryside, and, on the other, a wide collection of groups including the National Trust, CPRE, and RSPB, saying the NPPF was the biggest shake-up in the planning system since it’s creation in 1947, and that it would lead to a developers’ free for all and the destruction of the countryside.

The heat generated by this debate has continued. Take to recent reports.

First, the CPRE report Protecting the English Countryside this secured lots of headlines on the back of a figure that said 50% of the countryside would be unprotected after publication of the NPPF. What the report actually said was that with NPPF and Local Plan protections that figure was 33% of the countryside currently unprotected. A high figure, but one we expect to come down significantly as local councils prepare local plans.

But the hyperbole is common to both sides in this debate.

Take last week’s publication by the House Builders’ Federation (HBF) of a report on planning approvals. This grabbed the headlines as a “drought of permissions caused by planning”. Again, the real story was that planning application approvals had gone up to 80%. The reduced number of permissions had nothing to do with planners holding projects back. They simply were not coming forward because of the poor state of the economy.

What do these reports have in common? They are both being used as evidence to justify the two extremes in the NPPF debate.

And they are both being used in the same, almost misleading, headline grabbing fashion. It is not that the reports are wrong. Just that selective use of figures and press release hyperbole is tainting what is, and should be, a serious national debate about the good and bad of our current planning system. Without this debate, and here we need some good old honest objective analysis of the facts, we are in danger of, on the one hand, dismantling the planning system based on unsubstantiated, free market rhetoric, and, on the other, scare mongering when clearly the system is in need of reform, and with the right support could retain and improve all that is good about a planning system that has done so much in the last 65 years.

Concerned about the NPPF? Need to understand what it really means for you? Speak to one of our planning experts on 01282 872570.

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March 5th 2012