Thursday 29 November 2012

It's a Boles Up!

Quote of the Day:

"If at first you don't succeed, try, try again. Then quit. There's no point in being a damn fool about it." 
W.C.Fields

I couldn't have put it better myself, nor the excellent overview by Rebekah Paczek of the Government's latest Planning Antics. Read On...

"Just a week to go before the Autumn Statement – and yes, we are very excited about it, especially if it means we might get some movement on Empty Rates from within the bowels of George Osborne…  However, before that, the headlines today are just too much fun to miss!

It's a Boles Up!

Former Policy Exchange wonk turned Planning Minister, Nick Boles, is due to declare that we should build all over the UK.  He was quoted in an interview for Newsnight to be broadcast tonight saying "concrete it all; Bladerunner-style tower blocks and no natural light, that's what we're aiming for…"  Okay, so he didn't actually say that, nor, as far as we can make out, did he say that it was a "moral right" for people to own their own home (as Sky 'never wrong for long' has it on their website, although they also seem to have got confused about the difference between 3% and a third).  It does seem that he said it is a moral right for everyone to live in a decent home which I think is fair enough.  Although it may be that Sky don't see the subtly important difference between 'owning' somewhere and 'living' somewhere – reasserting the imperative for everyone to own their own home rather than rent would undermine the drive towards the PRS at the moment.  Objectively, it seems that Boles said that we need to recognise that building on a small percentage of currently undeveloped land would solve the housing crisis and would also leave us with huge amounts of undeveloped land to ramble across and enjoy.  So far, so uncontroversial, but then that's not a very exciting story is it…  Maybe we should all watch Newsnight tonight to see what he really said rather than what he is reported as saying.

Round and Round the Garden

In this case, Nick Clegg is the teddy bear, going round and round and finally he hit upon a novel idea – garden cities, that's it, the key to our recovery.  Thank goodness, all hail Nick Clegg.  Nobody had thought of that since, errr, wait – Eco Towns?  So apparently we are back on that little roundabout but without necessarily any further policy to substantiate it.

This week, the Government announced a consultation on extending the regime covering nationally significant infrastructure projects to business and commercial projects – although definitely not retail projects.  Apparently this is largely to prevent large complex projects being a drain on local authority resources and nothing to do with pushing through the growth agenda.  However, public consultation is key on such projects, which is a relief all round.  The definition of nationally significant is suitably vague – we could end up in another game of ping-pong over semantics with this one.

In Case You Missed It…

Yes, there has been a lot of to-ing and fro-ing on the planning agenda recently, so much so that we've become rather dizzy trying to keep track of it all but we've stopped spinning round in circles and thought now would be a good time to review what's actually happened over the past few weeks.

Planning consultants and developers of the world unite, you have nothing to lose but those chains of planning constraints apparently…  Another week, another planning announcement.  This time it was David Cameron announcing at the CBI conference that the ability to launch a Judicial Review is to be subject to reform.  It has apparently only recently come to the attention of government that we tend to take around an additional ten years and X billion pounds to get our major infrastructure projects off the ground  compared to other countries and that, amazingly, this has an impact on our economy.  A fact that had never occurred to the rest of us.  Radio 4 had CPRE on air commenting that this should only be done if third party rights of appeal were to be introduced (rather misses the point), this argument was backed up by suggesting that developers use JR vexatiously and this is the problem, not community groups – of course, no developer would use third party rights of appeal vexatiously would they? 

So, you've all already read the Growth & Infrastructure Bill from cover to cover, you have, haven't you?  I got as far as the first clause which started off by stating that applicants can submit planning applications to PINs thereby bypassing local authorities  and had to stop for a little while to reflect on the successful implementation of Localism and handing power back to local communities and local authorities.  Once I managed to read on, it all seemed to make sense, but seems also to be adding many pages to the reduced planning policy.  Following this, we have now had a series of consultations published, which will presumably become guidance, which will presumably also tot up the number of pages.

Captain Pickles has been on the warpath, the target of his ire this time are those pesky under-performing local authorities – DOWN WITH HACKNEY he declared, before quickly realising he meant to say DOWN WITH HARINGEY, but he was so blinded with the warmth he clearly feels for Jules Pipe, Directly Elected Mayor of Hackney, that it was an inevitable Freudian Slip.  

So, in case you missed anything, here is the top ten in the planning charts:
  • The new Growth & Infrastructure Bill is introduced to Parliament – it suggests, amongst other things, that developers can bypass failing local authorities and apply for permission directly to PINs.  No definition of 'failing' at this stage.  Anyone who  was fooled into thinking that the Localism Bill actually gave away any real power can be firmly assured that any powers which may have been ceded are now firmly being taken back.  Basically, the Growth & Infrastructure Bill sets out to make local authorities delver what the government wants and if they refuse, the Government will take away the power they have and deliver it anyway.
  • Michael Heseltine emerged from under the big rock which the Tories have seemed to want to keep him under with 'No Stone Unturned', his plan for 'concrete' growth – it suggest, amongst other things, that LEPs should have more planning powers, be more structured and have a greater regional role.  Perhaps they should also be renamed RDAs and then we can do a calculation on how much money the government has spent abolishing something only to be replaced with the same structure – a bit like the Italian government back in the good old pre-Berlusconi days…  Heseltine and his report now appear to have been pushed back under the rock and George Osborne is using his copy of the report as a doorstop.
  • Lord Taylor is in charge or reviewing planning guidance – all 6,000 pages.  Most people would have thought that a good time to publish Guidance Notes for policy would be alongside the policy.  However, the government decided that it would be more interesting to publish the Guidance Notes around a year later by which point the new regime will have started to bed down so it can be nicely shaken up again.
  • The government is reviewing JR to make it easier to build big things – for some reason Cameron decided to bring attention to the JR process of the West Coast mainline decision as an example of when it is right to do so; why would you feel the need to draw attention to one of your biggest embarrassments so far??  Perhaps a pre-emptive strike?
  • The Government has started naming and shaming those naughty councils who just won't toe the line – Haringey is allegedly the worst, although Pickles made a Freudian Slip when he announced Hackney to be the worst performer.  Apparently K&C are also high on the list, although it may be less likely that they will be put into special measures…
  • Consultation on extending 'nationally significant infrastructure projects' to business and commercial projects as above
So that was only six but really, a top ten was a bit too much to dig up, much like the greenbelt…

In other exciting news, DCLG appear to have relaunched the website, what we now have is something which is harder to navigate, makes little logical sense and has seemingly been put together on the basis that you will probably give up looking for whatever it was you wanted before you find it.  Surely not??

We will be back with our review of the Autumn Statement next week and most definitely not going out for a Christmas lunch…"

Rebekah Paczek

snapdragonconsulting.co.uktwitter.com/bekspaczek

Friday 23 November 2012

Build it Bigger - Permitted development rights for homeowners & businesses


As heralded with much fanfare back in the summer the Government  propose to make it quick, easier and cheaper for homeowners to build small-scale single-storey  extensions and conservatories , while respecting the amenity of neighbours. Consultation on the proposed changes is open for comment until 24th December.

The aim is to bring extra work for local construction companies and small traders,  as families and businesses who were previously deterred by the planning process take forward their plans.

It is of course important to ensure that any impact on neighbours and communities is acceptable. For this reason, safeguards under planning and other regimes will remain in place, and the changes to permitted development rights for homeowners and businesses will not apply in protected areas such as conservation areas, National Parks, Areas of Outstanding Natural Beauty and Sites of Special Scientific Interest. These proposals do not remove the requirement for separate listed building consent. 
 
The Government is proposing action in five areas:

  • Increasing the size limits for the depth of single-storey domestic extensions from 4m to 8m (for detached houses) and from 3m to 6m (for all other houses), in non-protected areas, for a period of three years. No changes are proposed for extensions of more than one storey.

    To ensure that the amenity of neighbouring properties is protected, other limitations and conditions would remain the same. For example, development will not be able to cover more than 50% of the curtilage of the house, single-storey extensions must not exceed 4m in height, and any extensions which have an eaves height of greater than 3m must not be within 2m of the boundary. In addition, existing protections under other regimes (building regulations, the Party Wall Act or the ‘right to light’, for example) will continue to apply. There is no weakening of the National Planning Policy Framework policies which aim to prevent garden-grabbing.

  • Increasing the size limits for extensions to shop and professional/financial services establishments to 100m², and allowing the building of these extensions up to the boundary of the property (except where the boundary is with a residential property), in non-protected areas, for a period of three years.
  • Increasing the size limits for extensions to offices to 100m², in non-protected areas,  for a period of three years.
  • Increasing the size limits for new industrial buildings within the curtilage of existing  industrial premises to 200m², in non-protected areas, for a period of three years.
  • Removing some prior approval requirements for the installation of broadband infrastructure for a period of five years.

The Government also wish to explore whether there is scope to use permitted development to make it easier to carry out garage conversions.
Other changes to permitted development are also being taken forward separately:  making it easier for commercial properties to be converted to residential use; and encouraging the reuse of existing buildings through making changes of use easier.
If you’d like to comment on these proposals then do so before the 24th December. The link is here:

The New Planning Application Fees Rise 15%


The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 became active yesterday  and introduced a 15% flat rate rise in planning application fees.

It will now cost you £172 for a domestic application involving alterations/extensions to a single dwelling, including works within the boundary.

Applications for removal or variation of a condition following grant of planning permission has gone up to £195 per condition - even more reason to bundle your application for conditions together as a single submission.

For the full Fees Schedule you can access it via my website News Section or directly HERE

The Regulations in full are HERE

Friday 16 November 2012

GOV.UK - Simpler, Clearer, Faster My Ar......

During my many years developing and running websites the overriding aim has been make sure that any visitors can get the information they require as quickly and as easily as possible. Sadly this simple premise is not being adopted by the new GOV.UK website which seems to delight in hiding information in obscure locations.

The previous Communities & Local Government website was a model of clarity in comparison. At least when you logged in to the planning section you could see all the relevant details in one place. Now, information appears to be distributed around the site in a format designed to obscure.

For example, the original 'Letters to Chief Planning Officer's' section (see previous blog) is now located under housing and local services planning officer guidance in a box at the bottom of the page entitled "Additional detailed guidance from Government Departments"

I'm reminded of that wonderful speech at the beginning of the Hitchhiker's Guide to the Galaxy where Mr Prosser is advising Arthur Dent of the location of the planning application for the new bypass and he responds, "It was on display in the bottom of a locked filing cabinet, stuck in a disused lavatory with a sign on the door saying 'beware of the leopard'. Ever thought of going into advertising?"

If you want individual Circulars or Regulations then you need to go via the search engine or the Publications pages to discover them individually. They do not appear to be listed as a group as previously. 

Ah ha I hear you say the search engine must be fantastic. Sadly not. In trying to find those wonderful letters to chief planning officer's I typed that into the search engine (and various combinations) to receive 147 results, none of which were relevant. Having by this time lost the will to live I reverted to Google and tripped over the new page accordingly.

Yes, yes, I know. Get a life!

The main GOV.UK page does not refer to planning at all. You'll need to go to Topics for that (scroll down to the bottom of the page in the grey area). The main planning page is now at:

...and don't forget to leave your browsing history live so that your back button can get you into previous searches as this is not available as a quick link on many of the sections.

If you do require access to any sort of planning information and prefer not to waste valuable breathing time chasing down documents within this new website then do check out my planning library at:

Planning Fees Go Up 15% on the 22nd November


"Planning" Magazine report that:

In July, the then planning minister Greg Clark announced "one-off adjustment to up-rate fees in line with inflation, amounting to around 15% since 2008". The announcement stopped short of previous consultation proposals to allow local authorities to set their own planning fees.

In a letter to chief planning officers this week, DCLG chief planner Steve Quartermain said the changes would come into force on 22 November.
Along with the rise, the letter said the department had "introduced a small number of new fees as a result of changes to primary legislation".

These include applications for urgent crown development and certificates of appropriate alternative development.

 The letter adds that an amendment has also been made to allow for fees in respect of deemed applications, relating to permitted development, "to be paid in full to the local planning authority rather than half to the local planning authority and half to the secretary of state. This does not change in anyway the fee to be paid, but it does mean that authorities will benefit from receiving the whole fee".

Sadly as I write the appalling new GOV.UK website does not have the letter available for reference yet but I will post this as and when it is available.