ISSUE 10 / 2013
UPDATE
the magazine for
IAN TANT SENIOR PARTNER ian.tant@ bartonwillmore.co.uk
Summer is here, and amidst soaring temperatures, the debate is on for everything from space and light standards in new homes to party stances on planning policy. Things are on the rise at Barton Willmore, too.
A Balloon Fiesta isn’t our usual stomping ground, but as our teams celebrate our recent fortune in being selected from the Fiesta 100 Club to be Headline sponsors for the now renamed ‘Barton Willmore Bristol International Balloon Fiesta 2013’, I am desperate to try and link hot air ballooning with our industry challenges somehow. Your puns and quips on a postcard please, or for those who are tech-savvy, a tweet with the hashtag #BWbibf! A champagne flight for two (in a balloon – not first class on a 747 to New York!) goes to the best one we receive by the end of the Fiesta on 11th August. This summer edition sees us review some interesting emerging angles for our industry in 2013. With the Political posturing beginning as the Election year of 2015 comes into sight, we are beginning to see the Labour Party’s prospective approach to planning in the form of the shadow Housing Minister’s view of our world and his proposed policies. The Party Political Conference season should be an interesting one for our industry if Jack Dromey’s comments are to be proven correct. Our ‘View from..’ article in this edition comes from Paul Wootton, a Partner with Eversheds, who alongside Adrian James reviews the now-established Nationally Significant Infrastructure Projects process. What can we learn from the Energy industry’s exposure to this process, especially if, as envisaged, it is extended to include some of our most significant mixed use developments?
Tall buildings, seaside towns, a disused chocolate factory and new Welsh communities all get the Update treatment, offering you an insight into our thinking for specific development locations and for more enjoyable and engaging places in which to live and play. And our Manchester team have much to say about their home city and the North West region around them. We do hope that you enjoy this issue of Update, and as always, your reactions and feedback are greatly appreciated. And if you’re spending any of your summer at the Barton Willmore Bristol International Balloon Fiesta, please join us for a drink and trading of quips!
02/ life’s a beach: coastal towns for the future 06/ labour in the planning shadows? 09/ delivered: st george wharf DH/ home sweet home: redeveloping the somerdale cadbury’s factory 13/ a view on... delivering power to the people 17/ building on our heritage: exploring welsh housing types 21/ meet the team: manchester 25/ extra! extra!
News in Short Up, Up and Away!: We are so excited to be headline sponsors of the Barton Willmore Bristol International Balloon Fiesta 2013, we’re practically levitating! The Fiesta will take place from the 8th - 11th August, featuring over 150 hot air balloons, fairground rides, entertainment and a gaggle of grinning planners and designers. A Renewable Energy Hat-Trick: Our Town Planning teams have secured permission for three Anaerobic Digestion facilities across the UK this Spring. A combined total of up to 125,000 tonnes of waste will be processed each year at Millerhill in Midlothian (Alauna Renewable Energy), North Selby in Yorkshire (Peel Environmental) and Bryn Quarry at Gelligaer, Wales. Town Centre Success: Following the completion and occupation of One Reading Central, our Town Planners have now secured permission for Two and Three Reading Central, to be known as ‘Forbury Place’, on behalf of Bell Hammer and Prupim. The two BREEAM ‘Excellent’ buildings will cumulatively provide 360,000 square feet of commercial space in the heart of the town centre.
Cover image: St George Wharf Tower, London
Image is courtesy of Aukett Fitzroy Robinson. 1
Life’s a Beach: Coastal Towns for the future Kathryn Anderson, Urban Design Director Emilie Pignon, Urban Design Associate
In an age of low-cost sunshine holidays abroad and not-so-sunny summers at home, many seaside towns across the UK find themselves struggling to sustain popularity even during the peak seasons. So what makes a 21st Century seaside town successful? 2
The Department for Communities and Local Government’s (CLG) Report on coastal towns in 2007 sought to identify common characteristics which are shared by these diverse locations in a bid to trigger Government initiatives directed at coastal communities. With 21 of the 88 most deprived authorities being identified as the seaside by the sea, it’s clear that these towns we are guiding locations could stand to benefit in France face hugely from regeneration. As a many of the same result, the Government began challenges as their UK their Coastal Communities counterparts: falling Fund within which £27 million visitor numbers and has been allocated for 2013-14 dwindling traders and will be awarded to a host of leading to a spiral of successful bidders, all with the decline. aim of breathing life back into these seaside communities.
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With CLG identifying masterplans as the key tool for achieving a unity of vision and success for the regeneration of coastal towns, and with the task of creating plans to regenerate the Calais seafront well underway, we thought we would seek our Masterplanners’ advice on creating dynamic seaside towns for all seasons. We look to their projects across the Channel, many of which are based in towns facing the same downturn in popularity, to learn from their experience and find out what they think needs to be done to turn these places around. Calais Calais is the largest city of the Pas-deCalais Region and is looking to attract British tourists as part of a larger strategy for the revival of the town centre, aiming to regenerate the neglected seafront area of the town. The seafront area, once a thriving neighbourhood and tourist destination, changed with the destruction of the city during WWII. Today it is a shadow of its former self, disconnected from the town
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centre by large roads and man-made water bodies and lacking in identity despite its natural assets. Approximately 1km in length, the site we are focusing upon runs the length of the town’s little known but beautiful beach, encompassing large residential buildings, car parks, playgrounds, shops and cafes as well as the main promenade and distinctive rows of historic beach huts lining the beach edge. The project aims to breathe new life into the area by enhancing the sense of place, restoring historic links and creating new attractions to encourage visitors from home and abroad. An 8 month study comprising several workshops with the local community is not only well underway, but having a great response from residents. “Wherever we do community consultations in France, we’re always impressed by how many people turn up and how interested they are in their environment,” says Associate Urban Designer Emilie Pignon. “I wouldn’t go so far as to say NIMBY’s don’t exist there, but people do seem open minded. Their positive approach means we can really concentrate on the wealth of ideas they bring. They understand how their community works so much better than we can, so it saves time and helps us really get under the skin of a place.” Cannes Having a high speed train (TGV) line running directly between the beachfront and the residential quarter of La Bocca, Cannes, was just one of the problems that our masterplanners found facing this suburb. With 125 ha of railway land lying disused adjacent to the Riviera, the project provided the perfect opportunity to create a Maritime Quarter comprising mixed use residential, leisure, tourism and commerce. The priority for the team was to create spaces for both the community and tourists that would not only function for leisure, but also provide vital links and connections and make the town a desirable place to live.
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Roscoff The historic town of Roscoff, lying on the North Brittany coastline, has direct ferry links to Plymouth, as well as a train station and number of routes into the town. Yet despite the number of tourists that come within close proximity of the town as a result, comparatively few choose to stay there for their holiday – often driving away in the opposite direction. Getting people into the town was therefore a major obstacle for our Masterplanners, and required a solution consisting of more than just plans for an appealing location with amenities. The chosen design, the most ambitious of those proposed, not only includes sequences of interesting spaces, but also incorporates landscape enhancements and new signage, showing the importance of connecting the town to its surroundings. Perhaps most importantly for tourism and international links, is the proposed inclusion in the INTERREG Scheme, which provides funding for interregional co-operation across Europe, lessening the impact that geographical isolation can so often have on these towns. Future Lessons Urban Design Director Kathryn Anderson points out: “The challenge is to reinvent these places as year-round destinations, not simply by making the place look better but by making it work harder across the year. By using good design to strengthen the identity of the place and creating spaces and activities that can adapt to the seasons, we can increase investment and attract visitors in both summer and winter. As with all regeneration projects, it’s critical to take a wider view of masterplanning and not be restricted to physical plans. Our focus may be on the urban form and generating innovative ways to animate the space, but we tend to encompass a much wider range of urban design tools; from proposing new policy and management frameworks and identifying ways to attract grant funding to re-branding & marketing strategies. It’s worth
noting that sometimes the most successful solutions aren’t about the structure of a place –sometimes it’s all about more effective and proactive management.” What’s clear from Kathryn’s experiences on the continent is that “the seaside towns we are guiding in France face many of the same challenges as their UK counterparts; falling visitor numbers and dwindling traders leading to a spiral of decline.” Whether in the UK or France, it is clear that there is no such onesize-fits-all solution to be applied to struggling coastal towns. These towns require a heart, vibrancy and sustainability in order to survive the cold winters, and this can only be achieved through detailed, individual attention which proactively makes use of the space and creates a brand taking into consideration those that will be using them – no matter at what point in the year. Current recipients of the grant include areas within Sunderland, North Yorkshire, Kent and Cornwall; therefore, the benefits of this scheme will clearly be far reaching across the UK. With the Government finally injecting some much needed money into these towns, we now have a real opportunity to start tackling some of these problems and finding ways to regenerate coastal communities so that whether it’s for a day, a week, or a lifetime, people come to these towns.
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KATHRYN ANDERSON URBAN DESIGN DIRECTOR kathryn.anderson@ bartonwillmore.co.uk
EMILIE PIGNON URBAN DESIGN ASSOCIATE emilie.pignon@ bartonwillmore.co.uk
Labour in the Planning Shadows? Robin Shepherd, Planning Partner
With two years before the next Parliamentary election, the opposition’s planning platform is already starting to take shape. But is it realistic? Robin Shepherd takes us through the plans coming forward from the Labour Shadows.
In a recent briefing from the Labour front bench, it was reassuring to hear that certainty in transition is a priority for them within the development industry. The need for development and in particular a stemming of the ludicrous housing shortage we currently face is acknowledged as a key issue for the party and one which must take centre stage in the forthcoming election. Never since Harold Macmillan has housing been such an issue for the election. Increasing the supply of housing is seen as the number one objective. Music to our ears I know, but clearly we need to know some of the substance/detail behind this. For consistency, certainty and because of the cross party nature of the original document’s conception, there is strong support for the NPPF and its principle of simplification. The vacuum left by
Regional and sub regional policy is, however, acknowledged, as is the current failure of the ‘Duty to Cooperate’, which is considered to be too incongruous and impossible to implement or enforce until it is too late. But what are the alternatives to this somewhat ‘blunt instrument’ policy clause, that is today simply being tested through the courts? Expansion of Local Authority boundaries is one approach, advocated by Heseltine in his recent review of the planning system, but one which we know to be arduous and far too politically controversial to be viable, surely. Instead, change needs to be cultural – one of cross-party discussion at both a party political, policy and Local Authority level. The Labour front bench also believe it lies in SHLAA’s, Local Enterprise Partnerships (allbeit under a new name) and the focus upon City Regions, where cross6
boundary cooperation could be significantly strengthened. Although currently averse to engagement in terms of housing delivery, LEP’s are considered to have a potentially important role to play in driving cooperation and a broader evidence base, in that the economic growth they seek within their regions is dependent upon the support of a growing work force and the income/spending power these residents will bring. This seems to be a view shared by the Labour party and therefore something worth exploring in coming months with the shadow front bench and the various LEPs. The question is whether the LEPs are equipped or willing to take on the unenviable task of apportioning housing across LPA boundaries. “Benefits to Bricks”, a recent statement made by Jack Dromey encouraging homebuilding as opposed to growing welfare dependency, is an interesting sentiment, aimed at tackling the perceived ‘unfairness’ of the current system and the dwindling public housing supply. How they will deliver growth of public housing was not clarified at this briefing, other than it would be via a combination of Housing Associations and freeing up Local Authorities (LAs) to undertake their own development. Is this achievable? It has been a generation since LAs took on this task, and much has happened since then, that could hinder the ability for them to turn back the clock and reinvigorate their public housebuilding programme. Public perception will be a key stumbling block, with memories of 1960′s council housing blocks not yet forgotten. RSL’s may seek to divert such attention to their development aspirations, where Government (local and national) assistance on such a scale could allow them to take the lead rather than reinventing the wheel. That said, some LAs may relish the opportunity to take up the reins if legislation and procedure currently prevent them.
of longer-term rents, something which landlords may feel is unnecessary. Given this desire to push the housing sector, S106 and the Community Infrastructure Levy were understandably key queries raised. The shadow Labour team’s indications that CIL is an unlikely long term factor in their plans was most welcome as was the acknowledgement that a potential reassessment of S106 agreements process may be necessary if it was felt these were still unduly delaying the permitting/development process. Therefore, rather than rip up the rule book and start again, Labour policy seems to be focused upon putting their slant on existing policy so far, while a public housebuilding ambition comes as no great surprise from a trade unionist Shadow Minister. However, the fact that housing and planning will remain at the top of the political agenda, with a prodevelopment stance, is clearly positive. We will continue to keep track as this policy evolves.
What is clear within this push for residential growth is that the private rented sector is of great interest, and ways in which this sector can be supported in terms for investors are being explored. This includes greater regulation of landlords and the introduction 7
ROBIN SHEPHERD PLANNING PARTNER robin.shepherd@ bartonwillmore.co.uk
...But what is happEning Elsewhere in Great Britain? opportunity to help facilitate and deliver Mark Roberts reports from Wales: The new development to the benefit of Welsh Labour led Welsh Government is an communities, and as a result there are no interesting comparison as there is little incentives for new home buying within Wales evidence that the need for development, despite the existence of a number of schemes and particularly the housing shortage, within England. Much good work has been is being prioritised or indeed addressed within the Principality, despite more positive done by the Welsh Government in seeking advice and ideas on how the current system rhetoric contained within the latest edition can be improved, although it is unlikely that of Planning Policy Wales. Whilst the Welsh the Planning Act for Government is Wales will be completed currently reviewing much before 2015 the planning system which is arguably too in Wales, the lack little too late for the of real progress in The great Welsh economy. terms of improving unknown... is whether the system is a real this positive culture Stephen Tucker reports concern within change feeds its way from Scotland: The the development down to the local potential transition of industry. The level whatever the UK government, while new Minister has of interest to us all colour of the party in clearly signalled north of the border, charge. the importance of is less relevant with housing delivery specific regard to and a recent appeal planning; statutory decision in Cardiff planning being a exemplifies this; devolved matter for however, these and other recent appeals are the Scottish government. Similarly, the SNP insignificant compared to the overall scale of have an overall majority and currently look need and under-delivery. Our recent research set to remain in power for a period of time. concerning Housing Market Intelligence Data That said, the Scottish government has also for the 16 South Wales authorities confirms adopted an encouraging pro-development a shortage of circa 15,000 households stance echoing their key objective of across the region. The Welsh Government has done little to date in terms of facilitating sustainable economic growth. This theme has formed the spine of recent consultations the ‘pro development’ themes voiced by on NPF3 and Scottish Planning Policy - two their counterparts in London and is indeed of our key national policy documents. The placing additional financial burdens on great unknown in Scotland (and I suspect in the development industry by introducing England and Wales) is whether this positive more onerous construction requirements culture change feeds its way down to the such as fire sprinklers and an over-zealous interpretation of zero carbon, concerns which local level - whatever the colour of the party in charge. are shared by DCLG. The recent shelving of the New Buy Cymru scheme is an unfortunate example of how the indecisiveness and delay of the Welsh Government led to a missed
MARK ROBERTS PLANNING DIRECTOR mark.roberts@ bartonwillmore.co.uk
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STEPHEN TUCKER PLANNING & DESIGN PARTNER stephen.tucker@ bartonwillmore.co.uk
Delivered: St George Wharf Justin Kenworthy, Planning Director
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As St George wharf Tower nears completion to form the final part of the St George Wharf scheme in Vauxhall, London Borough of Lambeth, we look back on the journey leading up to its delivery as the tallest residential tower in the UK.
When this project began in 1996, it was clear that the process of gaining permission for a 181m tower was going to require careful attention to detail from our Town, Landscape and Environmental Planners working on the project. At the time, the proposals were for Europe’s tallest residential tower, meaning that a long planning process was always going to come with the territory. It was therefore no surprise when the tower was called in by the Secretary of State for Inquiry in 2004 following a Public Inquiry.
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At the time of planning, St George Wharf Tower itself was so tall that it would be seen from the Palace of Westminster World Heritage Site and within the setting of various listed buildings and conservation areas, meaning that precision planning at a variety of levels was required in order to stand any chance of gaining permission. The townscape and visual assessment, drawn up by our Landscape Team, required 150+ viewpoints that had to be assessed and the use of a balloon to confirm the exact height
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JUSTIN KENWORTHY PLANNING DIRECTOR justin.kenworthy@ bartonwillmore.co.uk
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of the building in these views; a process which proved itself to be invaluable for demonstrating that the impact on views was accessible and contributing to the success. Even with the obvious increase in time and costs that occur from gaining planning permission for building up, there are clearly one important benefits for developers when lesson which will it’s done well and in the right stay in my mind for location as they provide not only the future, is how an efficient use of space in a time important it is to be of increasing population and land able to demonstrate values, but also an opportunity exemplar for regenerating the areas around architecture. them. For instance, the site of St George Wharf lay derelict for 40 years, yet now promises to be a vibrant location for city living, offering a good degree of affordable housing and the prospect of significant regeneration for the wider area - a case that was accepted by the Secretary of State during the Inquiry.
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Despite a general recognition of the role that Towers will play for the future of London, controversy still remained surrounding
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their presence on the city’s skyline, perhaps triggered by the tragic helicopter crash into the crane attached to St George Wharf Tower during its construction. People were quick to question the impact of Tall Towers and their integration into the city; however Justin Kenworthy, Director, argues that “the debate is largely now over, if London is to continue to compete on a global level, we have to have the business and residential capacity to cope.” What’s more, the debate ending hasn’t necessarily made it any easier to gain permission. “We will still need to prove the benefits of these developments and the value of their architecture,” Justin says. As in any development, design is key, particularly if it has the potential to become iconic as well as highly visible. Justin reflects that “one important lesson from the planning process for St George Wharf, which will stay in my mind for the future, is how important it is to be able to demonstrate exemplar architecture. Without this you will get nowhere in discussions with the Local Planning Authorities, the Greater London Authority and other statutory consultees.”
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With planning permission finally being granted in 2005, how would it have played out if the same application were to be considered in 2013? “I think despite the number of tall buildings that have been permitted since 2005, it wouldn’t necessarily be easier to gain permission if the process were happening today. Each tower that has been planned since would have gone through the same scrutiny and in fact, in the current context of increasing pressure from UNESCO to protect the World Heritage Sites, it is becoming more difficult for Tall Tower applications of the future,” says Justin. St George Wharf Tower is the first of many tall buildings to be constructed in the Vauxhall / Nine Elms corridor between Vauxhall Bridge and Battersea. The catalyst for regeneration that this project provided, along with an extension of the Northern Line on the London Underground, looks set to transform this once largely industrial area as well as the London Skyline.
For more information on Tall Towers, download a copy of our Tall Towers Report 2012 from our website or scan the QR code below. http://www.bartonwillmore.co.uk/ resources/tall-towers-2012/
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Home Sweet Home: Redeveloping the Somerdale Cadbury’s Factory
DESIGN HIGHLIGHT
An iconic site between Bristol and Bath is set to become a thriving new community which pays homage to decades of satisfyingBritain’s sweet tooth. Originally built to house production for Fry’s Chocolates in 1935, the Somerdale chocolate factory employed over 5,000 people at the height of production and had its own railway and power station. The factory produced well-loved classics such as the Dairy Milk and Creme Eggs, but closed its doors in 2011 following a corporate takeover by Kraft Foods.
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EACH OF THE DEVELOPMENT PHASES INTERPRETS THE ESSENCE OF THE SITE IN A DIFFERENT WAY.
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Taylor Wimpey recognised the opportunity for a landmark development, and have submitted proposals to reinvent the site as a 700 home urban extension to neighbouring Keynsham, with a sports club, primary school, care home, restaurant and retail facilities and 11,000m2 of employment space available to provide a sustainable live/work community.
Martin Denley, an Architect for the scheme, explains how the community’s design rallies around the site’s heritage. “Each of the development phases interprets the essence of the site in a different way. The first phase of family housing, for example, is intrinsically linked to the neighbouring Chandos Road homes, which were built contemporaneously with the factory, in the Arts and Crafts style. It’s a Garden City-style arrangement with a suburban feel about it, and the proposed new homes will reflect the same style to provide a seamless transition.”
“There is a central urban core which embraces the existing retained factory buildings,” says Gareth Howell, Architectural Associate. “Within this setting, alongside a new primary school, a new Fry Club sports club is planned. Originally founded for factory employees, the new Fry Club will embrace the community of Keynsham as a whole. The “We went through a process of example central core will also include commercial community involvement which has resulted accommodation for SMEs in addition to in a collaborative masterplan with buy-in conservation and conversion of the factory from all parties with a vested interest,” buildings to luxury apartments.” says Design Partner James DeHavilland. “This is a fantastic project with so much Martin continues, “To the north of the site, positive interest from the public - over the later development phases, although 1,000 people showed up to our workshop very contemporary in form, take design exhibitions. We feel that the masterplan will deliver a New Garden Neighbourhood which is grounded in the history of the site 1/ The Fry Club & Conference and carries through this inspiration to a Centre detailed design level.” 2/ Aerial View of Masterplan
3/ Phase 1: Arts & Crafts Style Homes DESIGN HIGHLIGHT
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inspiration from the factory itself. The factory was constructed with a sawtooth effect in the north-facing roofline to invite northern light into workshop rooms. This same roofline will be incorporated into the new housing, and materials such as red brick will be reflected in the more urban elements of the phase.
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JAMES DEHAVILLAND DESIGN PARTNER james.dehavilland@ bartonwillmore.co.uk
“The gardens of bespoke homes on the easterly perimeter of the site will front on the River Avon. This waterside housing will be in an upside-down configuration with living spaces opening onto terraces that take advantage of the views. The site’s westerly aspect overlooks The Hams, which is a flat wetland area and also home to the historic Roman town of Trajectus, so the homes will include large glazed elements and pitched roofs to provide panoramic views.” Capturing the essence of the site has played a strong part in the design proposals – here’s hoping they are a sweet success!
MARTIN DENLEY ARCHITECTURAL ASSOCIATE martin.denley@ bartonwillmore.co.uk 4/ Riverside Cafe 5/ Contemporary Homes on North of Site
To read and see more on these proposals, visit the Somerdale project website at www.somerdaledevelopment.com.
DESIGN HIGHLIGHT
GARETH HOWELL ARCHITECTURAL ASSOCIATE gareth.howell@ bartonwillmore.co.uk
a view on...
Delivering Power to the People Adrian James, Planning Partner, Barton Willmore Paul Wootton, Head of Energy & Natural Resources, Eversheds LLP
In our last issue of Update, we dealt with the uncertainties of the planning process in delivering housing development across the UK. Yet these problems are not limited to the housing sector; obtaining consent for major power stations is also subject to the vagaries of the planning system. At a time when large scale energy projects are desperately required, Adrian James, teams up with Paul Wootton from Eversheds to look into the issues.
Adrian James: ““As a nation, we are no longer a net exporter of gas, relying on Europe, particularly in the winter months, for maintaining our gas supplies - worrying considering some 40% of our electricity is provided by gas fired power stations. As a result, nuclear and renewable energies are seen as the main alternatives to gas, but with significant lead-in times for the replacement of our old nuclear power stations, the supply of renewable energy will not fill the gap in the short to medium term.
“In an attempt to create a quicker and more certain decision-making process for major power projects, the Government introduced a new consenting process for Nationally Significant Infrastructure Projects (NSIPs) – of which almost three quarters of those currently submitted are energy related projects. Decisions are made at a national level by the Planning Inspectorate (PINS) and the Secretary of State, in a prescribed time period, having regard to National Policy 13
Statements agreed by Parliament. The new “There has been a general reluctance to process also has the advantage that the date to incorporate the variety of consents, Development Consent Order (DCO) will not authorisations and licences which can be only grant planning permission but could embedded in a Development Consent Order. also provide the other consents (including Put simply the Development Consent Order powers of compulsory purchase) required has not yet become the one stop shop it was to construct and anticipated to be. operate the project. “Finally, there have The ‘one stop shop’ been relatively few legal when coupled with challenges to date and national (rather As planners those that have been are than local) decision particularly controversial. we cannot avoid making is supposed to This may indicate that judicial review but provide confidence to the level of engagement in the preparation investors that projects both before and after of our applications will not be delayed by submission is about we can seek to the planning process.“ right - an important point minimise the So has this given the delays which opportunities for a streamlined ‘fast flow from legal challenge. successful one. track’ approach been One thing which is not successful? known, however, is the extent to which the Paul Wootton: “It is consents for projects certainly the case will need to be revisited that the consenting because of scheme changes. The NSIP process for nuclear power stations, for consenting process is inflexible and the example, has been sped up in comparison need to revisit consents is capable of adding to those consented under now historic to the substantial lead in time to project legislation. However, there is a view that too commencement.” many infrastructure projects are caught by the definition of an NSIP in the Planning Act What about the delays from judicial review? 2008. For example a 50MW onshore wind or Adrian James: “Legal challenge and solar farm is subject to the same consenting process as a 4GW nuclear power station when judicial review inevitably slows down the implementation of projects. Judicial review of the strategic importance and complexity of planning decisions of all types has increased issues is incomparable. steadily over the years to the extent that it is seen as a real problem for the construction “The introduction of National Policy industry. David Cameron has recently raised Statements (NPS) has also been positive, concerns about ‘the massive growth industry’ removing the requirement to demonstrate of judicial reviews of planning decisions and need for an NSIP where the NPS supports the scheme. In addition, the legal obligation the resultant cost, delays and uncertainties to consult and the front loaded nature of that it has on bringing forward development. Government figures show that applications the process does, on the face of things, lead for judicial reviews have risen sixfold from to quicker decisions post acceptance of an 160 in 1975 to 11,359 in 2011. Of these application, although the overall period for 11,359 applications, only one in six were determination is not necessarily shorter, granted permission to proceed beyond the particularly where compulsory purchase is initial stage of whether there was a case to be involved. heard. Only 144 were ultimately successful
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Smurfitt Power Plant, Snodland, Kent
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which represents an overall success rate of only about 1%. The delays brought about by the judicial review process are significant as it took nearly 3 months to deal with those that were refused at the initial hearing whilst cases that went through to the full hearing took over 9 months. From the 1st July, Justice Minister Chris Grayling has reformed the judicial review process to include reduced time limits for bringing claims from 3 months to 6 weeks and an increase in fees for seeking hearings in person. By reducing the time limit and increasing the fees, the Government thinks that applicants will think twice about launching proceedings and it would, therefore, only be used by those who have carefully considered whether they have proper grounds to challenge a decision. The 6 week review period has been in place for NSIPs since its inception but there is little evidence that the shortened period has led to applicants thinking twice before launching a legal challenge.
“The proposed changes will only apply to judicial review, not statutory challenges where the time period is already 6 weeks and there is no permission stage. The fact remains, however, that judicial review is frequently seen as the last chance to stop development from proceeding and it seems highly unlikely that the proposed changes will make any fundamental difference to the appetite for judicial review for those wanting to stop development, who are well advised and may already be operating within the 6 week challenge period. We inhabit a small island where new development is almost always in close proximity to where people live, or land which is subject to protection. It is inevitable that legal challenge to unpopular decisions will remain.”
Adrian James: “I would agree with Paul’s comments here, but also add that, as planners, we cannot avoid judicial review, but in the preparation of our applications we can seek to minimise the opportunities for a successful one. If the Government wishes to speed up the review proceedings then Paul Wootton: “The system has to cater for it should make the process more flexible. the scrutiny of decisions where there has Currently, challenging an NSIP project is been an error in the decision making process. not permitted in the period between the However, there is no doubt that challenges, application being accepted by PINS and the either statutory or by way of judicial review, final decision being made on the DCO – a are used as a delaying tactic. The fact that period of 12 months. This moratorium on so few challenges are successful indicates the ability to challenge the process until the that the decision making process generally final decision has been made means that works well. The real problems are the length time is lost if the judicial review is against of the challenge period and the length of a decision or action that was made very time it takes to reach decisions (including early in the examination process. Whilst we appeals) which are subject to statutory must get our judicial review process under challenge or judicial review. I do believe a control, the experience of NSIP applications shorter judicial review period, consistent shows that simply reducing the period of with statutory challenge periods, will help. time under which a judicial review can be As will the proposals to restrict the ability submitted does not stop them being made. To to appeal against leave decisions, which are my mind, the low success rate is much more totally without merit, and the introduction of of a consideration and, perhaps, the Courts a £215 Court fee for an oral renewal hearing should make clearer the uphill battle that where the claimant does not accept a refusal developers and objectors face if they intend of permission on the papers and asks for a to go down this route.” decision to be reconsidered at a hearing. Expedition of the permission stage is critical in helping to remove the tactic of delay in development projects.
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PAUL WOOTTON EVERSHEDS LLP
ADRIAN JAMES PLANNING PARTNER adrian.james@ bartonwillmore.co.uk
Barton WIllmore and Eversheds LLP will be hosting a joint event on this topic in Autumn 2013. If you are interested in receiving an invitation, please email jackie.vine@bartonwillmore. co.uk
Building on our heritage: exploring welsh housing types With a bevy of Local Development Plans being approved and a Planning Act for Wales whitepaper due at the end of this year, it’s a pivotal time for housing in Wales.
Our Cardiff team is feeling very positive about the opportunities this presents, and have been exploring new forms of housing delivery that will help to optimise those opportunities. Gareth Howell, Architectural Associate, talks us through their thoughts. There has been much talk of late about Garden Cities, whose design principles were centred on timelessness, simplicity and modesty, where I would argue regional identity and local distinctiveness were not the major focus in the design. However, successful place making is about an understanding of character, and in contemporary design abstracting the relevant architectural ‘cues’ to strengthen and reinforce a sense of place.
It is important to also understand that local distinctiveness is a result of the contributions made by many over time, without a conscious attempt to establish it. At the heart of this distinctiveness are simple, honest buildings using readily available local materials. Therefore, I think that the principles of Garden City planning with a sensitive understanding of local character are virtues we can all aspire to when designing new communities. We have started an initiative around New Welsh Communities and have discussed our ideas already with both Housebuilders and the Design Commission for Wales for what might inform new developments in Wales for the 21st century. At a more detailed level, I have sought to examine two distinct Welsh house types to determine how they could contribute to successful new communities in Wales and a high standard of housing. 17
GARETH HOWELL ARCHITECTURAL ASSOCIATE gareth.howell@ bartonwillmore.co.uk
CHIMNEY
WELSH terrace house
Vertical stack incorporating heat recovery system and adequate space for home services satisfying current and future requirements. Space partitioned for future heating requirements e.g. wood burner.
ROOF Traditional slate roof reflecting local character
MATERIALS High quality materials reflecting local distinctiveness. Where possible materials to be sourced locally.
FUTURE REQUIREMENTS 45 degree roof pitch allows for future expansion into the roof-space. Dormer windows easily retrofitted to the rear roofscape.
WINDOWS Large window proportions reflect historical context and provide suitable internal daylighting. The structural opening is expressed simply with a stone surround in a similar manner to the entrance.
EXTERNALLY
PARKING
Rear garden provides adequate private space for occupants. The provision of a shed, green house and raised planter support selfreliance.
Parking is provided onstreet and to the side of dwellings. Where possible parking should not dominate the street
KITCHEN AND DINING STREET Landscaping to be integrated into the design of the street
LIVING
ENTRANCE
The entrance is expressed simply with a stone surround. Front doors should be individually coloured and incorporate a side vision panel.
The Welsh Terrace With a philosophy of simple, honest architecture, the Welsh terrace is a typology we can still use today. It has subtle diversity within its duplication, so simplicity is its strength. Benefits to developers • Duplication with minor adjustments creates diversity whilst keeping costs down • Ideal for mixed tenure developments with affordability and appeal
Space is provided for future proofing - adequate space has been allocated for an additional bed space in the living room and the space requirement for a domestic lift.
• Space standards future proofed so that it can be modified to Lifetime Homes standards, increasing sales value Benefits to occupiers • Classic housing style helps to secure stability in market value • Ratio of internal space to external wall results in thermal efficiency • Flexible and functional space allowing for future change and to the quality of life of its occupants
• Lends itself to high density developments of family homes
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To address our evolving living pattern, additional space is provided within the kitchen area, extending the dining space into the garden and providing a terrace at first floor which also acts as a foundation for future expansion.
CHIMNEY Vertical stack incorporating heat recovery system and adequate space for home services satisfying current and future requirements. Space partitioned for future heating requirements e.g. wood burner.
WINDOWS Large areas of glazing to the south optimise passive solar gain. Deep reveals and adjustable brise soleil panels help to avoid overheating in the summer. Window proportions to the northern elevation draw inspiration from the traditional long house.
MATERIALS Palette of materials draws inspiration for local distinctiveness; where possible materials to be sourced locally. Palette can be simply varied also using contemporary cladding materials where appropriate.
ROOF Traditional roof materials reflecting local character
PARKING Private and visitor parking is provided on-plot to the side of the dwelling. Integrated car-port/garages with terrace area above. Could be easily adapted to another bedroom in the future
STREET Dry stone boundary wall treatment
ENTRANCE Extended roof to form canopy over entrance. Front doors simply expressed with a large side vision panel. Entrance and stairs are to be light and spacious, visually linking the first floor accommodation.
OPEN LIVING
EXTERNALLY
Open plan design allowing for adaptability and flexibility. Social spaces maximise opportunities for visual interest internally and large areas of glazing optimise views to the wider landscape. First floor circulation forming balcony when ‘opened’ up.
Larger secure rear garden with access to first floor terrace and driveway. Opportunities for self reliance - greenhouse, fruit bearing trees and vegetable garden.
The Welsh Long House The classic Welsh long house, originally designed for cattle to one side and farmer and family to the other, presents a wealth of opportunities for modern living. Benefits to developers • Simple efficient floor plan and section makes a cost effective option particularly for the larger family home
Benefits to occupiers • Solar plan form maximisation to lower energy bills • Open plan design allowing for adaptability and flexibility • Maximises opportunities for views towards surrounding area
• Attractive sales opportunities to promote contemporary design solutions to the market • Shallow plan form responding to site topography should reduce engineering and ground modelling infrastructure costs 19
WELSH long house
Wales’ diversity of landscape is internationally renowned and part of our cultural identity. We need to understand this character and strengthen the Welsh built environment as part of our cultural identity, extracting the “relevant” and avoiding the minefield of pastiche to create contemporary design which pays homage to what has worked for centuries. This is not about standardisation; it’s about raising design standards and developing a platform to explore ideas which are relevant to Wales and its urban landscape.
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This is not about standardisation; it’s about raising design standards and developing a platform to explore ideas which are relevant to Wales and its urban landscape.
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We plan to hold workshops in October 2013 to discuss ideas and develop principles for the design of future developments in Wales. To find out more please contact us: kevin.parker@bartonwillmore.co.uk (Urban Design) gareth.howell@bartonwillmore.co.uk (Architecture) mark.roberts@bartonwillmore.co.uk (Town Planning)
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meet the team manchester Our Manchester office began with two staff and a lot of enthusiasm in January 2011. In two years, the team has expanded to a group of 10 Planners and Designers and has taken on many exciting projects across the North West.
As a result, they have lots to say about their region and the city they call home. Here, they discuss the opportunities, recent changes in the City and highlight some of their ideas for the region’s development industry.
the local network. This knowledge is really important for us as a business.”
Born and raised in Manchester, Suzanne Asher, a Senior Planner in the team, has seen lots change over the past 15 years. “The “From a flying start we’re now an established change in the city has been exciting; there is so much momentum. It’s constantly evolving team in Manchester, providing first class services to our clients across the North West,” and is always on to the next site or the next growth area. Manchester is an ever-improving says Dan Mitchell, Partner leading the team. place and has a world class offer to occupiers. “We’ve also introduced a masterplanning team to complement our solid town planning There are clusters of business space which appeal to different users. Spinningfields is capabilities. This will focus on residential home to finance, legal and court services, design work for our housebuilding clients, a with Spring Gardens and King Street being sector which is buoyant in the North West. the traditional office core, complemented The last two years have been hard work in by the primary retail area and leisure spaces growing market share and employing the at Manchester’s north end. The Northern best professional team. From our base in Quarter, Castlefield and Great Northern Spinningfields, we now have strength and depth and are one of the larger town planning Warehouse historic areas lend charm and teams in Manchester. We’ve come across heritage and are a wonderful part of the city’s new clients that only want to use people fabric. We’ve got a great base on which to in Manchester, who know what’s going on, build and the energy to continue to evolve who understand the market and are part of and improve.” 21
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manchester team
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“Spinningfields kick-started a new wave of development,” adds Steven Grimster, Senior Planner, “and is now a superb retail and leisure area too. We have a lot of clients keen to visit our offices due to their location and the range of shops, restaurants, coffee shops and bars on-hand to make great use of for more informal meetings. Other projects such as NOMA have now come forward, and the redevelopment of the ITV studios and “Corridor Manchester” will be the next big projects. I’m hoping they will be redeveloped to provide something a bit different to complement the commercial and residential projects elsewhere in the City; a development that creates a destination which the City can be proud of and which will attract people.”
As Manchester grows, the North West is also in the midst of an evolution. In Spring 2012, the team collaborated with our Research team to produce a North West Housing Market Intelligence report which showed that the Councils across the region were facing a significant shortfall of housing land supply.
Associate Planner Vincent Ryan has been working on several housing schemes throughout the region. “The shortfall in housing numbers, combined with the ‘presumption in favour of sustainable development’ in the National Planning Policy Framework, means that Councils are often having to approve applications which do little more than provide basic dwellings. This makes it all the more exciting to submit Hopes like these have translated into a applications which they are enthusiastic creative approach amongst the team, in terms about. For example, Story Homes’ proposals of their work in improving Manchester, and for 197 homes at the former Lancaster Moor across projects in the North West. Hospital, which we expected to be a bit of an uphill battle given the Grade II listing of the “We’ve adopted a creative approach to building, were quickly approved by a keen developing new clients,” says Dan. “By Council who appreciated the thoughtful focusing on our ideas such as land searches design by our Masterplanners.” and public realm improvements, we’ve been able to present innovative solutions to our The team is also seeing an increase in retail clients, new and old. Generally speaking, applications. Chris Edge, Associate Planner, the feedback has been very positive from our is a retail sector specialist on the team. “It’s contacts who like our proactive approach, clear that the economy in the North West over other consultants. We’ve also diversified is getting back on its feet. We’ve recently and now undertake a range of work across done several retail assessments which show the residential, energy, commercial and retail that there is strong demand for new retail sectors. We’re also progressing four new fire development both in and out of town centres. stations for Cheshire Fire & Rescue, which is a As more people are moving to the region really interesting new project.” and homes are built, there is a correlated requirement for places to work, shop and play. Lorraine Davison, Senior Planner, explains: We are focussing on smaller convenience “Our work is about understanding places shops given the recent shift away from larger where people live and how they move within format foodstores.” the areas. Where do they work, where do they grab a coffee, where do they play, where “There are so many opportunities for are the schools? So what we have to do as development across the North West region,” part of our design work is understand these says Steven Whitehouse, Senior Urban movements and relationships within the Designer. “We have been working with a areas and how our new work will fit in with number of clients to assess and identify those the existing pattern. It’s all about adding to opportunities with real potential, and two the city’s growth and vibrancy.” years on, the results are really starting to show.”
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1/ L-R: Lorraine Davison, Dan Mitchell, Suzanne Asher 2/ Michael Ward 3/ Stephen Tucker 4/ Steven Whitehouse 5/ Vincent Ryan 6/ Tracy Hopkins 7/ Chris Edge 8/ Steven Grimster
extra! extra! So much has been happening in our world since our last Update that we didn’t have room to include it all in this issue! Here is a brief summary of some important changes:
Without Space and Light We have been monitoring the latest RIBA Homewise campaign ‘Without Space and Light’. This is the RIBA’s campaign for the government to introduce minimum space and light standards for all private housing within the UK. You might be interested to know that ‘In February 2013, Homewise commissioned a survey that revealed people feel dissatisfied with their new build home after only two years of moving in. Three key issues stood out as the biggest problems for residents of new build homes: Energy, Space and Natural Light.’ Homewise 2013 In the next issue, we will be bringing you the latest developments and investigating the government’s reactions to the initiative and how this might affect developers and us as designers.
Permitted Development Rights Changes On 30th May, new permitted development rights came into effect for a 3-year period regarding change of use from office to residential. We wrote a guidance note explaining the changes, and even made a handy flow-chart to help you figure out if the new rights apply to your development proposals. The note is on our website at www.bartonwillmore.co.uk/ resources/update-to-permitteddevelopment-rights/ or through the QR code below.
In the meantime, why not check out the website: www.withoutspaceandlight.com and let us know your thoughts on the issue by contacting Amy Dalzell at amy.dalzell@bartonwillmore.co.uk.
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Improving Planning Performance Last month, the government set out criteria to improve the speed and quality of decision-making of Local Planning Authorities when dealing with major planning applications. Our guidance note examines how the proposed measures will work and provides our thoughts on both the benefits and the disadvantages that these may bring. Download the note at www.bartonwillmore.co.uk/resources/ improving-planning-performance/ or by scanning the QR code below. Changes to Listed Building Consent The Enterprise and Regulatory Reform Bill passed through Parliament in April 2013, bringing changes for Listed Building Consent. If you are curious about the changes and what they mean for the future of Listed Building Consent and planning for heritage, you’ll want to read our guidance note on the topic. It’s available at www.bartonwillmore.co.uk/ resources/changes-to-listedbuilding-consent/ or through the QR code to the right.
we’re on the move!
Our Edinburgh and Cambridge offices are both relocating later this summer. Please stay tuned for updated address information, and do let us know if you would like to be invited to office opening events by emailing jackie.vine@bartonwillmore.co.uk.
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This magazine has been edited and designed by the Barton Willmore Marketing & Graphic Design Teams. This artwork was printed on paper using fibre sourced from sustainable plantation wood from suppliers who practise sustainable management of forests in line with strict international standards. Pulp used in its manufacture is also Elemental Chlorine Free (ECF).