Tech Landscape

P38 DECISIONS

P42 LEGAL

P51 WHAT'S ON

SEEING CYCLING IN THE ROUND

FOR YEARS, ROAD DESIGN HAS FOCUSED PRIMARILY ON THE DEMANDS OF LARGE VEHICLES. NOW A NEW TOOL AIMS TO ENSURE THAT CYCLISTS GET THE SAME LEVEL OF PRIORITY, AS MARTIN READ REPORTS

Th is month, software that can be easily added to existing AutoCAD packages will come to market, having been both informed and tested by Sustrans – the walking and cycling charity.

Its relatively simple aim is to make sure that the space designed into cycle routes adequately refl ects the need for cyclists to turn and negotiate routes without obstacle. Th e launch comes as the nation as a whole is seeing huge growth in cycle use for both commercial and recreational purposes. It also comes as Sustrans’ newly published Bike Life report, an assessment of cycling in 12 major cities and urban areas with more than 16,000 residents, shows that more than half (58 per cent) want more investment in cycling, as opposed to 42 per cent for driving. For planners, the software – Transoft’s AutoTurn 11 – would appear well timed.

Essentially, the tool takes swept path analysis – an assessment of the space required to ensure vehicle fl ow – out of the exclusively vehicular world it has inhabited until now. Sustrans’ head of built environment Giulio Ferrini (pictured, right) initiated its development when speaking to Transoft about the possibilities of an adapted Autoturn. Ferrini has since, with colleagues, led the testing and inputting of cycle data necessary to help develop the new AutoTurn’s capabilities.

Ferrini is enthusiastic about AutoTurn 11’s potential. For highways engineers who don’t ride bikes themselves, it will show them the consequences of their actions. For local authorities, it should inform wider discussions about a scheme’s potential social inclusivity. “Th is tool will help in the designing of cycle routes and tracks that can be used by all cycle users – from cargo bikes, tandems to people with trailers – and encourage an appropriate cycle speed to improve the safety of the most vulnerable users,” explains Ferrini.

What it does Where a standard cyclist might be able to make the turn, riders of other

LANDSCAPE Tech { LANDSCAPE

cycle types – cargo bikes, tandems, recumbents – could have diffi culty. AutoTurn allows users to simulate the impact of turns and show when in fact they will be too tight for cyclists to traverse, and it does so considering a range of cycle shapes, sizes and designs. “In most cases we’ve been using the design vehicle from Highways England’s CD 195, which has a 1 metrelong, 1.2m-wide trailer,” says Ferrini. “Tandems have also proven to be quite tricky to manoeuvre, so we tend to also run a simulation for them.”

Ferrini and his team wanted to see data such as lean angles incorporated, measuring diff erent types of cycle users’ movements and reporting the data to Transoft for inclusion in the tool. Th e impact of a total of 13 types of cycles from cargo cycles, tandems, tricycles, cycles with trailers, recumbent cycles and so on, can be measured.

In practice, the two main parameters that can be determined with the tool are the width of cycle paths (and the necessary gaps required between barriers) and the radii of curves that need to be built into the design. “Th e thing it’s best at is visualisation,” explains Ferrini. “Engineers can talk about minimum rate of curvature etc., but when it’s live there in AutoCAD you can literally just click and see how the vehicle swings out and handles the turn and what kind of confl ict that could make. It facilitates engagement with decision-makers or those who may be opposed to the scheme initially or are less technical.” Th e tool’s fi ndings will possibly lead to tweaks rather than wholesale changes to a design, suggests Ferrini – but important tweaks nevertheless. “Th e main opportunities we see are assessing whether any barriers prevent access to those using certain types of cycles.” Th e tool can also show the space requirement of multiple cycles using the same space – “for example, someone overtaking another person cycling, with someone coming the other way – which are going to be increasingly relevant as cycle usage increases. It’s up to designers to estimate how likely these instances are going to be as cycling becomes more popular.”

Wider impact Th e hope is that the tool will lead to the elimination of barriers being designed onto paths, and, indeed, the removal of existing ones.

Ultimately, Ferrini is keen that planners should use the software to eliminate the inherent unfairness between vehicle and non-vehicle design, affording more opportunity for people to choose the latter mode. It should help planners to understand more clearly the considerations necessary for cycling infrastructure as a whole, guaranteeing cyclists the same status as any other user of space when new transport

AutoTURN Pro bicycle simulation

“Part of the aim is defi nitely to bring cycles on a par with motorised vehicles when streets are designed,” says Ferrini. “Vehicle swept path analysis is always required before a design can be approved, and the same should be expected for cycles.

“It clearly shows how much more fl exible and space-effi cient cycles are compared with cars, and how reallocation of space from cars to cycles can lead to more people being able to travel along a street.”

During beta testing, Ferrini has worked with several local authorities providing pro bono checks on designs shared with his team. Th e response “has been amazing, to be honest," says Ferrini. We’ve had emails from across the UK and from abroad asking for more information and how they can access the software”. infrastructure is being designed.

“We hope that planners and local authorities will use the software to ensure the needs of people cycling are given the attention they deserve,” says Ferrini, “and that existing and future infrastructure be designed to be inclusive and accessible to all.” While not a complex product, AutoTURN’s focus on cycling infrastructure is unusual and possibly unique. Unlike for vehicles, there is no design standard for cycling infrastructure. One hope for this tool is that such a standard might ultimately emerge.

n Th e software, AutoTURN Pro 11, is released this month. A webinar explaining it can be viewed on demand here: bit.ly/planner0420-AutoTURN

Visualisations for a positive outcome

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NATIONS &REGIONS

WHAT’S HAPPENING IN YORKSHIRE? HERE’S A ROUND U P O F T H E K E Y P R O J E C T S AND EVENTS IN THE REGION IN 2020

Yorkshire

IN THE PIPELINE

Th e Majestic, home to Channel 4’s HQ, City Square, Leeds Channel 4’s move to Leeds heralds a major upsurge in the cultural and creative life of Yorkshire‘s capital city. Development due to complete mid 2020. bit.ly/planner0420-C4

CITU Developments Climate Innovation District, Leeds + Kelham Island Sheffi eld Sustainable development company Citu is working on a Climate Innovation District in Leeds, comprising more than 500 lowcarbon homes with manufacturing, leisure, offi ces and climate-resilient public realm. Th e £125 million scheme is a key part of the city’s development plans for South Bank Leeds – “the largest, most ambitious city centre regeneration project in Europe”. CITU has also been a key developer in Kelham Island, Sheffi eld, an established and developing urban community. Lessons learnt from the Kelham work are informing the Leeds project. bit.ly/planner0420-Citu

Darley Street Market, Bradford Another piece of Bradford’s ongoing renewal jigsaw. Th e £21m market development will be the biggest project to date in the regeneration of Bradford city centre. bit.ly/planner0420-Darley

WoodSmith Potash Mine, Whitby Th e world’s biggest and highest-grade polyhalite* project is to be situated near Whitby in the North York Moors National Park. Th e mine is anticipated to reach a production capacity of 13 million tons per annum (Mtpa) in 2026 and 20Mtpa by 2029. (* Polyhalite is a mineral salt that can be used as a fertiliser and for other industrial applications.) bit.ly/planner0420-Whitby

Clockwise: Piece Hall, Halifax; Great Barn, Bolton Abbey; St George's Hall, Bradford; Th e Majestic, Leeds; Fruit Market, Hull

RECENT SUCCESSES

Fruit Market, Hull A joint venture between Wykeland Beal and Hull City Council to revitalise a historic area to create a thriving, cultural, creative hub within the city centre and build on the success of Hull’s 2017 year as City of Culture. (See p.36.) bit.ly/planner0420- FruitMarket

Halifax, Piece Hall and Square Chapel Since 1779, the grade I listed Piece Hall has been a meeting point of Halifax’s commercial, civic and cultural life. In an exciting new chapter, it has been reimagined as a new cultural and commercial centre as one of the UK’s most signifi cant heritage projects.

Th e Square Chapel Arts Centre Winner of the RTPI Yorkshire Award for Planning Excellence 2019, judges called this project “an inspiring example of the sustainable reuse and creation of an imaginative, quality space between two nationally important buildings recognising how change can be instigated through persistent

and consistent engagement between community stakeholders, the council and heritage bodies”. bit.ly/planner0420- SquareChapel

Restoration of St George’s Hall, Bradford Another RTPI Yorkshire Award for Planning Excellence 2019 winner: “A wonderful example of the restoration of a grade II listed public hall, so important to the cultural life of Bradford city centre.” bit.ly/planner0420-StGeorge

Th e Great Barn, Bolton Abbey Th is grade II listed 16th century barn in North Yorkshire has been redeveloped from derelict storage space into a wedding venue, which opened in 2018. Its timber structure has been restored and cluttered space cleared away to reveal the scale and simplicity of the original building.

Whitby

Yorkshire Dales National Park Nor th York Mo ors

Scarborough National Park

Harrogate

York

Bradford

Halifax Leeds

Kingston upon Hull

Huddersfield

Sheffield

Scunthorpe

NATIONS &REGIONS

INSIGHT: HULL FRUIT MARKET

Hull City Council’s economic development and regeneration manager Alex Codd explains how a waterfront project has sparked wider awareness of the value of a commitment to design quality

Hull’s Fruit Market, an eclectic mix of warehouse buildings that has been added to over the centuries, has become a good example of why maintaining an independent vision for a revitalisation project matters. Th e project, a joint venture between Wykeland Beal and Hull City Council, is based around the city’s Humber Street, work on which won the Academy of Urbanism’s Great Street Award in 2018. Th e Fruit Market sits between four entities: Marina Humber frontage, the River Hull and Castle Street. It’s surrounded by water on three sides with a road into the port on its northern edge. “It’s almost like a little island in the city centre,” says Codd (pictured). ”We could have decided to build something entirely new. But instead we decided to retain as much as we could. It was about creating a unique reason for people to come down to this area.”

“We also took the decision that we didn’t want national chains as occupiers. We were determined that this was about growing independents.” Th e success of Humber Street has had unexpected benefi ts that have elevated the project’s impact. A new building for the Centre for Digital Industry (C4DI) digital hub persuaded locally based international safety equipment fi rm Arco to relocate its HQ to the Fruit Market; together, Arco and C4DI are bringing another thousand jobs into the heart of Hull city centre.

A £12 million footbridge will link the Fruit Market to the city centre core while £30 million is being spent on pedestrianisation and new surfacing; old goods railway rails have been uncovered and incorporated into new public realm. Common to all of this has been the time spent on design quality. “Th is project has been a major opportunity to alter people’s perception of Hull city centre,” says Codd, “Of course it has cost more, but the success we have had attracting restaurants, galleries and workshops has in turn meant more demand for high-quality offi ce space in this location.”

Meanwhile, JV partner Beal Homes is part way through the site’s 100-unit

housing development. “Th e Fruit Market has always been this eclectic mix of buildings, so we’ve ensured that the housing has its own variety of roof and brick types, responding well to its setting.” Hull’s status as European City of Culture in 2017 helped create a receptive environment for the Fruit Market’s revitalisation. Success has led to greater private sector confi dence in other city centre projects, with the council now bidding for money from the High Street Fund for a project on Whitefriargate.

Codd is keen to emphasise the value of having an urban designer on the council payroll. “Th ey are critical to the quality agenda. You can’t expect a planner working on a local plan or dealing with applications on a daily basis to be able to push it to the same degree. You need someone with that professional background to understand the nuance and detail.”

COMING UP

RTPI Yorkshire has just held its fi rst 2020 conference, ‘Climate Emergency – what next for the UK?’ Th e event is part of the annual RTPI Yorkshire Conference series of events run since 1990. Here’s the list of remaining 2020 events:

Housing Supply, Aff ordability and Access to Land Th ursday 16 April, Leeds

Development Management: Law and Practice Th ursday 14 May, York

Sustainable Urban Design Th ursday 11 June, Leeds

Emerging trends in the Residential Sector Wednesday 8 July, Sheffi eld

Sustainable Planning of Water Th ursday 10 September, Leeds

Planning Policy: Process and Practice Th ursday 15 October, Leeds

Annual Planning Law Update Th ursday 12 November, Leeds

Reimagining our High Streets Wednesday 9 December, Sheffi eld Th e full RTPI Yorkshire Conference Series programme can be viewed here: bit.ly/planner0420-Conferences2020

Planning Policy: Process and Practice With a planning green paper on the horizon, more policy changes are on their way. Th is event on 15 October will consider the most recent reforms to planning policy with practical examples of planmaking and implementation.

RTPI Yorkshire Awards September: Date to be confi rmed

Annual Planning Law Update An essential CPD event, this conference on 12 November provides an update on legislation, policy and case law over the previous 12 months and a look forward to anticipated changes. Provided with the support of Eversheds Sutherland LLP.

C&D { LANDSCAPE

CASES &DECISIONS

A N A LY S E D B Y M AT T M O O D Y / A P P E A L S @ T H E P L A N N E R . C O . U K

Traveller pitches allowed despite High Court injunction

An inspector has granted retrospective permission for 10 traveller pitches in the Hertfordshire countryside that were intentionally set up without authorisation, after deciding that they complied with the local development plan.

Th e appellants, a traveller group, sought retrospective permission to site 10 traveller pitches each comprising mobile homes, touring caravans and utility buildings on countryside land in Hertfordshire, near the village of Little Hadham, near Bishop’s Stortford. Th e caravans all arrived on the site over a single bank holiday weekend in April 2019. Th e council immediately sought an injunction, and in September a High Court judge issued the settlers with a 12-week prison sentence, suspended for 12 months.

However, they were allowed to remain on the land pending the outcome of the present appeal, which was dealt with at an inquiry in November and December. Inspector Claire Sherratt considered fi rst whether the development complied with local policy, and then whether there were any material considerations that would justify deviating from it.

She found the location of the site acceptable, ruling that it was not isolated from services and facilities. Although she found some harm to the character of the

LOCATION: Little Hadham

AUTHORITY: East Hertfordshire District Council

INSPECTOR: Claire Sherratt

PROCEDURE: Inquiry

DECISION: Allowed

REFERENCE: APP/ J1915/W/19/3234671

could be “assimilated into the landscape without signifi cant adverse eff ect”. A rule 6 party – Residents of Little Hadham – argued at the inquiry that the development was harmful to highway safety. Th e key consideration was whether suffi cient visibility could be achieved at the site’s access. After considering evidence from both parties, the inspector ruled in favour of the appellant, fi nding no undue risk to road safety. Sherratt noted that the occupiers of the site “were fully aware of the need to secure planning permission”, but had developed and occupied it anyway.

EXPERT COMMENT

Bishop's Stortford Independent said the group had decided to start work over the Easter weekend in the hope that council planning and enforcement officers would be enjoying time off.

( However, officers contacted a judge by phone on Easter Saturday and were able to secure an injunction. When it was ignored, the council went to the High Court, which handed down a 12month suspended prison sentence, subject to the outcome of the appeal.

( Since receiving inspector Claire Sherratt's decision, a spokesperson told The Planner: “The council is seeking counsel’s urgent advice as to whether there are any grounds to challenge the decision of the Planning Inspectorate under s288 of the Town & Country Planning Act 1990.

( "If there are strong arguable grounds, then the council will file a challenge in accordance with the six week statutory time frame.”

Th e case was therefore one of intentional unauthorised development, she said, which was “a material consideration of great weight” against the application.

However, she ruled, this was not enough to “tip the balance” against the scheme, having found that it accorded with the development plan. Th ere was therefore no need to consider the personal circumstances of the appellants or any other material considerations that might weigh in favour of granting permission, and the appeal was allowed.

‘World-class’ environmental assets at risk from golf course

Scottish ministers have refused plans to create an 18-hole golf course on sensitive coastal dunes in the Highlands, ruling that the scheme’s environmental harm outweighed its economic benefi ts.

Fourteen of the course’s 22 hectares would be built on sensitive coastal dunes near Dornoch that are subject to various environmental designations, including a special protection area (SPA), a Ramsar site, and a site of special scientifi c interest (SSSI). Despite receiving more than 1,800 objections to the scheme and advice to refuse permission from its planning offi cers, the Highland Council voted to approve the scheme in June 2018. However, it was called in shortly after for determination by the Scottish Government.

A public inquiry led by two reporters, David Liddell and Timothy Brian, met in February 2019. Th ey found evidence that the scheme could harm wintering birds and their habitats and impede the proper management of the SSSI. Th ey recommended that the scheme should be dismissed. In their decision, the Scottish ministers acknowledged that the scheme was “consistent with the Scottish Planning Policy (SPP)’s strong support for economic growth, rural development, growing communities and tourism, a key growth sector in the Scottish economy”.

However, they noted that it ran contrary to the SPP’s emphasis on protecting natural heritage sites and “world-class environmental assets”. Overall, the ministers ruled, “the likely detriment to natural heritage is not outweighed by the socioeconomic benefi ts of the proposal”, such that it could not be described as sustainable development. Th e appeal was therefore dismissed. LOCATION: Coul Links AUTHORITY: The Highland Council INSPECTOR: David Lidell & Timothy Brian PROCEDURE: Recovered appeal DECISION: Dismissed REFERENCE: NAHLD086

Th ese are just a few of the 40 or so appeal reports that we post each month on our website: www.theplanner.co.uk/decisions

Asylum seekers' accommodation allowed as a ‘care use’

Plans to use a former nursing home in Glasgow as accommodation for 200 asylum seekers would not be a change of use, a reporter has ruled, after considering the defi nition of the word ‘care’ in Scotland’s use classes.

Th e appeal concerned a former nursing home on the outskirts of Glasgow. Th e appellant, Mack Residential, sought a certifi cate of lawful use to convert the building into accommodation for people in the initial stages of a claim for refugee status, arguing that the change did not require planning permission because the facility would remain a residential institution under use class 8. Th e council disagreed, arguing that the facility would be a sui generis use. After considering the wording of the Scottish use classes order, reporter Dan Jackman ruled that the meaning of “care” for the purposes of interpreting use classes was not restricted to “purely physical care” – as might be implied by the everyday use of the term – and in fact covered “a broader range of activities, including providing advice”.

Turning to the plans, Jackman noted that as well as 200 bedspaces, the proposed fl oor layout showed

LOCATION: Glasgow

AUTHORITY: Glasgow City Council

INSPECTOR: Dan Jackman

PROCEDURE: Written submissions

DECISION: Allowed

REFERENCE: CLUD2602012

accommodation for up to 30 full-time NHS and support staff . “On a fair reading of the contracts, the staffi ng levels and the accommodation provided”, Jackman found “a clear intention to provide a programme of care in the sense defi ned by the use classes order”, at “a scale and level well above what could reasonably be considered ancillary”. Concluding that no change of use would occur as a result of the plans, he allowed the appeal.

C&D { LANDSCAPE

Norfolk ‘Paragraph 79’ nitratefi ltering eco-home is rejected

An inspector has rejected plans for an eco-home including a fi ltration system to remove agrochemicals from groundwater, ruling that the design’s technological innovations did not need to be part of a house.

LOCATION: Letheringsett

AUTHORITY: North Norfolk District Council

INSPECTOR: S J Papworth

PROCEDURE: Hearing

DECISION: Dismissed

REFERENCE: APP/ Y2620/W/19/3236740 Th e appellant sought permission to build a bespoke four-bedroom eco-house in the North Norfolk countryside under NPPF paragraph 79, which allows for isolated homes in the countryside if they are innovative or of exceptional design quality. Th e design included two main innovative features. Th e fi rst was a fi ltration and aeration system to fi lter pollutant agricultural nutrients from surface water, which would fl ow through the house. Th e second comprised a hibernacular façade – a wall with gaps of varying sizes allowing access to a void that would provide shelter for various creatures.

Considering the chemical fi ltering mechanism, inspector S J Papworth noted that only a small area of agricultural land would be decontaminated. Notwithstanding the “symbiosis” between the form of the house and the fi ltration system that informed it, he considered the scale of the system “immaterial” as a testbed for new technology.

He agreed that it was innovative, but considered it “far from clear” that the system needed to be part of a residential development.

He reached a similar view on the hibernacular façade, saying that while there was scope for using it to mitigate the impact of buildings whose presence is essential, it did not justify the existence of a house. As the design “appeared predicated on solving problems that do not require residential development”, he dismissed the appeal.

TV series plaques would devalue commemoration of real people

An inspector has rejected Th ame Town Council’s plans to install plaques marking fi lming locations for Midsomer Murders on six listed buildings in the town, ruling that they would devalue other plaques ‘commemorating real people and events’.

Th e appellant, Th ame Town Council, sought permission from South Oxfordshire District Council to install plaques on six buildings in the town, to indicate locations that had appeared in the ITV series Midsomer Murders. Four of the buildings were listed at grade II, and two at grade II*. Th e appellant indicated that the popularity of the series had encouraged visitors to the area, leading to the establishment of tours and other tourism activities.

It sought to identify the buildings with plaques to help visitors locate them. Th e district council contended that the commemoration of fi ctional characters and places would devalue the historic plaques scheme, which “commemorates actual events

and people”.

It referred to English Heritage guidance on commemorative plaques, which advises that while there are some examples of plaques commemorating fi ctitious characters, and that these “can be popular”, they can also

devalue other plaques.

Inspector Tim Wood said the proposed plaques would relate to “an appearance as a location (or perhaps a few appearances) within a relatively recent fi ctional television drama”. Th is would “signifi cantly devalue the existing plaques which commemorate individuals or historic events”, he ruled.

Concluding that the public benefi ts of the plaques in helping tourists to identify fi lming locations did not outweigh the “less than substantial” heritage harm he had found,

Consequently, Wood dismissed the appeal.

LOCATION: Thame

AUTHORITY: South Oxfordshire District Council

INSPECTOR: Tim Wood

PROCEDURE: Written submissions

DECISION: Dismissed

REFERENCE: APP/ Q3115/Y/19/3239826

D E C I S I O N S DIGEST{

Art studio’s chassis does not make it a caravan An inspector has upheld enforcement action against a corrugated metal art studio in Bradford-on-Avon that was built off -site and delivered on a trailer, ruling that it was a building for planning purposes. bit.ly/planner0420-Caravan

‘Agent of change’ principle precludes offi cetofl ats conversion An inspector has cited both the ‘agent of change’ principle and the impact of mechanical ventilation on wellbeing in refusing prior approval to convert a Crawley offi ce building next to a nightclub into 24 fl ats. bit.ly/planner0420-Agent

Housing allowed near motorway despite air quality concerns An inspector has granted outline permission for 90 homes adjacent to a four-lane stretch of the A1(M) motorway in Cambridgeshire, dismissing criticism of the appellant’s air quality assessment. bit.ly/planner0420-Mway

Local archaeology knowledge forces refusal of 131 homes An inspector was persuaded to refuse plans for 131 homes in Huntingdonshire at a public hearing, after the county archaeological service presented evidence that the site formed part of a wider prehistoric and Roman managed landscape. bit.ly/planner0420-Roman

18storey tower held back by affordable housing agreement An inspector has cited an incomplete ‘bespoke agreement’ for variable aff ordable housing in refusing plans for an 18-storey tower comprising 151 fl ats in Leeds, after overturning four of the council’s fi ve grounds for refusal. bit.ly/planner0420-Leeds

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1.5tonne ‘camping pods’ are buildings despite manufacturer’s advice An inspector has upheld enforcement action against four ‘camping pods’ at a campsite in the New Forest, ruling that they were not caravans or tents but buildings that required planning permission. bit.ly/planner0420-Pods

CAMRA evidence counts against pub’s illegal conversion A couple who illegally converted a Herefordshire pub into a home in 2012 have again been refused retrospective permission, after representations from CAMRA and the local parish council at a public hearing persuaded an inspector. bit.ly/planner0420-Pub

‘Quirky’ conversion of Victorian water tower rejected An inspector has dismissed plans to convert a water tower in the grounds of a grade II* listed manor house in the Hertfordshire green belt, despite acknowledging that the scheme would be an “interesting and imaginatively quirky” project. bit.ly/planner0420-Tower

Meals on wheels scheme can replace axed council service A Carmarthenshire woman’s plan to run a meals on wheels service from an outbuilding at her home to replace a service previously off ered by the county council can go ahead, an inspector has ruled, citing the Wellbeing of Future Generations Act. bit.ly/planner0420-Meals