The Planner January 2018

JANUARY 2018 THE VIABILITY LOOPHOLE: PLANNERS FIGHT BACK // p.22 • PLANNERS MUST LEAD ON CLIMATE CHANGE // p.26 • RTPI AWARDS CASE STUDY: SEAMUS HEANEY HOMEPLACE // p.30 • NATIONS & REGIONS FOCUS WALES // p.36 •

T H E B U S I N ES S M O N T H LY FO R P L A N N I N G P R O F ES S IO N A LS

VIEW FROM THE TOP JOHN ACRES, THE RTPI’S NEW PRESIDENT, ON WHY PLANNERS NEED TO SPELL OUT THE BENEFITS OF PLANNING

01_Cover__The Planner 1

19/12/2017 12:52

p02_PLN.JAN18.indd 2

14/12/2017 09:56

PLANNER 09 18

CONTENTS

THE

JANU ARY

20 18

NEWS

4 Much promised, little delivered?

6 It’s not just about the numbers

7 Scotland needs ‘bolder’ planning legislation

8 Planning for the future: lessons from history 9 Child-friendly places improve city economies 10 Nine out of 10 councils are building homes

15

OPINION

14 Chris Shepley: Planning the urban future in 1960s Britain and all that…

16 Gavan Rafferty: Can we make sense of Brexit by understanding ‘place’?

16 Jane Gratton: Business’s voice is being lost as housing drives the agenda 17 Steve Frazer: Streets ahead, or one step behind in Sheffield?

17 Janice Morphet: Necessity is the mother of construction for councils

“WHENEVER YOU MENTION LAND VALUE CAPTURE, IT HAS ALREADY BEEN SPENT 10 TIMES OVER” ROBIN MILLER STOTT, SENIOR POLICY AND STRATEGY OFFICER AT TRANSPORT FOR THE NORTH, SPEAKING AT A JOINT RTPI AND TRANSPORT PLANNING SOCIETY EVENT, SPATIAL PLANNING AND SUSTAINABLE TRAVEL

COV E R | PE T E R S E A R L E

03_Contents__The Planner 3

INSIGHT

FEATURES 18 Martin Read talks to incoming RTPI president John Acres about his aim to emphasise the creative nature of the profession

33 Tech landscape: ‘Verified views’ impartially represent proposed developments as they would be expected to appear in reality

22 How local authorities and campaigners are fighting developers’ grip on the viability ‘loophole’

40 Decisions in focus: Development decisions, round-up and analysis

26 Local authorities must lead the way in limiting climate change, says Waheed Nazir 36 Nations & Regions: Wales

QUOTE UNQUOTE

“I DON’T FEEL LIKE I’VE PLANNED MY CAREER. IT’S BEEN A SERIES OF OPPORTUNITIES, AND I’VE TAKEN THEM AS THEY’VE ARISEN”

22

14

42 Legal Landscape: Opinions, blogs and news from the legal side of planning 46 RTPI round-up: News and interviews from the institute 50 Plan B: Polyditherum – or how nothing happens quickly in the world of public health

18 J ANU AR Y 2 01 8 / THE PLA NNER

3

19/12/2017 15:08

NEWS

Report { AUTUMN BUDGET 2017

Much promised, little delivered?

By Laura Edgar

It was dubbed the housing budget before chancellor Philip Hammond delivered it. However, despite parts being welcomed, many industry professionals were left feeling underwhelmed, with Tony Lloyds describing the budget as a “damp squib” at the Town and Country Planning Association’s (TCPA) annual conference (see page 6).

It appears to give a lot, but the headlines are backed up with little detail on taking measures forward and how they might work in practice.

The headline announcements Housing n Build 300,000 homes a year by the mid-2020s. n £15.3 billion to support the housing market, including for skills, resources and building land, taking the total to £44bn for this Parliament. n £204 million for innovation and skills in the construction sector. n The stamp duty level has been raised to £300,000 for first-time buyers and in expensive areas, the first £300,000 of the cost of a £500,000 purchase by firsttime buyers is exempt. n Extension of the National Productivity Investment Fund by one year and expanded to over £31bn. £1.1bn will be used for a new Land Assembly Fund while £630m aims to accelerate the building of homes on small, stalled sites. n Five new garden towns will be built, using delivery vehicles such as development corporations. n The Housing Infrastructure Fund will be increased by £2.7bn to £5bn. n The Housing Revenue Account borrowing caps for councils in areas suffering pressure on housing affordability has been lifted.

4

T H E P L AN N E R \ J A N U A R Y 2 0 1 8

04-05_News__The Planner 4

Planning g system reform For Hammond, mond, “solving the housing challenge takes more than money. It takes planning nning reform”. He said this would make ake the best use of urban land and continue nue the “strong protection of our green belt”.

A number ber of consultations will be held, including uding on a new policy that could d see local authorities expected to “permission land outside their heir plan on the condition that a high proportion of the homes are e offered for discounted sale for first-time buyers or affordable rent”.

Building out faster n Local authorities will be expected to bring forward 20 per cent of their housing supply as small sites. n A review panel, chaired by Sir Oliver Letwin, MP for West Dorset, will be established and tasked with reviewing the “significant” gap between housing completions and the amount of land allocated for permission.

n The government has agreed a second devolution deal in principle with Andy Street, Mayor of the West Midlands Combined Authority. n Following the National Infrastructure Commission report on the CambridgeMilton Keynes-Oxford corridor, the Budget sets out a programme of infrastructure and business investment.

Devolution and local growth

Scotland

n The government has agreed a

Negotiations have begun for a growth deal for the Borderlands, a cross-border initiative involving joint proposals put forward by Dumfries & Galloway Council and the Scottish Borders Council, together with Northumberland and Cumbria County Councils and Carlisle City Council.

The UK Government also said it was

devolution deal with the North of Tyne authorities. A mayor will be elected in 2019. n Greater Manchester and the government will develop a local industrial strategy, while £243m from the Transforming Cities Fund will go to the region.

I M AG E S | S H U T T E RSTO C K / G E T T Y

20/12/2017 09:49

PLAN UPFRONT

that will be generated through the city region deals. “If they are to deliver the transformational change we want for our cities they should not work in isolation but rather look to the short, medium Wales and long term through development The UK Government is committed to plans. This shows the value in retaining beginning formal negotiations towards strong regional planning partnerships a North Wales growth deal and will that work closely with economic also consider proposals for a Mid-Wales development, infrastructure and growth deal. There will be station transport functions.” improvements at Cardiff Central Station Roisin Willmott FRTPI, director of and Swansea to improve journey times.

RTPI Cymru and RTPI Northern Ireland, said support for North and Mid Wales Northern Ireland is welcome to provide “much-needed” Northern Ireland will get an extra investment in these “important regions”. £540m to spend on infrastructure over “The transport investment is also the next four years. Much of this is in the necessary and RTPI Cymru continues form of so-called Financial Transactions its call for these plans to be integrated Capital, which means it must be a loan within Strategic Development Plans to or investment in a private sector project. ensure they are integrated, long-term The UK Government has pledged to sustainable solutions.” open negotiations for a city deal for Speaking about Belfast “upon restoration Northern Ireland, Willmott of a Northern Ireland Executive”. ”THIS BUDGET HAS said: “We welcome the consultation on a city OFFERED VERY deal for Belfast, but this LITTLE IN THE WAY OF A JOINED­ must be based on a wider strategic plan for the city UP HOUSING region. Support for Derry/ Opportunity missed POLICY“ Londonderry – voted Stephen Wilkinson IAN ANDERSON, Northern Ireland’s Best MRTPI, president of the CEO OF RTPI, said Hammond ICENI PROJECTS Place by the public – should be brought forward has missed the chance to in any proposals to ensure tackle the “dysfunctional” there is balanced investment across the land market, which is the “fundamental two main centres of Northern Ireland.” cause of the housing crisis”. He suggested that the chancellor could have introduced measures to capture Stamp duty won’t dent crisis the increase in land value for public “For a government with housing as its good or make it easier for councils to stated political priority, this Budget was compulsorily purchase land. light on solutions,” said Ian Anderson, “Another inquiry into the discrepancy chief executive officer at Iceni Projects. between planning permission level and The measure to abolish stamp duty building-out rate is not what we need, will be welcome for those who can the issue is a complex one which has already afford to buy a home, “but it will been extensively reported on. We need make no dent in our housing crisis”. firm action now as we are losing time, All things considered, “this Budget has as prices may rise as an unintended offered very little in the way of a joinedconsequence of the abolition of the up housing policy”, he said. stamp duty for first-time buyers.”

But Brian Berry, the Federation of Although he said there are Master Builders CEO, said the chancellor positive announcements, such as the appeared “to be putting his money commitment to new garden towns, the where his mouth is”. He specifically Budget is “a missed opportunity to solve noted the £1.5bn for the Home Building the housing crisis”.

Fund to be targeted at SME builders.

Craig McLaren MRTPI, director of Berry also welcomed the commitment RTPI Scotland, welcomed the resources to training for construction skills. continuing to make good progress towards a city deal for Stirling and is in negotiations for a Tay Cities deal.

What you thought

Learning from the past Kate Henderson, chief executive of the Town and Country Planning Association, welcomed the five new gardens towns, but also called on the government to commit to the garden city principles to ensure these new garden towns “will be happy, healthy and affordable places to live and work”.

“A key lesson from the past is that success depends on national and local government doing their homework on the right locations for new towns…

They require an expert process of site selection, real community engagement and a long-term commitment to the highest-quality design standards on everything from accessibility to climate change.”

Planning not a barrier to growth There are a number of measures in the Budget that might make a difference, said Martin Tett, housing spokesperson for the LGA. He highlighted the rise in money for the Housing Infrastructure Fund and for SME builders.

However, he said planning “is simply not a barrier to housing growth”.

“Councils approve nine out of 10 applications and are doing all they can to deliver affordable homes with wider local services and infrastructure.

The single biggest measure that the government could take to speed up the planning process would be to cover the cost of processing applications for councils.”

Nothing to be proud of “While the chancellor may feel pleased with his stimulus to technology and housing, this government must be judged on results,” said Mathew Riley, managing director of Ramboll.

“We have run out of time for endless reviews where nothing happens, we need real leadership to deliver 300,000 homes a year.

“This government’s track record is not promising – they seen unable to make a decision on additional runway capacity in the South East and growing rail requirements across England and Wales. Ultimately, this investment is too little and will constrain productivity in the UK. “This is not a Budget to be proud of.”

J ANU AR Y 2 01 8 / THE PLA NNER

04-05_News__The Planner 5

5

20/12/2017 09:49

NEWS

Analysis { TCPA ANNUAL CONFERENCE The UK faces a crisis in its ability to meet the housing needs of a growing older population

It’s not just about the numbers

By Laura Edgar The Town and Country Planning Association (TCPA) Annual Conference – ‘Better homes, better place’ – took place the day after the Autumn Budget, meaning the Chancellor’s statement was at the forefront of attendees’ minds.

While the government placed great emphasis on numbers and money – new or reannounced – the speakers and audience placed the emphasis on people, place-making and cooperation.

TCPA chief executive Kate Henderson noted Philip Hammond’s target of building 300,000 homes a year, saying that talking about the numbers “does not get the homes built”.

To achieve such a target, there needs to be more investment in social rent homes, and leadership at the local and national levels. “The national government needs to trust councils to get on with building.”

Tony Lloyd, shadow housing minister, concurred. If the numbers being talked about are to be delivered, “we have got to begin to say we trust local authorities, because we cannot deliver without them”.

Henderson noted that “the narrative was clear on supporting” young people, but the UK has a “very acute” housing crisis for older people.

“Living longer is something to celebrate, but we need to adapt for that,’ she said.

Baroness Scott of Bybrook OBE, leader of Wiltshire Council, agreed, emphasising the need to build the right kind of homes.

“In Wiltshire, we have 50 per cent more older people on average than anywhere in the UK. We expect the number of over-75 year olds to increase by 68 per cent in the next 10 years. That is a big challenge.”

People with disabilities also need to be considered, to ensure that they can live in their own home with the right care.

6

“Just making a few alterations to a house doesn’t make a house liveable for a severely disabled person,” said Scott.

She also spoke about the national challenge, calling the planning system “too complicated”.

“I think it needs to be simpler. It needs to be speedier. I am sick of spending four years on a development plan and having to go out and consult and consult and consult with people and actually, they have lost the will to live. People want you to consult with them and they want you to deliver.”

Brian Briscoe MRTPI (Rtd), chairman of Garden City Developments, said the same. “When we consult with people, we should do it once. We have got death by consultation.”

London Assembly member Tom Copley highlighted his recent visit to see council housebuilding in Lewisham – the first programme in about 30 years.

“The problem that Lewisham has, and indeed all other local authorities that want to build have, is that their ambitions to build are not matched by their capacity and their capacity is artificially constrained by government.”

These constraints? The housing revenue account cap and councils’

inability to compulsorily purchase land.

Garden developments have been billed as a way to deliver some of the homes needed. Briscoe talked about the nine TCPA garden city principles, including land value capture – that such a development should fund itself from the uplift in land value – and the community leading the development.

Further to this, it is not about the fiveyear housing land supply. “It is about a 20 to 30-year vision for the community.”

Therefore it is about where the employment is going to come from, how infrastructure delivery will be managed over a long period.

“You cannot do infrastructure over five years. There is not enough money in the land uplift to pay for it all.”

So, as Lloyd said, “it is not enough to will the headline. We have to will the action.”

Rebecca Hildreth, head of communications and marketing at the RTPI, said the institute would be considering resilient planning next year.

“The RTPI will hold its annual Planning Convention on 21st June 2018. It will explore housing delivery in greater detail, along with other issues under the theme of “Resilient planning for the future.”

T H E PL AN N E R \ JA N U A R Y 2 0 1 8

06-07_News__The Planner 6

19/12/2017 12:54

PLAN UPFRONT

Ballycroy National Park enlarged

Ballycroy National Park is one of Europe’s largest expanses of peatland

North Mayo’s Ballycroy National Park has grown from 11,000 to 15,000 hectares following the transfer of Coillte land in the Nephin mountains, known as ‘Wild Nephin’.

The transfer agreement is the result of a longstanding collaborative project between the state’s forestry agency and the Department of Culture, Heritage and the Gaeltacht.

It will make Ballycroy, which already has coveted ‘Dark Sky’ designation for stargazing, as the third largest of the state’s six national parks.

The expansion will improve access points to Ballycroy, and allow for a link to the Great Western Greenway extending north to Bangor Erris and Ballycastle.

The National Parks and Wildlife Service will now manage this transfer of land and a public amenity conversion plan will be put in place.

Scotland needs ‘bolder’ planning legislation Organisations involved in planning across Scotland have urged the Scottish Government to be bolder and more ambitious in its planning reforms following publication of its proposed legislation.

Local government minister Kevin Stewart insisted that the Planning (Scotland) Bill would “create a new structure for a more proactive and enabling system with clearer development plans, earlier engagement with communities, streamlined procedures and smarter resourcing”.

The bill builds on the recommendations of an independent review carried out by a panel of experts last year.

The measures include bolstering the status of the National Planning Framework, removing the requirement to produce strategic development plans and restructuring the processes for producing local development plans. It also includes a new right for communities to produce their own plans for their places, makes provision for simplified

development zones and proposes a raft of changes to development management processes.

Also in the legislation are measures to strengthen enforcement powers, widen the scope of planning fees and a new requirement for members of planning authorities to undertake training. In addition, the bill provides for the introduction of an infrastructure levy.

RTPI Scotland has given the legislation a cautious welcome, insisting that it should be bolder.

Stefano Smith, convenor of RTPI Scotland, said: “The bill, as introduced, has the right direction of travel and will fix some of the issues faced in planning our cities, towns and villages. However, we question if it is bold enough to make the step change required for a world-leading planning system.”

Planning Aid for Scotland agreed.

Petra Birnbath said: “The Scottish Government needs to be bolder and more ambitious in its approach.”

RICS Scotland said it also felt the bill lacked ambition.

Belfast’s planning service faces overhaul Belfast City Council has confirmed that it is reforming its planning service following recommendations in a report commissioned from Scotland’s former chief planner Jim Mackinnon.

In October Belfast City Council engaged Mackinnon to carry out a “high-level review” of how the capital’s planning service has managed the transition from central to local government.

The council’s planning director Belfast City Hall Phil Williams has left the local authority. Keith Sutherland, a senior planner, is currently running the service on an interim basis until a replacement for Williams is recruited.

A statement sent to The Planner

by Belfast City Council reaffirmed these moves. A council spokesperson said: “Belfast City Council can confirm it is to reform its planning service with a renewed I M AG E S | A L A M Y / G E T T Y

06-07_News__The Planner 7

focus on customer relations following recommendations in a report it commissioned from Scotland’s former chief planner Jim Mackinnon.

“As Belfast continues to experience an unprecedented level of growth the new measures have been designed to improve the quality and speed of the application process. It is too early to release details as the draft recommendations have yet to be Aqui solorum quo blaccus ducia vit enda shared with elected members but velic to omnimagnis will be shared in due course.

“As part of a longer-term corporate change plan, Belfast City Council is currently recruiting for a number of appointments to its new senior management team including a director for planning and building control. That process has been under way for some time.”

J ANU AR Y 2 018 / THE PLA NNER

7

19/12/2017 12:54

NEWS

Analysis { BRISTOL PLANNING LAW AND POLICY CONFERENCE

Planning for the future: lessons from history

planner as development management mediator.”

Arguing that the coalition government was now embarrassed that it had got rid of regional planning, Lock claimed it was now high time for a contemporary version of the Skeffington Report – published in 1968 to assess how the public might become more involved in the creation of local development plans – to revisit the whole idea of public consultation (“public consultation is not necessarily public participation”).

The roads ahead

By Martin Read The 18th annual Bristol Planning Law and Policy conference, held at Brunel’s Old Station in Bristol, took the anniversary of the Town & Country Planning Act as its theme, asking – ‘70 years of modern planning: Back to the future?’

The topic certainly had the veteran planning consultant David Lock MRTPI reaching for the archives. It was difficult to overstate how “intensely and transformationally radical” the various Acts of Parliament in the post-war Atlee government were, said Lock.

“It was the most radical, revolutionary government that we have ever had.”

He pointed first to what he saw as the extraordinary success of the Town & Country Planning Act’s elder sibling, the New Towns Act of 1946, under which 32 new towns, now home to 2.4 million people, were built – “fabulous legislation, which has since been copied all over the world”.

A total of £1.6 billion was returned to the Treasury by the new towns resulting from the 1946 act, marvelled Lock.

“Milton Keynes paid its last cheque to the treasury in 1996, for £75 million – of which, £45 million was a penalty charge for repaying the loan early!”

8

Later, Jonathan Riggall of consultants PBA turned his attention to the ‘Back to the Future’ part of the event theme. Unlike the movie, where we’re going we probably will need roads – the bigger questions surround type of vehicles these roads will be moving.

By 2030, said Riggall, a significant percentage of the UK’s population is likely to be running electric cars – but the As for the Town & Country Planning development of the charging Act, Lock laid out the contrast between infrastructure necessary to keep them then and now. Marginalisation of planners running was not looking like keeping pace within government is a key issue. with demand.

“In 1947, planners had major positions “The mega-trends associated with in government departments; entire autonomous vehicles are amazing,” said sections of town planners advised Riggall, “albeit we’ve no idea when they ministers and the Civil Service had the will take effect.” benefit of professional qualified and Indeed, the problem of predicting the trained planners. demand for road infrastructure was a “That resource has shrunk to the extent concern raised by consultant Chris Shepley that it’s now just a small team dealing MRTPI in his summary of the day’s events. with called-in enquiries and appeals. They “I’ve seen everything from predictions have very little involvement in policyof a reduction of 80 per cent of cars on the making. This, to me, explains why so road to an increase of 20 per cent. A range many government initiatives and like that makes planning quite difficult…” announcements make your eyebrows go Sarah Richards MRTPI of the Planning up – because they are drafted by people Inspectorate spoke of expecting to be with no knowledge,” he said. dealing with “around 35 road schemes coming our way over next few years.”

But for her, the coming problems for A Skeffington revival planning came down to sheer numbers. “I The act’s legacy with the wider population have a deep concern about where our next is considerable, Lock continued. “We’ve generation of planners are coming from,” learned that control of use of land is a said Richards. “There is simply not the popular thing; that development control is workforce coming popular, and that people through; we’re building like the fact they can “IN 1947, PLANNERS write to someone. In my HAD MAJOR POSITIONS up some big problems over the next five to opinion, people really IN GOVERNMENT 10-year horizon.” like the idea of their local DEPARTMENTS”

TH E P L AN N E R \ JA N U A R Y 2 0 1 8

08-09_News__The Planner 8

20/12/2017 09:52

PLAN UPFRONT

Child-friendly places improve city economies Ensuring that cities are child-friendly could help to retain a skilled workforce and improve their economic performance.

Cities Alive, a report by built environment consultant Arup, says cities risk suffering a “hollowing-out effect” that would impact on economic and cultural life, leading to families moving away if they don’t address the needs of children.

Children being able to get about independently and the amount of time they spend playing outdoors, as well as their connection to nature, are noted in the study as being strong indicators of how a city is performing for all people who live

there. “Perhaps uniquely, a child-friendly approach has the potential to unite a range of progressive agendas – including health and well-being, sustainability, resilience and safety – and to act as a catalyst for urban innovation,” it says.

Urban children face a number of challenges, including traffic and pollution, living in high-rise developments, crime, isolation and unequal access to the city.

Civic leaders, developers and designers are urged to do more than just provide a playground, and look to examples from around the world to ensure that cities are child-friendly. One such development is

First marine plan for Welsh seas revealed The Welsh Government has published the first marine plan for Welsh seas, covering the inshore and offshore marine plan areas for which Welsh ministers are the planning authority.

The draft plan introduces a framework to support sustainable decision-making.

It sets out strategic objectives and presents both general and specific sector policies.

The plan area consists of 32,000 square kilometres of sea, as well as 2,120 km of coastline.

This plan covers both the Welsh inshore region (from mean high water spring tides out to 12 nautical miles from shore) and offshore region (beyond 12 nautical miles) in a single document. Unless otherwise stated, policies in this plan apply to both the Welsh inshore and offshore regions.

This plan applies to the exercise of both devolved and retained functions. It identifies

resource areas – broad areas that describe the distribution of a particular resource that has the potential to be used or is used by certain marine sectors.

The following marine sectors have significant potential for sustainable growth over the plan’s lifetime: n n n n

Renewable energy Ports and shipping Tourism and recreation Aquaculture.

n The consultation is on the Welsh Government website until 29 March: bit.ly/planner0118-draft I M AG E S | S H U T T E RSTO C K / I STO C K

08-09_News__The Planner 9

Kings Cross Central, which “incorporated playful interventions as a means of urban regeneration and to create a fun and vibrant destination for all ages,” says Arup. This involved incorporating an arts programming, urban gardens and a temporary open-air swimming pond to generate outdoor activity.

In 2015, road traffic injury was the main cause of death globally for those aged 10 to 19 years old. In South Korea, the School Zone Improvement Project aims to create safe routes between children’s homes and frequently used facilities. n Arup’s Cities Alive: bit.ly/planner0118-child

Westminster to tackle fast-food delivery ‘nuisance’ Westminster City Council’s City Plan is set to introduce new rules that would compel restaurants offering fast-food deliveries through companies like Deliveroo and Uber Eats to apply for planning permission.

The council has already taken planning enforcement action against a branch of Nando’s in Westbourne Grove following complaints from residents about being disturbed by large groups of moped delivery drivers waiting for orders.

Over several weeks, the council said several of its officers had observed large numbers of mopeds parking inappropriately, making noise and causing congestion outside the restaurant. As a result, the council issued a notice for the branch of Nando’s to stop providing deliveries.

Westminster City Council’s new city plan will introduce a new policy to support this kind of action.

Restaurants providing large numbers of deliveries through delivery apps “to the point they are no longer a secondary use,” the council explained, will have to apply for planning permission for the change of use, as well as demonstrate that they minimise disruption in local neighbourhoods.

If they do not abide by these rules they could become subject to formal enforcement action.

J ANU AR Y 2 018 / THE PLA NNER

9

20/12/2017 09:52

NEWS

Analysis { LOCAL HOUSEBUILDING

Nine out of 10 councils are building homes Huw Morris Nine out of 10 councils are engaged in some form of housebuilding amid private developers’ failure to deliver enough homes.

Birmingham City Council is faced with a looming crisis. The city predicts population growth of 150,000 and 89,000 additional households by 2031. Yet new home completions have fallen from 4,000 in 2003 to 1,809 in 2014. Its housing waiting list has hit 21,000 and 1,500 households are stuck in temporary accommodation.

The council has responded by launching its own building arm, Birmingham Municipal Housing Trust, which develops 25 per cent of new homes in the city.

“There is something in the DNA of people working in the public sector that wants to do something for their communities,” says the council’s head of development Clive Skidmore.

Birmingham is not alone. Councils of all shapes, sizes and political control are now building homes. Latest research shows nine out of 10 local authorities are engaged in housebuilding in some form, with 65 per cent directly involved in delivering homes through housing companies or building using the housing revenue account (HRA).

Others are using their general funds to build, forming joint ventures with developers, giving loans to organisations to bring homes back into use or funding extra care housing. Only 32 councils in England are not involved in housing delivery.

housing originally agreed”.

Janice Morphet FRTPI, a professor at University College London’s Bartlett School of Planning and co-author of the study, admits she was surprised at the extent of councils’ involvement. She points out that authorities have learned there is no obligation on any developer to build any housing without planning permission. Their obligation is to their shareholders, and councils are responding

10

T H E PL AN N E R \ JA N U A R Y 2 0 1 8

10-11_News Opi__The Planner 10

91%

Percentage of English local authorities B o r d e rinl aproviding nds: engaged homes in one form F a c t s a n d or f i ganother ures

65%

Percentage of councils citing the housing revenue account borrowing cap preventing them delivering more homes

53%

Percentage of councils that directly engage in delivering housing

44%

Percentage of councils with a housing company

30

Birmingham City Council offices

by taking their own action to build homes.

“Once councils decide to build, they go for planning consent,” says Morphet. “Once they get going, they do build out the numbers they identify. This is an area of difference with the private sector that builds according to the market. Where councils commit, they will build 100, 200, even 500 homes if that helps meet need quickly.”

Builders failing to respond The study, commissioned by the National Planning Forum and the RTPI, reveals rising frustration among authorities at granting ever more planning permissions and taking decisions that are “frequently unpopular with the local electorate” only for private housebuilders to have “subsequently failed to respond by building permitted homes or sought to renegotiate away the development contributions, infrastructure of affordable

REPORT STATISTICS

Working with developers As for the increasingly intense relationship between planning and housing, councils now generally assume the five-year land

“WE DON’T KNOW IF COUNCILS WILL EVER DELIVER 100,000 HOMES A YEAR BUT THEIR CONTRIBUTION IS LIKELY TO BE SIGNIFICANT”

The number of housing companies established in 2017 alone

supply identified in local plans is for private sector development rather than all types of housing need. Seven out of 10 planners say their authority is working with developers to unblock stalled schemes with permissions, with many preparing masterplans, supplementary planning documents, compulsory purchase orders or talking to other organisations with interests in the sites.

But the cap on HRA borrowing prevents 53 per cent of authorities from building more homes. Local government is lobbying the Treasury to remove this entirely.

“We don’t know if councils will ever deliver 100,000 homes a year but their contribution is likely to be significant,” says Morphet. n See Local Authority Direct Provision of Housing at bit.ly/planner0118-housing I M AG E S | A L A M Y

20/12/2017 12:04

LEADER COMMENT

Opinionn The importance im of what we see as personal perso – I recently had the pleasure of Neale, head of watching Jon N agents research for property prop JLL, try to explain how the planning economy and our p by priorities will be affected e shaping the the technology shapin shop. way we work and shop colleagues Neale and his colleagu have been running a number num of projects to assess how ttechnology te chnology will shape sha how we w e work and shop.

W can plan for such We themes as a population ageing extremely rapidly, but the effect of technology, and indeed our willingness to accept it, is considerably more difficult to discern. But to what extent, asked Neale, will automation affect the knowledge work economy?

It could destroy whole sectors of economy, we hear. It could continue to define how we shop and work. Could, could, could – not exactly a word to help in planning ahead. And if anything, this lack of

Martin Read certainty is increasing.

How can planners respond to the growth of a generation increasingly used to shopping online? A high street shop is increasingly no longer a place to buy things, more a place for you to experience something you then buy online. It’s not so much a place for transaction, more a place for brand experience. The amount of stock may be quite minimal.

What does this mean?

Less retail space in future, and those middlemen

secondary retailers without their own USP set to struggle the most.

Neale refers to an office ceasing to be where you work, and instead offered as “a service provided to staff”. There’ll be more personalisation of space, he says, with separate places for collaborative work and a real emphasis on well-being. Providing the right environment will be increasingly crucial to that often sought yet so rarely improved concept – productivity.

The reason so much of this is unknowable is because we are experiencing an unprecedented reassessment of what constitutes the

“A HIGH STREET SHOP IS INCREASINGLY NO LONGER A PLACE TO BUY THINGS, MORE A PLACE FOR YOU TO EXPERIENCE SOMETHING YOU THEN BUY ONLINE”

private and the social. We accept smartphones learning our travel routes and feeding us useful traffic data, but can we say the same thing about such technological incursions as those offered by an American micro-tech firm which is ‘offering’ its employees the ‘opportunity’ to have a near-field communications chip implanted into their hands in order to complete a variety of workplace tasks?

Logging on to your computer, breezing through security doors, print out at the copier – all without having to worry about a ID card or fob. Soon you’ll pay for services by a simple wave of the hand.

All very Star Wars, but it’s the extent to which we as individuals buy in to this behaviour-changing technology that will determine all the business and infrastructure planning at the other end. From autonomous cars to offices as a service, it’s surely never been this difficult to outline the likely requirements in the years ahead.

CONTACTS Redactive Publishing Ltd Level 5, 78 Chamber Street, London, E1 8BL, 020 7880 6200

Sub-editor Deborah Shrewsbury Picture editor Claire Echavarry Designer Craig Bowyer

EDITORIAL

A DV E RT I S I N G & M A R K E T I N G

Tel: 020 7324 2736 editorial@theplanner.co.uk

Display sales Daniel Goodwin – 020 7880 6206 daniel.goodwin@redactive.co.uk

Editor Martin Read martin.read@theplanner.co.uk

Recruitment sales Suzanne Penfold – 020 7880 7556 Katy Eggleton – 07902 318067

Consultant editor Huw Morris

PRODUCT ION

Deputy editor Simon Wicks simon.wicks@theplanner.co.uk

Production manager Jane Easterman

Reporter Laura Edgar laura.edgar@theplanner.co.uk Content development executive Matt Moody

ISSN 2053-7581 SUBSCRIPTIONS

Senior production executive Aysha Miah-Edwards PUBLISHING Publishing director Joanna Marsh

£120 – UK £175 – Overseas Average net circulation 18,373 (January-December 2016) (A further 5,700 members receive the magazine in digital form) © The Planner is published on behalf of the Royal Town Planning Institute (RTPI) by Redactive Publishing Ltd (RPL), 17 Britton St, London EC1M 5TP. This magazine aims to include a broad range of opinion about planning issues and articles do not necessarily reflect the views of the RTPI nor should such opinions be relied upon as statements of fact.

All rights reserved. This publication may not be reproduced, transmitted or stored in any print or electronic format, including but not limited to any online service, any database or any part of the internet, or in any other format in whole or in partww in any media whatsoever, without the prior written permission of the publisher. While all due care is taken in writing and producing this magazine, neither RTPI nor RPL accept any liability for the accuracy of the contents or any opinions expressed herein. Printed by PCP Ltd.

RT P I C O N TA C T S Membership membership@rtpi.org.uk 020 7929 9462 Education education@rtpi.org.uk 020 7929 9451 Planning Aid England advice@planningaid.rtpi.org.uk 41 Botolph Lane London EC3R 8DL Media enquiries Rebecca Hildreth rebecca.hildreth@rtpi.org.uk 020 7929 9477 The Planner is produced using paper that is elemental chlorine free and is sourced from sustainable managed forest.

J ANU AR Y 2 0 18 / THE PLA NNER

10-11_News Opi__The Planner 11

11

20/12/2017 09:53

ADVERTISEMENTS

Consultants { border

Planning our sustainable future

Birmingham Bristol Derby Exeter Glasgow London Warrington

Contact:

Joanne Farrar +44(0) 0203 214 8889 Joanne.farrar@atkinsglobal.com http://www.atkinsglobal.com/urban-planning

DUFKDHRORJ\ DUFKDHRORJ\ EXLOW KHULWDJH ZRUNLQJ WKURXJKRXW WKH 8.

H DVN# borderDUFKDHRORJ\ FRP W

ERUGHUDUFKDHRORJ\ FRP ,62 _ ,62 _ 2+6$6

THE BUSINESS MONTHLY FOR PLANNING PROFESSIONALS

Border Archaeology double box.indd 1

ƒ Landscape and Visual Impact Assessment

14/11/2017 09:51

}

TO ADVERTISE IN T H I S S EC T I O N :

ƒ Townscape Assessment ƒ Expert Witness, Public Inquires & Appeals ƒ Strategic Land Promotion ƒ Local Plan Representations ƒ Green Belt Assessment ƒ Sensitivity and Capacity Appraisals

SINGLE BOX: 55MM HIGH X 90MM WIDE DOUBLE BOX VERTICAL: 113.5MM HIGH X 90MM WIDE DOUBLE BOX HORIZONTAL: 55MM HIGH X 184.5MM WIDE

ƒ Minerals and Waste Development ƒ Urban Design, Public Realm and Masterplanning ƒ Regeneration and Renewal ƒ Heritage Landscapes and Restoration ƒ Landscape Design and Implementation ƒ Ecological Consultancy and BREEAM

Mark Flatman - mark.flatman@lizlake.com

Contact Daniel Goodwin: Daniel Goodwin@redactive.co.uk 020 7880 6206

Head of Landscape Planning

01279 647 044

www.lizlake.com Stansted | Bristol | Nottingham

12

T H E PL AN N E R \ J A N U A R Y 2 0 1 8

Liz Lake double box dir.indd 1 PLN Directory JAN18.indd 12

16/02/2017 11:02 14/12/2017 10:02

CORRESPONDENCE

Inbox

YOUR NEWS, VIEWS AND QUESTIONS F E E D B A C K

David Vickery – Sajid Javid’s threat to take control of local plan-making at 15 local authorities begs the question – who will actually write the plans? There are only three serious possibilities: the Planning Inspectorate (PINS); private consultancies/quangos; or other authorities.

PINS does not have the time or enough experienced staff, and it is struggling to deal with its existing workload.

Most importantly, using PINS staff would be at odds with its semi-judicial role as an arm’s length body charged with independently assessing the soundness of plans and appeals.

Outside consultancies, quangos and authorities also lack experienced staff and sufficient capacity to deal with such a long and timeconsuming project as a local plan. Moreover, using outside consultancies might be seen as privatisation by the back door.

If other authorities are used and they are in the same housing market area, there might be a conflict of interest – many authorities would rather have development going into its neighbour’s backyard instead of its own.

Javid believes in localism.

But how can key decisions affecting a local area be taken without the guidance, consideration and input of its elected representatives?

David Vickery former local plans inspector

Lee Prebble – If you want to encourage people to read your magazine stop using pale blue or green text on a white background.

Lee Prebble

Nigel Wilcock – The Institute of Economic Development (IED) welcomes the publication of the Industrial Strategy as a document that is long overdue.

We will reflect on and analyse the implications of the detail in the document, but the report centres on the foundations of productivity – ideas, people, infrastructure, environment and place. The document is clear on the ‘grand challenges’ we face in terms of artificial intelligence/ big data, mobility, ageing society, and clean growth.

It also contains the first of a few proposed sector deals, suggesting that some sectors were a bit slow off the mark in getting agreement.

Those published so far are life sciences, construction, artificial intelligence

(While we work hard to make the magazine accessible to all, we acknowledge that issues of colour and font size need careful consideration. We’ll bear in mind that particular combination in future – Ed.)

Jacky Wilkinson – Could Matt Moody be a bit more careful next time?

Inspector Holden (17/11/17) – ‘7-storey block refused in King’s Cross’) is in fact a female inspector.

Jacky Wilkinson (Ms)

(Our apologies, and thanks for pointing this out – Ed.)

Paul Tremble – Government has clearly

and automotive.

We have initially concentrated our scrutiny on the ‘place’ chapter and note that the government continues to champion the Northern Powerhouse and Midlands Engine as well as reaffirming the role for Local Enterprise Partnerships (LEPs).

In addition, the government has stated that LEPs will undergo some changes in 2018 with regard to roles and responsibilities with reforms to leadership, governance, accountability, financial reporting and geographical boundaries. This sounds encouraging – no change to the basic structures but ensuring that LEPs, which were introduced on a shoestring, may be properly established to fulfil the wide remit that they have gained.

What wasn’t seen coming

listened to industry in developing its Industrial Strategy. We welcome the shift from championing individual technologies to embracing and incentivising a whole systems approach, and WSP looks forward to contributing its expertise to drive this agenda forwards. The recognition that local industrial strategies and specific sector deals are essential components of a successful national plan for prosperity, while making the most of opportunities generated by the process of devolution is one we share with government.

The Rebalancing Toolkit approach to investment in transport infrastructure in less productive parts of the UK is a laudable one, and we look forward to details

by the IED was the need for each of the LEPs to create a Local Industrial Strategy to allow the cascading of the national policy. At one level this sounds sensible, but most LEPs have recently refreshed their strategic economic plans and might have hoped to avoid further strategising.

In common with our view on the budget, the IED hopes that the Industrial Strategy provides some consistency of approach and certainty of policy for some years allowing private enterprise to have confidence to invest on the back of it. A period of stability combined with economic development being enshrined as a statutory function in local government to ensure highquality delivery is well overdue.

Nigel Wilcock executive director, Institute of Economic Development

on the methodology chosen.

Government’s decision to articulate the plan around the grand challenges of mobility, clean growth, an ageing society, and the data economy echoes WSP’s drive to design and deliver a built environment that is Future Ready, and we look forward to helping turn these challenges into national opportunities.

We welcome the 60 mentions of the term ‘engineering’ in the white paper, which shows the government’s recognition of their centrality to any attempt to build a Britain that is fit for the future.

With productivity and growth forecasts down, this strategy is not a luxury, but a necessity.

Paul Tremble executive director, strategic growth, WSP

J ANU AR Y 2 0 18 / THE PLA NNER

13_Correspondenc__The Planner 13

13

19/12/2017 12:54

CHRIS SHEPLEY

O Opinion Planning the urban future in 1960s Britain and all that…

Arthur Harbringer-Grudge was President of the RTPI in the sixties, somewhere between Udolphus Aylmer Coates and Phipps Turnbull (both of whom actually existed, unlike Arthur). As a visionary young mid-century planner, we thought he might have something useful to say.

Now nearing 100, AHG (as he was known to his friends) spoke to The Planner on condition of strict anonymity.

Sat in a vast armchair in a Surrey retirement home, he dredged what remained of his memory.

“At my age”, he said, “you tend to lose things. I’ve been searching high and low for strategic planning but I can’t find it anywhere. And I think I had a regional policy somewhere – helping out those poor people in the North, you know – but it seems to have disappeared.

I think the Parker Morris space standards may be up in the attic, and the Summer School may be out in the shed. I probably put the Infrastructure Planning Commission and the National Housing and Planning Advisory Unit in the recycling with the Regional Assemblies by mistake after they changed the day from Friday to Tuesday.

“Council houses appeared to disappear a long time ago though I suppose they must be somewhere. Can’t really manage without them!”

The infectious chortle that marked his peak years filled the room. I asked him if he was still in contact with the real world. He took a sip of sherry, perked up,

14

T H E P L AN N E R \ JA N U A R Y 2 0 1 8

14-15_Shepley__The Planner 14

and attempted an analysis of modern administrative practice.

“There used to be a marvellous thing called the Department of the Environment,” he recalled.

“It dealt with planning and with all the other connected things, like the environment, which I suppose is why it was called what it was called, and heritage and things. Topnotch, as ministries go. What do we have now? Well, I’m not sure, and I don’t think anyone else is, but whatever it is, and I don’t know what it is or who’s in charge of it. Maybe somebody does. CLG you say? Sounds like a building society!”

AHG put away the pipe he had been smoking, and set fire to his jacket pocket; he opened the window to let out the smoke, then he continued.

“And when the old DoE had

“THERE USED TO BE A MARVELLOUS THING CALLED THE DEPARTMENT OF THE ENVIRONMENT” a policy it used to monitor it to see if it was working. It did what we used to call research – I think that’s all gone now – so we don’t know if things are working or not, which is very convenient for them. Fill that glass, will you?

“And I’ve been looking quite hard for the Chief Planning Officer and his staff. Can’t think what happened to them.

Used to keep them safely but when I scouted around all I could find was a Director of Place, or a Head of Leftovers, who seemed vague about planning but had an MBA, so that’s all good, then.”

I asked him whether he got out much. His carer apparently took him out weekly, or indeed weakly; but once again he couldn’t find what he was looking for.

“Where’s the town centre?

Seems to have moved out to the ring road. Where are all the offices? Seem to have turned into houses. Where are all the houses? Seem to have turned into student flats.

I can’t find any shops – only betting offices. Must have put them somewhere. And all the barns are second homes with huge windows.”

As he fell asleep I tiptoed from the room. But what I took from him was that the vision and idealism of his youth – which had been brightened by the 1947 Act, the New Towns, the National Parks and all the other accoutrements of a decent planning system, had faded.

And that this was not just because he shared the gift of the elderly for donning rosecoloured spectacles when contemplating the past. As AHG knew very well, this was for real.

Chris Shepley is the principal of Chris Shepley Planning and former Chief Planning Inspector I L L U S T R AT I O N | O I V I N D H O V L A N D

19/12/2017 12:55

Quote unquote FROM THE RTPI AND THE WEB “Whenever you mention land value capture, it has already been spent 10 times over”

“To my mind, the use of facadism represents faux conservation and a lack of honesty in terms of the regeneration and reuse of heritage buildings and spaces”

ROBIN MILLER STOTT, SENIOR POLICY AND STRATEGY OFFICER AT TRANSPORT FOR THE NORTH, SPEAKING AT A JOINT RTPI AND TRANSPORT PLANNING SOCIETY TPS EVENT, SPATIAL PLANNING AND SUSTAINABLE TRAVEL

“Data does not necessarily give you the answers, you still need to think, be creative”

INSPECTOR JOHN MORRISON, APPEAL DECISION APP/U5360/W/17/3174734

DR EIME TOBARI, ASSOCIATE DIRECTOR AT SPACE SYNTAX, SPEAKING AT THE JOINT RTPI AND TPS EVENT ON SPATIAL PLANNING AND SUSTAINABLE TRAVEL

“The housing crisis has caused more damage to GDP than anything since the Black Death” JOHN MYERS, CO FOUNDER OF LONDON YIMBY, SPEAKING AT ‘HOUSEME LONDON’ FOR WORLD TOWN PLANNING DAY

“People’s tolerance to congestion never ceases to amaze me” SUSAN CLARIS, ASSOCIATE DIRECTOR OF TRANSPORT CONSULTING AT ARUP, SPEAKING AT THE RTPI/ TPS EVENT, SPATIAL PLANNING AND SUSTAINABLE TRAVEL

“One of the biggest threats [to local planning departments] in terms of resourcing is yet another review of the planning system” MEETA KAUR MRTPI OF TOWN LEGAL SPEAKING AT THE LAUNCH OF THE DRAFT LONDON PLAN I M AG E S | I STO C K / S H U T T E RSTO C K

14-15_Shepley__The Planner 15

J ANU AR Y 2 0 18 / THE PLA NNER

15

19/12/2017 12:55

B E S T O F T H E B LO G S

O Opinion

1

Gavan Rafferty is a lecturer in spatial planning at Ulster University

Can we make sense of Brexit by understanding ‘place’?

Brexit generates ge more questions than a answers. I have been pondering the people-place relationship of Brexit. After devouring a wealth of ‘hot off the press’ literature, I came to David Goodhart’s book, The Road to Somewhere: The New Tribes Shaping British Politics.

Goodhart presents fresh social classifications based on diverging values among people, their sense of identity and attachment to place, shaped by decades of social, educational and political change.

He contends that this has produced ‘Somewhere’ and ‘Anywhere’ places.

‘Somewherers’ are arguably placebound, rooted to specific places, and tend to be myopic and marginalised, to have a stronger sense of national identity, and to be more socially conservative.

‘A ny wh e r e r s’ tend to be socially liberal, university educated, highly mobile, with a global outlook. This suggests that ‘Anywherers’ put greater emphasis on individualism before traditional notions of community – and are arguably less place-bound.

This all begs the question of whether our understanding of ‘place’ has changed, or is changing.

Referendum data from the British Office of National Statistics (2016), reveals striking spatial variation of voting preferences across the UK. In England, most ‘remainers’ – likely ‘Anywherers’ – were in larger

multicultural cities such as London and Manchester. ‘Leave’ voters – largely ‘Somewherers’ – tended to be in the post-industrial NorthEast settlements with larger working-class populations.

Goodhart’s delineation offers one way to appreciate how the relationship between people and place has shaped voting patterns in England. Simply, place matters!

At a cursory glance, Goodhart infers that place is less influential for ‘Anywherers’. But many ‘Anywherers’ may take issue with this logic. Arguably, for progressive people to feel they can flourish, where they can experience positive social and economic wellbeing, and where they can celebrate cosmopolitanism, it is the quality of place that attracts these people to live, work and socialise there.

So place is vital to ‘Anywherers’, too.

Therefore, place is important to all of us, but especially for planning professionals who mediate competing interests to create welcoming and flourishing places.

While Goodhart offers a thoughtprovoking exposition of tribal and spatial divisions that capture the relationship between solidarity and diversity in 21st century society, it presents challenges for politicians and spatial planners.

They must reflect on how better to approach place-making to rebalance the ‘Somewhere’ and ‘Anywhere’ divergence.

“PLACE IS IMPORTANT TO ALL OF US, BUT ESPECIALLY FOR PLANNING PROFESSIONALS WHO MEDIATE COMPETING INTERESTS”

16

2 BLOG

BLOG

Jane Gratton is head of business environment at the British Chambers of Commerce

Business’s voice is being lost as housing drives the agenda

At a tim time of uncertainty over Brexit, and of slowing economic growth, the need to maintain a quality environment in which communities and businesses can prosper together is crucial.

But five years on from the introduction of the NPPF, firms are finding it harder to engage with the planning system. Our recently published Planning for Business report found that alongside rising costs, delays and complexity, the business voice is being lost as housing dominates the agenda.

Our development plan-led system has many strengths, but it must respond to economic, social and environmental challenges and make sure the needs of business are on an equal footing with other stakeholders.

Let’s consider access to affordable employment land and premises.

This is critical to support business innovation, expansion and longterm competitiveness. But the government’s focus on housebuilding is leading to increased pressure on the availability of land and premises for employment uses.

A third of British Chambers of Commerce members say they are unable to find the land and premises they need. While new residential development creates opportunities for many sectors in the economy – and ensures that skilled employees can find homes

in local communities – many businesses believe there is now a critical imbalance in the supply of land for jobs and homes.

There is growing concern in business communities about the impact this will have on investment and local growth.

More tension arises as more offices are converted to homes, and more homes are built near established businesses in towns and cities. Firms are finding their legitimate operations threatened by complaints from new residents.

Businesses want more affordable homes in places where people want to live and work.

Supported by integrated transport systems, these new homes will help people access jobs, and make sure firms can access the skills they need. But achieving the optimum balance of jobs and homes is key to long-term economic success.

As well as better resourcing, planning authorities could benefit from expertise to promote an understanding of how business now operates in a global economic environment, in the same way as there is expertise available in, say, heritage and environmental asset management.

Firms still face too many barriers in negotiating the planning system. We need to find a way to make it work better.

Planning for Business: bit.ly/planner0118-BCC

“PLANNING AUTHORITIES COULD BENEFIT FROM EXPERTISE IN HOW BUSINESS NOW OPERATES IN A GLOBAL ECONOMIC ENVIRONMENT”

T H E PL AN N E R \ J A N U A R Y 2 0 1 8

16-17_Blog__The Planner 16

19/12/2017 12:56

Have your say Would you like to see yourself in these pages?

Get in touch by email – editorial@theplanner.co.uk Topical, inspirational, angry or amusing – we consider all relevant comment

3

Steve Frazer is principal landscape architect at Enzygo Ltd

Streets ahead, or one step behind in Sheffield?

A war of attrition between Sheffiel eld City Council (SCC) and protesters has been created by the controversial Streets Ahead Programme, which has so far included the felling of about 5,000 street trees to achieve road improvements. Headlines like ‘Sheffield’s Street Tree Massacre’ have brought stories of dawn felling, pensioner and councillor arrests, and celebrity, political and expert condemnation to national attention.

Streets Ahead is a £2 billion pu blic-private initiative between SCC and Amey, begun in 2012, to improve and maintain the quality of Sheffield’s roads for 25 years.

SCC says felling will not result in the deterioration of a city asset because it intends to substitute lost trees with new planting.

But members of the public, backed by technical experts, argue that a tree’s contribution to ecosystem services and amenity is commensurate with size.

The professional consensus is that a large proportion of affected trees cannot be justified for removal based upon arboricultural or highway grounds. Best practice regarding highway standards makes clear that concessions within streets between highway aspirations and trees are possible and desirable.

The council has correctly identified a problem with bumpy

4 BLOG

BLOG

Janice Morphet is a visiting professor at the UCL Bartlett School of Planning

Necessity is the mother of construction for councils

roads and footpaths that they intend to solve by making them smooth and flat, whatever the consequence. This solution appears logical – if streets are only appreciated as conduits for conveying cars and people. But streets form a setting to our lives and their arrangement contributes to our sense of place, health and well-being. They house many functions and services, including the ability to communicate with people and services.

Green elements, including trees, offer opportunities for amenity and function, with attractive living forms that can provide for nature and ameliorate our e nv i ron m e n t, through sensitive stormwater management.

The task of good design here, as with any other space, is to use resources e c o n o m i c a l l y, providing multifunctional streets that are integrated with and beneficial to the context – in line with the aspirations of green infrastructure.

Given the complexities and inherent potential of a city street, I believe such a project should have been forged by a multidisciplinary team of arboriculturists, landscape architects, ecologists, highway, civil and drainage engineers in conjunction with the community.

By not following this model, the Streets Ahead programme inevitably falls short of its potential.

“STREETS FORM A SETTING TO OUR LIVES AND THEIR ARRANGEMENT CONTRIBUTES TO OUR SENSE OF PLACE, HEALTH AND WELL­BEING”

The Local Loc Authority Direct Provision of Housing study that I have jjust completed with Dr Ben Clifford on behalf of the RTPI and the Planning Forum has been surprising in several ways.

First, we found that most local authorities are supporting housing delivery directly. This may be through continuing to build using a housing revenue account (HRA) and/or establishing a wholly owned council company to build for all tenures.

Some councils have property or development companies that include housing, joint ventures with a range of partners or provision of their own land. Other councils are making loans to housing associations or to those who are bringing property back into use.

Others are engaging in garden towns and urban extensions.

During the year of the survey the number of councils providing housing grew. Even after the report went to press, City of York Council said it was setting up a company; the Dorset Councils Partnership said the three councils (North Dorset, West Dorset, Weymouth and Portland) would be providing 20,000 homes; and Knowsley Metropolitan Borough Council said it would be selling 10 per cent of its parks for development that would in turn fund the parks.

Councils are using a range of

means and sources of funds to provide housing. Some are building as much as they can through the HRA, others are raising funds from the Public Works Loan Board while others are using their own resources or lending to each other. Some are using hedge funds or raising bonds. While some are using companies, others are providing housing through general funds.

The second surprise is that provision of housing is active in all types of authority, all geographical locations and across all political parties.

While in some cases this development is being undertaken to replace lost central funding, the main motivations we found were to meet housing need and cut homelessness.

Frustration at the slow build-out of planning permissions was also a factor. Those councils now engaged in delivery say their housing is coming on stream far more rapidly than that from the private sector.

Will local authority housing provision meet the 100,000 gap in homes required each year? We cannot yet say. Local authorities are starting small with some already delivering 1,000 or more homes using all the means available to them. Some properties are for sale but most are for rent – and the rental income will be used to run other council services.

“THOSE COUNCILS NOW ENGAGED IN DELIVERY SAY THEIR HOUSING IS COMING ON STREAM FAR MORE RAPIDLY THAN THAT FROM THE PRIVATE SECTOR”

J ANU AR Y 2 0 18 / THE PLA NNER

16-17_Blog__The Planner 17

17

19/12/2017 12:56

INTERVIEW: JOHN ACRES

CREATING AN IMPRESSION INCOMING RTPI PRESIDENT JOHN ACRES AIMS TO USE HIS POSITION TO EMPHASISE THE POSITIVE AND CREATIVE NATURE OF THE PLANNING PROFESSION. MARTIN READ REPORTS

I

n retrospect, it looks as if my career was very well planned,” accepts John Acres as we meet ahead of his inauguration. The RTPI’s president for 2018 is talking about what any outside observer might assume is a carefully choreographed job history, one encompassing positions across public, private and voluntary sectors, and one that reflects an enthusiasm for the kind of extracurricular activity that typically separates the top performers from the pack.

Except, of course, that for a man who first got into planning more than 40 years ago – interested in “people, places, principles, and because I wanted to change the world for the better” – the reality is one of opportunities maximised at a number of unexpected junctures.

“I always wanted to be a planner,” Acres says, reflecting on how he has arrived at this point. “I was always fascinated with maps and interested in plans. But while I am a planner, I don’t feel like I’ve planned my

18

career. It’s been a series of opportunities, and I’ve taken them as they’ve arisen.”

Themes for 2018 During his year in office, Acres aims to focus on such established themes as pride in planning and the profession’s wider profile – but he’s particularly keen on portraying planning as a “positive, creative activity”.

Perhaps it is because Acres himself can demonstrate his own creative streak, evidenced through such off-duty activities as editorship of the RTPI West Midlands branch magazine Tripwire for 15 years, and various positive contributions and interventions to improve local communities.

Emphasising the creativity of the profession makes sense for a man who, as a schoolboy, produced his own alternative version of the Chandlers Ford local plan just for fun; a man known to write poems for colleagues, to have kept a diary since 1976, and who is gradually fulfilling his ambition to walk the country’s coastline.

And there’s an emphasis on planners

T H E PL AN N E R \ J A N U A R Y 2 0 1 8

18-21_John Acres__The Planner 18

19/12/2017 12:57

ON THE FUTURE

“In future planning (and planners) will be more essential than ever. Our challenge is to help create a prosperous economy and an integrated society which reaches out to the world, whilst protecting our precious environment both locally and worldwide.”

PHOTOGRAPHY | PETER SEARLE

J ANU AR Y 2 0 18 / THE PLA NNER

18-21_John Acres__The Planner 19

19

19/12/2017 12:57

INTERVIEW: JOHN ACRES

JOHN ACRES THROUGH THE DECADES

1970s: Learning in London Rises through the Greater London Council trainee scheme for planners while studying at South Bank University, becoming a fully fledged chartered town planner with a master’s degree from London University.

1980s: Moving into management Progresses from assistant manager of the National Mobility Office to heading multidisciplinary area improvement teams running three housing action areas and general improvement areas in deprived London boroughs.

1990s: A new life in The Midlands Shifts from local government to the (then) House Builders Federation, bridging the public and private sectors while forging a growing role within the West Midlands RTPI.

ON A PASSION FOR PLANNING

“I have never once regretted becoming a planner. I want to inspire young people to share my passion for planning, to celebrate our achievements as a profession and to motivate and encourage those volunteers around the regions and nations who freely give their time to the institute.”

2000s: Entering the development world Starts afresh as a regional planner with house builder Redrow Homes, later moving to the developers Catesby Property Group. Chairs the RTPI’s West Midlands region in 2000, and again in 2007.

2010s: Creating a consultancy Promotes residential business as a director within Turley, later ‘going private’ as a sole practitioner while building a role within the RTPI, both regionally and nationally, being voted onto the General Assembly in 2014 and elected vicepresident in 2016.

C V

HIG HL IG HT S

J OHN A C R E S Born: Clapham, London Education: South Bank University (Diploma, Town Planning); Birkbeck College, University of London (MSc, urban and regional planning)

Timeline:

1972 Employed for more than 15 years in both the former Greater London Council and London Borough of Southwark

1988 Regional planning officer for the House Builders’ Federation

20

in The Midlands, acting as a bridge between the private sector housebuilding industry and local authorities

1999 Senior planning manager for Redrow Homes

2005

2012

Serves as government commissioner on the government’s Affordable Rural Housing Commission

Residential business development director, Turley Associates

2008

Sets up Acres Land & Planning Associates

Director, Catesby Group

2015

being creative in presentation, too. More could be done for example, to make planning committee reports more readable and accessible to the public through the production of simpler 2 page summary reports with more detailed appendices containing the background policy and information. Clarity in presentation is key, and planners can be their own worst enemies if they don’t have this front of mind, suggests Acres.

More broadly, the new president is acutely aware that, according to the recent RTPI membership survey, 52 per cent of RTPI members feel that planning has a poor image. Being seen as positive agents of change is key to addressing this perception, explains Acres.

“Planners cannot be averse to change, and in fact we are the masters of it,” says Acres. “For me, planning is all about collaboration, bringing people with you, working together and trying to convey the merits of what you’re aiming to achieve. We are always striving to guide and perform that change in tune with principles, legislation and guidance, and according to what politicians and local people want to see.”

Confidence is key Napton-on-the-Hill in Warwickshire, where Acres moved when committing to the Home Builders Federation (see career history), has since played

T H E PL AN N E R \ J A N U A R Y 2 0 1 8

18-21_John Acres__The Planner 20

19/12/2017 15:07

host to what he calls his “biggest single achievement” and “a really good example of a genuine community project where the whole community came together and negotiated with the powers that be”.

Acres volunteered to chair a steering committee to run the campaign to save the local village school. This involved organising media friendly events to press home their case, producing a study report and negotiating with the education authority – as evidence that planners have the power to significantly affect local outcomes.

Ultimately the campaign was successful not just in saving the school but in building a new one. But confidence is key.

“If you don’t believe in what you’re presenting as a planner, you’re not going to be any good in conveying it to the people you’re presenting it to.

Some are better at it than others, some perhaps too nervous about appearing in a public forum.

But I know that when I go into a public meeting I am trying to achieve consensus and a result for the client – and also hopefully convincing the local community that what we’re achieving is worthwhile.”

And planners should make the most of any opportunities that come their way. Acres has often accepted invitations to talk to audiences from the likes of the Women’s Institute and the Campaign for the Protection of Rural England.

“It’s part of the education process for them, but it’s the same for me,” says Acres. “My mother was an exemplar of lifelong learning, and I think it’s something planners should always be considering.”

Acres feels that the benefits of planning could be better understood.

“My message to the general public is that planning is a positive, creative activity which brings benefits to society through the protection of the environment to the relieving of poverty and provision of social justice.”

The new president will aim to highlight the profession’s achievements, in particular how planning has helped in areas that are deprived and in need of investment – “the areas of our country that perhaps face the biggest challenges, but are also the areas where we can demonstrate to the public how planning is making a difference and where we can point to particular achievements”.

ON BREXIT

“Britain’s decision to leave the European Union has… revealed deep divisions in our society between age groups, people’s aspirations and their outlook. Britain will experience major changes over the coming years and this will fundamentally affect planners throughout the country.”

A CAREER SPENT CROSSING BOUNDARIES

Although born in Clapham, South London, to parents who were both civil servants and whose father’s job involved running the 1961 Census – it was at school in Hampshire that John Acres caught the planning bug.

Aged 17, he saw a picture in the Daily Telegraph of the newly appointed chief transport planner for the Greater London Council (GLC) – “so I wrote asking them how I could get to be in his job.

And they wrote back with details of the GLC planning training scheme, which I joined”.

Eschewing university study in favour of a day-release planning course (only later going on to study a master’s degree at London University), Acres started work in 1972 as a planning trainee at the GLC in County Hall, a building he returned to for the photo shoot accompanying this article.

“I thoroughly enjoyed working for the GLC,” says Acres. “It gave me what I feel was the best training for any planner, understanding how decisions are made and local authorities think.”

In 1981, Acres was seconded to the newly established National Mobility Office, also spending six months as a part-time census officer, where he was responsible for the census in Brixton at the time of the notorious riots. After three years there, he joined the GLC’s housing department running housing action areas and general improvement areas in south and east London.

“Working in collaboration with landlords, tenants and environmental agencies to bring the area up to scratch,” recalls Acres, “was one of the most rewarding jobs I have ever done.”

After two more years in Southwark, and now married with two children, Acres opted to spread his wings by joining the Home Builders Federation (HBF) as a regional planning officer in The Midlands – a change in

location that kick-started more than 10 years working at the HBF, acting as a bridge between private sector housebuilders and local authorities.

Within a year of taking the HBF job, Acres had settled his young family in the village of Napton-on-the-Hill, Warwickshire (see main story).

Over the years, Acres was involved in between 15 to 20 structure plan EIPs and local plan inquiries.

“I became a household name in The Midlands,” Acres recalls, “and I became very good friends with all the people in the local authorities and the developers.

“After 10 years I was persuaded to make the leap into the development world with Redrow.”

This provided something of a short-term culture shock as Acres acclimatised to a role in which planning and land was a relatively small part of the business.

“They say about strategic planners that you have to be very patient,” says Acres. “But planners are planners; you’re doing the same job whether you’re in a local authority or the HBF, you’re just arguing from a slightly different direction.”

In his roles with developer Redrow, and then later with Catesby Group, “my job was to put my best foot forward for the developers I represented and achieve results”.

Since 2012, Acres’ principal activity has been as a planning consultant, first with Turley Associates as residential business director and then, since 2015, with his own firm.

During his time in the private sector, Acres has continued to retain a rare enthusiasm for appeal work – and runs an annual mock inquiry workshop in conjunction with the RTPI and No5 Chambers in Birmingham.

“Appeals test your abilities in so many different ways.”

J ANU AR Y 2 0 18 / THE PLA NNER

18-21_John Acres__The Planner 21

21

19/12/2017 15:07

FI N A N CI A L V I A B I LI T Y

THROUGH THE LOOPHOLE DEVELOPERS ARE KNOWN TO TAKE ADVANTAGE OF A VIABILITY ‘LOOPHOLE’ TO REDUCE AFFORDABLE HOUSING OBLIGATIONS. GEORGE TURNER FINDS OUT HOW LOCAL AUTHORITIES AND CAMPAIGNERS ARE REDRESSING THE BALANCE

T

22

he economic viability of developments has become one of the most important planning issues of our time.

Under the National Planning and Policy Framework (NPPF), if a proposed development does not generate a competitive profit for a developer, and a competitive land receipt for a landowner, then the obligation falls on the planning authority to subsidise the developer by dropping planning conditions.

Often the condition removed is the requirement to build affordable housing, which provides an obvious and immediate boost to a developer’s bottom line. But in practice almost any planning condition can be sacrificed if it can be argued that to do so would help improve the viability of a scheme. This includes infrastructure contributions, and policies on building heights and density.

The issue of economic viability in planning is

not new. Since the introduction of the NPPF, however – which stresses the importance of ensuring viability in paragraphs 173-177 – the issue has grown in importance. To some extent, it presents a bit of a puzzle: after all, a brief study of the balance sheets of the major housebuilders shows that the development of housing is extremely economically viable.

Not only have profits risen substantially, but profit margins have risen, too. In late 2016, I analysed five years of accounts for the top five housebuilders and found that, between 2010 and 2015, their collective post-tax profits had risen from around £370 million to almost £2 billion.1 Today, despite a slowdown in price growth and the uncertainty of Brexit, the UK’s biggest housebuilders are making more money than ever. Recently Berkeley Homes, for example, has recently raised its profit expectations to £3.3bn over the five years up to 2021.

Yet it seems like every major planning application for new housing that comes forward

T H E P L AN N E R \ J A N U A R Y 2 0 1 8

I L L U S T R AT I O N | I K O N

22-25_Viability__The Planner 22

19/12/2017 12:58

“WHILE FORCING DEVELOPERS TO PUBLISH THEIR FIGURES MIGHT CURB SOME OF THE MORE AGGRESSIVE APPROACHES TO VIABILITY, THERE ARE BROADER ISSUES TOO”

E

NO VE MB ER 2 0 17 / THE PLA NNER

22-25_Viability__The Planner 23

23

19/12/2017 12:58

FI N A N CI A L V I A B I LI T Y

The case for confidentiality

2,525

The case for maintaining the confidentiality of viability assessments is summed up in the RICS Professional Guidance on Financial Viability in Planning (section 4.3): “In order to encourage openness and transparency in the viability process both at pre- and post-application, it is also often the case that the viability reports submitted to a local planning authority are required to be classified as confidential in part or as a whole. This is to encourage the applicant to disclose the maximum amount of information, which can then be reviewed and reported upon.”

The guidance advises applicants to insert a clause requesting the authority not to reveal the contents of reports under either the Freedom of Information Act or the Environmental Information Regulations bit.ly/planner0118-confidential

Number of affordable homes lost to viability arguments in 179 applications 11 local authorities in 2015/16 24

is accompanied by a viability statement claiming that each individual development site is struggling. The knock-on effects of receiving subsidy through the planning system are considerable: a recent report by housing charity Shelter estimated that 80 per cent of the affordable housing required by local plans had been lost to the viability loophole.2 Almost everyone seems to accept that there is a problem, even Alok Sharma, the housing minister, told Parliament’s Communities and Local Government Committee that “the starting point for us is that clearly the system as it is does not work”.

Strictly confidential Simply getting to this point has been a struggle for many housing campaigners. Following a High Court decision in 2002 concerning the development of the Arsenal Football Stadium, viability assessments submitted by developers to planning authorities were treated as confidential.

This led to the practice in many authorities where not even members of the planning committee were able to see viability assessments submitted with applications they were considering. Often, planning committees were flying blind, taking decisions to depart from the local development plan on the say-so of the developer’s consultants without having seen the evidence themselves.

This practice became hugely controversial, and examples such as the Heygate Estate, which saw

the demolition of 1,000 socially rented homes to be replaced with just 74, plus intermediate housing, fuelled public anger.

A number of scandals led to distrust of the viability system, with the public perceiving that surveyors use the cover of secrecy to fix the figures to help their clients get out of their obligation to provide affordable homes – and that councils are too weak to challenge them.

Campaigners took to the courts to challenge decisions where viability had been considered in private. These largely failed. But an approach using Environmental Impact Assessment regulations worked – these say that councils must disclose documents relating to planning applications. If a council refuses to disclose, a challenge goes to the Information Commissioner, rather than the High Court. The Information Tribunal has ruled in favour of disclosure in several cases, including the Heygate Estate (though this was redacted).

Legal tussles continue, but the transparency argument seems to be winning. Planning authorities, including the Greater London Authority and Bristol City Council, are releasing guidance insisting that development viability studies are published. The latest DCLG consultation proposes that a policy of transparency is adopted nationally.

But transparency is not a panacea. And although forcing developers to publish their figures might curb some of the more aggressive approaches to viability, there are broader issues, too. For Andrew Jones, director of BPS surveyors, a Dorking firm that regularly acts for the public sector, the real issue is systemic. “The rules on viability are open to broad interpretation, and this allows people to come up with very different views on what is viable.”.

Precedent provides little help, he says. “A number of inquiry decisions provide conflicting views on how viability should be calculated.”

The DCLG puts it as follows: “The range and complexity of variables in assessing [viability] are such that the process is seen as being susceptible to gaming.”

Viable solutions One of the key variables in this regard is how planners should consider what constitutes an acceptable return for landowners. Karen Sullivan, director of planning and development at Islington Borough Council, says that in her experience, developers too often overpay for land in order to fend off competition, and then expect to make the money back by persuading local authorities to give up on their aspirations for affordable housing.

T H E PL AN N E R \ J A N U A R Y 2 0 1 8

22-25_Viability__The Planner 24

19/12/2017 12:58

£369,176,000

SPD. “We didn’t want to get into the same A high-profile inquiry decision at Parkhurst arguments with any future purchasers of the site.”

Road has been a case in point. Here, a former says Sullivan. “We did our own work to prove that Territorial Army centre was bought for £13.25 50 per cent affordable housing is viable, including million. The developer argued that this was an a reasonable land receipt for the MoJ.” appropriate market value for the site and having The idea is that this will signal to developers paid it, they could not afford to provide more that there is little point in trying to reduce that than 10 per cent affordable housing. amount further down the line, so they will put in Islington countered that the cost of the land appropriate bids to the MoJ. Sullivan insists that should have been no more than £6.75 million such an approach is pro-development. “It – and if that figure was input into the viability provides a level playing field. Developers can bid calculation the developer would be able to build for the site with certainty about what our more affordable housing. The inspector agreed, expectations are.” and rejected the appeal by the This is also the kind of developer. approach being supported by Although a success for the “A BRIEF STUDY OF council, the case raises an THE BALANCE SHEETS the DCLG. In a new consultation on the NPPF, the government important issue for authorities OF THE MAJOR proposes putting a stronger under pressure to get new HOUSEBUILDERS emphasis on viability at the housing built. The Ministry of SHOWS THAT THE plan-making stage. “… where Defence sold the Parkhurst Road DEVELOPMENT policy requirements have been site in 2013. The council has spent OF HOUSING tested for their viability, the time and resources fighting the IS EXTREMELY issue should not usually need to appeal, and it isn’t over yet: the ECONOMICALLY be tested again at the planning developer is challenging the VIABLE” application stage,” it says.

Planning Inspectorate at the High Campaigners would welcome Court. Meanwhile, the site lies such an approach. The 35% empty.

Campaign, set up to lobby for Islington has formulated a more affordable housing in fresh approach to head off such Southwark following the disputes. The former Holloway demolition of the Heygate Estate, takes its name Prison is a large site with a capacity for up to from the borough’s affordable housing target, 800 homes currently being marketed by the which is rarely met. Jerry Flynn, a campaign Ministry of Justice (MoJ) to developers. The founder, said: “The 35 per cent isn’t plucked out council has produced a supplementary of thin air; it is the product of a viability planning document ahead of the sale, setting assessment, so we see no reason why developers out what the council views as a reasonable should get a second bite of the cherry.” quantum of development and an expectation of 50 per cent affordable housing on the site.

Crucially, that document has been viability n George Turner is an investigative journalist and tested, and the evidence published alongside the housing campaigner @georgenturner

HOW IS THE RTPI ADDRESSING VIABILITY TENSIONS?

“We’ve commissioned research into planning permission and development finance which is expected in the New Year,” says planning policy officer Harry Burchill.

“Amongst other things, we hope it will produce interesting findings about costs associated with applying for planning permission and whether by dealing with those costs upfront, there would be more room for applicants to make contributions.”

Burchill also notes that the RTPI gave a response to the DCLG’s review of the community infrastructure levy (CIL), in which it questioned

80%

Five biggest housebuilders’ collective post tax profit in 2010

Percentage of affordable homes lost to viability arguments in 179 applications in 11 local authorities in 2015/16

the wording of NPPF paragraph 173 (which seeks to ensure viability of proposals).3 More recently, in its response to the consultation on objectively assessed need, it has come out in favour of “existing use value plus methodology”.4 The RTPI also provides an in-depth continuing professional development (CPD) module ‘Viability: Understanding Development Economics’ on its website.5 1

bit.ly/planner0118-ourcity, 2 bit.ly/planner0118-shelter ,

3

bit.ly/planner0118-CIL, 4 bit.ly/planner0118-landvalue,

5

bit.ly/planner0118-CPD

J ANU AR Y 2 0 18 / THE PLA NNER

22-25_Viability__The Planner 25

25

19/12/2017 12:59

P L A N N I N G F O R C L I M AT E C H A N G E

GRASS ROUTE LEADERS “THERE IS A GROWING NEED TO COORDINATE MACRO POLICY PLANNING AND THE INITIATIVES OF INDIVIDUALS, BUSINESSES AND COMMUNITIES”

26

T H E P L AN N E R \ J A N U A R Y 2 0 1 8

26-29_Climate Le__The Planner 26

I M AG E | I STO C K

19/12/2017 12:59

IF THE UK IS TO FULFIL ITS OBLIGATIONS IN THE EFFORT TO LIMIT CLIMATE CHANGE GLOBALLY, THEN LOCAL AUTHORITIES NEED TO LEAD THE WAY, SAYS WAHEED NAZIR

C

limate change is one of the biggest challenges we face, and one that has a huge potential impact on the property industry. Thus far, however, the progress made in formulating and implementing responses to the issue has been patchy, to say the least. If we are to rise to the challenge, that needs to change.

At an international level, diplomats have focused on the approach to reducing emissions by agreeing targets and goals. The Paris agreement, despite the USA’s plans to withdraw, represented a high point in global cooperation.

At an industry level, it is also true that we are seeing plenty of innovation. Suppliers are pressing ahead with developing and refining exciting new technologies and more efficient power, transport and water systems.

This is important and vital work. But as we move from developing targets and guidance frameworks to implementing them, we risk the cumulative impact of these efforts totalling less than the sum of their parts. There is a need for clearer strategic oversight to ensure that our international commitments are acted on at a national and local level.

For example, across the UK there is currently no challenging but viable sustainable building standard for homes, following the abandonment of the Zero-Carbon Homes policy in 2015. Climate change effects are not factored into national economic modelling, nor are assessments part of accepted development appraisal methodologies.

DCLG is looking into this through the National Commission on Sustainable Development, but more needs to be done.

Present danger There is also a more fundamental concern that so far seems to have been largely ignored.

The commitment to reducing emissions so that global warming stays ‘well below’ 2˚C is important but obscures an uncomfortable reality: even if that target is met, the changing climate will still have a major impact on local communities that we are currently ill-prepared for. More frequent and higher-impact cases of flooding are just one example of how climate change is already affecting towns and cities across the UK. This means that an effective and integrated response to climate change must address two challenges. Yes, it must of course include initiatives to reduce emissions, but it must also promote environmental and economic resilience to mitigate the impact of a changing climate.

On both counts there is a growing need to coordinate macro policy planning and the initiatives of individuals, businesses and communities.

It is time for local authorities and regional bodies to take centre stage both if the UK is to honour its international commitments, and if local communities are to build resilience in the face of the challenges posed by more extreme weather.

In Birmingham, we have looked to lead the way through our Climate Change Adaptation Partnership. Research thus far has focused on flooding and health impacts, and the findings are stark.

J ANU AR Y 2 0 18 / THE PLA NNER

26-29_Climate Le__The Planner 27

27

19/12/2017 12:59

P L A N N I N G F O R C L I M AT E C H A N G E

In winter 2015/16 alone, 16,000 properties across England were affected by flooding, causing £1.3 billion of damage, not including lost productivity and disruption to businesses.

A temperature increase of up to 2.5 per cent, which is quite possible given the effect of the urban heat island, is expected to result in a 5 per cent increase in water and food-borne diseases and an 18 per cent rise in hospital admissions for respiratory problems.

The challenge we now face is translating that knowledge into effective local policy-making. In Birmingham, we think there are three areas on which all local authorities should focus.

First, climate change will drive changes in local economies. Policies to reduce emissions will ultimately affect energy costs, approaches to land use and consumers’ consumption patterns. Talking to local communities now, researching different possible scenarios and incorporating the results into local development plans will pay dividends in the long run.

Second, it will also affect the social fabric of local communities. Will urbanisation accelerate in some areas as a response to rising flood risks in others? Rising temperatures will affect morbidity and mortality rates, particularly as society ages. Transport and education systems will need to be planned so that they are futureproofed to be resilient over the long term.

Third, climate change will have huge financial

“CLIMATE CHANGE WILL HAVE HUGE FINANCIAL IMPLICATIONS FOR LOCAL AUTHORITIES” Floods are becoming the new normal – just one example of how climate change is affecting towns and cities across the UK

CITY PLANS AND CLIMATE CHANGE

28

Birmingham’s approach to climate change adaptation is incorporated in the city’s development plan that lays down a target of a 60 per cent reduction in CO2 emissions by 2027 compared with 1990.

The plan’s 20-page environment and sustainability section contains a detailed strategy with policies for sustainable neighbourhoods, low-impact construction, low-carbon energy, district heating schemes, sustainable transport, developing new low-carbon technologies, green infrastructure, flood risk, sustainable waste management, and so on.

The plan envisages funding and implementation channelled through partnerships between the city council and other organisations, including private sector companies. A citywide Climate Change Adaptation Partnership brings a number of different players into the arena.

Other cities are also incorporating climate change adaptation into development plans. The draft London Plan, for example, “will require developments to contribute towards London’s ambitious target to become zero carbon by 2050 by increasing energy efficiency, including through the use of smart technologies, and utilising low carbon energy sources”.

This plan has policies on flood risk management, urban

greening, green infrastructure, local food production, heat network infrastructure, and more.

The Greater Manchester Spatial Framework focuses on green infrastructure, envisaging an “ecological network” threading through the built-up areas and into the uplands beyond. This proposed network is supported by policies that address energy efficiency and the “resilience” of new development and infrastructure. Manchester is also the location of one of four natural capital pilot schemes in England.

Edinburgh’s Climate Change Adaptation Plan also places an emphasis on partnership with policies that deal with green space, the built environment, infrastructure and flood prevention.

Although UK cities are waking up to the urgency of the need to formulate plans to address climate change, there is an acknowledgement that city authorities cannot do this by themselves. Instead, they can set policy frameworks and lead partnerships that bring other actors into the frame.

Leadership has to come from local authorities. In an age of devolution that also means metro mayors. But will they have the powers to enact their visions?

T H E PL AN N E R \ J A N U A R Y 2 0 1 8

I M AG E | A L A M Y

26-29_Climate Le__The Planner 28

19/12/2017 12:59

0.9°C implications for local authorities.

Most obviously, safeguarding resilience will carry a cost. One-off investments will be needed in the short term to improve resilience.

Flood defence in particular is costly, even if the long-term benefits of protection are well understood.

Research to benchmark and track the impact and model future scenarios can be expensive.

Ongoing structural costs also have the potential to rise. Local authorities are likely to face higher insurance premiums as extreme weather events become more frequent. Public health budgets will come under pressure as global warming fuels increased demand for healthcare. Councils may need to increase provisions for contingency funds and spending on emergency planning.

At the same time, climate change also has the potential to impact council revenues. As it begins to affect where people choose to live and work, and therefore patterns of development, the tax take from property levies – one of the largest sources of local authority income – will inevitably change. There may be an argument in future for property taxation to reflect the resource-efficiency of the building – much like road tax varies by a car’s fuel efficiency.

Significantly, these issues are all dynamic and subject to selfreinforcing feedback loops.

Local leadership So what conclusions can we draw?

What action can councils and regional bodies take now?

Fundamentally, any response to the challenge of climate change needs to be embedded within broader strategies for achieving more sustainable patterns of development. It is true that progress is being made, but it is slow at best. The current trajectory would appear to fall very short of what we need to be doing.

Grappling with the issue today and making the bold but difficult decisions is vital if we are to not

“IT IS TIME FOR LOCAL AUTHORITIES AND REGIONAL BODIES TO TAKE CENTRE STAGE IF THE UK IS TO HONOUR ITS INTERNATIONAL COMMITMENTS, AND IF LOCAL COMMUNITIES ARE TO BUILD RESILIENCE”

increase in annual average UK land temperature 2005­14, compared with 1961­1990

1.4­3.2°C Estimated range of temperature increase between 2081 and 2100 assuming the highest level of greenhouse gas mitigation

3.4­6.2°C Estimated range of temperature increase between 2081 and 2100 assuming the highest emissions scenario

1.4mm/year Increase in UK sea level since 1901 Source: ‘Climate Change Risk Assessment 2017 Evidence Report’, Committee on Climate Change UK

undermine the ability of future generations to meet their needs.

Because climate change is not a standalone issue, it cannot therefore be tackled in isolation.

Climate risk has to be a consideration for all major strategic decisions, and responses to sustainability embedded within organisational culture.

The complex inter-relationships between climate change and other socio-economic trends means cities need a broader understanding of how to guarantee economic and environmental resilience if they are to respond effectively.

Finally, integrated planning and risk mitigation will require authorities to coordinate across regional and administrative boundaries. The country’s new metro mayors could prove well placed to add value to local communities by ensuring strategic oversight of climate policies across their regions.

There are no easy or straightforward answers. However, in the absence of simple solutions, we instead need leadership. Local government is best placed to take on this role, making sure that we have practical, deliverable plans in place to meet both our

£1.3 billion The estimated insurance bill from Storm Desmond, which struck the UK on 5 and 6 December 2015. 16,000 properties in England were flooded in the winter of 2015­16

341.1mm The highest­ever recorded rainfall in the UK, at Honiston Pass in the Lake District in the 24 hours to 6pm on 5 December 2015

9.7°C Mean Central England Temperature in December 2015 – making it the warmest December on record. It was also the wettest on record.

Source: ‘The winter floods of 2015/16 in the UK – a review’, Centre for Energy and Hydrology

international commitments and the needs of our local communities.

Having the powers and resources to respond will be key. n Waheed Nazir is corporate director of economy at Birmingham City Council

J ANU AR Y 2 0 18 / THE PLA NNER

26-29_Climate Le__The Planner 29

29

19/12/2017 13:00

C A S E S T U D Y – I N T E R N AT I O N A L

A PLACE FOR RENEWAL AWARDS: RTPI AWARD FOR EXCELLENCE IN PLANNING FOR BUILT HERITAGE PROJECT NAME: SEAMUS HEANEY HOMEPLACE KEY PLAYERS: MID ULSTER DISTRICT COUNCIL, THE HEANEY FAMILY, W&M GIVEN ARCHITECTS B Y D AV I D B L A C K M A N

“It’s what town planning is all about; creating a place and mediating a space,” says Chris Boomer, planning manager at Mid Ulster District Council.

He is talking about Seamus Heaney HomePlace, a centre that celebrates the life and work of Nobel Prize-winning poet Seamus Heaney, who was born and brought up in the rural County Derry village of Bellaghey where it is located.

Until recently, however, the building was a raw symbol of Northern Ireland’s sectarian divisions. Once the local manor house, it was converted into a police barracks for the Royal Ulster Constabulary during the Troubles.

The heavily fortified structure was equipped with bombproof bunkers and mortar-proof roofs. Even the windows had been removed, meaning the building retained very little of its original character.

Following the Good Friday Agreement, the station was decommissioned and lay derelict. The then Magherafelt District Council had the headache of how to deal with a highly contentious eyesore. In 2012,

30

T H E P L AN N E R \ JA N U A R Y 2 0 1 8

30-31_RTPI Award__The Planner 30

the authority bought the police barracks and the 1.2 acres of land in which it sat.

The following year saw the death of Seamus Heaney at the age of 74. With the support of the poet’s family, many of whom still lived locally, the idea caught on that former RUC site should be turned into a centre to commemorate the poet’s life.

LOCATION, LOCATION, LOCATION The proposed centre offered an opportunity to bridge the Protestant-Catholic divisions, says Boomer.

“Seamus Heaney transcended the Protestant-Catholic divide.

“He was obviously brought up in a Catholic community and worked for most of his career as an academic in Dublin,” he continues. “But he had no difficulty taking the role of Nobel Laureate and being the key translator for old Anglo-Saxon texts, so he crossed both communities.”

And the site’s location between Catholic majority Bellaghey and the neighbouring mainly Protestant village of Castledawson was “perfect” to be able to provide for both communities,” says Boomer.

The centre also provided a jumpingoff point for exploring the boglands, mountains and waterways that had inspire Heaney’s poetry. Consequently, the 2,000 square metre centre features an elevated viewing platform that enables visitors to immerse themselves in the landscape.

“Rather than build something in what is one of the world’s premier wetland it was better to put it in the village where there are services,” says Boomer.

In addition, Boomer says, the centre sits near the crossroads of two of Northern Ireland’s main throughfares – the main

“HOMEPLACE IS NOT A MUSEUM, IT IS AN ACTIVE PHYSICAL PLACE WHICH IS STEEPED IN THE HERITAGE OF THE LOCAL AREA” route between Belfast and Derry and the road from Northern Ireland’s Causeway Coast to the ecclesiastical city of Armagh.

SENSITIVE PLANNING As one of most culturally significant projects to be developed in Northern Ireland, HomePlace was seen by Magherafelt Council to have potential to raise the creative profile of the district. It submitted its initial planning application in 2014.

When it came to planning the centre itself, Heaney’s family were keen to ensure that the centre didn’t end up as a dusty I M AG E S | A L A M Y

19/12/2017 13:00

Irish poet, playwright and translator Seamus Heaney received the 1995 Nobel Prize in Literature

W H AT T H E J U D G E S THOUGHT Nick Raynsford, chair of the judging panel, said: “Turning a once heavily fortified police station and what to many was a bleak symbol of political division to a welcoming and inspirational place is no small feat. The judges were impressed with how this project reconceptualised heritage in the broadest possible sense.

“It is an example of how planning can deliver imaginative and sensitive schemes to share culture and heritage.”

memorial. As well as exhibition space, which includes a recreation of Heaney’s study in Dublin, the centre features a hexagonal performance area that can accommodate up to 190 people. This intimate space is perfect for traditional Irish arts and spoken word performances, including ceilidhs, says Boomer.

Although the old manor house itself was torn down to make way for the centre, the new building doesn’t seek to disguise its site’s contentious history. The annex to the main building retains some of the concrete walls and metal cladding that

had protected the station. Another nod to the building’s past is the basalt stone incorporated into the frontage, which has been taken from the walls that ringed the manor house.

The sensitive planning of the centre extended to the treatment of its hillcrest setting overlooking Bellaghey. When public consultation uncovered concerns that HomePlace would dominate the nearby parish church, the roof material was changed to zinc by architects W&M Given to soften its impact on the surrounding townscape.

“The original design used a copper roof, but we decided that would draw the eye away from other buildings in the area,” says Boomer.

During the centre’s development, Northern Ireland local government was undergoing sweeping reorganisation.

Tiny Magherafelt merged with two of its neighbouring councils into the new authority of Mid Ulster.

The process of planning the centre was used as a way to bring together the new council’s departments. Although Mid Ulster Council’s planners took the lead on the scheme’s design, they worked closely with their new colleagues in economic development and in leisure and recreation who would run the centre when it was launched. “It got us talking,” says Boomer.

A SYMBOL OF RENEWAL The centre officially opened on 29th September 2016. In the first two months after the opening, it attracted more than 8,500 visitors. It has also inspired the regeneration of Bellaghey, which has acquired World Host Village status.

The council submission to the RTPI sums up the project’s importance.

“It has not only regenerated a key site within the village of Bellaghey, it also celebrates an important aspect of heritage of the people of the land of the area. But even more than that, it is a project that was about starting anew – bringing people together in a new Northern Ireland; HomePlace is not a museum, it is an active physical pplace which is steeped in the heritage of the local area.”

Boomer says: “It’s totally achieved what we set out to do.”

J ANU AR Y 2 0 1 8 / THE PLA NNER

30-31_RTPI Award__The Planner 31

31

19/12/2017 13:00

Visualisations for a positive outcome

NPA

Visuals

Contact Chris Hale to discuss the preparation of high quality visualisations, including YHULͤHG YLHZV DQG SKRWRPRQWDJHV WR VXSSRUW \RXU GHYHORSPHQW SURSRVDOV • Architecture • Landscapes

01225 876990

p32_PLN.JAN18.indd 2

• Planning and appeals • Urban spaces

• Design • Promotion

npavisuals.co.uk

14/12/2017 09:58

LANDSCAPE

LANDSCAPE

TTech { L A N D S C A P E

P33 TECH P36 REGIONAL P40 DECISIONS P44 LEGAL P50 PLAN B P51 ACTIVITY

TRUE VIEWS ‘VERIFIED VIEWS’ IMPARTIALLY REPRESENT PROPOSED DEVELOPMENTS AS THEY WOULD BE EXPECTED TO APPEAR IN REALITY. THEY ARE ESPECIALLY USEFUL FOR PLANNERS, SAY ALISON CARROLL AND CHRIS HALE OF NICHOLAS PEARSON ASSOCIATES One only has to read a planning appeal to understand how the planning system seeks, and often struggles, to balance the visual effect of development with its other impacts – good and bad.

Visual appearance is so often the point of contention in discussion about new development. Achieving an image of a proposed development that is agreed to be realistic is an important aid for people considering its merits.

Not everyone is able to interpret the plans, sections and elevations that illustrate the technical aspects of development.

Images that show a proposal accurately within its setting, however, can greatly assist interpretation by both professionals and

I M A G E S | N I C H O L A S P E A R S O N A S S O C I AT E S

33-34_Tech Lands_01-Jan-2018_The Planner 33

laypeople. Designers can also benefit from an accurate visualisation of development at an early stage in the process because it can help with the definition of appropriate development parameters, such as height and massing, and selection of materials.

But how do you get an image that is credible and trustworthy, that is as close as it is possible to get to what it will actually look like in real life?

Real-world imagery Technology is giving built environment professionals a variety of visualisation tools, and some are extremely exciting.

3D printing and virtual reality, for example, could transform public

engagement with consultation. Most organisations, however, rely on static representations – drawings, photographs and computer-generated imagery (CGI) – and will continue to do so.

But CGI-generated artists’ impressions often serve a marketing rather than a technical purpose. Frequently we’ll see them within sales or consultation publications depicting a yet-to-be-built proposal in the most ideal, and idealised, light.

A ‘verified view’, however, is, as the name suggests, a verifiable image. That is, the view is created from a defined ‘real’ location and not from an imagined perspective. It uses a baseline of verifiable visual information and combines photographic views with accurate CAD 3D representation of the proposals to an agreed level of detail.

It will conform to technical guidance (see box: Technical guidance), rely on quantifiable data and, crucially, represent a consensus around what is realistic. Thus it can be used to scrutinise work without its veracity being questioned.

Verified views are particularly valuable in planning – for example, as part of an Environmental Impact Assessment process, in public consultation, in planning committees and at public inquiry.

In all cases the aim is to establish a realistic expectation of what a development will look like and what kind of physical impact it will have. Critically, this can instil a level of trust between public, planner and developer that enables genuinely useful feedback and amendment.

By contrast, the use of inappropriate forms of visualisation that do not accurately represent a proposed development can have a detrimental effect on planning outcomes – chiefly by undermining trust and creating disappointment and resentment that is carried over into future developments.

Much of the data required to produce verified views is now often routinely available within development planning teams, including accurate site survey and mapping and 3D CAD models of the development proposals. This can

J ANU AR Y 2 0 18 / THE PLA NNER

33

19/12/2017 17:18

LANDSCAPE

Tech { L A N D S C A P E then be supplemented with high-quality photography taken to exacting standards.

The cost and timescale for the production of verified views depends on the complexity of a development proposal, the level of information available from a client, the level of accurate detail and the number of views required. Any costs and timescales involved in the preparation of verified views must be weighed up against the benefits of producing them.

The future of visualisation As for the future of visualisations, in many respects it is already here.

Technology now allows cost-effective preparation of high-quality animations, and virtual and augmented reality is being used as part of design development processes.

Future decisions on their use will still relate to project programmes and budgets, as well as deciding what type of visual representation is appropriate to the project stage and the expectations of receiving audiences.

The limit to their use may also depend on the abilities and protocols of statutory planning authorities, and other bodies, to receive, store and view.

It must always be remembered that the process is a means to an end, which is to inform the decision-making process and ultimately determine what is physically built. n Alison Carroll is an associate environmental planner with Nicholas Pearson Associates. Chris Hale is CAD/IT manager and associate with NPA.

Technical guidance

CLASSIFIED VIEWS When producing verified views, a number of options are available to aid design and planning decisions, according to the level of detail required. These can be classified to broadly define their purpose in terms of the visual properties they represent.

The following classification, derived from guidance produced by the Greater London Authority (2012), is a cumulative scale in which each level incorporates all of the properties of the previous level. The levels are referred to as Accurate Visual Representation (AVR) Levels 0, 1, 2 and 3.

0

1

2

3

Block models (AVR Level 0) can be helpful early in the design process to test massing and scale, especially in sensitive viewpoints. The final model (AVR Level 3) can then have materials and textures added and colour rendered as required. Real-world lighting is created and cameras are positioned using accurate survey and mapping.

● Landscape Institute, 2011. Photography and Photomontage in Landscape and Visual Impact Assessment.

Advice Note 01/11 ● Landscape Institute and Institute of Environmental Management & Assessment, 2013.

Guidelines for Landscape and Visual Impact Assessment. Third Edition (GLVIA3) ● Landscape Institute, 2017.

Visual Representation of Development. Technical Guidance Note 02/17 ● Greater London Authority, 2012. London View Management Framework Supplementary Planning Guidance. Appendix C: Accurate Visual Representations ● Scottish Natural Heritage, 2016. Assessing the Impact of Small-Scale Wind Energy Proposals on the Natural Heritage.

Version 3 ● Scottish Natural Heritage, 2017. Visual Representation of Wind Farms. Version 2.2

Pinesgate, Bath Pinesgate, within the Bath World Heritage Site (WHS), was allocated as a site for mixed-use development including retail, offices, leisure and residential.

In 2015 a planning application for an office building on one half of the site was refused because the building height and materials would have a detrimental impact on the WHS. A revised scheme, incorporating offices, a college building and student accommodation, was designed with the aid of verified views. These were also used in the environmental impact assessment, in the public consultation exercise and

34

in discussion by the planning committee. Feedback from members indicated that the visuals were helpful in allowing an understanding of the proposal. The scheme was approved.

“When proposing new development, particularly within a World Heritage Site, a picture truly does tell a thousand words,” says Niall McLean of Ediston Real Estate. “The ability to graphically illustrate the scale and massing of our proposals, and their relationship with the existing townscape enabled the planning committee to make a balanced and informed decision.”

T H E PL AN N E R \ J A N U A R Y 2 0 1 8

33-34_Tech Lands_01-Jan-2018_The Planner 34

19/12/2017 17:18

ADVERTISEMENT

OPPORTUNITIES WITHIN THE PLANNING AND DEVELOPMENT DEPARTMENT AT BIRMINGHAM CITY COUNCIL

Help shape Britain’s second city Be part of a great team in Birmingham OPPORTUNITIES INCLUDE: Principal Planning Officer

Graduate Officer – Planning and Development

£33,437-£41,025

£19,048-£24,472

Both Permanent Positions and Fixed-Term Contracts (4 years)

Fixed-Term Contracts (for up to 3 years)

Working 36.5 hours per week

As a Graduate Officer you will gain practical work experience across a range of service areas which could include policy, regeneration, housing development, urban design, planning management, civil engineering, enforcement and transportation. This will give you the breadth and depth to work towards membership of a recognised professional body.

We are seeking passionate individuals, from new graduates to people who hold a built environment qualification but are not currently engaged in this field. We will give you paid leave to complete your studies if you wish to gain a professional qualification, as long as you do not already hold an accredited master’s degree.

The Principal Planning Officer role is responsible for the management and determination of a diverse portfolio of planning applications and appeals, as well as supporting the preparation and implementation of development frameworks and plans. You will need a degree in planning or a related discipline, to be a Corporate Member of the RTPI and have substantial experience in planning management.

Senior Planning Officer £25,951-£32,486 Permanent Positions Working 36.5 hours per week The Senior Planning Officer is a flexible role working within one of the following functions; Planning Management or Development Planning. The role provides the opportunity to contribute to a range of initiatives, including statutory and non-statutory frameworks and plans; the determination of a diverse portfolio of planning applications and appeals; and the implementation of projects and development schemes. You will need to hold a degree in planning or a related discipline and, as a preference, be eligible for Licentiate Membership of the RTPI.

Working 36.5 hours per week

Apply online

To apply for the positions, visit www.birmingham.gov.uk/jobs

Talk to us

For informal enquiries about any of the roles please contact one of our following team members: Principal Planning Officer positions – Peter Barton Email: peter.barton@birmingham.gov.uk Tel: 0121 464 7789 Senior Planning Officer positions – Doug Lee; Email: doug.lee@birmingham.gov.uk Tel: 0121 464 9858 Graduate Officer positions – Joy Anibaba Email: joy.anibaba@birmingham.gov.uk or Tel: 0121 303 7881

“Documentation confirming your right to work in the UK will be fully checked for all applicants. All non-UK and nonEU applicants are required to apply for a Certificate of Sponsorship from Birmingham City Council and must be approved by the UK Border Agency (UKBA) before any employment offer can be confirmed.”

The closing date for applications is 26th January 2018

J ANU AR Y 2 0 18 / THE PLA NNER

35_Birmingham__The Planner 35

35

20/12/2017 10:44

LANDSCAPE

Nations & Regions focus { WALES

A land of contrasts Popularly known for its rugged and rural landscape, Wales is nevertheless a nation of contrasts. In the north, the mountainous Snowdonia National Park (one of three) is a haven for tourists; the south is home to much of the country’s industrial output and population.

Agriculture, mainly in the form of sheep and cattle farming, is widespread; yet 80 per cent of the three million population live in cities – notably the southern cities of Cardiff, Swansea and Newport.

From the Industrial Revolution, the Welsh economy was built on coal and steel. Yet these industries were already declining by the 1930s; the 1970s saw a difficult transition towards a light industrial/service-based economy.

Poverty lingers in former heavy industrial areas; in some parts of the Valleys the number of jobs available is half the UK average.

Although tied to England and the UK

for centuries, Wales has maintained a than £4bn in European funding. Even so, distinct cultural identity and language, its electorate chose to leave the EU in the which has gathered strength since 2016 referendum. devolution in 1999. The National Since devolution in 1999, the Welsh Assembly for Wales is gradually planning system has evolved distinctly acquiring more powers; music and from England’s. The Planning (Wales) sport have experienced a Act 2015 reinforced the role of renaissance. local development plans, and In business, Cardiff has cleared the way for the National “CARDIFF become a centre for media, Development Framework HAS BECOME tech and finance. Wales has (NDF). The Well-being of Future A CENTRE FOR Generations Act 2015 requires also committed to become MEDIA, TECH a world leader in clean public bodies to support wellAND FINANCE” being goals and adopt new ways energy generation and hosts a number of large wind of working – including when projects. A power-generating planning places. tidal lagoon is proposed Proposals to consolidate for Swansea; the island of Anglesey will planning law in Wales are undergoing be the location of the proposed Wylfa consultation. These changes would Newydd nuclear power station. likely be welcomed by local planning Brexit, however, could prove a severe authorities, which have lost 53 per cent test for the nation’s economic resilience. of their budgets between 2010 and 2015, Since 2000, Wales has received more according to a government report.

MAJOR PROJECTS 1. Wylfa Newydd Wylfa Newydd – ‘New Wylfa’ in English – is a nuclear power plant proposed to replace the Wylfa plant, which operated between 1971 and 2015 on Anglesey. The scheme will bring major energy benefits to North Wales, but concerns remain over how to house construction workers, and the impact on the island’s culture and language. n bit.ly/planner0118-wylfa

2. M4 relief road Originally proposed in 1991, plans to extend the M4 motorway south of Newport have now reached the inquiry stage. The existing road around Newport does not meet motorway standards, but the plans have been attacked by environmental groups. n bit.ly/planner0118-M4

2.

3.

3. New homes for Cardiff Since adopting a new local development plan in January 2016 that includes 40,000 new homes over the next 10 years, Cardiff Council is dealing with proposals for a number of large housing schemes.

36

T H E P L AN N E R \ JA N U A R Y 2 0 1 8

3638_Nations Regions__The Planner 36

I M AG E | G E T T Y

20/12/2017 10:45

Wales Insight: How Welsh entrepreneurial talent is bringing tech to planning Daniel Mohamed is the founder of Urban Intelligence, creators of a software platform that aims to make planning policy more accessible.

Urban Intelligence is a ‘PlanTech’ start-up bringing the UK planning system into the 21st century using data and technology. We’ve developed a central repository for planning policy information by processing policy and spatial data from local authorities. Planners can find information in an instant, either

by using our search tool or clicking on an interactive map. It is used by consultants, architects, property developers and public sector planners.

Our product reduces time spent trawling through council websites and PDF documents, freeing planners to focus on more creative tasks, as well as other things like

community engagement. In the future, technology could empower planners and policymakers to plan proactively by providing data-driven insights on the most sustainable locations for different types of development. It is clear that technology will transform planning – it’s up to us as a profession to shape that impact, or we will have it shaped for us.

We began considering Cardiff as a headquarters after the Development Bank of Wales became one of our seed investors. The city has an emerging digital technology scene and offers great quality of life, as well as helping us to reduce our operational costs.

It’s also just a quick train ride from London should we need to go in for meetings.

Given the accessibility of the Welsh Government, we’re hoping we can make rapid progress on new ideas that might take longer to adopt in England or UK-wide.

The government has introduced a number of progressive measures such as the Wellbeing of Future Generations Act, which requires the public sector to focus on long-term goals, as well as meeting the immediate needs of communities. We’re hoping that working in this kind of environment will make it easier to get our data-driven ideas off the ground, boosting public sector productivity at the same time.

Valuable skills In light of the Welsh Government’s commitment to become a leader in clean energy, planners with experience in planning for energy infrastructure – particularly in renewables – will be in demand in years to come.

Post-industrial decline in many rural areas has created a need for planners with an understanding of the issues affecting rural communities and how planning can help to solve them. Community infrastructure and economic development are required in many parts of Wales.

Economic development is also a requisite in the country’s larger towns and cities, along with regeneration skills and the capacity to plan for and deliver housing on a significant scale – particularly in Cardiff.

Any planners seeking work in Wales will need a good understanding of sustainability in all its forms, in accord with the requirements of the Wellbeing of Future Generations Act. Search for opportunities in Wales on The Planner Jobs: http://jobs.theplanner.co.uk/

J ANU AR Y 2 0 18 / THE PLA NNER

3638_Nations Regions__The Planner 37

37

20/12/2017 10:45

LANDSCAPE

Wales RECENT SUCCESSES Rhyl High School The £25 million redevelopment of Rhyl High School in Denbighshire won the RTPI Wales Planning Award 2017. It combine extensive consultation with high-quality, sustainable design. The building, which achieved an ‘excellent’ BREEAM rating, has seen uptake of pupil places return to capacity levels.

Rhyl High School

Newport Commercial Road A planning-led programme helped to transform locations that had suffered lack of maintenance, decline and dereliction, breathing new life into landmark locations. One of the projects involved the sympathetic restoration of shops facades and the creation of a public open space.

Plas Heli Welsh National Sailing Academy and Events Centre As Pwllheli became known as one of the finest sailing venues in Britain on the strength of its world-class waters, its status was threatened by inadequate on-land facilities. The £9 million National Sailing Academy and Events Centre was designed to meet this need, as well as to contribute to the wider economic landscape.

Plas Heli

s, Restored shops façade Commercial Road

Signposts RTPI Cymru has a membership of 1,100 and is overseen by a management board chaired by Tom Watson. A Policy and Research Forum contributes to planning consultation and debates nationally. It offers a regular and affordable programme of CPD-focused seminars and events, and it publishes a quarterly newsletter – Cynllunio. n RTPI Cymru web pages: www.rtpi.org.uk/the-rtpi-near-you/rtpi-cymru/ Cynllunio, the RTPI Cymru newsletter: www.rtpi.org.uk/the-rtpi-near-you/rtpi-cymru/cynllunio-rtpi-cymrunewsletter/ n Young Planners Cymru provides a voice for young planners locally and nationally, publishes a newsletter and organises events: www.rtpi.org.uk/the-rtpi-near-you/rtpi-cymru/young-planners-cymru/ n Events: Standing events include the Wales Planning Conference and the RTPI Cymru Spring Conference, to be held in Llandudno on 8 March 2018. www.rtpi.org.uk/the-rtpi-near-you/rtpi-cymru/events/ n Email: wales@rtpi.org.uk n Twitter: @RTPICymru n Find tour RTPI region: www.rtpi.org.uk/the-rtpi-near-you

Next month:

Ireland 38

T H E P L AN N E R \ D JAECN EU M MB AR B YE R2 0 20 1 816 16

3638_Nations Regions__The Planner 38

I M AG E S | P L A S H E L I / A H R / DA N I E L H O P K I N S ON

20/12/2017 10:45

ADVERTISEMENTS

ADVERTISEMENTS

Recruitment {

To advertise please email: recruitment@theplanner.co.uk or call 020 7880 7665

Help us create a 21st century planning system Urban Intelligence is a unique technology start-up that is driving the shift in the planning system from analogue to digital. Our first-ofa-kind digital solution (called Howard, after Ebenezer) is currently used by London-based planners, architects and developers in their day-to-day work to search and analyse planning policy across the capital.

We’re taking our London service nationwide, and we’re looking for two talented and energetic planners to join us at our new state-of-the-art home at Tramshed Tech in Cardiff.

Senior Planner / Planning Lead

Graduate Planner / Planner

Location: Cardiff Compensation: Up to £40,000 plus equity

Location: Cardiff Compensation: Up to £26,000 plus equity

Responsible for the management of Howard, you’ll be supervising other members of the planning team and working with our tech specialists to develop new approaches to bringing data science into planning. You’ll be MRTPI and have 5+ years of working with development plans in England and Wales. A confident self-starter, you will be expected to develop a core specialism (planning, data science, or business development) through which you can progress to a senior leadership position within the business as we grow together.

With a passion for technology, you’ll have at least a year of experience working with development plans and a keen eye for detail.

Supporting the senior planner, you’ll be gathering intelligence on planning policy for designated UK regions, brainstorming new ideas with us, liaising with users to improve our product, and contributing to blogs and reports with your knowledge. This is in an incredibly rare opportunity to get a birds-eye view of the planning system, play a key role in a fresh thinking business, with a chance to share in its success, and make a system-wide impact.

To find out more about these vacancies and how to apply, visit us at: urbanintel.io Closing date: Midnight, 10 January 2018

Urban Intelligence HPH.indd 1

20/12/2017 12:07

We are a company founded with one simple objective. Linking talented people with the best jobs, everyday…

To be more specific when we say talented people we do not mean just anyone!

We are referring to people that have experience in or around the below industries;

Qualified Social Work | Youth Offending/Probation | Care & Support Services Social Housing | Occupational Therapy | Fostering & Adoption Our years of industry experience has lead us to understand that working in these specific sectors in which we have vast experience enables us to focus the entire efforts of the business to focus on not only finding talented people but understanding their experience levels and helping provide guidance to the right next job.

When we say the best jobs what do we mean? What we mean is that we work with the vast majority of UK statutory local authorities, major housing associations and NHS trusts, this is where it stops for many of our competitors…

But it doesn’t stop with us however! We also work with charities, voluntary sector organisations, private businesses and even oversea governments on different placements/projects.

We want to find you the best job for you right now and the best job to help you in your future.

To speak to our specialised recruitment team today call us now on 0845 838 8573 or email info@ackermanpierce.com

S eaAckerman rc h t hPierce ep l aHPH.indd nn e r.co1.u k / j o b s fo r t h e b e s t v a canci e s

PLN RECR JAN18.indd 39

21/07/2017 12:36

J ANU AR Y 2 0 18 / THE PLA NNER

39

20/12/2017 12:08

LANDSCAPE

DiF { D

DECISIONS IN FOCUS

Decisions in Focus is where we put the spotlight on some of the more significant planning appeals and court cases of the last month – alongside your comments. If you’d like to contribute your insights and analyses to future issues of The Planner, email DiF at editorial@theplanner.co.uk Javid agreed with his predecessor’s finding that the scheme would conflict with policy 2 of the WNP, which sets out the spatial policy for Winslow and defines its settlement boundary.

Sajid Javid has turned down plans for 211 homes in Winslow, Buckinghamshire

HOUSING

Javid rejects third bid for 211 homes in Winslow ( SUMMARY Communities secretary Sajid Javid has blocked plans for 211 homes in Winslow, Buckinghamshire, submitted for the third time

by Gladman Developments.

An almost identical scheme was dismissed by Javid’s predecessor Eric Pickles. ( CASE DETAILS The appellant first bid to build on Glebe Farm in 2013.

The application was one of three housing proposals it made for the area over five months, leading Tory MP Nadhim Zahawi to call it “rapacious and profiteering”.

Following the first refusal, Pickles recovered a second

40

application in 2014. He afforded “very significant weight” to the scheme’s conflict with the Winslow Neighbourhood Plan (WNP), ‘made’ that year after a 98 per cent favourable referendum result, which made provision for a 35 per cent rise in the number of homes.

The developer challenged Pickles’ decision, bringing a case against the adoption of the WNP to the Court of Appeal, but dropped both cases in 2015. Its third and latest plan, submitted almost unchanged from the scheme recovered by Pickles in 2014, was recovered again by Javid.

He agreed with inspector K A Ellison that it would have significant and longterm adverse effects on the landscape, and that the submitted visual appraisal did not “fully recognise the sensitivity of the site, or the full extent of the scheme’s impact”.

T H E P L AN N E R \ J A N U A R Y 2 0 1 8

40-43_DiF__The Planner 40

( CONCLUSION Ellison had found that Aylesbury Vale District Council had a housing land supply of only 4.5 years, but Javid said the most recent evidence proved that the council could find a 5.6-year supply. On this basis, and against Ellison’s recommendation, he did not engage the tilted balance in National Planning Policy Framework (NPPF) paragraph 14.

He said the benefits arising from the provision of market and affordable housing could not outweigh the harm to the landscape, and dismissed the appeal.

V I E W O N LI N E FO R F R E E Appeal Ref: APP/J0405/W/15/3137920

HOUSING

Housing would save local theatre ( SUMMARY A 70-home scheme in Leicestershire has been

allowed despite its “less than ideal’ location, as it would raise £2.1 million to save a valued theatre from closure. ( CASE DETAILS The parcel of land, seven miles south of Melton Mowbray, is owned by appellant Brooksby Melton College. The site comprises several derelict buildings formerly used by students for agricultural courses.

In recent years the college has reorganised its land, moving the activities run on the appeal site to another campus on the other side of the A607. This site contains the grade II* listed Brooksby Hall, as well as various more modern and well-equipped facilities. The college sought permission to build 70 homes on the appeal site, along with some light industrial units and a village shop.

Inspector Jonathan Hockley noted that the site is in the countryside, some distance from Melton Mowbray. Although he considered the bus service, which runs just two services each way on Sundays, to be “more generous than that which serves many villages”, he found it likely that future residents would need to rely on private transport. He said: “It is not in doubt in my mind that the proposal would

I M A G E S | A L A M Y / PA

19/12/2017 13:02

lead to 70 dwellings in an unsustainable location.”

But Hockley weighed up the “unparalleled set of circumstances” surrounding the scheme. First, he referred to another scheme submitted by the college: to redevelop its town centre site to provide 21 affordable homes. This plan would provide much-needed affordable housing, but would not be viable as a standalone scheme and could only go ahead in tandem with the appeal scheme.

Next, Hockley turned to the issue of Melton Theatre. The appellant and Leicestershire Borough Council both spoke of the cultural benefits the theatre brings, as the only one in its town. But the appellant said that because it subsidises the theatre, and funding is generally only available to the college for educational services, the theatre is struggling financially.

A viability assessment found that without investment, the theatre would soon close. As part of the appeal scheme, £2.1m would be invested to bring it up to modern standards and ensure its viability. It would also allow the college to restore to Brooksby Hall, which as a grade II* listed building is of “particular importance and more than special interest”. ( CONCLUSION In light of the age of the Melton Local Plan of 1999, Hockley allowed the appeal, engaging the tilted balance of NPPF paragraph 14. Despite the scheme’s unsustainable location, he said, it would bring about “a unique range of benefits that would benefit the borough”.

V I E W O N LI N E FO R F R E E Appeal Ref: APP/Y2430/W/16/3150720

HOUSING

Local plan ‘tension’ halts 400 homes ( SUMMARY An inspector has refused permission for 400 homes on the site of a quarry east of Crewe because of conflict with the new local plan, despite a legal challenge against its adoption prompted by allegations of data falsification. ( CASE DETAILS During the inquiry, inspector David Rose was informed of a legal challenge against Cheshire East Council’s local plan strategy (LPS), which was adopted in July 2017, in light of allegations that the council had falsified air pollution data.

Though he agreed to delay the inquiry so that new housing evidence could be prepared, he afforded little weight to the legal move, as the “the lodging of a challenge does not change the legal status of the plan”.

The point of contention between the parties was whether or not the council could prove a five-year housing supply. Referring to evidence based on “long-term work appraising thousands of sites over a 10-year period”, the council professed a supply of 5.45 years. The appellant provided a “more immediate snapshot” that found a 4.65-year supply.

Rose noted that although the council has the benefit of “extensive local knowledge”, the appellant’s evidence, despite being limited in scope, “called into question some of the assumptions” made by the authority.

Assessing a number of schemes included in the five-year supply, he found “significant risk that a

number [of them] will fail to materialise within the timeframe identified”.

Owing to “a degree of overoptimism on the council’s part that raises questions over the robustness of supply”, Rose found a best-case scenario of 5.07 years’ supply, providing “headroom” of 200 units.

At worst, there would be a deficit of 130 homes, yielding a supply of 4.96 years. He ruled that the supply should be considered “marginal, and potentially in doubt”.

It would therefore be prudent, he said, “to engage the tilted balance of NPPF paragraph 14.” ( CONCLUSION Rose weighed the benefits of delivering 400 homes against the scheme’s conflict with the spatial policies of the LPS. He found that although the council could not identify any tangible harm arising from the proposal, it would still run counter to the emerging plan’s defined hierarchy of settlements, in conflict with the NPPF’s aim to provide a genuinely plan-led system.

The delivery of homes would be “tainted” by this conflict.

Concluding that the proposal would result in “serious tension” with the

recently adopted LPS, he dismissed the appeal.

V I E W O N LI N E FO R F R E E Appeal Ref: APP/R0660/W/17/3166469

COMMERCIAL

‘Vast restaurant complex’ is axed ( SUMMARY Permission has been refused for three Islington restaurants to operate lawfully as separate businesses after unlawful basement alterations had created a ‘vast restaurant complex’ because they would still be large enough to cause noise disruption. ( CASE DETAILS The appeal relates to four grade II listed Georgian terraced buildings in Barnsbury Conservation Area. The ground floors and basements are in class A3 (restaurant) use, although two of the four buildings only have permission for class A2 (professional services) uses. There are flats on the floors above.

On his site visit, inspector Roger Catchpole observed that although the restaurants are individually branded, wide openings have been

Brooksby Melton College in Leicestershire can redevelop derelict buildings into 70 homes to raise funds to save a valued theatre

J ANU AR Y 2018 / THE PLANNER

40-43_DiF__The Planner 41

41

19/12/2017 13:02

LANDSCAPE

DiF { D created in the basement walls between the properties, leading to the creation of potential to operate as a single restaurant. These alterations were unlawful, and have been subject to enforcement notices, most of which were upheld at appeal.

The appellant sought permission to permanently close the unlawful basement openings and establish three lawful class A3 uses: restaurant one, in number 16, would seat 30; restaurant two, in numbers 12 and 14, would seat 60; and restaurant three, in number 10, would seat 85.

Catchpole noted that, notwithstanding the enforcement action on harm already caused to the listed buildings, the proposal would not cause further harm to their special interest because it would reinforce their original compartmented plan form. But his concerns about living conditions remained.

Large groups could still book restaurants two and three, causing unacceptable noise.

“In my experience”, he noted, “customers are likely to raise their voices in restaurants to be heard above the clamour”. ( CONCLUSION Citing unacceptable harm to the living conditions of nearby residents with regard to noise, in conflict with the Islington Local Plan, Catchpole dismissed the appeal.

DECISIONS IN FOCUS plans to build a rural worker’s home on a dairy farm in Cheshire, considering it essential to the business in accordance with NPPF paragraph 55. ( CASE DETAILS Willow Grove Farm covers 320 acres in Cheshire. The farm’s herd comprises some 260 cows producing 9,000 litres of milk per cow each year. The farm is contracted to supply milk to one of the nation’s largest supermarkets.

The appellants live in an existing farmhouse on the site, granted permission in 2013 subject to a condition restricting its occupation to an essential rural worker.

The appellant’s son also lives on site in a caravan. It was originally intended for him to move into the farmhouse, but as he now has his own family, the appellant said another permanent home is required.

All parties agreed that the business is financially sound.

It has doubled its cattle stock since 2011, and now needs six full-time workers, including the appellant and his son.

Cheshire East Council refused the proposal, saying the need for full-time workers does not necessarily equate to a need for a worker to live on site.

V I E W O N LI N E FO R F R E E Appeal Ref: APP/V5570/W/16/3165702

RESIDENTIAL/COMMERCIAL

Farm dwelling ruled essential ( SUMMARY An inspector has allowed

42

T H E PL AN N E R \ J A N U A R Y 2 0 1 8

40-43_DiF__The Planner 42

An inspector has allowed a thriving dairy farm in rural Cheshire to build a worker’s home on site

The appellant explained that because calving complications occur in one in 10 cases, the cows must be checked regularly. Because the enterprise has grown it is no longer possible for him alone to deal with every out-of-hours problem, 365 days a year. He added that as well as safety concerns, the cows must be artificially inseminated within a short “window of opportunity”.

If this occurs out of hours and the chance is missed, it cannot be re-attempted for three weeks – at a cost to the business of up to £6 per cow, per day. ( CONCLUSION Inspector Jason Whitfield dismissed the council’s suggestion that the existing farmhouse could be extended, or its garage converted to an annexe, ruling that it would not be reasonable to expect the worker and his family to accept lower levels of space and privacy. He agreed that a second home is “essential to the business”.

The appeal was allowed.

V I E W O N LI N E FO R F R E E Appeal Ref: APP/R0660/W/17/3174446

HOUSING

Bus depot bedsits for drivers vetoed ( SUMMARY Plans to convert an empty West Midlands office building into bedsits for employees of a nearby bus depot have been refused because noise and pollution from the buses would create unacceptable living conditions. ( CASE DETAILS The four-storey building in Oldbury, near Birmingham, is in a state of disrepair.

Permission was recently granted to bus operator Rotala plc to use the nearby car park area as a bus depot, with associated offices on the ground floor of the appeal building, but construction has not yet begun.

The proposal sought permission to convert the building’s upper floors into residential bedsits with shared kitchens, to be occupied by Rotala’s bus drivers. The scheme included an external recreational area at ground level, and a communal balcony on the third floor.

Sandwell Metropolitan Borough Council rejected it on two grounds: that the scheme would create harmful living conditions for future occupants, and that the area is safeguarded for employment use in its core strategy.

A noise survey submitted by the appellant found that occupants of the bedsits would be subject to excessive noise generated by a nearby engineering business and the proposed bus wash facility, as well as buses entering and exiting the depot. On this basis the appellant proposed the installation I M AG E S | I STO C K / A L A M Y

19/12/2017 13:02

Bus operator Rotala has been refused permission to turn a disused office block in the West Midlands into bedsits for its drivers

of fixed acoustic glazing for the bedsits and fences around the recreational area.

Inspector Beverley Wilders noted that this would result in a scheme with “no means of natural ventilation, and an outdoor area surrounded by high walling”.

The appellant suggested that air quality “would not represent a material constraint on the proposal”.

But noting that it was not clear whether emissions from the yet-to-be-built bus depot had been included in his assessment, Wilders was not satisfied that the scheme would meet national air quality objectives.

In response to the council’s concerns over loss of designated employment land, the appellant said the building’s upper floors would remain vacant if permission was refused. This did not persuade Wilders, who noted that no evidence had been submitted to prove that the building is no longer required for commercial use. ( CONCLUSION Wilders dismissed the appeal, concluding that the development would be unacceptable both in principle and in practice.

V I E W O N LI N E FO R F R E E Appeal Ref: APP/G4620/W/17/3179379

HOUSING

West Sussex homes green-lit after third appeal ( SUMMARY Communities secretary Sajid Javid has approved 120 homes in West Sussex following a five-year legal dispute, after previous

refusals by his predecessors Eric Pickles and Greg Clark were both quashed by the High Court. ( CASE DETAILS The proposal, first submitted in 2012, sought permission for a mixed-use development of 120 homes, a community facility and care home, and office and retail space.

Pickles recovered the scheme in 2013, refusing permission the following year because of conflict with the thenemerging Hurstpierpoint and Sayers Common Neighbourhood Plan (NP).

After Pickles’ decision was quashed by the High Court in 2015, his successor Clark recovered the proposal for a second time in 2016, again refusing permission against the advice of his inspector.

This decision was also quashed in court, leading current Javid to recover the appeal for the third time.

He noted that since the previous decision Mid Sussex District Council had granted permission for 40 homes and a care home on part of the site, establishing the principle of housing development there and creating a fallback position. He agreed with inspector Clive Hughes’s consideration that this would lessen the harm to the character of the area caused by allowing the appeal.

Assessing the present state of play regarding the council’s five-year housing supply, Javid noted that it had published a document entitled Consideration of Options to Strengthen the

Five-Year Housing Supply in support of the examination process for the emerging Mid Sussex District Plan (MSDP).

Although this document indicated a supply of 5.2 years, Javid ruled that the housing position must be considered unresolved until the examining inspector has submitted a final report on the MSDP, and he engaged the tilted balance in NPPF paragraph 14. ( CONCLUSION Allowing the scheme, Javid found that although it would not accord with the development plan, it would provide housing in an area with a continued supply shortfall. This outweighed the “less than substantial” harm he had found to a nearby listed building.

V I E W O N LI N E FO R F R E E Appeal Ref: APP/D3830/A/12/2189451RD

HOUSING

No reunion for ‘bombed’ flats ( SUMMARY An inspector has refused plans to re-amalgamate a West London flat that was subdivided as part of Second World War bomb damage repairs, ruling that the postwar works reflected the “changing needs of society” after the war. ( CASE DETAILS The appeal relates to two flats on the third floor of a grade

II listed mansion block in Knightsbridge. Built in 1903 as 24 flats, the building sustained severe bomb damage. Repairs carried out in 1946 subdivided the building into 48 flats.

Some original features such as parquet flooring and a fireplace remain, but the interior design and floor plan of the appeal flats are now largely post-war in style.

The appellant argued that this subdivision had decreased the building’s heritage value. He sought permission to amalgamate the two flats into one, in keeping with the original design. The hallway and lobby area added in 1946 would be removed, and the original floor plan restored.

But inspector Claire Searson considered the post-war alterations to be “of special interest in themselves” because of their direct relationship to a significant historic event. She said the works illustrated how the building’s occupation had changed post-war, reflecting “the changing needs of society”. ( CONCLUSION She also found a conflict with the local development plan, which seeks to strike a balance between two needs in the area that often come into conflict: the overall housing supply, which is harmed by the loss of individual units through amalgamation, and the need for family homes. She said: “The cumulative effect of amalgamation within the borough is clear, and poses a significant risk to the delivery of housing targets.”

The appeal was dismissed.

V I E W O N LI N E FO R F R E E Appeal Ref: APP/K5600/Y/17/3177180

J ANU AR Y 2018 / THE PLANNER

40-43_DiF__The Planner 43

43

19/12/2017 13:02

INSIGHT

LLegal landscape WHY CPOS ARE UNLIKELY TO BREAK THE LAND BANK Are compulsory purchase orders (CPOs) the answer to the problem of land banking, as the government suggested in the Autumn Budget?

It’s not as simple as it looks, say Vicky Fowler and Toni Weston In the Autumn Budget, chancellor Philip Hammond announced plans for a review into land banking, which included the potential use of compulsory purchase powers.

Land banking is the practice of buying undeveloped land purely as an investment, thereby preventing it from being developed to deliver new housing.

Would the use of a CPO to curb such practice, however, be workable?

Guidance states that a CPO should only be made as a last resort, where there is a compelling case in the public interest. The delivery of housing is clearly in the public interest and is at the core of national planning policy.

Moreover, local authorities have specific powers to acquire land and property for housing, as does the Homes and Communities Agency (HCA).

In justifying the use of a CPO it would, however, be necessary for the acquiring authority to demonstrate that: n its proposals for disposal

and development of the land being acquired; n how that will achieve the provision of housing

44

Vicky Fowler and Toni Weston accommodation; and n when the provision is likely to materialise.

This means that the acquiring authority must have a strategy and/or the means to deliver the new housing on the land before embarking on a CPO. This is often demonstrated by the local authority working in partnership with the private sector, which will ultimately be responsible for delivery of the proposals.

Under current guidance, the Secretary of State for Communities and Local Government, deciding on whether or not to confirm a CPO, must consider any alternative proposals that may have been put forward by the landowner or by other persons for the use of the land, and whether they are likely to be or are capable of being implemented.

Any CPO of land held or controlled by housebuilders could therefore fail in the event of an objection by the housebuilder that it has the intent, capability and track

record to bring forward housing development on the land.

This raises the question of how you establish whether land is actually being banked so that, on balance, housing is more likely to be achieved if the land is compulsorily acquired. What are the criteria for stating that land is actually being banked? Land is critical for house building and so it makes sense for housebuilders to have a pipeline of sites at various stages of the planning and development process. A pipeline of sites over a typical period of five to six years is arguably not unreasonable given how long it can take to secure planning permission on a housing site.

“IT MAKES SENSE FOR HOUSEBUILDERS TO HAVE A FORWARD PIPELINE OF SITES AT VARIOUS STAGES OF THE PLANNING AND DEVELOPMENT PROCESS”

Faced with the threat of a CPO, there is nothing to prevent the affected housebuilder from making moves to develop, or in the case of a non-housebuilder, making moves to sell the land while the CPO is considered.

Given that the compulsory purchase process can take anything from 18 months to two years, any affected landowner will have more than ample warning and time to take such steps.

The secretary of state would have regard to such activity in deciding whether, on balance, development of the land is more likely to be achieved if the land is compulsorily acquired. This makes the CPO process riskier and less certain, and, given its costs, may deter some local authorities from even embarking on it.

Another potential deterrent to any local authority considering a CPO will be the potential cost of any compensation payable to the affected landowner. The amount of compensation will be the market value of the land, taking into account any planning permission that has been secured by the landowner or any development value. This could make it more difficult for the local authority to secure the necessary funding or support from the private sector to make the case for the CPO. On balance, and given the time and the tests to be met to secure a successful CPO, it is certainly hard to see that the threat of compulsory purchase will have the teeth to deter the practice of land banking Vicky Fowler is planning partner with Gowling WLG and chair of the Compulsory Purchase Association.

Toni Weston is director of planning with Gowling WLG.

T H E PL AN N E R \ J A N U A R Y 2 0 1 8

44-45_Legal__The Planner 44

20/12/2017 10:46

LATEST POSTS FROM THEPLANNER.CO.UK/BLOGS

L EG A L N E W S A contentious application for a large housing scheme in a Kent Downs area of outstanding natural beauty has pitted arguments for economic growth against the case for protecting natural landscapes

CPRE Kent opposed a mixed development scheme for the downs, an area of outstanding natural beauty

Dover AONB homes stopped by Supreme Court

By Laura Edgar The Supreme Court has upheld a decision by the Court of Appeal against plans to build 521 homes in the Kent Downs Area of Outstanding Natural Beauty (AONB).

The application also included a 90-apartment retirement village for land in Farthingloe, and 31 homes and a hotel and conference centre at Western Heights. a specific requirement under the Town Those who supported the application, and Country Planning (Environment submitted by China Gateway International Impact Assessment) Regulations 2011 Limited, said it would bring a muchto provide a statement on the main needed boost to the local economy, while reasons on which it based its decision.

“THE PROPOSALS WOULD organisations including the Campaign to The issue considered was whether the “IRREPARABLY DAMAGE Protect Rural England (CPRE) were opposed.

Court of Appeal was right to quash the THIS NATIONALLY CPRE Kent said the proposals would decision on that basis.

PROTECTED “irreparably damage this nationally protected LANDSCAPE” landscape”.

Powerful message Planning officers at the Dover District Lord Carnwath, with agreement from Council initially put forward proposals reducing the Lady Hale, Lord Wilson, Lady Black and Lord Lloydnumber of houses to 365, recognising the harm to the Jones, upheld the decision by the Court of Appeal.

AONB posed by the application. They recommended that Emma Marrington, senior rural policy campaigner at the plans should be approved.

CPRE, said the decision sends a “powerful message to In June 2013, Dover District Council planning councils” about how they exercise their duty to protect committee carried a motion to follow this “our most cherished landscapes”. recommendation, but with the original number of homes.

Hilary Newport, director of CPRE Kent, said: “This An updated planners’ report, contrary to their earlier level of harm to the AONB cannot be justified and the report, noted that the section 106 agreement did not judges at the Court of Appeal last year, and now at the require the developer to provide the hotel, but instead Supreme Court, agreed with us. This case is not just served “to provide the opportunity for a quality hotel to important to the people of Dover but for the principles come forward”. This was executed in April 2015. of planning law: AONBs merit the highest possible CPRE Kent sought a judicial review of the decision to level of protection.” approve this development, but was unsuccessful at the first try in the High Court.

Read the case in full The Court of Appeal allowed the subsequent appeal The full case – Dover District Council (Appellant) v and quashed the permission in September 2016, on the CPRE Kent (Respondent)/CPRE Kent (Respondent) v grounds that the planning committee did not give legally China Gateway International Limited (Appellant) – adequate reasons for approving the application. The Court can be found on the Supreme Court website (pdf): of Appeal noted that the planning committee had gone bit.ly/planner0118-dover against officer advice.

The council chose to challenge this in the Supreme Laura Edgar is senior news reporter for The Planner Court. It was not in dispute that the council had breached I M AG E | A L A M Y

44-45_Legal__The Planner 45

J ANU AR Y 2 0 1 8 / THE PLA NNER

45

20/12/2017 10:46

NEWS

RTPI { Give your career a lift in 2018 with RTPI Training From January 2018 RTPI Training comes in-house, following the end of the RTPI’s partnership with Kaplan Hawksmere group.

The RTPI has created a tailored programme of training courses designed to expand your technical knowledge and skills, which may contribute towards your individual CPD requirements. This programme replaces the training offered by Kaplan under the RTPI Conferences brand and has been designed by training and planning experts to meet members’ needs across the UK. Courses are available in Belfast, Birmingham, Cambridge, Cardiff, Edinburgh, Leeds, London, Manchester and Nottingham.

Under the refreshed programme, delegates will be led by subject experts in interactive sessions to find practical solutions to everyday challenges faced by planning professionals.

The sessions are either in a briefing format, which offer a combination of the latest updates and case studies to give practical insights to current issues, or in masterclasses, which focus on specific technical and key development topics.

Richard Patrick, the RTPI’s Director of Corporate and Commercial Services, said: “We are really thrilled that we have now launched a programme of courses in

46

policies on housing and employment, based on solid evidence. bit.ly/planner0118-cardiff

locations across the country that we hope respond better to our members’ needs.

This programme of courses is the culmination of a lot of work by the RTPI and its trainers, and we hope that our members take up the opportunity to access really high-quality, delegatefocused training in their area, at very competitive prices.”

Upcoming highlights include: Environmental Impact Assessments (EIA): 30 January, Belfast The 2018 programme kicks off in Belfast with the EIA masterclass, which will support planners to identify and assess potentially significant environmental effects of developments.

The EIA process is complex, involving screening, scoping, assessment and evaluation.

Each stage will help you to identify what measures should be proposed and applied to the final scheme to reduce impacts. Joining this masterclass will help you to understand what Environmental Impact Assessment is, and to identify different stages of the process. bit.ly/planner0118-belfast

Local plans: future direction: 6 February, London bit.ly/planner0118-london This briefing explores the latest key delivery issues for Local Development Plans and the latest updates from the housing white paper, including the new calculation on housing needs and the delivery test. It provides an engaging day of valuable knowledge whether you have a local plan in place, or are in the process of putting one together. bit.ly/planner0118-london Housing and employment: needs and targets: 7 February, Cardiff As our towns and cities expand, how do you calculate your local need for housing and employment?

Do you want to understand how to ensure that new homes are located with easy access to jobs or to encourage job creation alongside housing development? With new guidance emerging on a standardised approach to objectively assessed housing need – how do you implement this? How can neighbouring areas work collaboratively to meet these needs? This briefing will help you interpret guidance to make and deliver sound

Introduction to the planning system: 28 February, Nottingham This masterclass is designed to provide an understanding of the planning system for non-planning professionals working in place-making, technicians, administrators, and support staff. Delegates will gain an invaluable insight into plan-making, the role of development management and the way decisions on individual planning applications are made either by the planning committee, by officers under delegated powers, or by appeal. bit.ly/planner0118nottingham Prices for 2018 onwards will start from as little as £199 + VAT. You can pre-buy places with the RTPI’s multi-buy option, which offers greater flexibility and may help you to allocate your training budget.

The RTPI Training programme is complementary to the RTPI’s current range of CPD courses and events available through the RTPI Nations and Regions, which will continue as normal. n To find out more, visit rtpi.org. uk/trainingdirectory, or speak to the dedicated in-house training team on +44(0)20 7929 8400, or email training@rtpi.org.uk

T H E PL AN N E R \ J A N U A R Y 2 0 1 8

46-49_RTPI News__The Planner 46

19/12/2017 13:03

Editorial E: rtpinews@rtpi.org.uk

RTPI (switchboard) T: 020 7929 9494

Registered charity no.

262865 Registered charity in Scotland SCO37841

3 POINT PLAN A planner explains how they would change the Welsh planning system

Jane Jones MRTPI PRINCIPAL PLANNING OFFICER COMPLIANCE , SNOWDONIA NATIONAL PARK AUTHORITY, CORPORATE LEGAL MEMBER RTPI CYMRU MANAGEMENT BOARD The Welsh Planning system needs to provide greater recognition to enforcement, which still suffers from the stigma of being the ‘Cinderella’ service of the planning process.

Enforcement officers are an integral element for the efficient and effective functioning of the planning system. They possess a wealth of knowledge and skills and can communicate effectively with the public, especially when handling delicate situations.

At a time when public engagement is at the forefront of mainstream planning, there is a need to educate town and community councils. The Welsh Government has commissioned Planning Aid Wales to deliver planning training workshops.

Tailored training events must not only focus on the local development plan, pre-application and application process but also on enforcement procedure and practice, with emphasis on ‘expediency’.

Enforcement would become a more efficient, effective and transparent system without the four and 10-year rule time limits. It would simplify the system and make it easier for the public to understand. It would also ease the burden of local planning authorities having to monitor sites and provide evidence to prove a case.

1 Greater recognition for enforcement officers and the role they play within the planning system

2 Ensure that training workshops to Town and Community Councils also focus on enforcement with emphasis on ‘expediency’

3 Remove the four and 10­ year rule time limits for a more efficient and effective system

POSITION POINTS

COMMITTEE PRIORITIES: RTPI NORTHERN IRELAND The RTPI Northern Ireland works to deliver services relevant to the Northern Ireland planning system and to work with the Northern Ireland Assembly and stakeholders to ensure a positive planning approach.

Judith Winters MRTPI, chair of the RTPI Northern Ireland Management Board, gives an update on its current priorities: Engage with young people to promote planning and an understanding of how to participate positively in the planning system and create good places Provide a programme of events meeting the needs of all our members in Northern Ireland.

Ensure that issues on planning across borders are understood in discussions on Brexit to ensure planners in Northern Ireland are in a position to positively respond to any changes.

RTPI NI provides services to the needs of its members in Northern Ireland.

Its events’ programme delivers continuous professional development opportunities for planners in the jurisdiction.

FOR TOWNS IN PUBLIC POLICY? Kate Houghton MRTPI, Scottish Policy & Practice Officer With so much talk about cities as engines of growth, and city region deals the primary avenue for leveraging infrastructure funding, towns often seem to be an afterthought. Carnegie UK’s Searching for Space: What Place for Towns in Public Policy? tracks the evolution of towns policy in the four nations of the UK – a task made complex by the frequent absence of a tailored approach.

This valuable research, sitting alongside the Scottish Award for Quality in Planning for the North Ayrshire Town Centre Audits research, and the negotiation of Growth Deals based on agglomerations of towns rather than a single large city, is part of Scotland’s growing towns agenda.

n More information: bit.ly/planner0118-carnegie

ADDRESSING BRITISH PRODUCTIVITY The UK Government’s Industrial Strategy, released in November 2017, is a white paper to address productivity in Britain.

The RTPI was pleased to see some understanding of the need for mission-oriented objectives, such as making a transition to a low-carbon economy, which we called for during the strategy’s consultation and in our election asks.

However, we are disappointed that the government has missed this opportunity to include building a million new homes as a challenge, which is a rallying cry for all sectors and places..

n The Industrial Strategy: bit.ly/planner0118-industrial

J ANU AR Y 2 0 18 / THE PLA NNER

46-49_RTPI News__The Planner 47

47

19/12/2017 13:03

NEWS

RTPI { Conference concludes that NAPE officers deserve better back-up

The annual NAPE Conference 2017 took place at the majestic City Chambers in the scenic heart of Old Town Edinburgh.

Once again, this event did not disappoint, with another fantastic turnout of enforcement officers from all over the UK. A packed line-up of speakers covered a wide array of planning enforcement topics, supported by candid questions from the floor with exciting open-form discussions.

Beyond the well-established case law updates underpinning the event, speakers took on wide aspects of a planning enforcer’s remit with Janet Askew MRTPI, a former president of the RTPI, setting off the day by challenging delegates to consider enforcement’s role in sustainable development.

The ever-changing dynamics of the job were highlighted by the implications of new technologies such as short-term rental companies like Airbnb – a topic frequently revisited during the day (and apparently all the way back to the airport).

As the conference was in Scotland, a significant number of delegates came from north of the border, emphasising the value of understanding the local context of enforcement, a key theme of proceedings. A wide variety of issues across different localities were discussed.

For example, in Scotland, it was revealed that cases of unauthorised caravan sites were infrequent compared

48

T H E P L AN N E R \ J A N U A R Y 2 0 1 8

46-49_RTPI News__The Planner 48

with the volume of cases south of the border. On the other hand, in London local authorities were predominantly occupied with the enforcement of illegal dwellings.

Stefano Smith MRTPI, the RTPI Scotland Convenor, highlighted an urban and rural context of enforcement with his analysis of the Scottish Planning Performance Framework (SPPF). This identified a wide variation in institutional and resourcing structures of different enforcement teams across urban and rural locations.

Celina Colquhoun of No. 5 Chambers looked at the enforcement of unauthorised mixed uses, a predominantly rural issue, and the legal complications that arise between both district and county level.

The distinctive legislative frameworks of the devolved nations was touched on, with Neil Collar of Brodies LLP warning that the subtle differences of Scottish law can have huge ramifications in the courts. It was agreed that the role of local enforcement groups and regional events would continue to be important when tackling these area specific issues.

The other theme running through the day’s event was the need for enforcement officers to use the full range of tools and powers available to effectively ensure compliance with planning regulation. This included a discussion with Ian Graves of

Shakespeare Martineau on the growing use of the Proceeds of Crime Act (POCA) proceedings in enforcement cases – stressing the importance of having access to financial investigators.

The growing use of injunctions was also discussed with reflections that they might provide a somewhat underused remedy to enforcement cases. Alongside the discussions of tools available was the need to ensure that defence evidence is accurate for prosecutions and that enforcement notices are appeal-proof – topics handled in interactive afternoon workshops by Tim Jones of No5. Chambers and Neill Whittaker of Ivy Legal, respectively.

In order to achieve more successful prosecutions and serve more airtight notices, calls were made for a clearer legislative environment for enforcement to work within.

The need to share resources, knowledge and best practice will ensure that annual NAPE Conference will continue to sit centrally in any enforcement officer’s calendar. The NAPE network will continue to grow from strength to strength in 2018.

It currently enjoys a record-high membership. The location of the next conference will be announced early next year. n If you would like to join NAPE, or want more information contact nape@rtpi.org.uk

I M AG E | RT P I

19/12/2017 13:03

RTPI Y ACTIVIT E PIPELIN

Current RTPI work – what the Institute is doing and how you can help us THE PLANNING CONVENTION 2018: RESILIENT PLANNING FOR OUR FUTURE Society faces a range of challenges, from political uncertainty to climate change and uneven economic growth to providing affordable housing.

Planning plays a crucial role in the way society responds to shaping our future. On 21 June, expert speakers from around the world will come together at the Planning Convention to address ‘Resilient planning for our future’.

Our packed programme will offer delegates the opportunity to hear from key industry influencers, network, discuss, and find solutions to the pressing problems facing the profession. Highlights include a session on housing delivery and an audience-led Ask the Chief Planners session.

For details visit bit.ly/planner0118-convention or email marketing@rtpi.org.uk to register your interest

RTPI COMMONWEALTH SUMMIT LECTURE WITH SIR TERRY FARRELL World leaders will meet in London from 16-20 April for the Commonwealth Summit. Its theme is ‘Towards a common future’ and it focuses on building on the strengths of the organisation to ensure it is responsive to global challenges and delivers a more prosperous, secure and sustainable future for all.

The RTPI, in association with the Commonwealth Association of Planners, will be running a series of events throughout the summit, highlighting how planning can contribute to the strength of the Commonwealth and help overcome these global challenges. On Monday 16 April in central London, RTPI Gold Medal winner Sir Terry Farrell will give the RTPI Commonwealth Lecture. More information and tickets will be available in February. www.rtpi.org.uk/events

SHARE YOUR EXPERIENCE OF THE STATE OF THE PLANNING SERVICE The RTPI is investigating planning service resourcing, staffing pressures and delivery structures in English local planning authorities in the South East and North West. ‘Investing in Delivery in the South East and North West’ will also consider investment and funding opportunities in the housing white paper.

The RTPI, and Arup, who it has commissioned to do this research, is undertaking a survey across urban and rural authorities in the North West and South East. The RTPI is encouraging all local authorities to take part until mid-January. If you work in a local authority and would like to take part, please contact Harry.Burchill@rtpi.org.uk.

More information about the research: bit.ly/planner0118-delivery

TAKE ADVANTAGE OF GREAT OFFERS WITH RTPI PLUS RTPI Plus makes RTPI membership more rewarding. Its money-saving discounts support you personally and professionally, and can help you save a large proportion of your subscription. There is no sign-up process or any extra charge to access it – you are automatically eligible by virtue of your class of membership. RTPI Plus is open to the following classes of membership: Chartered Member, Fellow, Legal Member, Legal Associate, or a retired member in one of these classes. Visit RTPI Plus to make great savings across lifestyle, travel, business or finance. Start the year with a 5 per cent discount on your travel dreams* or discounted gym membership at more than 3,000 gyms*.

Access RTPI Plus via ‘My RTPI’ at rtpi.org.uk. *Terms and conditions apply to all benefits. Offers and prices subject to change without notice

INDEPENDENT CONSULTANTS NETWORK INAUGURAL CONFERENCE DEIRDRE WELLS DIP TP MRTPI, CHAIR OF ICN STEERING GROUP This RTPI Network has been active for 15 years, but has mainly carried on its activities as a virtual group, corresponding daily over a muchvalued RTPI email system.

A steering group, formed in 2016, decided to bring members together for a conference themed on ‘Independent Consultants as Innovators’, with speakers encouraged to stimulate the type of thinking we rarely have time to undertake in our workplace isolation.

Friendship and future joint working was aided by a lively pre-conference evening reception, where we finally got to put names to faces in an informal setting.

Lady Margaret Hall, Oxford, proved an exceptionally good venue for our inaugural event.

Trudi Elliott CBE MRTPI opened with a presentation setting out the wide range of research resources available, and confirming that the Institute would value input from ICN members. Andrew Seaman from PINS faced an audience not backward in expressing concerns about shortcomings in the appeals system, but welcomed constructive criticism.

To many, the highlight of the day was the provocative and beautifully delivered lecture of Anthony Crean QC. Largely setting aside the hurdles of planning policies but with reference to legal precedents, he explained a barrister’s approach to getting development permitted, using the ancient Chinese military treatise The Art of War by Sun Tzu as his core document.

Provocative thinking continued with workshop sessions. Delegates considered the opportunities for delivering sustainable development, with effective lower cost infrastructure, in a ‘Smart Green Belt’ world, where development restrictions would be focused on genuinely valuable land. Changing public and political opinion was rapidly identified as the big hurdle.

Neighbourhood planning experience was shared and focal points for success identified – in particular the need for advisers to manage community expectations from the outset, and to guarantee tight project management.

The hot topic of housing land supply drew a vocal audience, with the overall conclusion that standardising calculations on objectively assessed need would not, of itself, remove uncertainty and dispute. Andrew Whittaker of the HBF said there had been little genuine planning policy innovation from government since the NPPF ‘presumption in favour’ arrived as a breath of fresh air, although at last the urgency of increasing housing delivery had caught the attention of all ministers. He identified the over-concentration by LPAs on a few large sites as part of the problem of delivery, then reflected on the success of S106s over CIL. Delegates departed with enthusiasm for planning re-energised, knowledge extended, friendships built and future participation in the network guaranteed.

J ANU AR Y 2 0 18 / THE PLA NNER

46-49_RTPI News__The Planner 49

49

19/12/2017 13:03

50_Plan B__The Planner 50

19/12/2017 16:47

LANDSCAPE

THE MONTH IN PLANNING The best and most interesting reads, websites, films and events that we’ve encountered this month WHAT WE'RE READING...

WHAT WE'RE BROWSING...

A Residential Guide for Greater London Architects ColladoCollins have produced an accessible and comprehensive assessment of what’s required to design homes for the capital.

It sets out the required standards, codes and regulations - but looks too at the economic and social challenges that can be addressed at design stage.

WHAT WE'RE WATCHING...

London: We live by the river BBC iPlayer First broadcast in 1955, We Live by the River follows two boys from their East End home to London landmarks. A fascinating tour of postwar London. bit.ly/planner0118-river

Sustainability score draw A free ‘scorecard’ tool to assess the sustainability of developments has been launched by the Sustainable Development Commission and Iceni Projects. It guides planners and developers towards schemes that score highly in social, environmental and economic sustainability. bit.ly/planner0118-scorecard

WHERE WE'RE GOING...

The launch of RTPI Training January sees the launch of RTPI Training, the institute’s new programme of highly specialised CPD-related masterclasses and briefings at locations around the UK. It’s kicking off with a one-day course on Environmental Impact Assessments in Belfast. bit.ly/planner0118-belfast Download the full programme: bit.ly/planner0118-training

Inside The Engine Shed 1 February 2018, Stirling This event will give you the chance to participate in an out-of-hours tour of The Engine Shed, to see first-hand the work undertaken by Historic Environment Scotland to transform and restore this former military depot, built in the early 1900s, into Scotland’s first dedicated building conservation centre. bit.ly/planner0118-engineshed

Sustainable design in planning: The Natural Capital Planning Tool 5 Feb 2018, London A timely event ahead of the Natural Capital Investment Conference in London on 1 March, this free RTPI workshop will introduce the concept of natural capital and look at the forthcoming Natural Capital Planning Tool and how it can be used by planners to incorporate natural capital considerations into plans. bit.ly/planner0118-capital

WHAT WE'RE PLANNING...

Comin Coming issues of The Planner will be taking a look at human evolution and cities, natural capital investment and planning, and capita planning in Ireland and London – as well as plann news, comment and analysis. If our regular re you’ve got something to say, drop us a line at editorial@theplanner.co.uk editor

J ANU AR Y 2 0 18 / THE PLA NNER

51_Month in Plan__The Planner 51

51

19/12/2017 17:06

Boost your career High quality expert training across the UK @RTPIPlanners RoyalTownPlanningInstitute Royal Town Planning Institute @RTPIPlanners

p52_PLN.JAN18.indd 2

Book today rtpi.org.uk/training +44(0)20 929 8400 training@rtpi.org.uk

14/12/2017 09:57