The Planner - May 2021 by The Planner

MAY 2021 GENDER, SAFETY AND URBAN DESIGN // p.4 • ORGANISATIONS UNITE AGAINST NEW PDR RULES // p.8 • PLANNING’S COMPLEX RELATIONSHIP WITH GYPSIES & TRAVELLERS // p.28 • PLANNER LIVE NORTH // p.34 • RIGHTS TO LIGHT: SOLAR PANELS // p.42

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Powering up the North through planning 12 May 2021, online

The planning agenda in the North is more relevant now than ever, and we’re taking to the virtual stage on 12 May to talk about it! Powering up the North through planning is a 1-day online event shining a spotlight on the uncapped potential of this globally competitive area of England. So how can planners help?

View the programme and book:

From wherever you are located, join us and bring your ideas to the virtual conference table.

rtpi.org.uk/plannerlivenorth

• Political address and keynote

• Networking

• Plenary and focus sessions

• Expo

Tickets: • Members: £75 • Non-members: £85

OFFER

Thank you to our sponsors:

We are offering 50 tickets at 50% off the original price. Use code PLN50

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Royal Town Planning Institute

#PlannerLiveNorth

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CONTENTS

MAY

04 NEWS 4 Close the gap: gender, safety and urban design 8 Prime minister pressed to reverse latest PDRs 9 Scottish Government policy should feature 20-minute neighbourhoods 10 Report highlights benefits of an economic corridor linking Belfast to Dublin 11 Newsmakers: 10 top stories from The Planner online

OPINION

14 Louise BrookeSmith: It’s grim up North – or so they say 16 Angus Kerr: Redesigning planning in Northern Ireland will be tough, but it’s essential to growth 16 Daniel GenderSherry: Homes in the countryside: where to start? 17 Sarah Young: How can the green belt work harder? 17 Eileen Conn: London needs a Mayoral Statement of Community Involvement

20 21

“WE’RE BUILDING A HUGE MEGA PROJECT, IT’S AN IMPORTANT PIECE OF PUBLIC TRANSPORT INFRASTRUCTURE THAT WILL BE SERVING THE COUNTRY FOR THE NEXT 120 YEARS”

FEATURES

INSIGHT

18 HS2’s head of planning, Paul Gilfedder, tells Huw Morris about working on the UK’s biggest transport and regeneration project

38 Cases & decisions: Development decisions, round-up and analysis

24 Visual Case Study: Minimising the environmental impact of HS2 in the Colne Valley 28 Matt Moody considers planning’s obligations to nomadic communities 34 Previewing Planner Live North, the RTPI’s oneday virtual conference 37 Considering the future of planning notices in the tech-savvy 21st century

QUOTE UNQUOTE

“WE DON’T HAVE THE SAME VISION FOR HOUSING THAT YOU COULD ALL INSTANTLY NAME FOR HEALTH. WE NEED TO KNOW WHERE WE’RE GOING.” ARCHBISHOP OF CANTERBURY JUSTIN WELBY, SPEAKING ABOUT THE CHURCH OF ENGLAND’S COMING HOME REPORT, SAYS HEALTH, HOUSING AND EDUCATION ARE THE THREE THINGS GOVERNMENT INTERCEDES IN WHENEVER THERE’S A FUNDAMENTAL SHIFT IN SOCIETY AND WE’RE LIVING THROUGH SUCH A SHIFT NOW

42 Legal Landscape: Opinions from the legal side of planning

44 RTPI round-up: News and interviews from the institute 50 What to read, what to watch and how to keep in touch

Make the most of The Planner – mouse over our links for more information

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NEWS

Report { PLANNING AND URBAN SAFETY

Close the gap: Gender, safety and urban design By Laura Edgar Feeling safe as we navigate the built environment is important. Sadly, however, many groups, including women, do not. On 3 March, Sarah Everard was reported missing after walking home from a friend’s house in Clapham, South London. Her body was found a week later in Kent. Women began sharing what they do to make sure they safely navigate the built environment to get from one place to the next. Urban areas and the built environment as a whole have predominantly been designed by men, and public transport favours the 9-5 journey over those travelling with children or with other care responsibilities, for example. Accordingly, women and carers adapt their behaviour when a change in men’s behaviour is most needed. But how can planning make cities and urban spaces safer and inclusive no matter what your sex, gender, ethnicity or physical and mental health? Creating space for discussion On International Women’s Day (8 March), the RTPI published Women and Planning: Creating Gendersensitive Urban Environments Post-Covid-19, which calls for the implementation of urban planning policies sensitive to gender-specific needs into all policy, legislative and decision-making practices. ‘Gender mainstreaming’, it finds, has been held back by factors including the inadequacies of education and planning systems, resulting in inequalities going largely undiscussed and hidden from view. Respondents to a study conducted as part of the research said that planners

Planning must “better represent the diversity of society”

so that it secures more diverse views. face a number of challenges in trying The profession too, she added, must to build female-friendly environments, “better represent the diversity of including “a prevailing mindset that society – especially at senior levels”. gender inequality is no longer an issue”. She explains: “Decisions taken Natalya Palit MRTPI, area plans within an echo chamber tend to reflect manager at Enfield Council, outlined the views of those within that echo another issue. Referencing her research chamber. In planning, decision-makers in Vienna, conducted using her 2018/19 are primarily male and white. When RTPI George Pepler Award-winner’s we consult with local communities the grant, she noted that Vienna was able respondent profile rarely reflects that to conduct “meaningful” work on of the local community.” Yet “everyone gender sensitive planning helped by a uses spaces differently, and this “well-resourced public sector”, coupled changes throughout with political support. our lives”. “Notoriously under“THE resourced” planning DISPROPORTIONATE The policy departments in the IMPACT THAT THE opportunity UK leave “little extra PANDEMIC AND Planning policy can time to focus on those LOCKDOWN HAS provide the hook for issues that reach beyond HAD ON DIFFERENT gender mainstreaming the most pressing and GROUPS – INCLUDING to be considered, says statutory requirements”. WOMEN – NEEDS TO BE Nicola Woodward, Sue Manns FRTPI, RECOGNISED” – senior director and FRSA, director at Sue JENNY DIVINE head of Lichfields’ Manns Associates and Edinburgh office. But past RTPI president, beyond public spaces, says the challenge for natural surveillance planners is to improve and safe walking community engagement

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13/04/2021 09:07

PLAN UPFRONT

routes planners must, for example, look to affordable housing. “This, for many, is a numbers game and does not consider the places such housing is located. Yes, it is in a nice new housing area but if you are, say, a single mum with no car and a couple of children, will it meet your needs? Is it close to support networks that can provide you with free childcare, can you get easy access to a large supermarket where you can benefit from multibuy deals on essentials such as nappies?” Woodward questions whether it is always right to provide affordable housing on site – could local authorities instead use an affordable housing contribution to build homes in locations that better suit the needs of future tenants? Paragraph 108 of the National Planning Policy Framework (NPPF) outlines that safe and suitable access should be provided for “all users” but Duncan Findlay, associate for i-Transport LLP, contends that there is “significant variation when implemented in practice, with gender I M A G E S | G E T T Y / A L A M Y / PA

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considerations (along information “WHEN WE CONSULT WITH available with other matters) about specific issues LOCAL COMMUNITIES not always facilitated faced by women”, THE RESPONDENT when planning the explains Findlay. PROFILE RARELY urban environment” There have been REFLECTS THAT OF THE – the result of changes in transport LOCAL COMMUNITY” – using historic planning and design SUE MANNS practices/guidance guidance, as well as an based on non-sex increasing number of disaggregated data, or women in the profession, new developments Findlay points out, which only being required to is delivering opportunities mitigate their impact for change “by identifying “and not to resolve and removing gaps in the existing issues”. data regarding female use of space”. Broad policy wording therefore “assumes matters like gender Future high streets consideration will be addressed Does the government’s aim to revitalise through the planning process, but high streets and “level-up” towns and the reality is that these things are cities provide an opportunity also to sometimes missed due to lack of level up gender equality?

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NEWS

Report { The hyper-local ‘15 minute city’ concept could be positive for equality

Her City On International Women’s Day, independent Swedish think tank Global Utmaning, together with UN-Habitat, launched the Her City Toolbox, an open-source digital platform that guides urban actors and decision-makers to strengthen girls' participation in urban planning and design processes. Developed with experts and stakeholders in urban development, it pulls together global best practices in participatory urban planning and design and features collaboration platforms for urban actors that focus on development from the point of view of girls and young women, and their needs. Nine building blocks act as a digital guideline on how to co-plan cities from a girl’s perspective. The block guides the user

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through assessment, design and implementation phases. Her City aims to provide local municipal leaders, actors and decision-makers with a “solid toolbox” for youth and gender sensitive urban planning and design. In the long term, the aim is to achieve “institutional change at a system level supporting the delivery of the Sustainable Development Goals (SDGs) and the 2030 Agenda as a whole”. “We believe that sharing knowledge and showcasing success stories is a most eﬃcient tool to re-engage, rethink and reactivate gender equality in the decade of action. Guiding cities to make a diﬀerence on the ground is part of our mandate. This is why we have initiated Her City,” said UN-Habitat executive director Maimunah Mohd Sharif.

RTPI policy and networks adviser Jenny Divine believes that the “disproportionate impact that the pandemic and lockdown has had on different groups – including women – needs to be recognised”. Funding criteria should require applicants to demonstrate how a project will “benefit women (and girls) and men (and boys) equally throughout its life cycle – from inception to completion and beyond”, explains Divine. “Clear guidance should be set out to ensure projects address this criterion in a meaningful and robust way.” Opportunities brought about by the pandemic must be harnessed, insists Palit – particularly the increasingly cited concept of the ‘15-minute city’. A shift to a more hyper-local type of place and planning will be positive for equality, she contends, as well as for general wellbeing. “Primary carers of children often have more complex travel patterns, and so a move towards more facilities being I M AG E | H E R C I T Y

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PLAN UPFRONT

Agnello, “planners need to continue closer to home will hopefully help to ensure they seek out a diversity of reduce this burden by reducing time voices, including people with diverse spent travelling.” gender identities, racial and cultural Findlay is convinced that levelling backgrounds, socio-economic status, up gender equality means “good and ability, and age”. inclusive design of the wider urban Manns agrees that the levelling-up environment rather than through agenda must be linked to action on policies and plans”. diversity and inclusivity. What is good “Overly detailed policy wording can for women is “often good for others”, lead to prescriptive situations which but, she explains, women’s lives differ. cannot be applied flexibly and can “Simply having a ‘female’ view will not limit further discussions. What is reflect gender diversity.” vital is to champion inclusive design “I recently listened to a female guidance, based on information councillor sharing her view on the that takes into account the specific ‘need’ for a development which would requirements of women and other have included provision of public groups that have been overlooked.” toilets – it could not have been more Wendy Davis, founding director different to my own. We need to of not-for-profit social enterprise mainstream diversity.” Rooms of Our Own and a trained Although the planning white paper architect, concurs. Despite having does not appear “no confidence” in the specifically to government’s levellingaddress equality, it up agenda, she believes “WHAT IS VITAL IS TO does acknowledge that built environment CHAMPION INCLUSIVE the Public Sector professionals “could adopt DESIGN GUIDANCE, guidelines and practices BASED ON INFORMATION Equality Duty (PSED), which that would assist”. THAT TAKES INTO Davis echoes Mann’s ACCOUNT THE SPECIFIC local authorities in England, as thoughts on increasing REQUIREMENTS OF well as Wales and female representation at all WOMEN AND OTHER Scotland, are bound levels, but cautioned that GROUPS THAT HAVE by. Acknowledging ”being a woman does not BEEN OVERLOOKED” – responsibility is a guarantee implementation DUNCAN FINDLAY first step, of women-friendly says Divine. policies”. Improved training The forthcoming on the needs of different planning bill groups is required, she says. “needs to rigorously Improved public toilets respond to the open 24 hours a day would PSED, acknowledge current failings, be “a major benefit” for women, says and set out a clear strategy to ensure Davis, and a “huge improvement” on local authorities have the relevant tools community toilet schemes which are and resources to properly satisfy the “completely inadequate”. PSED when carrying out their planning She added that eyes on the street, functions and responsibilities”. from people shopping, at home and travelling, can make women feel safer Beyond initial interpretations as they provide some reassurance that Women and Planning… identiﬁes people are watching and perpetrators education as being key to encouraging may therefore desist. a shift in attitudes and exposing the Similarly, Kristin Agnello, RPP, gender gap that exists in the built MCIP, director, Plassurban, noted that environment profession. although women are more likely to Although it is “heartening” to see experience fear and intimidation in the gender increasingly on the agenda at built environment, they are also more planning schools, says Palit, often there likely to be accompanied by children, is only one lecture delivered as part of a elderly people or others in their care. module dedicated to it. In engaging with communities, says

Read more The gender agenda: How planning with women in mind can improve our towns cities Sue Manns's video recommendation: Her City Women and Planning (Part II): Creating Gender-Sensitive Urban Environments Post-Covid-19

For Karen Horwood AssocRTPI, a senior lecturer at the School Of Built Environment, Engineering and Computing at Leeds Beckett University, gender mainstreaming must be a part of planning education. She highlights that learning outcomes for RTPIaccredited courses do reference equalities but that “this can be open to interpretation”; engagement will “vary” from university to university. Horwood explains that the relationship between planning academia and practice is complex: “students and employers expect to learn the skills needed to work as a planner”. Discussion of gender mainstreaming should be included to increase awareness and open discussion so it becomes part of a planners’ skill set. “In my experience as an academic who does teach gender mainstreaming, it is not something they have usually come across before, but provokes engaged and fruitful discussions. Planning students working in practice are able to make the connections to their workplace and consider how they can bring this learning to the work.” She cautions, however, that without a policy framework that emphasises gender mainstreaming, “changes to practice through education can only go so far”.

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NEWS

News { Prime minister pressed to reverse new PDRs Built environment professionals have urged Prime Minister Boris Johnson to reverse controversial new regulations that will see commercial buildings converted into homes without going through the full planning process. Conﬁrmed on 31 March, the legislation introduces a permitted development right (PDR) that allows the change of use from commercial, business and service uses (class E) to residential use (C3) in England. The government said the PDRs would “help support the creation of much-needed homes while also giving high streets a new lease of life – removing eyesores, transforming unused buildings and making the most of brownﬁeld land”. A Ministry of Housing, Communities and Local Government spokesperson told The Planner that the law “comes into force on 21 April. The permitted development rights in relation to schools, hools, hospitals and prisons, and to ports and to statues will ll all apply from that date”. Applications may nott be made under the commercial, ercial, business and service to residential PDR until 1 August. In a joint letter the RTPI, the Royal Institute of British Architects, the Chartered ed Institute of Builders, and nd the Royal Institution of Chartered Surveyors exhort xhort Johnson to “urgently reconsider the measures”. es”.

The organisations say: ”Without the usual checks and balances through the normal planning process and without the facility for local communities to comment on proposals, this risks creating poor-quality housing.” They believe the new PDRs will not help to meet housing demand, but rather “pull the rug out from under high street businesses that you have supported throughout unprecedented circumstances”. Other groups critical of the PDRs include Civic Voice and the Construction Industry Council. In their letter, the bodies highlight their eﬀorts to engage with the government on safeguards that could “at least minimise the harm”. “No basic impact assessment of how this might harm our communities appears to have been done. Additionally, the government has ignored the responses to its own consultation to rush this substantial change to our high streets during the parliamentary recess. “This is not only a failure to ‘level up’ but a threat to our communities.” Read the full stories here: bit.ly/planner0521y p J JohnsonPDRs bit.ly/ y p planner0521PDRs

Mallon: Belfast highways plan needs ‘future-prooﬁng’ Northern Ireland’s infrastructure minister Nichola Mallon has ordered more work to be done on a Belfast highways scheme at Northern Ireland’s busiest junction to “future-proof” it. Consultants have been given until this autumn to review and report on the York Street Interchange proposals on the northern edge of the city centre. The scheme has been developed to address a major bottleneck on the strategic road network, replacing the existing signalised junctions at York Street with direct links between Westlink, the M2 and M3 – the three busiest roads in Northern Ireland. In the pipeline for years, the interchange was the subject of an independent review commissioned by Mallon last summer and conducted in November. It recommended that the project brief should be revised to make sure that it aligns with the idea of “placemaking” and new best practice in terms of urban transport design, and with the minister’s agenda. It also said the wider area impact and beneﬁts p of the project should be evaluated and the current project costs updated to inform any decision of future alternative development. Mallon said she accepted the six recommendations. “As a result, before I make mak a decision on the next steps for the scheme, schem I have asked consultants to carry out some further work particularly on placemaking and to maximise ambition in terms of what wha can be delivered for communities, connectivity, and the wider living places agenda. “It will also take into account the further development of Belfast as a we reimagine how the city will look and feel in the future.”

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PLAN UPFRONT

Skates backs pioneering regional economic frameworks Welsh minister for economy and transport Ken Skates has spelled out the importance of regional economic frameworks (REFs) as Wales moves towards its first regional planning regime. This clarification came in a written cabinet statement. Skates stressed that: “Delivery will be focused around a single shared vision for each region and supported by a suite of shared regional priorities. “Underpinning this will be the principle that regions are not subordinate to the national level in respect of their own priorities agreed under shared principles, and we must make paramount the importance to respect subsidiarity and democratic accountability at diﬀerent national, regional and local levels.” He said the frameworks would “enable greater

alignment and integration across government, bringing beneﬁts including joined-up economic development and strategic planning on a range of issues from land use to skills as well as supporting cross border collaboration – working with the new and existing governance structures across local authority boundaries on issues such as regeneration, strategic transport and infrastructure, for example.” REFs would be founded on the principle that “places matter and will seek to make real our ambition of delivering better jobs closer to home and raising prosperity for all,” he added. Read the full story here: bit.ly/planner0521-REFs

Scottish Government policy should feature 20-minute neighbourhoods RTPI Scotland has called on the Scottish Government to review planning policy and practice to ensure that the concept of a 20-minute neighbourhood is embedded within it. 20 Minute Neighbourhoods: Implementing 20 Minute Neighbourhoods in Planning Policy and Practice ﬁnds that planning reform in Scotland, such as the implementation of the Planning (Scotland) Act, provides an “excellent opportunity” to achieve this aim through the updating of a range of planning policies, as well as through development management and service delivery. The institute wants to see policymakers set out a common understanding of the key components involved in creating a 20-minute neighbourhood within the forthcoming National Planning Framework 4 (NPF4). This detail, it suggests, should also be outlined in the

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revised Designing Streets and Creating Places national policies. The RTPI’s report suggests that metrics associated with the delivery of 20-minute neighbourhoods could be incorporated into a new outcomesfocused performance framework, “with a role for the new Improvement Coordinator role, provisions for which are set out in the Planning (Scotland) Act 2019 – to set out how to measure progress on new policy initiatives. “An existing means of assessing the outcome of the planning process in terms of design and place quality are Design Quality Audits,” the report suggests. These could be amended to include placemaking considerations associated with 20-minute neighbourhoods, with applicants “encouraged to use the Quality Audit as a basis for their design statements.” Read the full story here: bit.ly/planner0521-20minutes

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NEWS

News { Report highlights benefits of an economic corridor linking Belfast to Dublin A report highlighting the benefits of a cross-border north-south Dublin-Belfast economic corridor and its role in helping the region’s recovery post-Covid-19 and post-Brexit has been published. It was commissioned by the eight councils along the corridor to Ulster University and Dublin City University. Authors Professor Deiric Ó Broin and Dr Eoin Magennis underline that the total population along the corridor of two million was the fastestgrowing populace on the island and it is expected to grow to 2.5 million by 2040. They report how employment along the corridor is above the island average while economic inactivity is lower, and that 34 per cent of the two million citizens have third-level qualifications – higher than elsewhere in Ireland.

Along the corridor there are 125,000 entrepreneurial firms with survival rates higher than elsewhere on the island of Ireland (although less so in Northern Ireland) and more people work in mid-sized and large firms than elsewhere on the island. They also note the influence of foreign direct investment, the development of sectors such as agri-food, financial services, and high-tech manufacturing and of the tourism potential post-Covid. Local authorities in the initiative are: Armagh City, Banbridge and Craigavon Borough Council; Belfast City Council; Dublin City Council; Fingal County Council; Lisburn and Castlereagh City Council; Louth County Council; Meath County Council; and Newry, Mourne and Down District Council. Read bit.ly/planner0521-BelfastDublin

Q3 increase in Northern Irish applications submitted

3,602

10.4%

2,992

the number of planning applications submitted to local authorities in Northern Ireland during the third quarter of 2020/2021.

the increase from Q2 to Q3. The 3,602 applications break down into 3,574 local and 28 major applications.

the number of applications that local authorities decided, 2% less compared with the same period a year earlier.

Source: Department for Infrastructure

11% increase in applications submitted for planning in Q3

111,700 – the number of applications submitted for planning permission between October and December 2020 (Q3) to district councils in England.

11% – the increase in Q3 2020 compared with Q3 2019.

86,000 – decisions granted, 3% more than between October and December in 2019.

Of the decisions granted, 10,100 were residential applications. This is 9% fewer than the same period a year earlier. It breaks down to 8,800 minor and 1,300 major developments. Source: Ministry of Housing, Communities and Local Government

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CATCH UP WITH THE PLANNER

Newsmakers N 800-home scheme proposed for Inverness

Aberdeenshire-based housing developer Kirkwood Homes Ltd has submitted a proposal of application notice to the Highland Council for a residential-led mixed-use development in Inverness, consisting of 800 homes. bit.ly/planner0521-Kirkwood

Proposals for a “world-class” £150 million rail testing facility on a former m opencast mining site at the head of the t Dulais and Tawe Valleys has been submitted and the Welsh Government su has ha announced £50 million in funding to support the project. bit.ly/planner0521-railtesting

Province’s ﬁrst climate legislation tabled Northern Ireland’s initial legislation on climate change has been tabled in the Northern Ireland Assembly. The bill, drafted by academics and environmentalists, proposes a net-zero target of 2045. It also suggests measures to address water quality and biodiversity loss. bit.ly/planner0521-NIclimate

3 4 5

The Scottish Government has chosen RTPI Scotland for an early delivery partnership in its digital transformation programme. RTPI Scotland says its work on the programme will see it explore the “digital readiness” of planners working for the government, planning authorities, and planning consultancies. bit.ly/planner0521-digitalplanning

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

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The government must as a priority improve the housing and care options for older people, says a cross-party group of MPs and leaders from academia, ﬁnance, local politics and housing. bit.ly/planner0521-housingoptions

Covid-19: Virtual planning committee meetings to end The government has conﬁrmed that temporary guidance introduced last year that enabled local authorities in England to host virtual planning committee meetings will end on 6 May. bit.ly/planner0521-meetings

6 7 Government outlines ‘low-carbon’ sector deal for oil and gas industry

Scottish Government partners with RTPI on digital planning

New statutory requirements relating to land for housing, which will form part of National Planning Framework 4 and, separately, the introduction of place plans in the new-look planning system, are highlighted in an update from Scottish planning minister Kevin Stewart and chief planner John McNairney. bit.ly/planner0521-update

Southend-on-Sea -on-Sea Borough Council’s development ent control committee has granted planning anning permissions for the Better Queensway eensway regeneration project, prroject, which includes more than 1,700 new homes. bit.ly/planner0521-Southend

MPs join calls for action to address older people’s housing and care

Welsh rail testing facility progresses

Scotland’s chief planner highlights local place plans

ation plans approved Regeneration end in Southend

The UK Government has set out a “landmark” North Sea Transition Deal with the oil and gas industry as it seeks to make sure that “high-skilled oil and gas workers and the supply chain will not be left behind in the transition to a low-carbon future”. bit.ly/planner0521-NorthSea

Aspirational rural blueprint for Ireland published

110

The Irish Government has launched an ambitious blueprint to transform rural Ireland with a major focus on attracting remote workers to rural communities, revitalising town centres and villages, developing adventure tourism and boosting the green economy. bit.ly/planner0521-rural

MAY 2 0 21 / THE PLA NNER

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08/04/2021 11:38

LEADER COMMENT

Event Consulting communities will always be crucial One key aspect of the pandemic has been a greater collective appreciation and understanding of community in its widest sense. The initial focus on support for those most aﬀected by Covid-19 subsequently morphed into heightened awareness of the need to consult with communities throughout the pandemic and to consider what needs to be done to help them in the future. Coupled to this we increasingly see major news stories acting as catalysts for lengthier conversations within and beyond communities of the themes they espouse. These days, whether for good or bad, social media serves to keep certain stories going for longer, deepening discussions that may previously have petered out or been quickly superseded. We’re also seeing multiple communities joining

Martin Read together for greater impact in response to the obviously unjust, one of many recent examples being the gender gap in urban design that has been brought to the fore following the death of Sarah Everard (see our news report, p.6) The topic is not by any means a new one – but the number of people debating it has increased signiﬁcantly. With all this in mind, it’s interesting to consider the response to the government’s latest permitted development

rights. Many believe these latest PDRs will alienate communities aﬀected by the inappropriate developments they allow, with communities of built environment professionals coming together to make just that case. A letter written to the Prime Minister in March, opposing the latest PDRs, is impressive for the heft of the organisations signing it. As well as RTPI CEO Victoria Hills, leaders of the Royal Institute of British Architects, Royal Institution of Chartered Surveyors and Chartered Institute of Building put their name to a document calling for an urgent reconsideration by government of the measures. The argument is clear – that the absence of the usual checks and balances through

“THE VERY ESSENCE OF PLANNING IS WHAT IS AT RISK"

the normal planning process, and thus the lack of facility for local communities to have their say on the proposals, “risks creating poor-quality housing”. The very essence of planning, its checks and balances and engagement with communities, is what is at risk - let alone the potential poor-quality housing at the end of the process. Community engagement should always be at the heart of planning, and it’s surely right for built environment professions to unite over the issue. As ever, look out for the links to additional or video content placed on our pages.

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13/04/2021 11:54

LO U I S E B R O O K E S M I T H O B E

O Opinion

It’s grim up North – or so they say Northern lass Louise Brooke-Smith offers a view from the motherland... Whether the phrase resonates with you through your respect for J B Priestley or because you are a Pete Wylie aficionado or, heaven forbid, a soft Southerner, the response is… of course it isn’t. It’s fabulous. Friendly folk, no one locks their doors, long, majestic views across the reclaimed coalfields, motherhood and apple pie. The increasing enthusiasm and recognition of life beyond Watford Gap is most welcome. We are not cave-dwellers: we also have telephones and the internet, and the railway has reached all the way up both east and west coasts. Facetious, perhaps, but sometimes it is galling to listen to people’s perception of life beyond the Midlands. There are parts of the North that are less desirable than others. But this is no different from comparing parts of the South, West or East. There are swathes of poor housing around tired and congested city centres, poorly served by frustrating infrastructure. Few people are lured onto the railways when they are faced with a train consisting of three bus chassis set on iron wheels that you could overtake with a gammy leg. The Beeching Cuts were felt heavily across the North. While, slowly, policies and attitudes have changed and funds have become available to upgrade the track and rolling stock, with much of the current hype it is hard to accept that the national

‘glory projects’ aren’t taking precedence over the local commute around Leeds, Manchester or Newcastle. Everyone knows it could be so much better and change should happen so much faster. So, with strong leadership and a government only too careful to keep to its promises, levelling up between the North and South is now a tangible thing. This year’s Budget made strong reference to it and with the delayed mayoral and local elections upon us, there is increasing pressure to ensure that those communities who for years felt they had been left behind now feel a little bit more loved. The Institute of Fiscal Studies is just one body that acknowledges that the UK has severe regional disparities. Some of those diﬀerences can be addressed by recalculating

“THE BEECHING CUTS WERE FELT HEAVILY ACROSS THE NORTH” housing costs, but they could be levelled out even more effectively by addressing employment rates, pay, health and formal education. Productivity and the value created per hour worked in parts of the North is shockingly low. Some of this reflects the huge amounts spent on research and development in south-east England and the comparatively poor rates elsewhere. Whatever the cause, the levelling-up approach is a high priority and some speedy wins are needed to restore confidence. Whether that is through

investment in Northern town centres and coastal areas that have lost their charm, or by reskilling the workforce, Boris is keen to ensure that the red wall of 2019 doesn’t return to haunt him. The Brexit deal-breaker over fishing rights was vital to some but let’s be blunt: it isn’t now seen as crucial to the North regaining its former glory. It’s a different kind of port that will win hearts and minds. Freeports, investment zones, attractive taxation systems and an economy that can maintain and grow investment once it is landed, is more crucial than ever. And, as TV’s Phil and Kirstie would say, the success of freeports will come down to location, location, location. With the best will in the world, encouragement for new investment, the tarting up of high streets, the provision of good-quality affordable housing and the positioning and nature of the long-awaited effective infrastructure needs to bring the North into the 21st century quickly, let alone make it viable for the 22nd.

Dr Louise Brooke-Smith is a development and strategic planning consultant and a built environment non-executive director

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13/04/2021 09:03

Quote unquote FROM THE RTPI AND THE WEB

“The scandal of well-capitalised businesses who can pay rent, but have chosen not to, cannot continue. Their behaviour… has been a heavy blow for already stretched local authority landlords and public ﬁnances.” MELANIE LEECH, CHIEF EXECUTIVE, BRITISH PROPERTY FEDERATION, COMMENTS ON THE GOVERNMENT’S DECISION TO EXTEND THE COMMERCIAL PROPERTY MORATORIUM UNTIL JUNE

“Short-term reactive pots off o funding need to y be replaced by ng long-term funding through multi-ts year settlements to give councilss the certainty they need to plan services” LOCAL GOVERNMENT ASSOCIATION HOUSING SPOKESPERSON DAVID RENARD WANTS TO BUILD ON INITIATIVES DURING THE PANDEMIC TO HOUSE PEOPLE SLEEPING ROUGH

“I fear these new regulations will be a gift for unscrupulous landlords and developers who will be falling over themselves to make a quick buck on residential conversions”

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

VICTORIA HILLS, RTPI CEO, ON THE LATEST PERMITTED DEVELOPMENT RIGHTS

“It has exposed the outrageous hypocrisy inherent in the UK Government’s approach to the climate emergency, which is a mix of denial and delusion”

“With more of us renting for longer, they want a property that is better suited to the modern-day world.”

FRIENDS OF THE EARTH SCOTLAND’S JUST TRANSITION CAMPAIGNER RYAN MORRISON ON THE GOVERNMENT’S NORTH SEA TRANSITION DEAL

ASCEND PROPERTIES MD GED MCPARTLIN ON HIS FIRM’S FINDINGS THAT 81 PER CENT OF RENTERS WANT MORE SPACE, GREENERY, PRIVACY, PARKING AND NATURAL LIGHT

“We don’t have the same vision for housing that you could all instantly name for health. We need to know where we’re going.” ARCHBISHOP OF CANTERBURY JUSTIN WELBY, SPEAKING ABOUT THE CHURCH OF ENGLAND’S COMING HOME REPORT, SAYS HEALTH, HOUSING AND EDUCATION ARE THE THREE THINGS GOVERNMENT INTERCEDES IN WHENEVER THERE’S A FUNDAMENTAL SHIFT IN SOCIETY AND WE’RE LIVING THROUGH SUCH A SHIFT RIGHT NOW

“Building miles of concrete through the Oxfordshire countryside to support carbonemitting vehicles is just not compatible with a carbon-negative future” BIDWELLS’ ROB HOPWOOD WELCOMES THE GOVERNMENT’S DECISION TO CANCEL THE OXFORD TO CAMBRIDGE EXPRESSWAY, AND INSTEAD LOOKS FORWARD TO THE VARSITY RAIL LINE TAKING THE STRAIN

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13/04/2021 09:04

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

O Opinion

Angus Kerr is chief planner for Northern Ireland and Ed Baker is planning manager with Belfast City Council

Redesigning planning in Northern Ireland will be tough, but it’s essential to growth

Are planning departments equipped with the knowledge, skills and finance to make the most of new technology? Northern Ireland has put this question front and centre of service improvements, with central and local government combining to address this challenge with a shared regional IT solution. This innovative project will modernise digital infrastructure at a time when the Covid-19 pandemic has accelerated the use of digital submissions at many councils. It was vital to procure a new shared IT system, not least because of the financial benefits, but also for most users, who will have one system with which to familiarise themselves. In June 2020, Northern Ireland’s Department for Infrastructure and 10 councils in the region, including Belfast, awarded a £14 million contract to a consortium of planning services. This combined the expertise of TerraQuest’s knowledge of planning service delivery, DEF Software’s userfriendly planning software solution and Planning Portal’s online planning application submission service. The existing system was approaching the end of its life; it had served the former Department of Environment

well when it was responsible for all planning powers. But with each council wanting to focus on the customer journey and maximise the opportunities from a digital approach, it was time to secure a new system that is modern, effective and better meets customer needs. Northern Ireland handles 12,500 planning applications and administers more than 32,000 regional property certificates annually. The system will put online and paperless submissions at the heart of the business model, which will represent a more efficient and userfriendly system, which is better for the environment as well as creating back-office efficiencies for the department of infrastructure and local councils. It will also help to support flexible working, which has been a challenge during Covid-19. The system is expected to go live early next year and will create a step change in how planning applications are submitted and processed across Northern Ireland. It will provide all parties interested in the planning process with a much easier way to interact with the system and improve access to documents at a time and place convenient to the user.

”IT WAS TIME TO SECURE A NEW SYSTEM THAT IS MODERN, EFFECTIVE AND BETTER MEETING CUSTOMER NEEDS”

2 BLOG

BLOG

Daniel Gender-Sherry is director of Axiom Planning

Homes in the countryside: where to start?

Many people aspire to building their own home in the countryside, and a lucky few get to realise that dream. For any self-builder, national planning policy supports the creation of isolated homes in the countryside providing the design is of exceptional quality. Persuading the local planning authority that your new home is of exceptional quality is challenging. For starters, the paragraph 79 is inconsistently applied across the country. Too many think it’s simply about finding a reputable architect, designing an outstanding house and sticking it anywhere they can buy land. Most plans for ‘para 79’ homes fail owing to a misunderstanding of the fundamentals. Of course, design is critical; after all, it needs to represent the highest standards in architecture. But this is irrelevant if the site is not capable of or suitable for accommodating a dwelling. The countryside is typically beautiful for its intrinsic value and often benefits from the absence of built form. A scheme which needs to be of ‘exceptional quality’ must be sensitive to the defining characteristics of the local area. It must also significantly enhance its immediate setting.

It’s a difficult exam to pass, and rightly so: the countryside is an asset and its management is for the benefit of us all. The countryside would be significantly harmed if substandard homes started popping up in numbers. There is a deliberate reason why national planning policy supports designs of ‘exceptional quality’ in just one instance – paragraph 79. To make the case for living in an isolated countryside location, and introducing built form requires a nuanced understanding of policy. Foremost must come an understanding of the site. It is technically possible to build a house anywhere in the countryside. It’s possible to design one accepted as being ‘beautiful’. But this does not mean that every site is capable of accommodating a new dwelling, no matter how outstanding the design. If a countryside site is beautiful because of absence of built form, it doesn’t matter how good the scheme; built form can rarely enhance a landscape already regarded as beautiful. Every scheme must start with an understanding of policy and landscape. Outstanding architecture comes second.

“THE COUNTRYSIDE WOULD BE SIGNIFICANTLY HARMED IF SUBSTANDARD HOMES STARTED POPPING UP ACROSS THE LANDSCAPE”

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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 BLOG

Sarah Young MRTPI is director of planning at LUC

How can the green belt work harder?

To deliver significant housing numbers, planning authorities are reviewing their green belts. In some cases this is leading to allocations within local plans releasing green belt land for development. Strategic policymaking authorities must, in line with the NPPF, prove “exceptional circumstances” to do so, but they must also set out ways in which the impact of removing land from the green belt can be offset through “compensatory improvements” to the environmental quality and accessibility of remaining green belt land. This could include improvements to biodiversity, woodland planting, enhanced walking and cycle routes, improved playing field provision and/ or landscape enhancements. These enhancements have to be on land that is not proposed for release from the green belt – ie, in addition to the open spaces provided within developments. These could be delivered on areas of land next to development or elsewhere, through contributions to strategic enhancement/green infrastructure initiatives such as community woodland and country parks. Recent experience tells us that local plan inspectors are taking this matter seriously,

4 BLOG

Eileen Conn is a community activist and co-ordinator of Peckham Vision

London needs a Mayoral Statement of Community Involvement

requiring local planning authorities not only to identify what the enhancements will be, but also show that they can be delivered and that the cost of their provision has been factored into the viability of the development allocations. In areas where house prices are low, this makes bringing forward development harder. So local authorities must make sure that the work required to identify enhancements is factored into the plan-making process early. Delivering potential enhancements to the green belt provides an opportunity for it work harder – to be more biodiverse, to allow greater access to the countryside on our doorsteps, to be multifunctional. Maximising beneﬁcial uses of green belt and exploiting their synergies requires considered planning. Considered planning also requires an understanding of how green belt enhancement could contribute to wider strategic objectives. With 13 per cent of England designated green belt, and 30 million people living in the towns and cities it surrounds, it has great potential to contribute to these objectives. Planning authorities need to work with landowners, residents and developers to make green belt release worth the cost, and enhance what remains.

“DELIVERING POTENTIAL ENHANCEMENTS TO THE GREEN BELT PROVIDES AN OPPORTUNITY FOR IT WORK HARDER”

Public trust in developers and local authorities is low and many Londoners see public engagement as something done to them, not with them. Communities are underrepresented and their contribution undervalued in development, despite evidence that local involvement creates more successful places. The community response prompted by the pandemic has shown what can be achieved. The new London Plan requires boroughs and developers to “engage and collaborate with communities… throughout development”, yet the Mayor of London does not set a clear expectation of what this is. A Mayoral Statement of Community Involvement (MSCI), produced with community participation, would enable the next mayor to demonstrate leadership and champion democracy. This would set citywide standards for community engagement and ensure development is founded on local needs and wishes. It must also spell out the mayor’s responsibilities in relation to planning decisions over which she/he has control. But on its own this is not enough. To rebuild trust and bring about positive, sustainable change, we need to understand how places evolve. They grow

over time, along with their inhabitants; they shape each other. The patterns and processes of living become the social infrastructure of the place, as buildings and spaces acquire familiarity. Over generations this accumulates as heritage. In the present these arrangements are experienced as part of a living system, a symbiosis of the people and the physical place. Development changes this delicate living system. For change to be beneﬁcial there must be a thorough understanding of the place before any development is designed and agreed: a placebased audit. In Peckham, I have seen how regeneration projects fail to take account of who and what is already there. By requiring place-based audits, an MSCI can commit to identifying what already exists, and what is needed. The knowledge and experience that local people can bring to this process are essential. The community’s trust can only be achieved by working collaboratively with all stakeholders, to establish an agreed statement of the facts on the ground. Often the missing ingredient in neighbourhood plan-making, local knowledge will provide a sound baseline and a cohort of stakeholders for ongoing engagement.

“BY REQUIRING PLACEBASED AUDITS, AN MSCI CAN ESTABLISH A KNOWLEDGE BASE’

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13/04/2021 09:06

bj ec tio ns

INTERVIEW: PAUL GILFEDDER

AS HS2’S HEAD OF PLANNING, PAUL GILFEDDER JUGGLES A MYRIAD OF CHALLENGES. HE TELLS HUW MORRIS ABOUT WORKING ON THE UK’S BIGGEST TRANSPORT AND REGENERATION PROJECT

aul Gilfedder has a job that will likely see out the rest of his career. The head of town planning at HS2 has already spent nine years on the megaproject connecting London to Birmingham and then the North. He expects to be busy for many more years to come. Major civil engineering works are under way on phase one linking the capital to the West Midlands. Phase 2a, which will connect to the North via Crewe received royal assent in February. Phase 2b is ultimately planned to take high-speed rail to Manchester and Leeds. The scheme is powered by a hybrid bill, a comparatively rare parliamentary procedure. Most government legislation is public bills as they propose laws that aﬀect

everyone equally. Private bills change the law to affect some individuals. Hybrid bills do both. Not many planners have direct experience of the process. Negotiating this labyrinth is just one of the responsibilities for Gilfedder and his project team. “Large infrastructure planning is quite a niche field and major projects authorised by hybrid bills are even more niche,” he says. “HS2 and all its phases need planning permission like any other development but we use a different route to authorise it. Primary consent, rather than coming from a planning application or a development consent order, comes through an act of Parliament. “Hybrid bills give us the powers to build the railway, be it through land acquisitions,

Bridges, tunnels and viaducts

Hybrid bill

LEADER of the TR ACK highways or heritage powers. They are a powerful tool for authorising major works. One of the key things is they grant deemed planning permission for the railway. That’s eﬀectively akin to a very large outline planning permission.”

Planning for a mega-project So what does a head of planning and his team do on such a mega-project? Their role varies over the life of the scheme. A hybrid bill means ﬁrst working closely with government lawyers and civil servants on planning legislation. Then there is preparing the scheme’s environmental statement alongside its equality analysis. A myriad of technical and community issues accompany numerous social,

T H E PL AN N E R \ M A Y 2 0 2 1

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13/04/2021 09:29

INTERVIEW: PAUL GILFEDDER

“IT’S SAFE TO SAY HS2 HAS NOT ALWAYS BEEN A POPULAR, UNIVERSALLY SUPPORTED SCHEME”

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tio ta ns ul Co

economic and health assessments. Elsewhere, the team helps to negotiate with petitioners and objectors. Another facet is working with a panoply of local authorities – around 30 on phase 1 – through a planning forum. This aims to reach a consensus on significant issues affecting the route. “We don’t discuss site-specific matters in those meetings,” Gilfedder says. “It’s all about how we set up the control and approval systems prior to HS2. “Hybrid bills when enacted give us deemed planning permission for the railway but clearly you can’t at the initial stage get all the detailed designs approved.” When a bill receives royal assent, this triggers schedule 17, a mechanism

tip

pr ov

or at io n

Regeneration

for ensuring an appropriate level of local planning control over the phase’s construction works without unduly delaying or adding to its costs. “That’s when our role really kicks in,” he adds. “Schedule 17 requires that we obtain a multitude of approvals from authorities along the line, some familiar to planners, some less so. “Everything we build above ground, we have to get the design approved by the relevant planning authority. That’s the ﬁrst and the biggest set of approvals we need to obtain.” A key example is Old Oak Common, a super-hub station in West London comprising 14 platforms. This will link high-speed services and access to central London and Heathrow via Crossrail as well as trains to the west of England and Wales. The former railway and industrial area will eventually be transformed into a neighbourhood supporting up to 65,000 jobs, 25,500 homes and contributing an estimated £15 billion to the economy in the next three decades.

13/04/2021 09:30

lorry movements a day Its approval by the “EVERYTHING and the routes by which Old Oak and Park Royal WE BUILD ABOVE those vehicles travel to Development Corporation GROUND, WE and from them. was the result of eight HAVE TO GET This also involves years of engagement THE DESIGN agreeing restoration by HS2 planners on the APPROVED BY schemes on any site which “orientation of the station, THE RELEVANT the project temporarily what masterplanning they PLANNING occupies. Another wanted to achieve around AUTHORITY” responsibility, which there, what they wanted to Gilfedder says is one get out of the station”, says of the most important, Gilfedder. concerns “bringing into “That groundwork, which use” approvals. “These are went on in parallel to the the main works authorised bill, helped our designers before we can use them such as stretches get the design right ﬁrst time and get that of the main railways but also major road consent.” diversions,” he adds. Another key aspect of HS2 planners’ “We need to get the agreement of the workload is gaining approvals for lorry authority to put in place all reasonably routes. These focus on any work sites practicable mitigation measures. along the line that need more than 24

“That’s one of the key ways local authorities and communities can be sure we have put in place all the right mitigation and that we are acting responsibly in protecting the environment. “It’s hard to estimate the number of approvals we need to get to opening, but we anticipate that it will be between 1,500 to 2,000 approvals to get phase 1 open, while phase 2a will be about 500 as an early estimate.”

A solution looking for a problem? HS2’s advocates claim the route is more than just a high-speed railway; it’s the UK’s most important regeneration project for decades and a signiﬁcant environmental one. The scheme, with costs that are expected to approach £100 billion, will serve eight of Britain’s largest

I M AG E S | H S 2 / M C AU L I F F E

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INTERVIEW: PAUL GILFEDDER Left: Tunnel entrances in the Chilterns visualised. Below: Curzon Street Roundhouse unearthed.

cities and connect 30 million people. However its detractors – who include environmentalists, ex-cabinet ministers and MPs with constituencies aﬀected by the route – brand the scheme as a “solution looking for a problem”. They complain that its objectives have changed over time, variously including increasing speed and cutting travel times and job creation. The objectives now have settled on reducing overcrowding on the West Coast Mainline, propelling growth and regeneration while connecting places and sustainable transport. “There are a range of challenges both internal and external,” Gilfedder acknowledges. “It’s safe to say HS2 has not always been a popular, universally supported scheme but you manage that through collaboration with authorities. “In the consenting process, we emphasise the importance of collaboration and that’s built into everything we do. We’ll only be able to achieve success if we work closely with our colleagues in contracting, the supply chain and consultants, with designers and with those who prepare the applications and our

The M42 bridge installation was completed ahead of schedule.

local authorities. “My work is focused on the detail of the consenting rather than the overall strategy for the scheme. I’ve worked on this project for nine years and I don’t think the fundamentals for why we’re doing it have changed. It always has been around connectivity, capacity, growth and sustainability. Those have always been core to the project. We’re clear what our purpose is and what we’re trying to achieve.” Nevertheless, HS2 remains a bête noire for some environmental campaigners, particularly for its ecological impact on scores of wildlife sites and ancient woodlands. HS2 points to its major mitigation credentials, especially proposals for Chalfont Lane, near the M25 in Hertfordshire, a key part of its Chilterns Tunnel works. The 55-hectare scheme is HS2’s biggest construction site and will deliver 16 kilometres of tunnelling and construction of the Colne Valley Viaduct. At 3.4km, this will be the UK’s longest railway bridge. In mitigation, HS2 aims to create 127 hectares of grassland, woodland and wetland founded upon around three million tonnes of chalk to be

HS2 planning in ﬁgures 330 - Miles in length of the completed network (phases 1 and 2). 1,500-2,000 - Planning approvals required to open phase 1 alone. Phase 2 will require a further 500+. 300 - Bridges being built for the London-West Midlands phase, along with 70 viaducts. Sixteen bridges will be ‘green bridges’ to support wildlife. 6 - New stations on the route, including Birmingham Curzon Street and extensions for London Euston and Manchester Piccadilly. 30 million - The number of people living within reach of one of the 31 stations that will be served by HS2 trains once phases 1 and 2 are complete. 33 - Square kilometres of new woodland and wildlife habitats to be created, an increase of around 30% compared to what currently exists on the route. £65-88 billion - Department for Transport estimate of likely cost of HS2. Lord Berkeley of the government’s independent review of the project said this could rise to £107bn. 18 - Trains per hour in each direction to and from London, at speeds of up to 224mph. 2029 - Partial services are expected to start running between London and Birmingham between 2029 and 2033, with full services between 2031 and 2036. 2036 - Services on the full network, including phase 2, are forecast to start between 2036 and 2040.

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Curriculum vitae Education: MA economic and social history, University of Edinburgh, 1999; master’s in urban and regional planning, Heriot-Watt University, 2001. A tunnel boring machine for the Chilterns Portal.

Career:

2001 2004

Collaboration excavated from the tunnel. “WE ANTICIPATE with the wide Eventually, the Colne IT WILL BE range of disciplines, Valley Western Slopes will BETWEEN partners, agencies, comprise around 90ha 1,500 TO 2,000 organisations and of grassland supporting APPROVALS TO authorities is one a variety of flora, with GET PHASE 1 crucial element, around 65,000 trees OPEN, WHILE he says. and 32 species of shrubs PHASE 2A WILL Legacy is another. planted along with 3.5km BE ABOUT 500 “Working on of hedgerows. AS AN EARLY projects like this “Our application for a ESTIMATE” poses a unique set of landscaping and rewilding challenges,” he says. scheme after we’ve “The workloads are finished will be a valuable large, we are under contribution to meeting constant pressure our environmental to get things done commitments to ecology on time, there are lots of challenges but all creating a resource but ultimately what keeps you going that will be there for the local and what makes it exciting is that community. For the planning we’ll be leaving something that’s an team, this is as much an asset to the country.” environmental project as it is a Gilfedder is an avid cyclist and transport one. Environmental public transport user rather than mitigation is as important as a driver. He is looking forward to getting the railway and the using the high-speed network he stations right. It all fits together.” has spent years planning. The bulk of his career has “You get a real sense of pride in been at two of the UK’s biggest what we’re doing and that we’re infrastructure schemes. His leaving a positive legacy for the different roles at HS2 were country,” he adds. preceded by eight years at “We’re building a huge megaCrossrail, the pan-London railway project, it’s an important piece of project that has also been beset public transport infrastructure that by controversy. will be serving the country for the What has he learned from the next 120 years.” two schemes?

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Assistant regional planner, South East Regional Assembly

2004 2012 Principal land use planner, Crossrail

2012 2015 London planning manager, HS2

2015 Senior town planning manager, HS2 south area

2015 2017 Town planning lead, HS2 phase one,

2017 present Head of town planning, HS2

I M AG E S | H S 2 / DR P G

13/04/2021 09:30

5.5 MILLION SQUARE FEET To put that into context, that equates to the creation of approximately 6,700 new jobs*. In 2020 we secured planning consents for more sq ft than ever before. So, to you; the consultants, the local authorities, the landowners and the countless others that gave us their support, helping us secure consents for over 5.5 million sq ft, we would like to say, ‘thank you’. *HCA Employment Density Guide November 2015, 3rd Edition

BO TOGETHER BO CLEVER

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08/04/2021 11:32

CASE STUDY

CLOSER LOOK:

REDUCING ENVIRONMENTAL IMPACT IN THE COLNE VALLEY HS2 HAS BEEN CRITICISED FOR ITS ENVIRONMENTAL IMPACTS. BUT AT LEAST ONE APPROACH TO LIMITING – AND MITIGATING – HARM HAS RECEIVED A THUMBS UP FROM ENVIRONMENTALISTS

Soil complexity is a deﬁning characteristic of ancient woodland. These are woodlands that have existed since at least 1600 and have taken centuries to evolve into our richest terrestrial habitats. Typically, they have developed ecological communities of plants and animals that are not found elsewhere, including many of our threatened species. Once vast, they now cover just 2.5 per cent of the UK. Ancient woodland indicator plants include bluebell, primrose, the wild service tree and herb paris. Click the image to see the Woodland Trust video about ancient woodland.

I M AG E S | H S 2 / A L A M Y / I STO C K

The environmental effects of HS2 are a source of contention. The Woodland Trust says phase 1 will directly affect more than 32 ancient woodlands and indirectly affect another 29 through noise and air pollution. Six have already been felled, according to the trust, and another – Jones’ Hill Wood in Buckinghamshire, which is thought to have inspired Roald Dahl’s Fantastic Mr Fox – is about to lose 1.7 of its 4.4 hectares. One of the ways HS2’s planners are looking at mitigating this damage is through ‘translocation’ of plants, soils, stumps that can regrow, and dead wood to a nearby location.

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CASE STUDY

In mitigation, HS2 points out that damage will be minimal and that 730,000 new trees have already been planted as part of landscaping that will create 33 square kilometres of new woodland and wildlife habitat en route – a 30 per cent increase over what currently exists. Critics say new planting is no replacement for ancient woodland.

The Woodland Trust has, however, given a cautious thumbs up to the he Chiltern Tunnel scheme in the Colne Valley, which will save nine hectares ectares of ancient woodland while e creating 127 hectares of new grassland, ssland, woodland and wetland.. The twinbored 16-kilometre tunnel nel will carry passengers beneath the e Chiltern Hills. The scheme will also incorporate corporate the 3.4km Colne Valley viaduct, duct, Britain’s longest railway bridge.

Two tunnelboring machines – Florence and Cecilia – arrived in the UK last December. At 17 metres long and 2,0000 tonnes each, they will be the largest ever used in the UK and will operate non-stop for three years. As they dig, they’ll line the tunnel with 56,000 concrete wall segments, all made on site.

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CASE STUDY

The tunnelling will produce around three million tonnes of chalk spoil, which will be the foundation for 90 hectares of new chalk grassland, which once thrived on the valley slopes. This mitigation scheme has been designed by Align JV, an ecological consultancy set up for the purpose by infrastructure companies Bouygues Construction, Sir Robert McAlpine and VolkerWessels.

Align has commissioned Cranfield University and Tim O’Hare Associates to research the physical and chemical characteristics of the soil profiles that will support resilient, biodiverse grasslands and conduct field trials during construction. “A key challenge with habitat creation is how to establish and then maintain the habitats over the long term,” says Matt Hobbs, ecology lead from Jacobs, on behalf of Align. Among other features being added to the Colne Valley western slopes are S-shaped sparsely vegetated banks for reptiles and invertebrates, and hibernacula to provide refuges for reptiles and amphibians.

Lime-rich but low in nutrients, the thin soil of chalk grassland is poor for grasses, allowing smaller plants ts to flourish. This is a habitat noted for flowers such as small scabious and common bird’s foot trefoil, as well as rarer plants like the monkey y orchid. It’s also home to beetles es and bees, rare butterflies and threatened birds such as the stone one curlew and skylarks, which nest st on chalk grassland. The UK has lost st 80 per cent of its chalk grassland nd since the Second World War. Th e The Colne Valley mitigation scheme goes at least some way to returning this important habitat to one of its native locations.

Click the image above for a twominute video detailing the HS2 tunnel-boring process.

I M AG E S | H S 2 / A L A M Y

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Visualisations for a positive outcome

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Visuals

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

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08/04/2021 11:33

G Y P S I E S , R O M A & T R A V E LLE R S

DEFINING MOMENT

IMELIIN T N NE E TIMELINE

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c .110 100 0 0 0 c.1000 00 00

G ro roup pss o Ro Rom oma Groups off R Roma, originating o rriiginatin ng g iin n Northern N ort ndia, rthern IIndia, modern rreach each m odern Greece and Turkey. G T rk eece a ke ey

100s 11100s 10

T Tr rra avve el ers ﬁrst rst Travellers recorded rre ec co orded in in Ireland. Irre eland Travelling miitths Trra avelling ssmiths mentioned Scottish mentioned in nS cot ish records. rreco ec co ds. ord ds s

1505 05 50 5 F is First rrecord ecord off Gypsies G y sie ess iin n Britain. B tai

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G Y P S I E S , R O M A & T R A V E LLE R S

A LANDMARK CASE COULD REVERSE THE NARROWING OF THE DEFINITION OF GYPSIES, ROMA AND TRAVELLERS WITHIN PLANNING POLICY. AS WE AWAIT THE VERDICT, MATT MOODY CONSIDERS PLANNING’S COMPLEX RELATIONSHIP WITH PEOPLE WHOSE LIVES ARE ROOTED IN NOMADISM

but only 13 permanent sites and five transit n a report published by the Equality sites (where Travellers are permitted to stop and Human Rights Commission temporarily) with any available pitches. (EHRC) in 2018, researchers found that In the run-up to the 2019 election, the despite nearly three-quarters of people Conservative Party manifesto pledged to in Britain agreeing with the principle “tackle unauthorised traveller camps” by of “equality for all”, 44 per cent “expressed giving police new powers to “arrest and seize openly negative feelings” towards Gypsies, the property and vehicles of trespassers”. The Roma and Travellers (GRT). proposals, published in the government’s In 2019, the Women and Equalities police, crime, sentencing and courts bill in Committee in Parliament noted that GRT March, would criminalise trespass, leaving people face “the last respectable form Travellers at unauthorised of racism”. Years of encampments at risk of fines of discrimination, “felt keenly “IT’S NOT up to £2,500 and time in prison. by GRT people”, have NECESSARILY THE Although widespread calls contributed to a “lack of COUNCILLORS THAT to “kill the bill” led to it being trust... in the state and state WANT TO REFUSE bodies”, the committee OUR APPLICATIONS, delayed, most media coverage found – with the planning BUT THERE’S OFTEN focused primarily on the crackdown on public protest that system no exception. GREAT PRESSURE it also proposed. If and when the The 1994 Criminal Justice ON THEM FROM bill returns, however, FFT says and Public Order Act, which LOCAL RESIDENTS, it would “needlessly push GRT repealed the duty on local AND THEY’RE people into the criminal justice authorities – in place since BULLIED INTO IT” system”, despite only one in five 1968 – to provide sites for police bodies agreeing with the Traveller use, is often cited move to criminalise trespass. as a turning point. Current So what’s behind the persistent policy requires councils to shortfall in sites? One key factor, assess the need for pitches according to FFT, is that public attitudes in their areas and identify sites where they towards GRT people make it more difficult for can be built. According to research by the elected officials who support building more charity Friends Families and Travellers sites to get – and stay – elected. (FFT) published in January 2021, however, This is reflected in the experience of there are “little or no repercussions” for local Amy*, a Romany Gypsy whose brother sought authorities that persistently fail to meet their permission for a pitch on a piece of land he identified need. owned. Many of the comments submitted This has led to a “chronic national shortage” about the application were racially abusive, of sites: in England, there are at least 1,696 she says. GRT households on waiting lists for pitches,

11530 530 F w Firstt llaw expelling pell ng Gypsies y ie from England.

11554 55 4

T he E yp y p ians A ct The Egyptians Act makes m k ke being being an an Gypsy iimmigrant mmigran nt G ypsy in n England Eng and a crime c me punishable by d death. p u sha e b eatth h

650 1650s 65 5 50 116 6 0s

La L ast k kn wn Last known no ow hanging for the ng ffo or tth hangiin he crime of being crime of being a Gypsy, Suﬀ Gypsy Gy y, iin nS uﬀolk, olk k, England. Eng and

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0-1118 11660-1800 6 66 60 6 0 8 0

E ng sh G yps es c lling tthemselves em ms lv English Gypsies calling Romanichals working Ro o m u ive by R om manichals ssurvive yw orking fforr trusted non-Gypsies who know tru usst s ed n on Gypsies w ho k hem ow tthem. Appleby chartered Ap A p plle eb by y Fair Fa r granted g an d c h rt rtte e ed sstatus us iin n pp 1685; 1685; 16 5; Ballinasloe Ba nas asloe Fair F Fa ai in 1722. 722

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780 11780

Some m English ngli h anti-Gypsy nt sy laws aw begin to b be repealed.

11800s 800s

Fairs include F o in n nc ir start art tto clude mechanical Covered m echan a rides. de ovve ere red ess. C horse drawn begin se d awn wagons gin tto h o se agons b be by Gypsies Britain. b yG e used y ies iin B ed b r ta n n.

1889 8 9 118 89 88 8

Showmen Britain form the ow nB S ho wm w me en n iin rriitain ffo orm tth he Showmen’s Guild the Gu S howmen’s G uiillld d tto o ﬁght ght tth he Moveable Dwellings Bill which Dw wellings B hich ch ove ble D M i w veab rrestricts stric cts Travellers’ avvellers movements. mo ovveme en n s.

11908 908

The Children’s Act he C h ldren A c T ct makes education m ak e e ducatio ke compulsory c omp l ory ffor or Travelling children ra a T Tr ldrre en in avvel ing c h ld n England. E gland.

11939-45 93 45

their applications for pitches in the “It’s not necessarily the councillors that green belt – which are only allowed in want to refuse our applications, but there’s “very special circumstances” – had been often great pressure on them from local turned down. residents, and they’re bullied into it. Their The judge, Mr Justice Gilbert, said that hands are tied.” Amy is sympathetic towards Pickles’ decision to call in or recover the vast planning officers who have to read through majority of green belt Traveller cases for his abusive comments but, in her view, it’s an own determination in 2013 and 2014 had issue that goes “far beyond planning”. fallen foul of both the Equality Act 2010 and Matthew Green, a former Liberal the European Human Rights Convention. Democrat MP and housing spokesman who Brandon Lewis, planning minister at the became a planning consultant after leaving time, said in response to the ruling that “this Parliament in 2005, specialises in “winning government makes no apologies for seeking planning consents in areas of constraint”. Of to safeguard green belt protection”. the clients his consultancy represents who The High Court is also currently are seeking permission for a new Traveller considering a change pitch, he says that “about 50 to government policy per cent of our applications concerning Travellers get recommended for “OUR INITIAL enacted in 2015, with a approval by planning THINKING ON ruling expected soon. officers”. Of those, however, THE DEFINITION After that year’s general only 10 per cent are actually CHANGE WAS THAT election, the new approved. At appeal, where IT WOULD LEAD TO Conservative government an independent planning DECISIONS WHERE changed the definition of inspector makes the PEOPLE WOULD NO Gypsies and Travellers in its decision, Green’s success rate LONGER BE FOUND Planning Policy for Traveller is more than 90 per cent. TO BE GYPSIES OR Sites (PPTS) guidance to Hostility against GRT TRAVELLERS” exclude those who have people in planning is partly ceased travelling for work down to the perception permanently – for any reason, that they are trying to “steal including old age a march on the planning and disability. system”, says Green. “Lots The change was challenged on of my clients want to steal a march on the discrimination grounds by Lisa Smith, a planning system – that’s why they employ a Romany woman from Leicestershire. Smith planning consultant! But in my experience, was denied planning permission on private Gypsies and Travellers are no more likely to land because members of her family with do that than anyone else.” disabilities could no longer travel for work. There are “entrenched misconceptions” “Our initial thinking on the definition on all sides, he says, which policy tweaks change was that it would lead to decisions alone cannot solve. where people would no longer be found to be Gypsies or Travellers [and thus no Court battles longer falling within the terms of the Prejudice against GRT people has also policy], and the Lisa Smith case is a prime been found at the very top of the planning example of that,” says Dr Simon Ruston system. In 2015, the High Court ruled that MRTPI of Ruston Planning, a chartered Eric Pickles, communities secretary at the planner and independent consultant who time, had “unlawfully discriminated” against specialises in GRT planning. After a while, Romany Gypsies who had appealed after

(Second World War) S The Nazis kkill 600,000 0 Gypsies iin camps and n G gas chambers. In B Britain, a the government b builds u caravan campss ffor o a Gypsies he n tthe e serving rv g iin G forces or d doing ing vital farm work. These are ea r o T a mw closed when war ar o h n tthe he w c nishes. ﬁn is s

11945-60 94 45 5 60

e Travellers T ave lers start rt to to use motor-drawn m otor ra rawn trailers, ra er and buy he nd some om b uy ttheir own w wn p n lland and tto o sstop o on with hem th tthem. nw

11960 960

he C ravan The Caravan ara Sites tro ontr S Co ites ((Control it C Development) of D of eve opment) Act Ac bans new bans new private being eing ivate ssites tes ffrom te rom b p built England. Mass ass ui t iin nE ngland M b ss evictions off Gy Gypsies and ess a e G nd ypsie v ions o Travellers. T ravel ers

968 11968

ew C aravan S iittes A new ew Caravan Sites Act c ctt An obliges authorities iti uthorit b ges llocal ties o ocal a provide ite p ovide caravan rov ess o pr ara avan ssites tto By Tra Tr ravve rs B y 11972 972 ffor fo or Travellers. ellers councils are being given iven re be b e ng g c co ouncils a exemptions. e xempt ons

11989 989

R omany G Romany Gypsies ypsi s an ethnic th ic ne rrecognised ecogni ed ass a minority. m oritty y y.

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G Y P S I E S , R O M A & T R A V E LLE R S

GATEway to inclusion

Policy relating to GRT people varies greatly across the UK, says Dr Simon Ruston, with Wales ‘fantastically ahead of the curve”

however, another effect emerged: “swathes of people were no longer included in needs assessments”. Ruston co-authored an EHRC report in 2019 which showed how the changes to policy have led to people “slipping through the net” by assessing the approaches of 20 local authorities before and after 2015. It found that across the 20 councils, the pre2015 total requirement was for 1,584 more pitches. After the revised definition was introduced, the assessed need fell to just 345. The report also found that existing legislation appeared to be inadequate in addressing the specific accommodation needs of ‘non-definitional’ ethnic Gypsies and Travellers – ie, those who identify as Gypsies and Travellers but have permanently stopped travelling for work. Of the 20 local authorities assessed, only eight had plans that aimed to meet the needs of those who did not meet the definition, creating a “postcode lottery”. If the court rules against the government, Ruston says, “what will have to happen is that all these people who slipped through the net will have to be added back in again”. Councils that have already taken the needs of ‘non-definitional’ Travellers into account will be all right, he says, but those that haven’t could see their needs assessment

1994 1994

C a v nS te A Caravan Sites Act ct a abolished, bolished lleaving ea ng more rre than a 5,000 5 0 families famil e ess with wiitth no no legal came duty Co nci became ga home. h me Councils bec duty bound private b und to o identify d ti t fy y land nd ffor or p r ate purchase None do. p c a by T ve e . N by Travellers. one d o

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Leeds City Council has received praise for its approach to planning for GRT people, having fostered a close working relationship with Leeds Gypsy and Traveller Exchange (GATE), a local membership organisation. The council’s efforts to engage the Gypsy and Traveller community in preparing its local plan – which included running a consultation event at the historic Latter Lee Horse Fair – were described by the plan’s examining inspectors as “exemplary”. The situation in Leeds wasn’t always so ideal, and Martin Elliot, the council’s head of strategic planning, acknowledges that it has “been on a journey”. Helping this process was then-secretary of state Eric Pickles’ decision to call in plans to add 12 additional pitches to Cottingley Springs, an existing site on the city’s outskirts. Pickles rejected the scheme in 2015, but the inquiry led to a discussion of “what we really wanted for these families”, says Elliot. “GATE was saying to us that we needed more smaller sites, because, like the settled population, GRT people want to live in different parts of the city – some in the centre, some in a more rural location. So the council adopted a more positive and collaborative approach by allocating sites, and since then speculative applications have tailed off.”

20 2 0 00 0 00 0 2000 IIrish rriish Travellers T Trra ravellers recognised ed d reco cogniisse as as an an ethnic ethnic minority. mino itty

Central to the council’s strategy has been an approach to transit sites called ‘negotiated stopping’. “We recognised that transit sites are often the ones that attract negative press, because the people stopping don’t necessarily have a connection to the area,” says Elliot. “The negotiated stopping approach involves engaging with people coming to Leeds, having a conversation about why they’ve stopped where they have, and whether we could direct them to somewhere with better provision.” As well as improving conditions for Travellers, the policy is estimated to have saved the council around £250,000 a year in enforcement costs. Negotiated stopping sites are distributed throughout the city, and no one site is used for longer than a year at a time, which has helped to improve relations with the ‘settled community. In Elliot’s view, planning policy for GRT people should be part of the NPPF, rather than separate guidance, so that planners are encouraged to “plan positively” for Gypsies and Travellers at the same time as dealing with settled housing. The key to success in Leeds has been “really engaging with the community” he says; “sometimes, planners and councils simply don’t talk to the people they’re trying to plan for enough”.

20 2 00 04 4 2004

T Th h eG ov akes The he Government ove errnment m makes legal duty assess iitt a lle egal d utty y tto oa sess s accommodation mo tthe he a ccom mm m odation needs off G Gypsies and ed nee ds o Gy ypsiie es a nd Travellers. T Trav aveller ra rav ers

20 00 08 2008

S c t sh G Gy ypsy y Scottish Gypsy Travellers Tra e l s recognised co nised as as an n ethnic et c minority. no it

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G Y P S I E S , R O M A & T R A V E LLE R S

Who are Gypsies, Roma and Travellers? The terms Gypsy, Roma and Traveller are often used quite vaguely and interchangeably. In fact, as explained within the Travellers’ Times guidance for journalists, there are four recognised ethnic groups of traditionally travelling people who have legal protection within the UK and Ireland’s legal systems. Romany Gypsies descend from people who migrated from northern India around a thousand years ago and reached Great Britain in the 1600s. Irish Travellers (Pavee) and Scottish Travellers are descendants of a nomadic people who have traditionally inhabited Ireland and mainland Britain. Roma also refers to the descendants of the migration of various groups of peoples from Northern India about a thousand years ago who settled in Eastern and Western Europe. Romany and Roma are often used interchangeably, but other sources note that Roma may more correctly refer to diverse groups of people who have arrived in Britain more recently than Romany Gypsies from Europe. Other recognised nomadic groups which aren’t aﬀorded the same level of legal recognition include Showpeople, Bargees and New Travellers or New Age Travellers. The Race Relations Act recognises people as ethnically Gypsy, Roma or Traveller, regardless of whether they continue to travel or have adopted settled lifestyles. Planning legislation and guidance wrestles with this concept, however, asserting since 2015 that ‘gypsies and travellers’ (note the policy’s use of lower case) must only have “temporarily” – not permanently – adopted a settled lifestyle in order to qualify as a Gypsy or Traveller and thus be catered to by planning policy. The Travellers’ Times guidance observes: “It’s important to note that nomadism is a shared heritage of Gypsies and Travellers and not a present reality. Not all Gypsies and Irish and Scottish Travellers ‘travel’ – or may only ‘travel’ to traditional cultural events like Appleby Horse Fair.”

In 2019, Parliament’s Women and Equalities Committee noted that GRT people face “the last respectable form of racism”

and site allocations “thrown into disarray”. At the time of writing, however, whether Smith’s legal challenge will be successful remains to be seen. Another factor to consider is the considerable variation in policy relating to GRT people in different parts of the UK, Ruston adds. “In Wales, they’re fantastically ahead of the curve,” he says, noting that the Housing (Wales) Act 2014 reinstated the legal duty on local authorities “to ensure that the accommodation needs of Gypsies and Travellers are properly assessed and that the identified need for pitches is met”. The statutory definition in Wales is also much more inclusive, covering “persons of a nomadic habit of life, whatever their race or origin”. In Scotland, on the other hand, the EHRC report co-authored by Ruston notes that “there is no statutory or policy definition of Gypsy or Traveller in Scottish law or policy”, and

2013-15 2 013 15

that the speciﬁc needs of GRT people are covered in just one paragraph of a broader national policy. In February 2020, the AllParty Parliamentary Group (APPG) on Gypsies, Travellers and Roma issued a roundtable report with a number of recommendations for improving planning policy relating to these groups. The report urged the government to adopt a more inclusive deﬁnition, reintroduce the statutory duty on councils to provide sites and ring-fence funding for them to do so. Although a favourable ruling from the High Court in the Lisa Smith case would force the government to take a step in the right direction, it seems that underlying prejudice against GRT people is a problem that goes far deeper than planning. * Name has been changed n Matt Moody is section editor for The Planner

ck Communities m e secretary e yE Eric ic P Pickles kles c calls all in or recovers green belt e er the he majority jo y of g reen b lt Traveller cases. The Court ve e T e High g C o rt rrules ules tthat hat Pickles has “unlawfully “ wfu y discriminated” d cr mi a ed against Romany m n Gypsies. Gy si

T H E PL AN N E R \ M A Y 2 0 2 0

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015 2015 20 2 0 01 115 5

G han ges d nition of G Go Government o ovvernment c changes ng defi efinition of Gypsies Gy y yp psies a an and nd Travellers planning guidance exclude who Tra a avve lers iin np lanning g uid da ance tto oe xclude tthose xc hose w ho have ceased work permanently, ha avve c eased ttravelling ra ra avvell ng fo ffor or w orrk kp ermanently rregardless e eg gardless of origin. expected 2021 on of ethnic e hnic o rigin. A rruling u ing iiss ex e xp pe ected in n2 021 o na challenge c a len e to to this t redefi redefinition. nition.

2021 2 021

Cr rrii e, S P Proposed roposed P Police, o i e, C Crime, Sentencing ent nci and Courts Bill would a dC Co ourt B ilw ould criminalise r m n li trespass, ttr re esspa pa s leaving ea ing Travellers Trave le errs at at unauthorised encampments att rrisk u nauthor s e nc mpmen a ik off ﬁn nes and prison. o es a nd p n

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NORTHERN

POWER WEDNESDAY MAY 12 WILL SEE THE INAUGURAL PLANNER LIVE NORTH, A ONEDAY (VIRTUAL) CONFERENCE DEDICATED TO NORTHERN ISSUES. WHAT’S IT ALL ABOUT?

n offshoot of last year’s successful The Planner Live conference, The Planner Live North will be a one-day virtual event with a focus on big issues affecting the north of England: economic recovery; climate change; sustainable infrastructure; engaged communities; and healthy town centres.

‘Book your place now – click here’

It’ll look at what planning can do to meet these challenges while also attracting sustainable investment and growth to a region that lags behind the South on most economic indicators. A mixture of keynote speeches and panel discussions, the event will feature speakers as varied as housing minister Christopher Pincher MP and Dame Sarah Storey, Paralympic cyclist and active travel commissioner for Sheﬃeld. But what kind of views and insight can you expect to hear?

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P L A N N E R LI V E N O R T H

“Recovery and resilience is about thinking harder about the right mix of infrastructure, other external support and community-led initiatives. Communities often know what they need and getting bottom up to work with top down is the challenge we face.” Bridget Rosewell, commissioner, National Infrastructure Commission – Planning for community resilience and sustainable economic recovery, 10.05am

“What’s needed to build an active travel strategy for the North is a consistent and inclusive longterm plan with key milestones and appropriate funding.” Joanna Ward, freelance transport planner – Planning for Active Travel, 3.10pm

Edna Robinson – Towards a more resilient Northern identity Edna Robinson is chair of The People’s Powerhouse, founded to ensure that communities are at the heart of plans for the Northern Powerhouse. She’ll be speaking in the session titled ‘How to build resilient and engaged communities’.

On how we think about ‘the North’ “It makes me anxious when we talk about the area in a patronising or paternalistic way. But when you look at certain measures in terms of prosperity and economic growth then we do have signiﬁcant needs. “We have a low-wage economy, poverty inequality and health inequality among ethnic minority communities. There’s no doubt the pandemic has hit the North hard. We’ve been in lockdown virtually the whole time.” I M AG E | I STO C K

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Planner Live North: Powering up the North through planning Wednesday 12 May 2021 9.30am Welcome and Presidential address – Wei Yang MRTPI, president, RTPI 9.40am Keynote address – Clive Betts MP, Labour MP for Sheﬃeld South East 9.50am Political address – Christopher Pincher MP, minister of state for MHCLG 10.05am Plenary 1: Planning for community resilience and sustainable economic recovery. 11.20am Choice of In-Focus breakout sessions: # 1: How to create resilient town centres # 2: How to build resilient and engaged communities # 3: Sustainable infrastructure for our future needs 2.00pm Plenary 2: Planning to tackle climate change 3.00pm Expo 3.10pm Choice of In-Focus breakout sessions: # 4: Planning for Active Travel # 5: Designing for a Changing Climate # 6 - A planned Northern energy approach 4.05pm Political Keynote 4.20pm Closing remarks: Victoria Hill MRTPI – chief executive, RTPI Find out more and book on the RTPI website bit.ly/planner0521-north

MAY 2 0 21 / THE PLA NNER

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P L A N N E R LI V E N O R T H

On the move towards regional devolution

disenfranchised population. This is about a very strong sense of regional identity and ownership. We need to “There’s a massive pride and sense of look to other parts of Europe where identity about being Northern people there’s a very strong sense of regional and we are seeing regional politics identity, of uniqueness, and often the becoming more and more significant. sense of wanting to separate – but Even the Welsh are talking more these things don’t come without risk. about independence. “The idea that we are living in a “Because we are over-centralised as risk-free environment is laughable. a country we need to see some clear Look at the nonsensical way in decentralising of decisions about which government departments economic growth and the ability to don’t connect with each other. Then raise taxes. There needs to be an adult this whole issue about whether we conversation about how the North are going to a regional identity when can create its own decision-making there’s not even a regional decision–I hate to use the word ‘powers’… making process. about what the North’s ‘entitlements’ “We’re talking about deliberative are, in terms of things like investment debate and citizens’ assemblies. It’s in infrastructure and investment per not about saying there are binary head of population. answers to things. I don’t “There’s a standard think there’s a perfect that could be set that “BECAUSE WE answer but I do think the people of the ARE OVER there’s enough energy North could expect CENTRALISED and thought to try this.” and then decisions AS A COUNTRY about how those WE NEED TO SEE things would be On why we need SOME CLEAR delegated. Up to now change now DECENTRALISING we’ve seen the mayoral “One reason we’re OF DECISIONS concept emerge. But clamouring for these ABOUT ECONOMIC those deals [ie, city solutions is because we GROWTH” deals] have been are in pain about our done behind closed identity. We’re grasping doors and they are all for solutions, and often different. Some mayors the wrong ones. People have powers that other are hurting. We need mayors don’t. We to have a conversation deserve better. There’s a need for a about our core values and what constitutional discussion about what Britishness actually is beyond Brexit. the North’s entitlements can and A conversation about integrity, should be, and it can’t be in a smokeresponsibility, decency and that issue filled room.” to do with economics and greed. And when it comes to geography, let’s have a different discussion.” On creating new governance

models “If we just cut and paste the current system, I feel quite fearful of that because we would still have a

n Find out more about The People’s Powerhouse: bit.ly/planner0521powerhouse

What’s the best way to achieve a planned approach to energy in the North? “The Humber’s ﬂexible development-focused approach to planning secured Siemens Gamesa and the Humber Freeport. You can hear more about how planners can be growth enablers in the ‘A planned Northern energy approach’ session.” Alex Codd, city economic development and regeneration manager, Hull City Council – A planned Northern energy approach, 3.10pm

“The ﬁrst step towards climate resilient design is to think about it as an integral part of a scheme. Too often climate change is dealt with as an ‘add-on’, or through the application of minimum standards. Designed in early, adaptation and mitigation need not lead to costly solutions and issues with viability. In the North, we’re seeking to secure the best outcomes for climate, nature and people through good design. The RTPI is leading the way in terms of corporate policy and promoting best practice in the context of the UN Sustainable Development Goals.” Tim Crawshaw MRTPI, urban transport planner and vice-president, RTPI – Designing forr a Cha Changing Climate, 3.10pm

“If everywhere is only accessed by vehicle, then you’re instantly removing g a third of the population who don’t have access to that vehicle in the ﬁrst place. The prerequisite to having access to opportunity shouldn’t be that you need a car.” Dame Sarah Storey, active travel commissioner for Sheﬃeld City Region – Planning for Active Travel, 3.10pm Read Active ingredients: A Q&A with Dame Sarah Storey

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LANDSCAPE

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P37 TECH P38 DECISIONS P42 LEGAL P 5 0 W H AT ' S O N

NOTICE: THE DIFFERENCE INNOVATE UK AND THE MHCLG HAVE FUNDED TWO DIGITAL ENGAGEMENT PLATFORM PROVIDERS TO REIMAGINE HOW PLANNING NOTICES CAN BE PRESENTED TO A SMARTPHONEWIELDING, TECHSAVVY, 21ST CENTURY POPULUS Given the pace at which the government has been shifting interactions with the public to digital platforms over the past few years, it may be surprising to find the humble planning notice only now becoming subject to a digital overhaul. Yet here we are, with the traditional statutory planning notice, typically made through flyers on lamp posts or local newspapers, undergoing re-evaluation by the Ministry of Housing, Communities & Local Government (MHCLG). How might technology enhance the process of better connecting residents with vital information on decisions in their areas? Commonplace, already established as a digital engagement platform provider, has been invited to work through Innovation UK and MHCLG on a project to reassess the potential of the planning notice. The Future Fox, developer of the PlaceBuilder cloud engagement platform, has also been asked. “By offering planning notices only on lamp posts, inside community facilities and in local papers, the planning system is missing a huge and obvious opportunity to engage,” says Mike Saunders, chief executive and cofounder of Commonplace. His company I M AG E | I STO C K

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Why the MHCLG is reassessing how planning notices are communicated

84% Adult population using a smartphone.

95% adult population using smartphones aged under 55.

1/3+ Proportion of public agreeing with the statement “new buildings and developments seem to just appear in the local area with no warning a lot of the time”. (Commonplace’s Engaging for the Future report)

50% percentage of the public who cite having “never been aware of a consultation in [their] area”. (Engaging for the Future report)

is asking users of its platform for their views on improving planning notifications, as well as engaging with development management planners. Saunders believes that reexamining the practice of site notifications and long and complex documents published on planning portals “could offer huge benefits to increasing awareness and engagement in major decision-making”. The Future Fox’s PlaceBuilder allows planners to share their plans with citizens who can then comment on the issues most important to them, the data in turn analysed by planners. The company thinks that the overwhelming percentage of adults being smartphone users presents “a great opportunity to digitise the planning notice system to potentially capture the feedback of 44 million adult smartphone users and unlock a transformation in the use of community feedback data in planning decisions”. A potentially more democratic system is the goal. “We’ve gone about it without a set template or anything,” said Future Fox chief executive Annette Jezierska. “We’ve done basic user research and built the vision up from there. We’re midway through the project, testing different ideas – so we’re still being steered by users at the moment.” “The focus for us is ‘OK, what’s best for users?’ If a key objective of the planning reforms is to expand the number of users, how do we make the function of planning notices more relevant to people?” Housing minister Christopher Pincher thinks MHCLG’s work with Innovate UK and firms in the proptech sector is about bringing the “outdated planning system” into the 21st century, with digital planning notices seen as “part of our wider reforms”. “New forms of digital technology will mean the ability to connect residents and neighbours to important information on decisions impacting their areas and enable them to engage directly in planning decisions.”

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CASES &DECISIONS

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

West End theatre conversion would not be ‘sympathetically executed’ Plans to convert a listed theatre and cinema in London’s West End into a hotel have been rejected following a 12-day inquiry, after an inspector ruled that the replacement basement cinema oﬀered by the developer was unsatisfactory.

Matthew Henderson is a barrister at Landmark Chambers

( “The decision is notable for the manner in which the inspector reached a number of detailed findings on the architectural interest of the listed building internally, with particular consideration of how the building had been altered. ( "The inspector concluded that the internal architectural interest made an important contribution to the significance and special interest of the listed building, despite such matters not being a focus in the Historic England listing description. The inspector comments in this regard that the listing description, even when compiled recently cannot be considered to be a comprehensive account of the heritage asset’s special interest, and omissions from the description do not mean that a feature is not of merit.

LOCATION: Covent Garden AUTHORITY: Camden Borough Council INSPECTOR: Tom GilbertWooldridge PROCEDURE: Inquiry DECISION: Dismissed REFERENCE: APP/ X5210/W/19/3243781

the height of the building by 50 per cent. Although he acknowledged that the design was an attempt to contrast the extension with the existing building, he found that the “solid and highly reﬂective mass”

was not “sympathetically executed” and would cause significant heritage harm. He also criticised the loss of the building’s solely cultural use to a mixed-use scheme “where hotel and restaurant would dominate”, changing the experience of the listed building and resulting in a loss of historic internal fabric. Assessing the existing cinema’s value as a cultural facility, Gilbert-Wooldridge noted that the current Odeon-run incarnation was “successful and popular” with trading figures among the top 25 in the UK. The replacement cinema would be only a “minor part” of the new overall use, he found, and its “boutique offer” would not necessarily appeal to existing customers. In the planning balance,

( "This is of wider interest in the approach to consideration of designated heritage assets, and underscores the valuable opportunity that an appeal by way of the inquiry procedure provides to form a detailed understanding of the designated heritage asset(s) at issue." Read the full comment on our website: bit.ly/planner0521theatre

he concluded that the “significant” cultural and heritage harm the scheme would cause outweighed its public benefits. In a separate decision, the inspector ordered a partial award of costs against the council for failing to inform the appellant about its efforts to update the building’s list description until the fourth day of the inquiry.

I M AG E S | A L A M Y / I STO C K / S H U T T E RSTO C K

The appeal concerned the grade II listed Saville Theatre in central London, built in 1931. After 30 years operating as a theatre, the building was leased to Brian Epstein, manager of The Beatles, in the 1960s, briefly becoming a popular music venue. It was converted into a cinema in 1970, hosting the queen in 1974, before the Odeon Cinema Group purchased it in 2001. The building’s Art Deco design features a decorative frieze by the celebrated sculptor Gilbert Bayes, considered “one of the largest and most important works of public sculpture of its time” by Historic England. The appellant sought permission to convert the building into a 94-bed hotel, with a spa and replacement cinema at basement level and a bar/restaurant on the ground floor. It also sought to add a three-storey glazed extension and roof terrace on top of the building. Considering first the proposed roof extension, Gilbert-Wooldridge noted that the fully glazed boxlike design would increase

EXPERT COMMENT

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40 or so appeal reports are posted each month on our website: www.theplanner.co.uk/decisions. Our Decisions Digest newsletter, sponsored by Landmark Chambers, is sent out every Monday. Sign up: bit.ly/planner-newsletters

Council criticised for refusing housing on allocated site Harrogate Borough Council must pay costs for blocking plans for 140 homes on land it had recently allocated for housing, after an inspector ruled that the planning application process was ‘not the occasion’ for reconsidering the site’s sustainability. LOCATION: Harrogate

Jenrick approves £130m Digbeth renewal scheme The housing secretary has approved plans to deliver 480 homes and a 167-room hotel on brownﬁeld land in Birmingham, noting that the scheme had ‘limited potential’ to prejudice the council’s plans for the reopening of a Victorian railway line in the area.

AUTHORITY: Harrogate Borough Council

INSPECTOR: A M Nilsson PROCEDURE: Written submissions DECISION: Allowed REFERENCE: APP/ E2734/W/20/3260624

In 2018, developer Eutopia Homes sought permission for a £130 million mixed-use redevelopment of a brownfield site in Digbeth, Birmingham, to provide 480 homes, a 167-bedroom hotel, and flexible commercial space. The tallest of the six blocks proposed was 26 storeys. However, the site is next to the Camp Hill railway line, which opened in the 1840s but was closed to passengers 100 years later. The council was concerned that the scheme would interfere with a bid in its local plan to reopen the line. Robert Jenrick agreed with inspector Jennifer Vyse’s finding that there would be “limited potential for prejudice to delivery” of the railway works, noting that Network Rail had not objected. The provision of 480 homes carried “substantial weight” in favour, he added, noting the council’s housing supply shortfall of 37,900 homes. A new hotel would “support the drive to expand the visitor economy” in Birmingham, he decided, opting to allow the appeal. Separately, the appellant sought costs against the council, saying that it had been unreasonable in refusing LOCATION: Digbeth permission despite advice from one of its officers AUTHORITY: Birmingham City Council that to do so “wouldn’t be a reasonable position INSPECTOR: Jennifer A Vyse from the planning point of view”. Vyse had disagreed, PROCEDURE: Recovered appeal ruling that the council could not be expected to DECISION: Allowed offer evidence that was not REFERENCE: APP/ yet in the public domain, P4605/W/20/3250072 having noted that being “in the pipeline for some 15 to 20 years”, the council’s plans for the railway remained “embryonic”.

The appeal concerned a parcel of mainly agricultural land on the north-eastern edge of Harrogate. The site was allocated for 140 homes by the council in its 2020 district plan. Applicant Richborough Estates had sought permission to build 149 homes on the site – revised down from 170 homes – the previous year. The council refused permission, deciding that the development was “unacceptable due to its location” and the lack of public transport and services within a safe and

reasonable walking distance. The developer appealed and sought costs against the council. Inspector A M Nilsson noted that the location of the development was a “clear and obvious... ﬁxed entity” that the council would have been “well aware of” when allocating the site for development. Although access to public transport and local services can be matters of planning judgement, the inspector continued, these were considered as part of the allocation process, and the planning application system was “not the occasion to reconsider these matters”; in doing so, the council had “behaved unreasonably”. In Nilsson’s view, the distances that future residents would be required to walk to access bus stops and services would be “approaching the threshold of what would be acceptable”, but would ultimately comply with local and national policy. On this basis, the inspector allowed the appeal and ordered the council to pay costs in full.

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C&D { C Housing secretary awards costs after approving 625-home plan

out by the local parish council found that more than 1,000 people agreed. But Network Rail, which maintains the viaduct, said that a road beneath it was unacceptable for “safety and operational reasons”. The council withdrew its opposition shortly before the plan was retrieved by Jenrick. Ledbury Town Council was granted Rule 6 status to argue its case at the inquiry. In her report, inspector Lesley Coﬀey said that “there would still be increased

Conversion of Victorian asylum’s ballroom rejected An inspector has refused plans to convert a listed ballroom built for patients at a Victorian asylum in Southall into flats, noting the ‘valuable insight’ the building offered into 19th century psychiatric care. The appeal concerned St Bernard’s Hospital, a Victorian asylum that opened in 1831. Under psychiatrist Dr John Conolly, the asylum’s third superintendent, it became the first to dispense with all mechanical restraints in 1839. It has since appeared in film and television productions including Tim Burton’s Batman and the BBC sitcom Porridge. One of the hospital’s historic features is a ballroom, built in 1854 and

now grade II listed. The appellant sought permission to convert the ballroom into seven ﬂats.

LOCATION: Ledbury AUTHORITY: Herefordshire Council INSPECTOR: Lesley Coffey PROCEDURE: Recovered appeal DECISION: Allowed REFERENCE: APP/ W1850/W/20/3244410

Inspector Hayley Butcher noted that the ballroom offered “a valuable insight into some of the ideas of the time in respect of the care of psychiatric patients”, which contributed to its historic significance. It also retained architectural significance, she continued, noting its large, open-plan form and decorative features, which remained largely intact. The scheme involved the division of the ballroom with full-height party walls and the insertion of mezzanines, which would dissect the building’s original windows. The stage area would also be covered with a new floor. These works would “greatly diminish” the building’s architectural interest, Butcher found, causing “less than substantial” harm. She was

traﬃc volumes if a second access were to be provided beneath the viaduct, and the existing issues relating to capacity and pedestrian safety would prevail”. But, advocating approval, she found that the capacity of the road junction central to the council’s concerns would be “at capacity, not above”. Jenrick agreed that the traﬃc mitigation measures were adequate, and allowed the appeal, ordering both councils to pay partial costs.

I M AG E S | G E T T Y / A L A M Y /

The appeal concerned land on the edge of Ledbury, near its grade II listed viaduct. Developer Bloor homes sought to build 625 houses and 2.9 hectares of employment ﬂoor space at the site, which was allocated for a “sustainable mixed-use urban extension”. Herefordshire Council refused permission against the advice of its oﬃcers, arguing that a second access to the scheme passing beneath the viaduct was needed, after a poll carried

SHUTTERSTOCK / ISTOCK

Robert Jenrick has told both Herefordshire Council and Ledbury Town Council to pay partial costs to Bloor Homes for unreasonable behaviour, after approving its plans to build homes near the town’s Victorian viaduct.

also concerned that the scheme would not provide sufficient parking for cars or bicycles. Concluding that its public benefits did not outweigh the harm she had identified, she dismissed the appeal.

LOCATION: Southall AUTHORITY: Ealing Borough Council INSPECTOR: Hayley Butcher PROCEDURE: Written submissions DECISION: Dismissed REFERENCE: APP/ A5270/W/20/3250319

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DECISIONS DIGEST{

SUBSCRIBE our appeals digest: to ou

https://subs.theplanner. https://sub bs.theplanner. co.uk/regi gister g co.uk/register

Persimmon scheme would not ‘achieve a welldesigned place’ Plans submitted by Persimmon to build 97 homes on the edge of Middlesbrough have been rejected by an inspector, who found that the scheme would be contrary to a local design code and would fail to achieve a well-designed place. bit.ly/planner0521-code

housing Student hous using us refused att Scottish battlefield A reporter has blocked plans for 253 student bedrooms and a 71-bed care home on land in Stirling that saw the Battle of Stirling Bridge in 1297, ﬁnding unacceptable disruption to the ‘stunning’ views aﬀorded from the site. bit.ly/planner0521-stirling

Costs awarded against council for refusing Whitechapel infill scheme Tower Hamlets Borough Council must T pay partial costs after an inspector ruled that it had failed to substantiate r one of its reasons for blocking plans for a ﬁve-storey residential building next to a locally listed synagogue. bit.ly/planner0521-inﬁll

Music condition at Rotherham pub not a Trojan horse A bid to remove a condition attached to a 2016 permission for a pub’s outdoor bar that limited the playing of music anywhere outdoors has been denied by an inspector, who did not agree that the condition was a “Trojan horse”. bit.ly/planner0521-trojan

Georgian replacement shopping centre would harm heritage Plans to replace a 1980s shopping centre in Bury St Edmunds with a new Georgian design g g that would oﬀer 48 ﬂats as well as retail space have been rejected by an inspector, who found that the new building would not “successfully assimilate”. bit.ly/planner0521-retail

Costs levied on council for blocking Surrey music festival site Elmbridge Borough Council “failed to apply national policy in a rational way” by blocking plans to use green belt land near Walton-on-Thames for music festivals and other events, an inspector has ruled, granting permission subject to conditions. bit.ly/planner0521-music

‘Bespoke’ SEND school is ruled appropriate in green belt Plans to convert a large detached home in the Surrey green belt into a specialist school for boys with autism have been approved by an inspector, who decided that the scheme was sustainable development and not inappropriate in the green belt. bit.ly/planner0521-send

Student flats would not cause domination of Edinburgh community

Single drainage pipe means development has commenced

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Plans for 74 student studios on brownﬁeld land near Edinburgh city centre can go ahead, after a reporter found that the scheme would not lead to an overconcentration of students despite “approaching” the council’s 50 per cent threshold. bit.ly/planner0521-edinburgh

An inspector has granted a certiﬁcate of lawful development verifying that work on a detached home in Lancashire began before its permission expired, ruling that the digging of a trench and laying of o a single plastic pipe amounts to a start. bit.ly/planner0521-pipe

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LLegal landscape OPINION

Rights to light: The problem with solar Despite the drive towards greener energy, solar panels enjoy no legal right to light. A recent appeal may offer a shard of protection, however, say Claire Acklam and Judith Pike A right to light allows a and support the renewables building to receive light industry that is so important through particular apertures to our future. Without a legal (usually windows and right to light, there can be doors) and prevents the no injunction to prevent owner or developer of interference with the passage neighbouring land from of light to a solar project or a substantially interfering with claim for damages. or obstructing its access, Unlike more conventional for example by erecting or structures that have apertures altering a building. through which light passes It means that a landowner and therefore benefit from a or developer should consider, legal right to light – windows, from the early planning stage, skylights, glass doors, the potential rights to light conservatories and even implications of a proposed greenhouses – a solar panel development. If not taken is not an aperture. It captures into account and resolved the light from all angles, from the outset, stores it and opposition from converts it into neighbours power. “THE LAW alleging The Law STILL DOES NOT interference Commission RECOGNISE ANY can result in consultation FORM OF RIGHT delays, the need paper on rights to TO LIGHT FOR to redesign and light concludes SOLAR PANELS” resubmit plans, or that “objects even wholesale that do not have demolition of apertures such as developments solar panels are found to obstruct almost certainly rights of light. not capable of benefiting But because light does not from a right to light”. pass through a solar panel, it It does not look as if the enjoys no legal protection. position is going to change Despite the current any time soon, so what resurgence of clean energy protections are available to projects in the UK, the law a developer of solar projects still does not recognise any to ensure that the flow of form of right to light for solar natural light to its solar panels panels whether they are is maintained? rooftop or ground-mounted The obvious protection and is failing to keep up with is contractual – ensure that

there are binding obligations on the neighbouring landowner and its successors not to interfere with the flow of light to the solar project. This can extend to self-help remedies for the developer– cutting down vegetation and removing obstructions. However, it only works to the extent of the landowner’s ownership surrounding the project unless agreements with adjoining landowners can be secured. Another protection is the ‘back-door route’ where the interference is against recognised apertures as well as the solar project and is more likely to provide protection for rooftop projects than ground-mounted ones. However, pursuing a rights to light claim where there is a clear ulterior motive may be difficult where the damage and loss to the aperture is less than that to the solar project. Interestingly, following the case of R (on the application of McLennan) v Medway Council & Kennedy, in 2019, the planning system may also offer a level of protection. Here, McLennan’s neighbour applied for planning permission to extend his property, the result of which was a direct interference with the passage of light to the solar panels McLennan had installed on the roof of his

property. The council deemed that the interference was not a material consideration and granted consent so McLennan appealed. His appeal was upheld on the basis that the mitigation of climate change was a matter of public interest and a material consideration. The message is clear: while developers of solar projects need to be alert to their surroundings and monitor development that potentially aﬀects light passing to their sites, the decision adds to the armoury of protections available to them to preserve the ﬂow of light to them. Claire Acklam is senior associate in the litigation and dispute resolution team, and Judith Pike is partner in the real estate team at Walker Morris

In brief The law does not recognise a legal right to light for solar panels, a drawback for the burgeoning solar industry Contractual protections may be available for solar developers and ‘backdoor’ protection is feasible However, a successful appeal concluding that climate change was a material consideration may offer the best route to protection of solar schemes

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EVENTS

CASES

LEGISLATION

NEWS

ANALYSIS

NEWS Legal challenge for continuation of virtual planning meetings is lodged The Association of Democratic Services Oﬃcers (ADSO), Lawyers in Local Government (LLG) and Hertfordshire County Council have lodged a legal challenge in the High Court that seeks a continuation of local authority remote meetings beyond 6 May 2021. Under emergency legislation, planning committee meetings have been allowed to be held virtually during restrictions implemented to stem the spread of coronavirus (Covid-19). The Coronavirus Act 2020 gained royal assent on 25 March 2020 after being fast-tracked through the House of Commons and the House of Lords. The 1972 Local Government Act requires councillors to be present to decide applications. The new act makes provisions for “persons to attend, speak at, vote in, or otherwise participate in, local authority meetings without all of the persons, or without any of the persons, being together in the same place”. The regulation is for meetings required to be held before 7 May 2021. The two bodies and the council included an application for the court to expedite proceedings to guarantee that a decision is made before the deadline. The Local Government Association, the National Association of Local Councils and the Welsh Government’s housing and local government minister have been listed as interested parties. They will have the opportunity to submit evidence if they wish to. A statement on the ADSO website says: “We are pleased with the quality of our evidence and we thank all those authorities who have both written to the secretary of state and submitted evidence to us in support of our claim.”

Residents win hearing on local plan decision Residents have been granted a court hearing in their fight with South Oxfordshire District Council over its decision to proceed with its local plan in December 2020 following the removal of a holding direction issued by housing secretary Robert Jenrick. The direction was issued to stop the council withdrawing it from examination. The plan was initially submitted for examination by the thenConservative administration in March 2019, but the council is now held by a coalition of Liberal Democrats and Green Party councillors. In October 2019, the new administration wanted to withdraw it but was prevented from doing so due to the holding direction. Jenrick removed the holding direction in March 2020, but decided there was a “clear case” for him to intervene. He told the council to progress the plan and adopt it by December 2020. It prescribes delivery of 23,550 homes up to 2035. A first legal claim was sought in January but Mr Justice Dove refused Bioabundance Community Interest Company’s application to the planning court to have the local plan quashed. But the group will now renew the claim at an oral hearing. The grounds for challenge are: • The conduct of the adoption vote: the way that it unlawfully took into consideration the threatened consequences of government intervention and was dictated by the MHCLG. • The calculation of housing numbers by the plan inspector working with building 775 dwellings a year instead of the standard 627. • Lack of regard paid to the effect of high housing numbers on climate change. Ian Ashley, director of the Bioabundance Community Interest Company, said:“The process for plan adoption was neither democratic nor legal. And the only way to get justice for the people of South Oxfordshire is through the courts.” Leigh Day solicitor Tom Short, represents Bioabundance with barristers Tim Buley QC and Alex Shattock of Landmark Chambers. He said: “Our client welcomes this opportunity to put forward its case at an open hearing at the High Court, and the scrutiny that will bring of the unfortunate manner of decision-making lying behind South Oxfordshire’s Local Plan.” The hearing will take place on 29 April. At the time of going to press, the outcome was unknown. Bioabundance is fundraising to meet its legal costs.

LEGAL BRIEFS Basingstoke legal blunder emerges The emergence 42 years later of a 1979 error that led to a failure to transfer a village green at Basingstoke into council ownership means the land could be built on, reports Local Government Lawyer. bit.ly/planner0521-green

Reforming leaseholds Louise Drew of Shakespeare Martineau considers what proposed reforms of the leasehold system mean for landlords. bit.ly/planner0521-leasehold

Walthamstow landlord cops £200k costs over illegal flats A landlord who turned a Walthamstow property into 13 flats without planning permission and ignored two enforcement notices must pay nearly £200,000 in fines, costs and a confiscation order, Local Government Lawyer reports. bit.ly/planner0521-flats

Guidance on Planning Legislation, Language & Terms This RTPI East of England-hosted webinar, scheduled for 14th June, will oﬀer practical guidance on planning language, legislation and terms, aiming to bring together the public and private sectors. bit.ly/planner0521-east

Court of Appeal ruling over NPPF stance on ‘isolated homes’ A series of appeals over a former policing college in Hampshire, which involved the meaning in the NPPF of “isolated homes in the countryside”, have been rejected, Local Government Lawyer reports. bit.ly/planner0521-isolated

Ealing planning decision torpedoed Ealing Council’s monitoring oﬃcer has ruled that problem with a YouTube stream publicly broadcasting a meeting of its planning committee means that a decision it reached cannot stand, says Local Government Lawyer. bit.ly/planner-0521-ealing

Still on the clock Zack Simons considers the circumstances in which judicial reviews of planning decisions can be allowed beyond the usual six-week limit – sometimes years. bit.ly/planner0521-planoraks

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NEWS RTPI news pages are edited by Will Finch at the RTPI, 41 Botolph Lane, London EC3R 8DL

Planners commended by RTPI for outstanding APC submissions Six newly Chartered planners have been congratulated by the RTPI for the high quality of their Assessment of Professional Competence (APC) submission in 2020. The APC is the process by which candidates are able to show that they meet the high standards required to become a Chartered member of the RTPI. There are three routes to Chartered membership through the APC, depending on a candidate’s education and experience – Licentiate (L-APC), Associate (A-APC) and Experienced Practitioner (EP-APC). The 2020 APC candidates nominated for commendation by the RTPI’s Membership Assessment Advisory Panel were: n Alicia Leathem (EP-APC) –

Planning Officer, Antrim and Newtownabbey Borough Council n Chloe Staddon (L-APC) – Planning Consultant, Gerald Eve n Hannah Graham (L-APC) – Planner, Deloitte n Helen Stocks (EP-APC) – Senior Planning Officer, Tewkesbury Borough Council n Katie McGill (L-APC) – Land Buyer, CALA Homes (North) Ltd. n Laura Reid (L-APC) – Senior Planning Officer, Birmingham City Council RTPI Head of Membership Martine Koch said: “These six candidates have demonstrated a very high level of achievement with their APC submission and they should act as an inspiration to planners currently going through the process, or who are thinking about doing it in the future. I am pleased the RTPI has the opportunity to celebrate their success and I wish them good luck for the rest of their career.”

ALICIA LEATHEM: “Gaining Chartered membership has provided me with recognition of my professional experience. This is invaluable to me to help sustain my growth and to keep pushing myself in the planning discipline. It also provides a platform for me to widen my knowledge and understanding of the sector.” CHLOE STADDON “Chartered membership represents a distinguished level of service, providing credibility for both myself and my employer, and delivering added assurance for key clients. In addition, the opportunity enabled me to continue learning on the job, using my practical experiences to inform my submission. Becoming Chartered was a key milestone in my career and I am delighted to have gained membership.” LAURA REID: “The APC process allowed me to reflect on how far I had come professionally and where I wanted to be. Gaining Chartered membership is a significant professional development as I can proudly add MRTPI to my name. It is also a significant personal achievement as there were times when I thought I could not complete my submission and doubted myself.” HELEN STOCKS: “The EP-APC route renewed my focus and determination and my desire to represent the council at public inquiry proved to be the impetus I needed. Becoming MRTPI is a huge personal and professional triumph that has reinvigorated my career ambitions.”

KATIE McGILL: “The APC process felt like a natural progression once I completed my dual accredited degree and it was important my employer supported this. The process presented me with the opportunity to reflect on the work I had undertaken over a two-year period and allowed me to consider the direction of my career and aspects I would like to focus upon through my professional development plan.” HANNAH GRAHAM “My tips for future candidates are to start your APC journey by registering as a licentiate; signing up to the free RTPI APC webinars; reading the guidance document; and, undertaking the RTPI Learn free bitesize modules. This will help you understand the process better. Keep your reflective journal up to date – not only will this save you a lot of work later on, but it will also be useful for ensuring that you are meeting the competencies and will allow you to identify any gaps. Only submit once you are confident that you have enough experience to meet the competencies. Arrange regular meetings with your APC mentor as they will be able to offer guidance and provide you with helpful feedback.” n See more about the RTPI's Assessment of Professional Competence, including details of how to submit and FAQs about the APC and Covid-19, at bit.ly/planner0521-apc

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Editorial E: rtpinews@rtpi.org.uk

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MY VIEW ON…

PLANNING AND TREES

RTPI President Wei Yang FRTPI believes that the fundamental objective of planners is to allow people, nature and society to coexist in harmony The restoration and sustainable management of forests helps to address the climate change and biodiversity crises. It also produces goods and services for sustainable development, fostering an economic activity that creates jobs and improves lives. My ﬁrst virtual presidential visit of 2021 was to the new forests in Northumberland to discuss the key socio-economic and environmental drivers supporting the delivery of new woodlands, both in Northumberland and in the wider North East region. During the event, Victoria Bankes Price MRTPI, Planning Adviser at the Forestry Commission, gave a national update on the NPPF consultation and the planning elements of the forthcoming England Tree Strategy.

Other speakers at the event included the Forestry Commission’s Richard Pow and Tim Miller-Fay of Northumberland County Council. I was proud to see colleagues’ remarkable achievement in planning new woodlands for future generations. As President, I have also been delighted to launch a new RTPI campaign asking the UK government to provide funds to allow planners to retroﬁt trees into existing housing schemes. We know the Housing Secretary wants tree-lined streets to become the norm in new developments, but it is essential that we don’t forget about most of the population. Trees and nature should be accessible for everyone – not just those who buy a house in a new development.

n Learn more about the RTPI’s #ReTreeFit campaign at bit.ly/planner0521-retreeﬁt n Watch Wei’s virtual visit to the North East at bit.ly/planner0521weivisit

POSITION POINTS

GREEN GROWTH BOARDS RICHARD BLYTH, RTPI HEAD OF POLICY In our report Planning for a Better Future, we’ve repeated calls for the introduction of Green Growth Boards to sit across local authority boundaries, steer the local plan and deliver joined-up thinking on key strategies including climate action, transport, infrastructure, housing provision and nature recovery. Through planning we can create healthy and thriving communities that are more economically robust, while tackling the overarching threat of climate change. We need to be open and honest about what doesn’t work and look at new ways to create holistic visions for places that capitalise on technical innovation and take on board the renewed interest in local place by communities. For too long planning has failed to grapple with issues of climate, public health, skills and infrastructure head on, partly because of insuﬃcient permission to do so from central government, but also owing to insuﬃcient wider-area institutions with which to engage. Green Growth Boards would change this. Read Planning for a Better Future in full at bit.ly/planner0521-betterfuture

20 MINUTE NEIGHBOURHOODS BARBARA CUMMINS, RTPI SCOTLAND CONVENOR RTPI Scotland believes that ongoing planning reform in Scotland, including the implementation of the Planning (Scotland) Act 2019, provides an excellent opportunity to update a range of planning policy, development management and public service delivery, to reﬂect the importance of 20-minute neighbourhoods. The Covid-19 pandemic has had a profound and lasting impact across the world. Planning, as a proactive and visionary profession, must play a pivotal role in supporting a post-Covid recovery and reinventing our places. The idea of 20-minute neighbourhoods, where daily services can be accessed within a 20-minute walk, has gained signiﬁcant traction across the world as a means of supporting this recovery, so we are calling on the Scottish government to conduct a review to embed this concept into planning policy, to support delivery through development management and place-based partnership. Read more at bit.ly/planner0521-20minhoods I M A G E S | R T P I / T H E F O R E S T RY C O M M I S S I O N

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NEWS

World Town Planning Day competition winners The winners of the RTPI’s World Town Planning Day competition for 2020 have been congratulated by President Wei Yang FRTPI. The aim of the RTPI’s annual competition is to inspire secondary school students to look at the planning issues in their local areas and to encourage them to consider town planning as a career. In 2020, more than 200 entries were received from young people across the UK, the largest gest number ever. Students were asked to pitch h a regeneration plan to a local council, setting out how the area should change and the issues planners would need to consider for the changes to be implemented eﬀectively. Entries needed to link, where possible, to the RTPI’s Plan the World We Need campaign. n. The winner in the 11 to 15 age group wass Anika from Cheltenham Ladies College who considered the rehabilitation of Central Park, in Maharani Bagh, New Delhi. She proposed an upgraded green space promoting interaction between people from diﬀerent backgrounds, and featuring a jogging track, garden amphitheatre and park pavilion.

In the 16 to 18 age group, top prize went to Jemma and Katherine from Thomas Gainsborough School, Suffolk. They proposed the redevelopment of a brownfield site in Sudbury into a sustainable shopping centre with solar panels and water features producing hydroelectric power. Wei Yang said: “The judging panel was bowled over by the quantity and quality of entries this year which made the task of singling out individual entries particularly difficult. en “The students’ long-term vision and innovative ideas impressed and touched all the judges. We saw a clear demonstration of their belief in planning as a way of making a positive impact on wider social and environmental issues, including tackling e inequality and meeting net-zero targets.” ineq Winning students will receive an Amazon voucher and RTPI certificate. The top students in each age group have also been offered an online skills workshop with a Chartered town planner. The Institute has also planted 15 trees, dedicated to the competition winners, in the National Forest.

Conduct and Discipline Panel decisions The RTPI Conduct and Discipline Panel has found four members to be in breach of the RTPI Code of Professional Conduct. The panel found Mrs Gill Makin of GM Planning Services of Devon to have breached the code and suspended her membership for a year. Mrs Makin admitted falsifying an ecology report that she submitted with a planning application contrary to clause 4 of the code with regard to acting with honesty. Following an appeal, Mr Peter Le Grys of Essex was found to have breached clause 14 by not acting with due care and diligence when

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submitting material to a local planning authority. When submitting a planning application, he made incorrect statements about connecting to the main sewer system, and then provided additional incorrect information about existing drainage fields. Both the panel and the Appeal Committee agreed that he should be reprimanded and named in the published report. In other complaints where a breach was found, the panel agreed that the members should not be named. A consultant member was found to have acted without due care and breached the

data protection regulations by forwarding an email containing private information to their client. They were warned as to their future conduct. A member working for a local authority was found to have not properly declared, on the correct form, hospitality he had received from developers active in the area. As the member was in a senior position they should have been aware of the required procedures and the perception of impropriety in not following them. The member was warned as to their future conduct. n bit.ly/planner0521-conduct

IN MEMORIAM It is with regret that we announce the deaths of the following members. We offer our sincere condolences to their families and colleagues. East Midlands David Copeland Graham Leigh-Browne East of England James Keir International John Robinson London Ann Burroughs Anthony Hall George Mercer North West John Pickles Terence Welch Scotland Elizabeth Henderson Gail Rae William Miller South East Alec Custerson Brian Lloyd Hazel McKay Malcolm Simpson South West George McDonic West Midlands Patrick Managhan Tracy Hubbard Yorkshire Jane Stimpson John Crook Simon Grundy

I M AG E S | RT P I

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G PLANNIN AHEAD

Key dates for 2021 12 MAY

The Planner Live – Powering up the North Through Planning

A stellar line-up of speakers (see images below) has now been announced for The Planner Live North, a one-day event looking at how opportunities can be created in our underfunded Northern cities to attract investment and drive sustainable business growth. Plenaries and breakout sessions during the day will look at topics including town centre resilience, community engagement, sustainable infrastructure, housing, active travel, design and low-carbon energy. The event will also feature speeches by Clive Betts, Labour MP for Sheﬃeld South East, and the Housing Minister Christopher Pincher Tickets start at just £75 for members. n For more information, visit bit.ly/planner0521-livenorth

MEMBER NEWS Congratulations to the following planners who were elected to Chartered membership of the RTPI on 9 February 2021.

East Midlands Benjamin Thomas Gibson Susan Heron Matthew Hilton East of England Richard Clews Matthew Lloyd-Ruck Hana Loftus Michael Pingram Glen Richardson International Tsz Lam Hei Lau Peter Wu Ireland Robert Nowlan

I M AG E S | RT P I

Speakers at The Planner Live North include (clockwise from top left) Mary Creagh (Living Streets), Jane Healey-Brown FRTPI (ARUP), Lord Kerslake (UK2070 Commission), Henri Murison (Northern Powerhouse Partnership), Dame Sarah Storey (Paralympian and Active Travel Commissioner, Sheﬃeld City Region), Bridget Rosewell (Northern Infrastructure Commission), Edna Robinson (People’s Powerhouse), Sarah Longlands (IPPR North) and (centre) Jane Meek (Carlisle City Council)

Book your place now for this year’s Minerals Planning Conference from 15 JUNE the RTPI and the Mineral Products Association. This year’s virtual conference will consider the importance of minerals in ‘Planning for a Green Recovery’. Tickets are £50 + VAT. For more details, visit www.rtpi.org.uk/mpc

London Cameron Banks-Murray Ollie Collins Oliver Eves Ross Fraser Oliver Froy Bethan Hawkins Dominic Lunnon Emma McCready Sinead McNestry Elizabeth Milimuka Hoi Lam Ng Michael Okubajo Ekaterina Proskurina Clara Rands Sandra Scott Stacey Swanson Megan Thomas Norma Worden-Rogers North East Harriet Frank Lee Fulcher Louise Wood Naomi Howard

Vida Maliene James Mercer Victoria Owen Northern Ireland Luke Vogan South East Bethan Davies Kathryn Gilbert Matthew Hewitt Kayleigh Mansﬁeld Katie McIntyre Catherine Miller-Bassi Chloe Sheehan Stuart Watson South East Scotland Conor MacGreevy Sinead Wanless South West Jacqueline Best Christopher David Cummings Georgia Goﬀ Katherine Nicholls Ella Phillips Gemma Vasselin Bethany Wells Verity Wood Wales/Cymru Alexander Melling Adam Provoost West Midlands Emily Berville Charlesworth Charlotte Dicks Naomi Perry Louisa Ward Yorkshire Alison Cheetham Helen Rice Lee Stoney Sophie Williams

North West Nicola Jones

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Reach out to our audience of membership professionals There’s never been a more important time to reassure the planning community that their skills are in need.

The Plannerr job board board offers offfers you an opportunity it to t attract tt t the th attention tt ti of a guaranteed, dedicated audience of membership professionals, and reassure them that you are still looking to recruit. Whether you have vacancies now, or will be looking to recruit at a later time, remind our readers what sets your organisation apart, and let them know your plans. You might also consider advertising in The Planner magazine, and ensure you are seen by the profession’s top-calibre candidates and kept at the forefront of their minds. Show them that you are here, your brand is strong, and your organisation needs them.

For more information and rates, contact us now on: T: 020 7880 6232 E: jobs@theplanner.co.uk p48-49_PLN.May21.indd 48

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Recruitment {

RECRUITMENT ADVERTISEMENTS To advertise please email: theplannerjobs@redactive.co.uk or call 020 7880 6232

ŝƌĞĐƚŽƌ Ͳ WůĂŶŶŝŶŐ ĂŶĚ WůĂĐĞŵĂŬŝŶŐ DĂŬĞ Ă ŐƌĞĂƚ ĐŝƚǇ ŐƌĞĂƚĞƌ A few of the exciting opportunities that theplannerjobs is advertising today

Planning Opportunities We would be interested to hear from candidates who have the required skills and are excited by the opportunities Dartford has to offer

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Area Planner role with a highly desirable organisation Salary: Negotiable Location: Central London

Planning Opportunities in Development Management, Policy and Enforcement Salary: £25,137 £48,819 pa

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Activities

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CONTENT THAT'S WORTH CHECKING OUT

A digest of planning-related material. Each month our work takes us around the internet in search of additional detail for our stories, meaning we invariably come across links to items we think you’ll ﬁnd educational, entertaining, useful or simply amusing. Here’s our latest batch – mouse over each item for more.

What’s caught our eye RTPI International Strategy 2021-2030 – launch event The RTPI’s International Strategy for 2021-2030 was launched by President Wei Yang FRTPI in March. It’s “centred on a vision of planning as a positive force for global sustainable development and is focused on a mission to empower members to lead the Institute’s action internationally”. (Read it in full at bit.ly/planner0521internationalstrategy) bit.ly/planner0521watchstrategy

Have I Got Planning News For You – Justin Welby In which the team of solicitors and barristers (introduced in this column last month) interview His Grace the Archbishop of Canterbury about the Church of England’s recent Coming Home report, commissioned to analyse the state of the housing crisis. It’s a compelling discussion with some excellent commentary. bit.ly/planner0521-welby

Guide To Planning Ecological Townships: Sustainability Performance Indicators And Planning Strategies Population growth and urbanisation have led to a proliferation of developments termed ‘eco-cities’ to attain a range of social, economic and sustainability goals. This book outlines the structuring of planning parameters for an evolved paradigm in ecological township planning. (out in November). ISBN: 9789814733533

Healthy Cities?: Design for Well-being People are now healthier and live longer than ever before, but other inﬂuences have contributed to noncommunicable health inequalities and poorer wellbeing for some. This book explores how the development of the built environment has contributed to problems and how the design of the places we live in may aﬀect healthy lifestyles. It’s all about creating Salutogenic Cities. ISBN: 9781848223301

RTPI Presidential visit to the North East Wei Yang RTPI ‘visited’ the North East to explore plore one of her themes for 2021 – new woodlands ds and forests – to coincide with the he UN's International al Day of Forests on n 21 March. With Richard Pow and d Victoria Bankes Price of the Forestry Commission and Tim MillerFay of Northumberland CC. bit.ly/planner0521-northeast

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LANDSCAPE

Friends, Families & Travellers Following our feature on p.26 this month, here’s the site of Friends, Friends Families & Travellers, the national charity working on behalf of all Gypsy, Roma and Traveller communities regardless of ethnicity, culture or background. A useful resource, FFT provides advice and consultancy, promotes health and wellbeing, and contributes to research and policymaking, and delivers training. Its strategic plan is worth reading. bit.ly/planner0521-traveller

Regional Planning in Post-Industrial Great Britain Keith Hoggart, emeritus professor of geography at King’s College London, explains how pre-1970s governance “suppressed rural prospects of housing improvement and created conditions for middle-class capture”. Original archival sources reveal “the intricacies of local and national policy processes, weak rural housing performances are shown to owe more to national governance regimes than local under-performance”. ISBN 978-3030626501

RTPI London: Young Planners’ Guide podcast A podcast created by young planners, for young planners, and with young planners in mind, discussing Covid-19 and other issues aﬀecting young planners. Described as “an audio newsletter for our members and fellow town planning enthusiasts”. Recent episodes have tackled carbon-conscious places and careers. Available on most podcast apps.

This Matters: Can Anyone Fix the UK's Housing Shortage? Something diﬀerent: an eight-minute video aimed squarely at younger voters in the 2019 UK general election, seeking to explain why the UK has a housing shortage crisis and what politicians were promising at the time. No punches pulled (“housing in the UK is a joke”) in what’s a short but well composed analysis from the perspective of future residents. s. bit.ly/ planner0521shortfall

Key Town Planning Tips (for ‘Cities Skyline’) This video is potentially highly addictive to planners, being a gameplayer’s ‘top tips’ for planning a city in the Cities Skyline, yline, a 2015 city-building game. Prepare to enter a bliss-like state as you watch h someone build perfect cities from scratch. You’ll killl for the comments, too; which planner wouldn’t want nt to hear the words “Dude, your builds are nothing shortt of amazing”? bit.ly/planner0521-skyline

What we’re planning What are the practical components of a zero-carbon strategy? That’s what Rob Shaw, managing director of Third Revolution Projects, will seek to answer in our June 2021 edition. We’ve also arranged to speak to planning minister Christopher Pincher and we’ll be looking at the planning of retirement communities.. For our June and July issues we’re also reporting on what sets the winning projects at the RTPI Awards for Planning Excellence apart from the rest.

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Book today rtpi.org.uk/training training@rtpi.org.uk + 44 (0)20 7929 8400 @RTPIPlanners #RTPICPD

View our brand new 2021 list of online masterclasses: rtpi.org.uk/training

Boost your CPD with interactive online masterclasses

40+ courses: • 8 new courses • Brand new How to succeed in your new job series for recently qualiﬁed planners

High-quality expert training for planning professionals PLN.MAY21.052.indd 2

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The Planner - May 2021

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