Enforcement matters….Part II

Planning & Design Practice, Enforcement, Planning Enforcement, Planning Consultants, Planning Consultants Derby, Planning Consultants Sheffield

In the second and final part of Director and Chartered Town Planner Richard Pigott’s introduction to the enforcement of planning control, he looks at the question of expediency.

Where a ‘breach of planning control’ has been identified, local planning authorities (LPAs) have discretion to take enforcement action, when they regard it as expedient to do so having regard to the development plan and any other material considerations. Clear examples of where it would be expedient to take enforcement action include:

• Unneighbourly land use – a few ago I was asked to look at a case where a landowner was using some agricultural land for motor car racing. Permitted development rights allow this to take place for not more than 14 days in total in any calendar year. It was clear, however, that the use was much more regular than this and that, furthermore, associated engineering works had also taken place without the necessary planning permission. The use was adversely affecting neighbouring properties in terms of noise and smells and there were also concerns about highway safety. There was a clear public interest in the council taking enforcement action against the landowner.

• New house in the countryside – in the now infamous case, a landowner, without planning permission, erected a new house in the countryside which was concealed behind a giant tarpaulin, a stack of tyres and a pile of hay bales. After 4 years of living there he removed the covers, believing that the building was immune from enforcement action. However, the local Council served an Enforcement Notice requiring demolition of the house because he did not have permission for it. Mr Fidler attempted to rely on the standard planning rule which gives immunity from enforcement action if a building operation has been ‘substantially completed’ for more than four years prior to the issue of the Enforcement Notice. However, an appeal Inspector held that the building operations included the straw bales and therefore that the building operations were not ‘substantially completed’ until removal of the bales. The High Court agreed with the Inspector and the Enforcement Notice remained in place. Mr Fidler was forced to demolish the building.

However, where the balance of public interest lies will vary from case to case.. In deciding, in each case, what is the most appropriate way forward, local planning authorities should usually avoid taking formal enforcement action where:

  • there is a trivial or technical breach of control which causes no material harm or adverse impact on the amenity of the site or the surrounding area;
  • development is acceptable on its planning merits and formal enforcement action would solely be to regularise the development;
  • in their assessment, the local planning authority consider that an application is the appropriate way forward to regularise the situation, for example, where planning conditions may need to be imposed.

Where invited to do so, it is normally in the landowner’s interests to submit a retrospective planning application so that they can regularise the breach if, for example, they ever came to sell the property but it would not be in the public interest to spend officer time and public money pursuing the matter.

The above provides a broad overview of enforcement matters. Should you wish to discuss any of the issues raised further, please don’t hesitate to contact us on 01332 347371 and we’ll be happy to advise.

Main Image: Reigate and Banstead Council

Nightlife – the changing night-time economy

As the nation moves away from retail high streets and old-school pubs and clubs, Graduate Planner Megan Askham looks at changing nature of the night-time economy, and the movement towards the modern regeneration of city centres with mixed-use developments taking hold, with a particular emphasis on Sheffield.

Since 2020, with the impact of a major pandemic, the closure of night-time venues and retail stores has been largely apparent in the UK. Around 30 pubs and restaurants close every day in the UK, meaning for every 3 venues closing only 1 opens its doors. Additionally, the boost in online shopping over the past two years has spurred the death of the High Street with minimal demand for shopping centres and streets within city centres.

Sheffield has shown significant losses of high street amenity and some of its major night-time spaces in recent years. The major retail sector in the city has been in slow decline since the opening of, the out-of-town shopping centre, Meadowhall, in 1990. However, since 2020 two major department stores in the centre of the retail district in the city have closed their doors, leaving two large, vacant buildings in the heart of the city. In addition to this, most retail stores have moved towards the Moor, through the regeneration scheme by Sheffield City Council and leading investors, leaving Fargate in decline. This has led to the supply of funding from three main sources: Future High Streets Fund; Get Britain Building Fund; and the Heart of the City, for the regeneration of the retail core into mixed-use developments. A mixed-use development combines three or more uses across various levels or within open space, they are flexible to adapt to changing needs and have excellent connections to infrastructure.

Firstly, the Future High Streets Fund of £675 million has invested £15.8 million into Fargate and High Street with an aim to renew and reshape city centres in a way that drives growth, improves experience and ensures future sustainability. Within Sheffield, there is an aim of transforming the main streets into a sustainable, social hub with landscaping, green planting, seating areas and lighting with work beginning in early 2023. A major example of this is the Grey to Green scheme, designed with climate change, well-being and economic investment in mind, introducing pocket parks along Fargate. This is already in place along West Bar and Castlegate in the form of Sustainable Urban Drainage Systems (SUDS). These are excellent examples of green infrastructure within the city due to the softening of grey streets and increase in urban biodiversity.

Events Central is a mixed-use development opening on Fargate in 2023 as part of the Future High Streets Fund. It is a five-storey community hub for entertainment, culture, art, performance, co-working and events with sustainability as a key component within the low-impact space. The licensed 200-capacity music venue in the basement is proposed to attract more than 110,000 visitors a year with major international events.

Secondly, the Heart of the City development within the city is a £470 million scheme funded by Sheffield City Council over 7 hectares of land in a phase by phase approach. Within Part II of the scheme, Block H2, Cambridge Scheme Collective, comprises a mixed-use heritage development consisting of a food hall, independent restaurants, a cookery school, a broadcasting studio and space for pop-up events. This block features some of the most interesting historic buildings within the scheme, using the façades to bring Sheffield’s heritage back to life through redevelopment.

Thirdly, Get Britain Building is a government grant secured through the South Yorkshire Mayoral Combined Authority which has invested £300,000 in the development of the recently opened Steel Yard on Fargate. This is a shipping container development which creates a more sustainable alternative to brick and cement due to the availability of steel, they are commonly used for mixed-use schemes and provide an alternative design to other city centre architecture. This consists of a 426sqm container hub with street food outlets, a bar, shops, a big screen for sports events and much-needed city centre public toilets with outdoor seating and green, living walls. These have only recently opened in October 2022, with hopes to be the location to watch England win the World Cup in December.

Finally, with the changing night-time economy, more fun businesses and local events have become more evident. These include independent businesses and events with monthly food and street markets throughout the city, such as Peddler Night Market and the Quayside Market. Also, temporary seasonal markets along Fargate help to bring life to the city centre at Christmas and throughout the year with Sheffield Food Festival and Continental Markets in various months. Additionally, the impact of “booze and ball games” has been evident nationally with fun bars popping up in major cities changing the dynamic of bars. In Sheffield, there has been the opening of Roxy Ballroom, Boom Bar and Lane 7 within the heart of the city providing fun activities to provide a variant to pubs and nightclubs.

The investments into the night-time economy in Sheffield from outside sources creates exciting potential to create a modern, vibrant city with conglomerations of mixed-use schemes providing variety for people visiting the city centre at night time. It will be intriguing to witness how further investments into mixed-use schemes can greatly enhance the remaining forgotten areas of Sheffield City Centre.

Megan Askham, Graduate Planner, Planning & Design Practice Ltd

Main Image: Artist’s impression of the plans for Fargate shipping containers.

Urban design has a key role in tackling climate change, in making future places more robust to withstand the impact of climate change and adaptable as conditions change. We have a talented group of planners and urban designers who can work with you to create outward looking inclusive designs which will be supported by Local planning Authorities. For more information, and a no obligation consultation to discuss your project, please contact us on 01332 347371.

Barn conversion -Class Q explained

PDP_Class Q Explained

In the world of planning there are two ways to obtain permission to convert a barn to a house. One is through the submission of a full planning application to your Local Planning Authority. The second is through exercising permitted development rights which involves submitting a Prior Approval application to your Local Planning Authority. In both instances an application is required but they are assessed against different criteria depending upon which route you take. Chartered Town Planner, Michael Bamford guides you through both options.

Class Q – the permitted development right to covert your barn to a dwelling

The Permitted development rights (which is commonly referred to as Class Q) is the right to convert agricultural buildings into homes as a matter of principle has been with us since 2014.

Permitted development (PD) is the right of an owner to develop his or her land within limits prescribed by a piece of legislation known as a General Permitted Development Order. The point of the order was originally to allow minor developments to go ahead without having to go through the planning application process. For example, small extensions to houses and simple changes of use for example changing a pub to a restaurant or a bank to a shop.

In the interest of simplifying the planning system and boosting the supply of houses, the government extended PD rights to include the right to change agricultural buildings to homes. Originally proposed as a temporary measure, this has since been made permanent.

To use these rights an application has to be made to the Local Planning authority to confirm that the development proposed fits within the limits set out in the General Permitted Development Order. This requires an application, a set of drawings and either a supporting letter or report.

Converting an enclosed modern shed in the middle of the countryside to up to 5 dwellings generally does not accord with Local Plan policies and as such is met with opposition by many councils. As such, in most cases an application is carefully scrutinised to make sure it fits the criteria.

Since the permitted development right was introduced, there have been several notable appeal decisions which have altered and clarified how Class Q applications should be dealt with by an Authority. The two key one’s address ‘what amounts to conversion’ and ‘establishing a fallback position’.

The question of whether a development is conversion or not was considered at length. The high court judge held that there is a conceptual difference between a “rebuild” and a “conversion” and that the concept of “conversion” introduces a discrete threshold. His reasons include the fact that the concept of conversion is found in the overarching provisions of Class Q. In this case the judge considered it inappropriate to look to the dictionary when seeking to define the distinction as the permitted development rights were drafted for a professional audience and the distinction should be understood in a planning context.

The result of the appeal is a test of whether or not the building operations amount to conversion or ‘fresh build’. Unfortunately, this is considered on a case-by-case basis and there is no set rule on how to define ‘fresh build’. Whilst this has introduced an additional consideration for many authorities (who weren’t previously giving the question too much attention) it does in some ways clear up where the line is.

The other notable appeal decision has underlined the ability of Class Q to represent a ‘fallback position’. This simply means that where a site can be developed through the exercise of Class Q permitted development rights then the planning authority must take this into consideration when dealing with an application for full planning permission. Whilst this seems logical it has not always been the case and in reality, means that applicants are no longer entirely bound by the stringent rules that surround Class Q development (such as works that extend the external envelope not being permitted).

If a Class Q prior notification application is approved the applicant has three years to complete the conversion. With a planning permission the applicant has 3 years in which to start the conversion and once started can take as long as it takes to complete it. A full planning application would assist overcoming this strict and very tight build schedule.

Converting your barn through a Full Planning Application

The other option is to submit a full planning application. When your building is located within a Conservations Areas, Area of Outstanding Natural Beauty (AONB) or National Park Class Q cannot be used, as it is not allowed in these locations.

The majority of Local Planning Authorities have polices in place which support the conversion of former agricultural buildings to houses but are generally caveated to only allow traditional buildings such as stone or brick as they are considered to have a valued architectural style and be worthy of protection within the landscape.

Many of these buildings have the potential to provide habitat for protected species such as bats and as such, it is advisable to seek the advice of an ecology consultant early in the design process and certainly before applying for planning permission. There is a limited time of year where surveys can be carried out for bats (May – September) and as such in the worst case scenario you can be left waiting over 6 months before you can get a survey.

These types of building can provide stunning homes and in many instances, people want to work with the existing character and simply provide some glazing (usually in the former barn door area) and a few new windows. Other than that, the style of the building remains largely intact. This is something that many local plan policies are supportive of, and it is best to bear this in mind when considering the design. It is possible to extend an existing, traditional barn but this can be difficult and, in my opinion, the best place to start is with the existing building and work with the spaces that this allows for rather than attempting to remould your barn into a different layout.

In both cases (Full planning and Class Q) the structure of the building is key. If the building is largely derelict then you will have a very difficult time in obtaining any kind of consent to convert it into a home.

Barn Conversion have been with us for many years and have gained in popularity since the 1990’s. There are now many examples of these unique, homes up and down the country. Each with its own character. Working with either a ‘modern’ or traditional barn can both yield spectacular results when approached in the right way. The key is to work with the building and its context to produce something that is unique to that particular site.

We have vast experience of working on barn conversions both via full planning and/or prior approval (Class Q) application routes. For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch on 01332 347371.

Michael Bamford, BA (Hons) MPlan MRTPI, Director – Chartered Town Planner, Planning & Design Practice Ltd

Heritage principles inspire future design

PDP_Design

Our Director Jon Millhouse, a Chartered Town Planner and a Full Member of the Institute of Historic Building Conservation, and our Heritage Assistant Ruth Gray were recently invited to discuss conservation principles with L6 students from the BA (Hons) Interior Design programme at Derby University, Britannia Mill. For their final year project, the students are tasked with developing design ideas to bring Friar Gate Railway Warehouse back to life and develop a scheme which will restore one of the city’s most iconic historical buildings.

The Grade II listed Railway Warehouse was built for the Great Northern Railway, at their Friargate Station, in 1877-8 by Kirk & Randall of Sleaford. The Warehouse has been subject to a great deal of vandalism over the years, including numerous arson attacks and is now in an extremely derelict condition. Fortunately, Clowes Developments, owners of the Friar Gate Goods Yard and surrounding land running from Friar Gate, Uttoxeter New Road and Great Northern Road have been collaborating closely with local authorities and professional advisors to secure a viable future for the historical landmark. L6 students will also get the chance to display their ideas.

Before the students can begin to develop designs, they must consider the heritage value, significance of the buildings and the setting to ensure that any designs are in line with the National Planning Policy Frameworks conservation principles set out below:

  • archaeological interest: As defined in the Glossary to the National Planning Policy Framework, there will be archaeological interest in a heritage asset if it holds, or potentially holds, evidence of past human activity worthy of expert investigation at some point.
  • architectural and artistic interest: These are interests in the design and general aesthetics of a place. They can arise from conscious design or fortuitously from the way the heritage asset has evolved. More specifically, architectural interest is an interest in the art or science of the design, construction, craftsmanship and decoration of buildings and structures of all types. Artistic interest is an interest in other human creative skill, like sculpture.
  • historic interest: An interest in past lives and events (including pre-historic). Heritage assets can illustrate or be associated with them. Heritage assets with historic interest not only provide a material record of our nation’s history but can also provide meaning for communities derived from their collective experience of a place and can symbolise wider values such as faith and cultural identity.’

Jon delivered a PowerPoint presentation to the students that explained how each of these principles effect the decisions that are made with respect to developing a site that has some aspect of heritage significance or value in order to avoid or minimise harm to them. Jon described how at the early stage of planning a project, using a heritage specialist can help to identify limitations and opportunities arising from the asset, thus avoiding costly mistakes. He went on to explain how a heritage report, statements of significance and heritage impact assessments can identify alternative development options, for example more sympathetic designs or different orientations, which will both conserve the heritage assets and deliver public benefits in a more sustainable and appropriate way.

The students were particularly interested in where they would start to find out the necessary information for their Friar Gate Goods yard Project and Ruth explained how she uses a combination of Historic England listing descriptions, Historical Environment Records, historic maps and historical documentation to gather the evidence of what is significant or not about a building or site as well as what impacts any development may have on the wider setting of the site.

Jon and Ruth are certainly looking forward to seeing the students’ projects progress and will be returning to see the outcomes.

At Planning & Design Practice, we recognise the importance of the built heritage in our towns, villages and rural areas. As well as Our Heritage team includes Director Jon Millhouse, who is a Full Member of the Institute of Historic Building Conservation, Architectural team leader Lindsay Cruddas, a registered Specialist Conservation Architect and Heritage Assistant Ruth Gray who recently completed a Masters in Public History and Heritage at the University of Derby. For more information on the heritage services we offer, or for a free, no obligation consultation to discuss your project or property, please don’t hesitate to get in touch to find out how we can help on 01332 347371.

Class Q planning appeal success in the High Peak!

Discharge of Planning Conditions HIgh Peak

Planning & Design Practice successfully overturned a decision to refuse Prior Approval for the change of use of an agricultural building to a house in Chinley, High Peak, Derbyshire, under Class Q of the General Permitted Development Order (GPDO).

An appeal Statement of Case was prepared by Planning & Design Practice Planning Team on behalf of the Appellants against High Peak Borough Council’s decision to refuse the application. The Council resolved to refuse planning permission for the proposed development under delegated powers following reasons:

1) The proposed change of use would, based on the submitted Structural Report dated 10th February 2022 which contains a schedule of demolition and construction works and proposed plans, amounts to a “re-build” as opposed to a “conversion” within the context of the ‘Hibbit’ High Court Judgement (2016) and as such does not a form permitted development under Schedule 2, Part 3, Class Q of the General Permitted Development Order 2015 (as amended).

2) Notwithstanding the fact the proposal does not comply with Part 6, Class Q, Paragraph A.1 of the GPDO the proposed change of use would result in a poor and unacceptable form by design, by virtue of retaining the visual appearance of an agricultural building as domestic dwelling which would include concrete profile sheeting which is wholly inappropriate for its intended use. The introduction of domestic fenestration and glazing would result in an odd contrived contrast with the external materials resulting overall in a design and external appearance that would be harmful to the character of the rural landscape, contrary to Local Plan Policies S1, EQ2, EQ3 and EQ6, the ‘High Peak Landscape Character Assessment’ SPD (2006), High Peak ‘Residential Design Guide SPD’ (2018) and relevant paragraphs under Chapter 12 of the NPPF; thus resulting in an unsustainable form of development, contrary to Local Plan Policy S1a and paragraph 11 of the NPPF.

We believe that High Peak Borough Council had taken an unnecessarily narrow approach to defining the scope of work that can be reasonably expected to convert an agricultural building to a residential dwelling through the misinterpretation of Q.1(i) and Q.2-(1)(f) of the Town and Country Planning (General Permitted Development) (England) Order 2015 and has over extended the procedure outlined in Paragraph W of the Town and Country Planning (General Permitted Development) (England) Order 2015 with regard to the design and external appearance of the existing building and the proposed conversion.
With regard to the associated building operations ‘reasonably necessary’ to convert the building the Inspector found that the building would be capable of conversion to a dwellinghouse without necessity for extensive new/re-build.

With regard to the resulting appearance of the proposed conversion the Inspector found contrary to the Council’s position, the proposed development would not appear prominent or cause undue harm to the character and appearance of the wider sur-rounding area.

The Inspector resolved to grant the appeal and allow the conversion of the building under Class Q of the GPDO.

Class Q conversions are something Planning & Design Practice Ltd are well versed in, having helped lots of clients imagine and realise their dream homes.

The permitted development right legislation is a notoriously complicated and complex issue with many Planning Authorities. We have vast experience of working on rural projects for homeowners, landowners and farmers in including barn conversions (both via a planning application and Class Q).

If you have had planning permission refused or would like to discuss your options or chances at appeal, please get in contact for a free no obligation discussion on 01332 347371 or enquiries@planningdesign.co.uk.

Andrew Stock, Associate Director, Planning & Design Practice Ltd.

Encouraging emerging talent – Work placements at Planning & Design

PDP_Work Placements

Planning & Design Practice are proud to have an ongoing tradition of encouraging and supporting emerging talent, having offered a number of work experience, work placements and graduate opportunities over our twenty years in practice.

In September 2021, Matthew Kempster a student at the University of Derby studying Architectural Technology, joined us for a yearlong work placement to gain on the job experience of life as part of our approachable and experienced team of RIBA Chartered Architects and architectural assistants.

Having just finished his second year he joined us as a member of the architectural team, and the opportunity to work on a wide range of new and exciting projects. As his placement comes to end, and he returns to university to complete his studies, Matthew reflects on his time with us and the experience he has gained.

“Now that my time at Planning & Design Practice is coming to an end, I thought this was a great opportunity to look back over the past 12 months and the lessons I have learnt, and the impression this will have on my further academic studies.

In early 2021 I was given the opportunity to work at Planning & Design on a year’s paid placement. Money aside, this was a really exciting opportunity for me, up until this point I had had no real-life experience in an architectural practice and was eager to gain some first-hand knowledge.

I joined as part of the Architectural team. I was greeted by the friendly team who welcomed me into the company with open arms and I started working on a wide range of interesting projects that comes into the practice.

One type of project that Planning & Design are particularly know for, are their Class Q barn conversions. I was fortunate enough to have the opportunity to be involved on two such projects during my time at the practice. These projects are really interesting to work on from a design perspective as the existing structure and framework of the barn has to be considered carefully when designing the proposal. The restrictions of the Class Q application itself can also form constraints during the design process, including, restrictions on extensions of the barn outside of the existing fabric or limits to the amount of demolition to the existing structure. The idea of these limitations is to maintain the character of the existing barn during the process of conversion from agricultural use to a home. Working with these wide range of considerations can result in some eye-catching designs for buildings that would otherwise be left to fall into disrepair in the countryside.

Working at Planning & Design has enabled me to learn a lot on a wide range of different areas due to the practices large range and depth of specialisms, which for me has been a brilliant learning experience. One of possibly the biggest areas of learning for me has been how planning can influence the design and a project as a whole, after all without planning a project cannot be realised. These benefits come from Planning & Design’s business model of having experienced planners and senior architects under the same roof. The company also have a heritage team, which I have had the privilege to work with and learn so much about the fascinating histories of the buildings we have worked on and how they are being redeveloped to enable them to be used for generations to come.

Going forward I am going to be finishing my studies at The University of Derby and after that we shall see what the future has in store for me!”

For more information on our practice, and our work and to hear first about opportunities to join our team including work placements, follow us on social media and sign up to receive our Monthly Newsletter.

Exceptional architecture in our everyday lives

PSP_Exceptional Architecture

Lindsay Cruddas, our Architectural Director and RIBA accredited Specialist Conservation Architect, discusses the breadth of architecture we undertake here at Planning & Design Practice, and looks at the ways in which architecture can make exceptional impacts in our everyday lives.

Whilst we have had a design team offering architectural services within the offices of planning & Design Practice for a number of years, and RIBA Chartered architects working here, we obtained RIBA Chartered Practice Status earlier this year. The RIBA badge demonstrates the level and quality of the design service that we can provide.

We are currently working on a wide variety of projects at present including small scale residential developments of 10-15 houses with developers to one off bespoke dwellings for private clients, small scale industrial units through to expanding small commercial premises.

Personally, I am working on a new house in the grounds of a listed building, ensuring that its impact upon the heritage asset is minimised. I am also working on an extension to a C17th dwelling in the conservation area.

My passion for built heritage drives my career and I have extensive experience working in residential design. I have always been fond of old traditional stone barns, particularly those found in Staffordshire Moorlands constructed from Hollington stone. Using my experience in heritage and residential design I have being able to create new uses for them such as homes, office spaces and farm shops, helping to create 21st century uses for these heritage assets.

Maintaining and repurposing our built heritage does not mean that we need to be pastiche with our design, but we need to respect it and complement it. I believe the best extension is one that is honest and designed of a building of today. A conservation officer once told me, as a new part II architectural assistant, to use honest materials and that has stood true and is a philosophy I still use today.

One of my favourite architects is American architect Richard Meier. I was fortunate enough to be in Rome on a study trip in 2006 when one of his buildings was being constructed for the new setting for the Ara Pacis, a sacrificial altar dating back to 9 B.C. His design showed how a building of today’s time, can complement, and enhance the historical fabric and remain legible for generations to come.

This project could have been a warehouse accommodating the altar; however the client saw the benefit of hiring an architect and making the building a beautiful space to be in, with consideration paid to a person’s arrival and journey through the building; the building itself became a destination.

Architecture can really improve our quality of life. It starts with a site location and the client’s brief and requirements. This does not just mean the bespoke house for the individual client, but it can be a community land trust, a house builder, the local authority or a housing association.

Architecture can also create real value; a well designed home in a well-designed neighbourhood can make us feel good about our lives, it can affirm that we are providing for those who depend on us, and it can make us happy. Good design makes the best use of space and it makes the most of natural light, it links the inside environment with the outside. It functions; not just for the young and the able bodied but for everyone. It accommodates the needs of the young and the elderly with the challenges of climate change. Architecture must also use resources prudently to minimize CO² emissions but create a robust home that is resilient and increasingly a home that generate its own power.

In our ever-increasing digital age, Architecture also means strong appeal on Instagram and other social media platforms, with striking and unique images generating debate and acting as a showcase for new work and new practitioners. With an estimated one billion people using Instagram every month, content is king and architecture is accessible to the general public as never before, creating trends and influencing how we perceive and experience our built environment.

Lindsay Cruddas, Director & Specialist Conservation Architect, Planning & Design Practice Ltd.

We believe that good design is a crucial part of the planning process. Getting the design of a project right is critical to gaining a successful planning consent and avoiding unnecessary delay and costs.

Our team of RIBA Chartered Architects and Architectural Assistants have a wealth of experience working with homeowners, developers and the public sector.

For more information on our work and our team, or for a no obligation consultation to discuss how we could help you, please get in touch on 01332 347371 or email enquiries@planningdesign.co.uk.

Main Image: Courtesy of Richard Meier & Partners Architects, Roland Halbe, Arch Daily

Class Q success creates new homes

PDP_Class Q Success

Planning & Design Practice celebrate another Class Q success, having secured planning permission to convert a large, modern agricultural building to provide two new dwellings, and a swimming pool as part of a wider plan to redevelop a farm they are associated with. The site lies in Staffordshire, a rural location with views to the surrounding countryside.

The rationale for converting the barns was driven by a desire for our client to live on site and provide a dream home for multi-generational living. As the client was familiar with our work as barn conversion specialists and barn conversion architects, we were asked to prepare and submit a full planning application to address more detailed design concerns, including the internal layout and materials for the barns, as well as alterations to the access and improvements to parking arrangements. They purchased the site with the intention of converting the building and we have worked hard to realise the dream.  

The process started with a Class Q application which worked within the size parameters allowed under the legislation. The Council approved the application after we were able to demonstrate that the conversion of the barns to dwellings was wholly within the legislative criteria. Class Q had to be the starting point for the project as it is less restrictive than local plan policies on the type of building that can be converted. This provided us with a ‘fallback’ which secured residential use. When converting the building under Class Q, we are limited in the extent of external alterations we can make to a building. The Class Q permitted development right only permits those works which are reasonably necessary for the conversion of the building. The key to the aesthetic of these buildings is that you work with the fabric of the existing building, to protect and enhance its agricultural character even once it is in use as a dwelling.

Following approval, we set to work designing the home to meet all of our client’s needs, which wouldn’t be possible under Class Q. The western elevation of the building is proposed to be fully enclosed to provide a pool area, accessible by both properties. The previous Class Q scheme omitted this section of the building, leaving it vacant for future use. The proposed dwellings and pool area will be heated via a ground source heat pump. In addition to this, the building will have solar panels sited on the East facing roof slope. Both of which go beyond the scope of Class Q.

Externally, the proposed design is not significantly different from the approved Class Q. The ridge of the north elevation of the building is proposed to be raised to provide a more coherent roof form. Externally the timber cladding combined with the use of reclaimed, local brick to externally clad the building will ensure that the proposed development is more in keeping the character and appearance of the area and represents a significant improvement on the existing block work and sheet cladding.

The proposed internal layout of the barns was designed to provide future occupiers with a comfortable and practical new home. One barn will have three bedrooms and the other will have four bedrooms, both will have open plan kitchen living dinning space which include a significant amount of natural light to enter the building via a double height space they will give a real sense of openness within the budling, and frames view out into the surrounding countryside.

We are excited to see works progress on site which have already begun.

We have vast experience of working on barn conversions both via full planning and/or prior approval (Class Q) application routes. For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch.

Image of the existing agricultural building.

Derbyshire Historic Buildings Trust to save the country’s oldest railway station

Derbyshire Historic Buildings Trust

In September 2022, the team at Planning & Design Practice were lucky to be invited to tour Wingfield Station, the flagship restoration project for the Derbyshire Historic Buildings Trust. Here, Lucy Godfrey, Project Co-ordinator for Derbyshire Historic Buildings Trust discusses the rich history of the station and the Trust’s labour of love to preserve and restore the station.

Wingfield Station, in South Wingfield near Alfreton, was built in 1839-40 to the designs of Francis Thompson. It forms part of a series of railway structures built for the North Midland Railway, which was designed by two of the most important and influential engineers of the railway era, George and Robert Stephenson.

The line is considered to be one of the best preserved examples of the pioneering phase of railway development in England, and Wingfield Station thus forms an early, rural railway ensemble of outstanding interest.

It’s the sole survivor of Thompson’s notable sequence of picturesque stations between Derby and Leeds. It is a subtly proportioned building with a delicacy of detailing that was greatly admired by contemporary commentators, who appreciated its refined architectural qualities.

Also sitting within the grounds of the Station is the Grade II listed contemporary station master’s house and the slightly later Parcel Shed building.

Wingfield Station had been in private hands and at risk for many years. In 2015, thanks to the considerable efforts of the South Wingfield Local History Group, it was afforded Grade II* listed status in recognition of its national significance. Only 8% of all listed buildings are designated Grade II* or Grade I.

Despite the dilapidated state of the Station, because it closed in the 1960s, it had not suffered the extensive modernisation that many other old stations have. As such, it is a remarkably rare, unaltered example of an early station building.

Since 2015 Historic England had assisted Amber Valley Borough Council in its discussions with the owner. When it became clear the Borough Council had to use its legal powers to get the building repaired, Historic England stepped in to provide technical advice and grant funding.

Historic England also encouraged the Derbyshire Historic Buildings Trust (DHBT) to work up a conversion project and secure finance in order to take on the building. A Compulsory Purchase Order was approved by the Secretary of State and Wingfield Station passed to the DHBT in December 2019.

DHBT secured initial development funding from the National Lottery Heritage Fund in order to undertake the necessary design development and surveys that were necessary for converting the site to office use.

In 2021 the DHBT got a further boost when Historic England awarded funding via their ‘Repair Grants for Heritage at Risk’ scheme. This enabled the DHBT to appoint a conservation contractor to undertake urgent repairs and ensure any further loss and damage to this significant building was mitigated.

This phase of work required considerable liaison with Network Rail, due to the close proximity of the live railway line to the works. Derbyshire contractors, ASBC Heritage and Conservation Specialists, began work in October 2021, with one of their first tasks being the erection of scaffolding on the trackside elevation of the building. This work had to be completed within a specified period of time during a Saturday night/Sunday morning when Network Rail were able to grant them ‘possession’ of the track.

In June 2022 ASBC completed the urgent repairs, which primarily focused on repairs to the trackside elevations, the roof and chimneys of the Station and the roof of the Parcel Shed. Just prior to Practical Completion, DHBT received the welcome news that they had been successful in securing a £667,000 grant from The National Lottery Heritage Fund, meaning that the restoration project can be completed and a sustainable long-term use of the building as office space can be secured.

This phase of the project will provide meaningful heritage training and skills development opportunities as well as encouraging people to learn about, share and celebrate their heritage.

Alongside an 8 week public opening period, a range of planned activities will be delivered at Wingfield including a volunteer programme, public events and wildlife conservation initiatives. On-site interpretation will include recreating the 72 miles of the original North Midland Railway from Derby to Leeds on the existing granite sett roadway, with station markers at appropriate intervals. Following occupation, the offices will be open to the public for at least 6 days each year and the grounds will be accessible at all times.

As the final capital works are not set to commence until 2023, the DHBT team are planning a number of free public tours of the Station – the next ones are at 11am and 2pm on the 12th October. For further information about Wingfield Station and to book a place on a tour, please head to the DHBT’s website or follow them on social media @dhbtrust

The DHBT have also launched a ‘Friends of Wingfield Station’ scheme to help them raise the £250,000 required to ‘match fund’ the Heritage Fund award. You can support this project from as little as £1.50 a month and play an important part in securing the future of this significant building, described by the industrial architect, Christian Barman, as ‘one of the most perfect of all station houses’.

Wingfield Station from September 2021 – prior to works commencing.
A comparison showing progress to date.

Planning Permission in Conservation Areas

PDP_Conservation Areas

Learn more about the restrictions and opportunities around planning permission in conservation areas with Planning & Design Practice.

Thinking of buying or altering a home in a conservation area? This can be a tricky process, so it’s best to consider any alterations you might want to make before proceeding – this helps to avoid costly clashes with the Local Planning Authority.

Keep in mind that such alterations have to be for the collective good of the area rather than solely to suit your own preferences. But what are conservation areas? What are the restrictions that you need to be aware of? We set out some of the key facts below:

What is a Conservation Area?

Generally speaking, a conservation area is a valued place, significant to the local area. They are found in most local authorities, but you might not necessarily assume that a building or area is protected. First introduced in 1967 under the Civic Amenities Act, there are now around 10,000 conservation areas in England, including:

  • Historic centres
  • Country house estates
  • Green areas
  • Wildlife areas
  • Industrial areas
  • Transport environments
  • Modern housing estates

How Are Conservation Areas Designated?

The designation of conservation areas is usually organised by the Local Planning Authority (LPA). The Secretary of State for Digital, Culture, Media and Sport can also designate anywhere in England where an area is of more than local interest. In London, Historic England can also designate an area.

Before an area is designated, the LPA carries out an appraisal. This may include a photographic survey of all buildings and key features of the area. After designation, an ongoing management plan is drawn up to review the conservation area and ensure its preservation. The plan also ensures the enhancement of the area as part of its duties under the 1990 Listed Buildings and Conservation Act.

Planning Permission in Conservation Areas – Opportunities and Restrictions

Restrictions

It is worth noting, the property rights of owners of buildings located in a conservation area are restricted. All properties within a conservation area are required to have this recorded as a local land charge.

Residents and businesses in a conservation area need to know they may need permission from the Council before making alterations to items such as windows, doors or adding extensions. Conservation area designation also affects work on or the removal of trees – this must be assessed for its contribution to the area’s character.

Owners should also be aware that it is a criminal offence to demolish a building in a conservation area without planning permission. Additionally, they should be aware that the Council can issue Article 4 directions to an area that allows the Council to remove permitted development rights in order to ensure that particular features of an area or property are protected and not lost.

Opportunities

These restrictions also pose great opportunities for owners and the local area. For example, research carried out by English Heritage found that ‘designation status brought with it certain standing that helped to maintain and even improve property values and, where new developments are taking place within a conservation area, planning officers have greater powers to guide the development paying much more attention to design. This rarely happens outside of conservation areas due to lack of staff.’

An example of this was seen during a recent Planning & Design Practice visit to The Park Estate in Nottingham. This is an area that almost lost its distinct character because of mid-twentieth-century infill developments in between the historic original houses. The designation as a conservation area has subsequently preserved and enhanced the area with all new developments now being of a high standard.

Additionally, the Heritage At Risk Register identifies and lists conservation areas that are deteriorating, or are in very bad or poor condition as “at risk”. These areas are typically not expected to change significantly in the next three years. Historic England works with such areas to improve buildings and the general environment to help the area thrive. A great example of this was the city of Derby in 2009.

In 2009, Derby was designated “at risk” and added to English Heritage’s At Risk Register due to having the highest shop vacancy rate in the UK. Derby has sixteen conservation areas and is a city full of historic interest and architectural merit. However, it topped a national table of struggling towns and cities, with nearly a quarter of its shops lying empty, and many in disrepair.

Historic England started working with Derby City Council and the private sector to refurbish properties and restore the city’s local historic character. Having designated status has meant that partners were able to work together in the scheme to make a difference to the city as a whole. Derby has since created a vibrant and pleasant place for work, shopping, leisure and living, with numerous schemes planned to continue this work into 2024 and beyond.

Key Takeaways

Heritage planning can be a long and complex process, but the key is to work with the Local Planning Authority and seek expert advice. We always recommend taking a heritage-first approach to planning any changes to a property or area of land within a conservation area. It’s also important to remember that enhancing a small part of it is not only great for yourself, but also for the whole community.

At Planning & Design Practice, we recognise the importance of the built heritage in our towns, villages and rural areas. Our Heritage team includes Director Jon Millhouse, who is a Full Member of the Institute of Historic Building Conservation, Architectural team leader Lindsay Cruddas and Heritage Consultant Ruth Gray who recently completed a Master’s in Public History and Heritage at the University of Derby.

For more information on the heritage services we offer, or for a free, no-obligation consultation to discuss your project or property, don’t hesitate to get in touch to find out how we can help on 01332 347371.

How Can We Help?

FAQs about Planning Permission in Conservation Areas

In conservation areas, home or building improvements can be somewhat more difficult than in non-protected areas. Some of the things you’d need to apply for planning permission for include:

  • Extensions
  • Cladding
  • Painting the facade or changing the colour of window and door frames
  • The construction of any outbuildings, sheds or swimming pools
  • Installation of chimneys, flues or vents at the front of the house, or on any sides that face the road
  • Installation of satellite dishes or antennae that face the road
  • Fitting solar panels
  • Replacing original features like windows and doors
  • Altering the guttering or pipes
  • Felling trees and shrubs

Buying a property in a conservation area comes with pros and cons. You should be aware that it would likely be more expensive to have work done to a property in these areas as works often have to match original features. In some cases, original methods must also be used.

However, being situated in a conservation area usually boosts the value of your home as it is often deemed a desirable area.

Have a question? Give us a call on 01332 347371 or get in touch at enquiries@planningdesign.co.uk and our team will be happy to help.

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