Derby Archives - Page 3 of 12 - Planning Design Ltd

Section 73 Planning Success

17th March 202325th January 2023 by Gary Stringer

Our planning team have recently gained Section 73 approval at planning committee for our client Meadowview Homes , which will allow for amendments to the approved house types at a development at Highstairs Lane, Stretton, in Derbyshire.

The site in Stretton previously gained permission for a new housing development of 28 dwellings in 2015 through an outline application and subsequent reserved matters applications. Meadowview Homes have since purchased the land from the previous developers and wished to amend the approved applications to include their own house types, whilst adhering to the layout and principles of the previous approvals. We came to the conclusion that two Section 73 applications, on the approved reserved matters applications, was the most efficient and appropriate approach in this scenario.

The proposed house types include a mix of two-story semi-detached, detached and terraced dwellings, which have been designed to reflect local traditional details. These include a range of 2- to 5-bed roomed dwellings, which provides a range of accommodation that adds to the housing choice within the village. The proposal also offers additional protection compared to the previous scheme with regards to the Root Protection Areas of retained trees to the west of the site.

For a Section 73 all the following conditions must be met:

The site boundary is not changed
The siting, landscape, scale, and height is not significantly changed
The use is not changed.
The appearance is not adversely affected.
The change is compliant with local planning policy and with the conditions attached to the original permission.
Changes to windows or other openings that do not impact on neighbouring properties.
The interests of parties consulted about the original application are not disadvantaged.

Throughout the application process, we worked closely with the Council to ensure a positive outcome for our clients. Our planners have worked in the public and private sectors, and have excellent working relations with Local Planning Authorities as was demonstrated in this case.

Planning & Design Practice is a multi-disciplinary team of Town Planners, Architects, Architectural Assistants and Design Professionals. We can take a project through from inception to completion but we also offer the flexibility to engage a client’s own architects and provide a planning service, whilst our design team can also work with clients who have engaged other town planning professionals. We have extensive knowledge about the policies and procedures of individual councils and the approach taken by planning officers and Councillors.

For a no obligation consultation to discuss your project or property, please get in touch on 01332 347371 or by email at enquiries@planningdesign.co.uk

All images: Meadowview Homes

Building regulations

13th February 202325th January 2023 by Gary Stringer

We are pleased to be able to say we have been granted building regulations approval for two projects. The first being a barn conversion forming an extension to a dwelling, dealing with the complications caused by insulating solid walls and turning a space not designed for living in, into a comfortable dwelling extension. The second being a stone extension to a traditional dwelling in North Derbyshire where careful consideration was required to ensure the proposed roof structure worked alongside a complicated existing structure.

Understanding Building Regulations

Building regulations are a key set of guidelines and standards that all the vast majority of construction projects within the United Kingdom must comply with. These regulations cover a wide range of issues; including fire safety, energy efficiency and accessibility, ensuring that all buildings are safe, somewhat energy efficient and fit for purpose.

It is essential for clients to understand the importance of building regulations and to work closely with their architects to ensure that their construction projects meet all the necessary standards. Compliance with building regulations not only ensures safety and accessibility, but it can also lead to cost savings in the long run for the client, by making the property more energy efficient. It is worth noting that the energy efficiency standards set by UK building regulations should be taken as minimums and not a target.

Finally, it’s important to take into account that not having building regulations approval can make it difficult to sell a property and will certainly negatively impact its value.

In summary, building regulations play a crucial role in ensuring the safety, energy efficiency, and accessibility of buildings in the UK. Compliance with these regulations can bring financial benefits to the client and end user and it is crucial for clients to carefully consider how their project will comply with building regulations when planning out their own projects.

Here at Planning & Design Practice we can take care of your own construction projects, all the way through from the first planning appraisal to the completed projects sign off. This would be done with the help from our team of Chartered Town Planners, RIBA registered Architects and Architectural Technologists, ensuring that planning, design & technical details are all professionally handled from the very beginning of your project.

For a no obligation consultation to discuss your project, please contact us on 01332 347371 or email enquiries@planningdesign.co.uk.

Paragraph 80 Planning Explained: Development in the Countryside

17th March 202324th January 2023 by Gary Stringer

Paragraph 80 of the National Planning Policy Framework (The Framework) allows development in the countryside in certain circumstances. It is route for obtaining planning permission in isolated locations and is popular with self-builders.

The framework as its name suggests provides a national framework for planning policies. Planning applications should be determined in accordance with the development plan unless material circumstances indicate otherwise.

The Development Plan in most cases ins the Local Plan or Local Development Framework. There will be other plans including Neighbourhood Plans, Action Area Statements and Supplementary Planning Documents and thy all make up the development plan. However, the Development plan must be in conformity with the Framework and that is why the framework is important.

Along side Paragraph 80 is permitted development under Schedule 2, Part 3 Class Q or Class MA which allow the conversion of rural or commercial buildings into dwellings and there are Local Plan policies that allow for the conversion and extension of traditional farm buildings.

Replacement dwellings are a useful source of new builds in the open countryside but most Local Planning Authorities (LPAs) limit the size of the replacement to the size of the existing building or buildings. Some LPAs do not, so it is worth checking.

Paragraph 80 states:

Planning policies and decisions should avoid the development of isolated homes in the countryside unless one or more of the following circumstances apply:

a) there is an essential need for a rural worker, including those taking majority control of a farm business, to live permanently at or near their place of work in the countryside;
b) the development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets;
c) the development would re-use redundant or disused buildings and enhance its immediate setting;
d) the development would involve the subdivision of an existing residential building; or
e) the design is of exceptional quality, in that it: – is truly outstanding, reflecting the highest standards in architecture, and would help to raise standards of design more generally in rural areas; and – would significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area.

Firstly, it should be noted that paragraph 80 applies only to ISOLATED dwellings in the countryside. If you are looking to build a new house on farmland next to a village or town or even a hamlet the Council may consider the development not to be isolated so that paragraph 80 would not apply.

With regards to rural workers, the availability of buildings that can be converted normally means that agricultural workers dwellings will only be built if there are no existing buildings available for conversion.

Under (b) traditional buildings not necessarily farm buildings in the countryside may be classed as heritage assets, either non-designated or designated. The protection of that asset may be best achieved through residential use, or it may be a means to build new houses to enable the renovation and repair of the heritage asset. Please be aware that enabling development requires an open book approach to finance and the profits made through the enabling development must go towards the renovation.

Under (c) this allows non-agricultural buildings in the countryside that are redundant or disused to be re-used as housing, but the setting must be enhanced. Buildings that have no use through the passage of time can be re-used but it should be noted that any building can be used for agricultural purposes without planning permission, and this can leave the way open for disused buildings to be converted through Class Q.

Under (d) sub-division can be especially useful. Most planning policies allow existing dwellings in the countryside to be extended. Once the extensions have been completed an application can be made to sub-divide into two or more dwellings. This can be useful for family or friends or as an income stream through a holiday or permanent let.

Paragraph 80 (e) -the design is of exceptional quality; this is the part of Paragraph 80 that those who want a new house in the open countryside look at. It is not an easy route, and it is not cheap. The conversion, replacement and re-use approach offers greater certainty and is easier to obtain.

The paragraph 80(e) house is attractive to those who want a bespoke property. The starting point must be the site, if the site is for example an old quarry, enhancing the immediate setting will be straightforward. If it is in an open prominent location in an Area of Outstanding Beauty, the challenge will be that much greater.

The new building or buildings must reflect the highest standards in architecture, it must help to raise standards of design in rural areas and be sensitive to the defining characteristics of the local area. The defining characteristics will be local materials, and the local vernacular. A beautiful building should raise standards of design but to reflect the highest standards of architecture the design has to go through peer review.

A client will need an exceptionally good architect with a good or developing reputation. Apart from setting a budget and giving the architect a brief, they must be willing to let their architect design the house as the architect sees it. To get a property approved though Paragraph 80(e) the draft design has to go in front of the Regional Design Panel who will review he proposal against the requirements of Paragraph 80(e). The architect will need to justify the design and his/her approach to it. Clearly if the client employs a star architect the job is easier, but the cost can be extremely high indeed. A client has to pay for the Regional Design panel to meet to discuss the proposal and there may be a series of meetings as the design panel collaborates with the architect firm up the proposals. Because the design must be sensitive to the defining characteristics of the local area a large house is often more difficult to get approved than a smaller property.

A design with the endorsement of the Regional Design Panel has a good chance of being approved at planning committee or at appeal. The next challenge will be the build both the build cost and delivering the project. If a client decides to ditch the architect in favour of a cheaper technician and a builder real problem, can arise in delivering the build. In any bespoke project there can be significant cost over runs and it will never be a fixed price option unless the build involves a large element of off-site prefabrication.

Planning & Design Practice offer a comprehensive range of services, specialising in planning, architecture, heritage, urban design, and rural development.

We provide our clients with expert advice on a range of architectural and planning issues encompassing small scale developments through to large schemes. For more information on our services, or a no obligation consultation to discuss your project please get in touch on 01332 347371 or email enquiries@planningdesign.co.uk

Planning – A beginners guide

14th February 202328th November 2022 by Gary Stringer

Chartered town planner Richard Pigott of Planning & Design Practice Ltd explains how the planning process works so read on if you’re considering extending or renovating your home or looking to build a new one.

Planning permission is something you’ll almost certainly need if you’re considering a major project – and may need if you’re looking at an extension or dramatic house renovation. The requirement to obtain planning permission for most forms of development was introduced as early as 1947. ‘Development’ can involve not only physical works to land and buildings but also changes of use. Here, we take you through the essentials of planning permission for your self build project whether it’s a new build, redevelopment, extension, conversion, or modernisation.

Do I Need Planning Permission?

It is always worth checking whether you need planning permission for your project as the list of projects that can be carried out without the need for planning permission is extensive. However, on the flip side, some ‘minor’ projects do actually require planning permission despite common misconceptions. The government’s Planning Portal is a great place to start when looking to answer this question.

Most houses have permitted development rights (PDR), which generally cover:

Minor side and rear extensions
Loft conversions;
Garage conversions; and
Cellar conversions

However, flats and maisonettes do not get the same permitted development rights, so planning permission is required. Permission is also more likely to be required in conservation areas, National Parks and Areas of Outstanding Natural Beauty, but not in the Green Belt.

There are, however, numerous reasons why a property’s PDR may not still be in place so it is always essential to check with your local planning authority or a planning consultant first before you carry out any work.

Currently, if you are looking to build a single storey rear extension, you can normally add 3 metres to the back of terraced and semi-detached properties and 4 metres to the back of detached houses without planning permission. It is also possible to double these distances to 6 and 8 metres respectively but you must notify the local authority of your intention to do this and allow up to 42 days (i.e. six weeks) while the local authority write to all neighbours to see if anyone objects.

If you’re looking at a two storey rear extension, you may also be able to extend without planning permission. This applies if, for example, your extension is no taller than the highest part of your existing roof; if it does not extend beyond the rear wall by more than 3m; if it is at least 7 metres away from the boundary; and if it is built in materials to match the original structure.

Permission Not Needed? Apply for a Lawful Development Certificate

If you are confident that your project does not need planning permission, in most cases you do not have to notify the local authority before you start work. However, if want to be able to prove it is lawful in future – perhaps when you’re moving house – it is worth applying to your local authority for a lawful development certificate (LDC).

An application needs to be accompanied by scaled plans of your proposal and a location plan based on an up-to-date ordnance survey map. Assuming the proposal does not require planning permission, you will receive written confirmation of this from the council.

How Much Does Planning Permission Cost?

Planning permission application fees vary depending on the nature of the application but are generally a small element of the overall development cost. Householder applications for alterations/extensions to a house or other works within its boundary cost £206. Applications for new dwellings cost £462 per dwelling, as do change of use applications.

You can use the Planning Portal’s fee calculator (https://www.planningportal.co.uk/app/fee-calculator) for help checking this.

How Long Does It Take To Get Planning Permission?

Most small-scale applications will have a target determination date of 8 weeks from validation to decision. However, beware that due to staff shortages and Covid related issues many applications take longer than this so its worth building this into your timescales and submitting your application as early as possible.

How Long Does Planning Permission Last?

As a general rule, and unless stated otherwise in the decision notice, your planning permission will last for three years. This means that you must start work within that three-year window or you will need to re-apply.

However, be sure to carefully read the conditions attached as they may, for example, require the local authority to approve the exterior materials, a landscaping scheme or details of ecological improvements.

You’ll need to formally apply to discharge these conditions at the right time in the development process as failure to do so could invalidate your permission.

Making Changes To Your Planning Permission

You may need to tweak your design after gaining approval, for which you have two options: either use the ‘non-material amendment’ route, which is designed for issues like new window positions, or submit a new planning application.

A ‘non-material amendment’ is for very slight changes but significant changes, such as extension or new houses’ overall height or the position of upstairs windows, for example, would be judged as ‘material’ and would require you to submit a new application.

The ‘non-material amendment’ route costs £28 and takes 28 days to decide, while another full planning application would take eight weeks but is free if applied for within a year of the original.

What if Planning Application is Refused?

If your planning application is refused, the council’s decision notice will contain one or more reasons for refusal. There will also be an officer report explaining this in more detail. It’s important to try to understand exactly why the planning application was rejected because there may be a simple detail that the local authority can’t approve, or a lack of information, in which case resubmitting a new application that has been amended accordingly would be far quicker and cheaper than submitting an appeal. If, however, the council is fundamentally opposed to your scheme, you will need to submit an appeal, where an independent inspector (not the local authority) makes an independent assessment of whether a proposal meets all the relevant policies. Appeals generally take 4-6 months from the date of submission until you get a decision.

Other Paperwork: Building Regulations and Insurances

Remember that getting planning approval is not the only legislation you need to adhere to. Proposed works will also need to conform to building regulations if they include structural alterations. So repair work won’t need to, but new building work – including extensions – will need to be checked. You also need to remember that if you are extending your home, it will not be covered by standard buildings insurance. Extensions and extensive renovations are often excluded from buildings insurance if you are altering the structure of your home. You will need specialist site insurance to cover the existing insurance and the new works being carried out until completion.

Concerned or unsure – ask an expert! Planning & Design Practice Ltd is a multi-disciplinary team of Town Planners, Architects, Architectural Assistants and Design Professionals, and Heritage Specialists. We can take a project through from inception to completion, but we also offer the flexibility to engage a client’s own architects and provide a planning service, whilst our design team can also work with clients who have engaged other town planning professionals.

We have extensive knowledge about the policies and procedures of individual councils and the approach taken by planning officers and Councillors. For a no obligation consultation to discuss your dream project or property, please don’t hesitate to contact us on 01332 347371 or via email at enquiries@planningdesign.co.uk.

Richard Pigott, Director, Planning & Design Practice

No long faces at Long Meadows Farm following double Appeal success!

5th December 202216th November 2022 by Gary Stringer

Discharge of Planning Conditions HIgh Peak

Planning & Design Practice Ltd successfully overturned two separate decisions (which ran concurrently with each other) to refuse planning permission for the erection of two agricultural buildings at the same remote farmstead, Long Meadows in Derbyshire Dales.

Appeal Statement of Cases were prepared by Planning & Design Practice’s Planning Team on behalf of the Appellant, against Derbyshire Dales District Councils decision to refuse the applications. The Council resolved to refuse planning permission for the proposed developments under delegated powers for the following reasons:

Appeal 1: The Local Planning Authority is not satisfied that the new building, which is remote from the applicant’s main farm buildings and land holding is justified or necessary to sustain the needs of the agricultural enterprise, in addition to the existing building at this location. As such, the development is considered to constitute unwarranted and encroaching development that is intrinsically harmful to the character and appearance of this part of the countryside contrary to Policies S4, PD1 and PD5 of the Adopted Derbyshire Dales Local Plan (2017) and guidance contained within the National Planning Policy Framework.

Appeal 2: Based on the information provided, the Local Planning Authority is not satisfied that the new building, in addition to the existing building on site is necessary to sustain agriculture on the unit/holding and as such constitutes unwarranted and encroaching development that is intrinsically harmful to the character and appearance of this part of the countryside contrary Policies S4, PD1 and PD5 of the Adopted Derbyshire Dales Local Plan (2017) and guidance contained within the National Planning Policy Framework.

The Council argued that the buildings were not necessary to sustain agriculture on the unit/holding when having regard to existing buildings on site. The Council further contended that no justification has been submitted to justify the siting of the building on this specific parcel of land, and therefore the building is not justified.

The applications and appeals were accompanied by a detailed assessment of our clients farming operations, as well as supporting letters from the National Farmers Union which reaffirmed the need for the additional agricultural buildings on site.

The Planning Inspector agreed with our assessment, stating:

“Whilst there is an existing storage building at the appeal site, it was clear from my observations on site that this building is near to its practical capacity for storage. The provision of a further storage building at the appeal site would ensure that more of the agricultural paraphernalia, such as machinery, feeds stuffs and fodder, can be stored inside rather than, as at the time of my visit, outside the existing building. This storage building would therefore also help support the agricultural business and its growth.”

The Inspector, when considering Paragraph 84 of the National Planning Policy Framework, which supports rural development where it would enable the sustainable growth and expansion of businesses in rural areas including agricultural businesses, resolved to allow both appeals stating “it has been demonstrated that both proposals would be necessary to support and grow the existing agricultural business”.

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.

Andrew Stock, Associate Director – Chartered town Planner, Planning & Design Practice Ltd.

Rural employment boost for Derbyshire Dales!

22nd November 202216th November 2022 by Gary Stringer

Planning & Design Practice, Rural Employment, Derbyshire Dales, Planning Permission, Planning Consultants Derby, Planning Consultants Sheffield, Architects Derby, Architects Sheffield

Planning & Design Practice Ltd is pleased to announce that planning permission has been secured for erection of two B8 (Storage and distribution) and E(g)(iii) (Industrial Processes) buildings in Derbyshire Dales. The buildings would be subdivided into nine individual units, and will provide a significant boost to rural employment opportunities.

In line with our clients brief the Architectural Team in collaboration with the Planning Team at Planning and Design Practice prepared a sensitive scheme that would make efficient use of land in terms of maximising the number and size of unit’s deliverable on site, whilst minimising the potential impacts on the countryside and the setting of the a nearby Conservation Area.

Planning & Design Practice Ltd, Architects Derby, Architects Sheffield, Planning Consultants Derby, Planning Consultants Sheffield, Derbyshire Dales — ***Figure 1:*** *Proposed layout plan*

The smaller of the two buildings (Building G) will consist of 2 no. units measuring approximately 18m x 12.5m (222 sqm per unit).

***Figure 2:*** *Elevations of Building G*

The larger of the two building (Building H) will consist of 7 no. units measuring approximately 9m x 18m (166 sqm per unit).

***Figure 3:*** *Elevations of Building H*

It was successfully argued that the redevelopment of the site for new build B8 (Storage and distribution) and E(g)(iii) (Industrial Processes) units would be an appropriate form of employment development within the defined countryside as it would represent an opportunity to create much needed rural employment opportunities within the area. The development will support the local economy by providing a range of fit for purpose modern commercial units for local residents within the area which will in turn contribute towards the creation and retention of rural employment opportunities.

Planning & Design Practice Ltd is a multi-disciplinary team of Charactered Town Planners, Architects, Architectural Assistants and Heritage Specialists. Gaining planning permission is a key step in almost any development. We can take a project through from inception to completion, but we also offer the flexibility to engage a client’s own architects and provide a planning service, whilst our design team can also work with clients who have engaged other town planning professionals.

Planning & Design Practice Ltd are well versed in researching and understanding local Council’s policies to ensure the best possible case if put forward for our clients.

For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch on 01332 347371 or enquiries@planningdesign.co.uk.

Andrew Stock, Principal Planner, Planning & Design Practice Ltd.

Enforcement matters….Part II

22nd November 202216th November 2022 by Gary Stringer

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.

Planning & Design Practice, Planning Enforcement, Enforcement, Planning Consultants Derby, Planning Consultants Sheffield — Image: Reigate and Banstead Council

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

Barn conversion -Class Q explained

22nd November 20227th November 2022 by Gary Stringer

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

Planning & Design welcome new additions

22nd November 202227th October 2022 by Gary Stringer

Changes are afoot at Planning & Design Practice Ltd as we welcome new additions to our team and bid a fond farewell to a founding member. Our team comprises RTPI Chartered town planners, RIBA Chartered Architects, and architectural assistants, plus heritage specialists who together offer a comprehensive range of services, specialising in Town Planning, Architecture, Heritage, and Urban Design.

Continuing a tradition of encouraging and supporting emerging talent, we are pleased to announce the addition to the team of three Graduate Planners – Shaun Hyde, Emily Anderson and Megan Askham, plus a Junior Architectural Technician, Scott Williams to our Architectural team.

Shaun, an avid football fan and originally from The Wirral, studied the 4-year MPlan Course at the University of Sheffield. In the summer before his final year, he undertook a two-week placement with us, during which he was offered a part time position at PDP’s Sheffield office. Now working full time after graduating, Shaun’s next career goal is to gain his RTPI accreditation.

Emily graduated from her Master’s in Urban & Regional Planning at the University of Sheffield in September 2022. Prior to this, she worked part-time for the company alongside her studies. Joining us as a full time Graduate Planner, she is looking forward to expanding on her planning knowledge in the company and has a particular interest in the relationship between Planning and Health and is a keen advocate for community engagement.

Megan initially joined PDP in July 2022 in a part-time capacity, before becoming a full-time member of the team in September 2022. She is a Graduate of the University of Liverpool, obtaining a Geography BA in 2021 and the University of Sheffield having studied Urban and Regional Planning MSc in 2022.

Currently studying in his third year of Architectural Technology and Practice (BSc) at the University of Derby, Scott joined the Planning & Design Practice team in August 2022. He joined us as he works towards his goal of becoming an architect or architectural technologist.

Finally, Jonathan Jenkin, our former Managing Director will be leaving the Practice at the end of the year. Having formed the company in 2002, he has been working for the company in a part time consultancy role for the last 15 months, which has proved to be a good transition period for the company. It has allowed the transfer of skills and experience and Jonathan has been able to work with long term clients to see projects through to completion.

Jonathan and his Civil partner Phil will be moving back to West Cornwall, early next year. Jonathan was a council planning officer there in the 1980s, and that is where they met. They have many friends and family in West Cornwall, and it has been a long-term ambition for them both to move back. Jonathan said:

‘I am really pleased at the way Jon Millhouse, Richard Pigott, Michael Bamford, and Lindsay Cruddas are taking the company forward. The transition has been smooth and it is good to be able to leave the company with the business doing well and I wish everyone continuing success’.

Richard Pigott, who has been with the company since 2011 and a Director since 2015, said ‘we will all miss Jonathan’s bubbly character and enthusiasm for all things planning and architecture, but at the same time, this is a move he has been looking to make for a while and we wish him all the best down in Cornwall. Since we took over the company in the summer of 2021 it has continued to evolve and modernise and we are undertaking some very interesting work in both planning and architecture. We now have contracts with Microsoft, NHS Health Trusts and Clowes Developments, to name a few, as well as many local and regional companies and landowners and the future looks bright.’

Planning & Design Practice Ltd is a team of town planning consultants, architects and heritage specialists. Based in Derbyshire, we are perfectly located to work nationally for our clients. We offer a comprehensive range of services, specialising in Town Planning, Architecture, Heritage and Urban Design. For more information on our team and our services, please contact us on 01332 347371 or email enquiries@planningdesign.co.uk.

Planning Success with ‘Presumption in favour of sustainable development’ for an edge of town stable conversion in Derbyshire Dales

28th November 202228th September 2022 by Gary Stringer

Andrew Stock in collaboration with the Architectural Team are pleased to announce that planning permission with ‘Presumption in favour of sustainable development’ has been secured for the change of use and conversion of a modern stable building to form a single house in Doveridge, Derbyshire.

The application site has a rather complex planning history, which our new recruit Andrew Stock – Principal Planner, knows particularly well being the Planning Officer who dealt with a number of applications at this site whilst working for Derbyshire Dales District Council.

The application relates to the change of use and conversion of a modern timber stable building constructed in 2014 to a single dwellinghouse. Planning permission had previously been refused for its change of use and conversion to a dwellinghouse in 2017.

***Figure 1:*** *Photograph of the stable building*

The Architectural Team in collaboration with the Planning Team at Planning & Design Practice prepared sensitive scheme which we believed would overall appropriately uphold the character and appearance of the existing building, in line with the Councils strict policy on the change of use and conversion of rural buildings.

It was acknowledged that Derbyshire Dales District Council is unable to demonstrate a deliverable 5-year housing land supply, providing only 4.61 years’ worth of land for housing, as such there is presumption in favour of sustainable development when having regard to Paragraph 11 of the National Planning Policy Framework (2021).

Whilst it was acknowledged that local planning policies do not support the conversion of modern equestrian buildings it was successfully argued that given the location of the application site to Doveridge the provision of a new dwelling (conversion in this case) and the beneficial re-use of an existing building would have significant social, economic and environmental benefits that weigh in favour of the proposal. When all of the above matters are weighed in the balance, it was considered that the any adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits of more housing when assessed against the National Planning Policy Framework as a whole.

The Council agreed, stating:

“Given the particular circumstances regarding the District Council’s position in terms of its housing land supply and location of the site in this case, it is considered that the proposed development would be in accordance with the relevant policies within the Adopted Derbyshire Dales Local Plan (2017) and the principle of the development is considered to be acceptable.”

The question of what ‘the presumption’ and ‘sustainable development’ actually is plays a significant role in planning applications and appeals. The understanding of the Councils current housing land supply position was crucial in unlocking the potential for development on this site.

Planning & Design Practice Ltd are well versed in researching and understanding local Council’s policies and housing positions to ensure the best possible case if put forward for our clients.