RTPI report finds planning is out of sync with net zero-carbon future

PDP_RTPI Zero Carbon Future

A new report published by the Royal Town Planning institute (RTPI) states that planning needs to change in order to support a smooth transition to a net zero-carbon future.

The recently published report highlights the lack of attention given to ‘smart energy’ in national planning policy and guidance and the gap between what happens on the ground and the opportunities offered by smart energy.

“Nothing should be planned without demonstrating it is fit to take its place in a net-zero emissions future… It makes no sense for what is planned and built today to be delivered in a way, or in places, that will require costly retrofitting tomorrow,” says the report.

The report finds notable strides have been taken to cut emissions using the existing planning toolkit, but the pace of change is out of step with the ambitions set out in the Clean Growth Strategy and what is needed to meet the UK’s legal commitments to decarbonise.

The perceived lack of attention given to cutting carbon emissions by MHCLG has pushed energy down the list of priorities for many local planning authorities, it finds.

The report is calling for a refresh of the National Planning Policy Framework or, with greater immediacy, a written ministerial statement, to give greater national political clarity that smart energy and climate change have equal status with planning for housing, transport and economic growth.

It also urges the Ministry of Housing, Communities and Local Government and the Department for Business, Energy and Industrial Strategy to work better together and devise a joint action plan that allows energy policy to be informed by planning and land use considerations, and carbon reduction to be achieved more effectively through local planning policy and implementation.

In the absence of nationally robust trajectory for achieving zero carbon standards for domestic and non-domestic buildings, the report recommends that the Government allows local authorities to set much higher local standards.

The report highlights the good work that is underway locally to drive forward smart energy through planning including in Milton Keynes, Cornwall, Bristol and Greater Manchester, but on the whole finds such examples are the exception rather than the rule.

It reminds local authorities of their legal duty to ensure their development plans contribute to mitigation of and adaptation to climate change, and asks MHCLG to send a clear message to the Planning Inspectorate that local plans should be examined on their climate change mitigation ambitions as much as their housing provision.

The report follows closely the launch of the Institute’s Resource Planning for Climate Action campaign last month, which calls on the Government to take radical climate actions around buildings and transport, and to develop a tool to help local authorities gauge the carbon impact of existing and emerging local plans.

Jonathan Jenkin, Managing Director of Planning & Design welcomes the RTPI report and the premise that “nothing should be planned without demonstrating it is fit to take place in a net zero emissions future.”

Jonathan said “this means preventing future retrofitting. In a net-zero future housing construction should fix carbon, energy should be produced and stored to meet occupants needs and provide energy for transport. Properties should not emit CO2 during everyday use, and components need to be recyclable so that materials can be re-used in future construction.”

“This is a very tall order which confirmed with the needs to produce zero carbon in the community, at work, in education and at leisure; the magnitude of change is substantial.”

“The RTPI report is a first step and the need to cut carbon emissions must be built into the NPRF Local Plans and in the decisions made by Local Planning Authorities.”

Garden Identification, World Heritage Buffer Zone and Other Planning Issues

PDP_Garden Identification

Planning & Design recently worked on behalf of a client who had bought a house in Milford, which sits the Derwent Valley Mills World Heritage Buffer Zone. The house they bought has a beautiful garden facing out toward open countryside. They wanted to erect a garden building that would allow them to make the most of the superb green space at the back of their property. 

Unbeknown to the client the garden had previously been part of an agricultural field which the farmer sold to the residents of the row of houses that abutted his land. The financial agreement reached between the residents and the farmer did not however deal with the planning status of the land. When the client undertook the earth works required to lay the foundations for the garden building, they were approached by a planning officer who informed them they would need to have the change of use of the land confirmed by the planning authority. We were brought into the project at a stage where the client was facing enforcement action, and as such there was an impetuous to get an application for the change of use of the land compiled quickly and effectively. 

The other factor influencing the equation was the fact that the property lies within the Buffer Zone, which meant producing a detailed Heritage Impact Assessment to submit alongside the planning statement. Such an assessment requires consideration of the way in which the proposed development would influence the contribution of heritage assets. In this instance we were able to demonstrate that the domestic paraphernalia associated with garden land and the proposed garden buildings would tie into the existing landscape without appearing out of place. 

We received approval for the erection of the buildings and the land is now formally recognised by the planning authority as being a domestic garden. No enforcement action was taken by the authority and we have helped set a further precedent for the rest of the residents on the row of buildings to secure the change of use of their gardens.

PDP secure planning consent for barn conversion scheme near Belper

PDP_Lawn Farm Approval

Planning & Design Practice recently gained planning permission for the conversion of a range of farm buildings to 4 dwellings at Lawn Farm located on the western slopes of the Derwent Valley a short distance from Belper and Ambergate. 

Lawn Farm was historically a part of the wider Hurt family estate and lies within the Buffer Zone to the Derwent Valley Mills World Heritage Site, meaning any conversion must be particularly sympathetic to the rural character of the landscape. The main cluster of farm buildings consists of traditional stone barns in a U-shape, some of which have been demolished and replaced with other structures. What was once an internal courtyard to the traditional buildings has been entirely infilled with modern agricultural barns.

We were approached by the client to prepare designs to convert the buildings into a number of dwellings, one of which they would like to live in themselves. After a brainstorm of ideas and a variety of sketches, it was agreed that the buildings forming the U shape, would be best converted to 4 dwellings varying in size from 2 to 5 bedrooms. The only significant rebuilding will be in the North-East corner of the range of buildings. It was evident from a 1971 photograph that there was formerly a traditional stone farm building in this corner which had been replaced by a steel framed hay barn. Photographic evidence was also used as the justification for 2 new single storey garages at the opening to the U shape and 2 more garages on the outer edges to replace redundant modern agricultural buildings.

Throughout the application a number of issues were raised, particularly relating to Highway safety and heritage, but we negotiated extensively with the local planning and highway authorities to achieve an acceptable solution for all. The designs respect the agricultural character of the buildings with the number of new openings kept to a minimum. The removal of the modern buildings that are currently inside the U-shape will create an inner courtyard, reinstating the farm’s former character.

We look forward to continuing our involvement during the construction phase and seeing this farmstead restored to its former glory.

New Dwelling Granted in Kirk Langley Conservation Area

PDP_Kirk Langley Conservation

Planning & Design Practice have secured planning permission for the replacement of an existing barn with a new dwelling in the Kirk Langley conservation area.

Kirk Langley is a village a few miles northwest of Derby. Back in 2017 a scheme was approved to replace a steel framed barn with a high-quality, contemporary new dwelling on the exact same footprint. The client then sought to make some changes to the approved scheme, the most significant of which was the addition of a basement level to the building.

The impact of the development on heritage assets was a key consideration as the site is located in a conservation area and in close proximity to a listed building. The council agreed that the high quality design of the building meant that it would not materially harm the significance of these heritage assets.

We look forward to seeing the building take shape in due course.

If you want to know more about this project, please contact us and ask to speak to Tina Humphreys.

Government considering key changes to the General Permitted Development Order

PDPGeneral Permitted Development Order

The Government published a consultation which ran from 29th October 2018 until 14th January 2019 titled “Planning Reform – Supporting the high street and increasing the delivery of new homes.”

The most significant proposal is to introduce new Permitted Development (PD) rights “to provide additional self-contained homes by extending certain premises upwards”. It is proposed that the new rights would apply to premises in a range of uses that are compatible with C3 residential use. These are defined as potentially including:

“C3 residential premises, those A class and sui generis high street uses that can already change use to housing under a permitted development right ((shops (A1), financial and professional services (A2), restaurants and cafes (A3), betting shops, pay day loan shops and launderettes), offices (B1 (a)), and buildings in mixed use within these uses.”

It is proposed that the PD rights would not apply to: Article 2(3) land (including conservation areas, areas of outstanding natural beauty, the Broads, National Parks and World Heritage Sites), Sites of Special Scientific Interest (SSSI), the standard 4 exclusions (i.e. listed building, scheduled monument, safety hazard area, or military explosives storage area) or safeguarded land within 3km of the perimeter of an aerodrome.

The Government is proposing two different ways to deal with the height restrictions. Either, a PD right could allow premises in a terrace (of two or more properties) to extend upwards to be no higher than the main roofline of the highest building in the existing terrace, or, upward extensions could be permitted more widely to a height no higher than the prevailing roof height in the locality.

There is additionally a proposed maximum limit of no more than 5 storeys above grand level once extended (based on an additional storey not exceeding 3m in height). However it is proposed that this height limit would not apply in the case of purpose built, free standing blocks of flats over 5 storeys, which would be allowed to extend upwards (i.e. to a height greater than 5 storeys above ground level).

The applicant would still be required to apply to the Local Planning Authority for approval on a number of issues, such as flood risk and impact on neighbouring amenity.

The document also asks the question of whether these PD rights should additionally allow the upward extension of a dwelling for the enlargement of an existing home.

The second significant proposed change is to allow the demolition of commercial buildings and redevelopment as residential. At present, PD rights allow new homes to be delivered through change of use of existing buildings. The Government suggest that allowing demolition of commercial buildings and replacement build as residential, would allow high quality development to be secured which is consistent with national planning policy.

Feasibility really needs to be explored before this becomes a PD right and factors such as the height and density of new buildings would also need to be considered. It is also being considered whether the right should just apply to smaller sites, as this would be more practical. However it would still have the benefit of setting a precedent for larger sites.

Other matters being considered are:

-To allow shops (A1), financial and professional services (A2), hot food takeaways (A5), betting shops, pay day loan shop and launderettes to change to office use (B1). It is also proposed to allow hot food takeaways (A5) to change to residential use (C3);

-The removal of the existing right that allows the installation of, and advertising on, new public call boxes;

-Increasing size limits for off-street electric vehicle charging points;

-Greater flexibility for temporary changes of use;

-Making permanent two currently time-limited PD rights (B8 to C3 & larger extensions to dwellinghouses)/

There have been some fierce critics of the proposed changes. The Town and Country Planning Association has warned that the proposed changes will deprive local authorities of essential funding and risks creating poor living conditions for vulnerable people.

Dr Hugh Ellis, interim chief executive of the TCPA, said:

“Converting commercial and disused high-street properties into homes is fine, so long as it doesn’t condemn desperate people — often young people or poor families — to live in badly designed boxes without consideration for their health and wellbeing.

“Under the existing system of permitted development, 1,000 new flats can be built in an old 1970s office building or industrial estate, and the local council can’t require a single sq. ft. of play space for the children who live there — and the communities have effectively no say. This cannot become the norm.

“The rebirth of town centres requires vision and masterplanning, with real investment in culture and the built environment. How can we pay for this investment when permitted development removes the power of local authorities to get one penny in section 106 contributions from developers?”

The responses to the consultation will now be considered before any proposed amendments are published. We will provide an update on this in due course.

PDP secures permission for conversion of historic buildings in Longford

PDP_Wolfenden Barns

Planning & Design have successfully obtained planning permission for the sensitive conversion of a listed Farmstead in Longford, Derbyshire Dales. The farmstead had been a dairy farm up until summer 2018, however the farm was no longer viable and the client wished to consider other practical uses for the listed barns. The client has already successfully converted another building on their land to a holiday let, which is frequently occupied.

The proposed scheme comprises six holiday lets – two in the Grade II brick Cowshed, one in a section of the Grade II* brick Hay Barn and a further three in a modern steel frame barn.

Careful consideration had to be given to the setting of the listed farmstead and the location of parking and given its proximity to public footpaths.

Design details had to be resolved at an early stage, which is common for Listed building applications, as Local Planning Authority Conservation officers are required to approve the details. We ensured that the open feel of the barn was retained by having open plan living/kitchen areas, retaining and replacing the rooflights to the internal roof pitches and keeping the roof trusses exposed.

Changing the use of the barns to holiday lets means that the barns will remain in the same ownership and control as the rest of the listed farmstead. Whilst this is not a mandatory item for planning, it is an aspect that is considered more favourably in planning and listed building consent applications for conversion to dwellings.

As the project was so large, complex and detailed, we negotiated with Derbyshire Dales District Council to resolve planning and design issues before the project was recommended for approval at Planning Committee.

The Planning Committee spoke highly of the scheme and were pleased to see a new use for the redundant barns, commenting how they would like to be invited back to see the finished project. The committee unanimously approved the scheme in November 2018.

Class Q appeal in Staffordshire Moorlands establishes that modern agricultural building conversion is acceptable

PDP_Class Q Appeal

Planning & Design Practice have recently won an appeal against refusal of Prior Approval by Staffordshire Moorlands District Council, in relation to a barn conversion under Class Q of Permitted Development.

This permission was hard won, involving 2 applications for prior approval and several re-designs of the scheme, along with the appeal against the second refusal, as well as providing comments in relation to the updated NPPF (July 2018) during the appeal process. Several members of the team were involved in the whole project, eventually achieving the result our clients were after by gaining approval from the Secretary of State’s appointed Inspector.

The Council has a reputation for strongly resisting applications under Class Q, when the building in question is of modern construction, as opposed to more historical barns that are built from brick or stone. However the permitted development legislation makes no distinction in this respect.

Indeed, it could be argued that Class Q has been enacted to facilitate the conversion of modern agricultural buildings, given that a normal planning permission for change of use is still an available route for applicants with traditional buildings.

Key points from the Inspector’s report that found favour with our arguments and evidence included; that the building is structurally capable of conversion; that none of the proposed works would fall outside of those building operations permitted, that they would be reasonably necessary for the building to function as a dwelling; and that the replacement of the roof materials, provided they are not structural elements, would fall within the scope of works permissible.

Other more general comments of note by the Inspector include:

“The nature of agricultural buildings will invariably mean that they will not have all of the necessary elements of a residential dwelling, or have them to the necessary standard or condition, hence the provisions of paragraph Q.1.(i).”

On the matter of the number of windows in the proposed scheme:

“I do not share the Council’s view that the number of windows proposed is excessive or unnecessary.”

In relation to the Council’s criticism of a ‘domestic’ appearance of the scheme:

“The very nature of a change from an agricultural building to a dwelling will invariably introduce a more domestic appearance in the form of windows and doors.”

In response to the Council’s criticism of full height windows:

“The full height form of the windows would not be uncharacteristic in my view, given the size of openings commonly found on agricultural buildings.”

The most interesting comment from the Inspector however, in my opinion, draws a line once and for all under Staffordshire Moorlands District Council’s “resistance in principle” to the conversion of modern agricultural buildings:

“…the permitted development right under Class Q, which as its starting point, grants permission for agricultural buildings to be converted to dwellings, andit must therefore be the government’s intention that, in principle, such buildings can remain in the landscape and serve a new function as dwellings.”

This appeal decision sets a clear precedent for the acceptability of conversion of modern agricultural buildings under permitted development, and there are many sections of this appeal decision that we will refer to in future. It is hoped that the Planning Officers at SMDC will take on board the Inspector’s reasoning and take a more pragmatic view of these types of applications in future.

If you are considering a barn conversion under Permitted Development Class Q or are currently experiencing difficulties with, or a refusal of, a submitted application, please get in touch with us at Planning & Design Practice for advice on 01332 347371 or email enquiries@planningdesign.co.uk.

Class Q Appeal

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