Lavingham Planning Consultants

Planning and Development Specialists in Yorkshire and the North East

Lavingham Planning Consultants

The Changing Face of Planning

By

The Government has announced a consultation process on guidelines to speed up the planning system across England. In a report published at the beginning of August 2020 titled Planning for the Future, the Government provides detailed plans for changing a ‘relic’ of an existing system.

The plans aim to greatly improve the existing system which sees many potential planning applications refused because of previous stipulations.

The plans include re-energising local plans produced by the Local Planning Authority (LPA) so that land falls into one of three categories: growth, renewal or protected.

Automatic approval

The proposal outlines that planning permission would automatically be secured for areas categorised for growth. Some development would be permitted in renewal areas but would be restricted completely in protected areas.

Local Authorities will also be put under increasing pressure to ensure that planning approval for some bigger development projects is approved in under 30 months.

Priority for aesthetic developments

The Government also announced that high-quality development proposals would be likely to be granted automatic permission if they reflect local character and preferences.

The changes outlined by the Government mean that more applications will be granted immediately, whilst other more unique applications will be categorised, and approval will be granted based on new guidelines. The proposed guidelines suggest that following the implementation of the measures outlined, planning should be easier to achieve and less of a headache for all involved.

The reforms will mean:

  • Local communities will be consulted from the very beginning of the planning process. By harnessing the latest technology through online maps and data, the whole system will be made more accessible
  • Valued green spaces will be protected for future generations by allowing for more building on brownfield land and all new streets to be tree-lined
  • Much-needed homes will be built quicker by ensuring local housing plans are developed and agreed in 30 months – down from the current 7 years
  • Every area to have a local plan in place – currently, only 50% of local areas has a plan to build more homes
  • The planning process to be overhauled and replaced with a clearer, rules-based system. Currently around a third of planning cases that go to appeal are overturned at appeal
  • A new simpler national levy to replace the current system of developer contributions which often causes delay
  • The creation of a fast-track system for beautiful buildings and establishing local design guidance for developers to build and preserve beautiful communities
  • An ambition that new ‘zero carbon ready’ homes delivered under our new system will not require any future retrofitting.

Housing Secretary Rt Hon Robert Jenrick MP said:

“Our complex planning system has been a barrier to building the homes people need; it takes seven years to agree local housing plans and 5 years just to get a spade in the ground.”

Decisions on the Green Belt will stay with local authorities as they prepare their plans so that they can continue to protect and enhance these important areas for generations to come.

Following the publication of Planning for the future, the government will now consult with planners, lawyers and local government experts on the proposals, as well as interest groups and residents.

So, potentially lots of changes ahead! Luckily we are on top of all of these proposals as they move from consultation to law, so are well-positioned to advise you on how to get the permission you need. If you need some advice, do get in touch, please email us at info@lavingham.com or message Andrew on our social media platforms.

For more information on planning, please take a look at some of our past  blogs.

Appeal success!

By

We are delighted to have been successful in three planning appeals we have worked on recently.

Working with our clients across North Yorkshire, we have managed to overturn the decision of the Local Planning Authority to make our Client’s plans become a reality.

#1 A new dwelling in Ainderby Steeple was initially turned down by the Council.

We worked with our Client to overturn this decision and allow planning consent to be approved by the Planning Inspectorate who undertook a site visit and carefully considered the additional information we were able to provide.

Our Clients were delighted.

#2 We also worked with our Client to help them to get the refusal of a retrospective application to alter an existing porch on their property overturned. The original application was retrospective so the Inspectorate were able to view the alterations to the porch in question.

The property is close to Bedale and the Inspectorate commented:

The materials are consistent with those used in the host dwelling and the obscure glazing does not look unattractive. The development has a minor impact on the overall appearance of the dwelling and does not look out of place.

 And continued with

 The porch does not harm to the outlook from the neighbouring property as it is a very small structure and cannot have an overbearing impact.

Based on these comments and many more from the Inspectorate the refusal was overturned.

 #3 Our final recent success on appeal, was the construction of a replacement dwelling in Danby Wiske.

The development proposed was a revised application for the demolition of an existing dwelling and construction of a replacement dwelling.

There were underlying concerns about the potential flood risks for the new property. We worked hard with our Clients and external consultants to demonstrate that this replacement property would not be at risk of flooding or add to any flood risk by harmfully displacing water elsewhere.


A further key part of this scheme was the design of the property and how it was viewed in the context of the site and the surrounding street scene. We demonstrated to the Planning Inspectorate, with assistance from a landscape architect what the street scene character was, and how it would not be adversely affected by the new replacement dwelling.

Again, we helped to provide evidence and technical know-how to work with our Client to get this decision overturned.

So, don’t be disappointed if your planning application doesn’t go your way, there could be a way forward with some compromise and additional explanation. We are professional planning consultants and understand what the Planning Inspectorate expects to see to help them make the right decision.

If you have concerns about your current planning application or have already received a decision, not in your favour, then please do contact us on 01609 617618 / 07432 789481 or drop us an email at info@lavingham.com

 

 

 

 

 

 

 

Have you considered using permitted development rights instead of planning permission?

By

If you don’t feel you have the skills, time or budget for a planning application process you could consider arranging your planned work so it falls within permitted development rights (no planning permission required)

Some loft conversions and property alterations can be considered under the permitted development rights.

Points to note if you are considering this as an option:

  • Check whether your property is within an area where the rights are more restricted (i.e. Conservation Areas, Article 4 Directions or National Parks)
  • Check whether your property had its permitted development rights removed when it was built – the Council will be able to advise you on this, but may charge you for this service.
  • You may still need to get building regulations approval for any work – this may well still apply even if planning permission has not been sought.
  • Check the Planning Portal for England’s Interactive House – this can give you an idea as to whether or not your property alterations would require planning permission.

As with every part of the planning process, it’s best to do your research and get advice from the local authority if you’re unsure about what you can do. Even if your alterations are permitted development and don’t require planning permission it is worth getting this in writing from your local authority for future conveyancing purposes. It is important to note that most Councils charge for this service.

Why not call us for a FREE consultation today. For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.

Are planning permission applications free?

By

Some are but most sadly are not!  And it can vary depending on the size and scale of your project. Don’t be caught out with unexpected additional costs too.

Make sure you:

  • Understand and know what type of permission you need to apply for and the associated fees. (We can help and advise on this)
  • Add in a little additional budget as a contingency, in case additional costs are required and necessary to progress your application, such as site specific surveys.
  • Use FREE tools that are available online such as the Planning Portal for England’s fee calculator or speak to us and we can advise.

Why not call us for a FREE consultation today. For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.

Top tips to get your planning permission approved

By

First things first! Allow plenty of time for planning permission approval.

Planning applications are not decided in a couple of weeks and if you have complex plans you have to be aware that the deadline may need to be extended.

What can you do to minimise delays

  • Research your local council’s timeframes and their performance figures to be sure how your council process works within the statutory timeframes to get an idea of how much time you will need to allow.
  • Make sure your application is correctly completed with all the necessary supporting information, this is something we are happy to advise you on.
  • Be vigilant – you may receive actions to respond to, to help further your application, the quicker you respond the better, as it will help your application to continue moving.
  • Be realistic about possible delays, if your builder or contractors are ready to start work on the day of your application decision, maybe build in some time for possible application delays, you don’t want to lose your good builder!

Avoid changing plans after work has started, unless the Council specifically ask you to.

Before you submit your application make sure you pull together all of your information and get your advice ready in support of your application. Getting professional advice and support at this stage could be a vital step to ensuring a smooth application process.

Of course, sometimes, things do go awry and changes will need to be considered, just make sure you speak directly with your planning department as quickly as possible or engage a professional planning consultant to advise you at every stage.

Why not call us for a FREE consultation today. For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.

Interested in reading other blogs we have written on planning, please go here

 

Listed buildings – worth the time and effort?

By

Did you know that most building pre 1700 in the UK is likely to be on the Listed Building list?

Though only accounting for 2% of the build heritage in England, (92% are Grade II, 5.5% are Grade II* and 2.5% are Grade I)

Modern buildings can appear on the list too, if believed to be of significance, or are potentially under threat.

For everyday householders, careful consideration needs to be made on purchasing a listed building and the necessary consent you need for any work to the property.

Retrospective applications do not go down well with planning authorities if started and you must be mindful that any work undertaken before consent, is classed as a criminal not a civil offence.

But there is light at the end of the tunnel and if you prefer the heritage properties, help can be at hand with the use of our professional services to smooth the way.

With the right guidance and support, many types of work from minor repairs to large extensions are likely to be approved.

Top Tips we would recommend:

  1. Read the description of your Listed property on the Historic England National Heritage List, this will provide details of why the property is on the list and provide you with supportive information for any application.
  2. Check in with your Local Council to see what its thoughts are. This process can be assisted by working with a professional planning consultant who will already have good contacts with the Planning team. The Planning team may well have a Conservation Officer you can speak directly with.
  3. Review the previous planning history of the property to see what might have been approved and declined in the past.
  4. Do your own historical research on the property, look at Ordnance Survey plans, local archive offices to get a full picture of your building’s history.

We have worked on many projects concerning Heritage properties and understand the areas that can sometimes trip up residents who have over-ambitious plans for their heritage properties.

If you are thinking of buying one and require some research work to be completed or you currently own one and are considering some changes, please get in touch, we would love to work with you.

Why not call us for a FREE consultation today. For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.

Planning approval rates grow

By

The number of planning applications granted has steadily increased over the last decade up from 73.5% in 2010 to 80.5% now, new research has found.

Though the number of applications submitted is down by 4%. This number has stayed quite steady in general terms and with increased approval applications the number of actual houses being built has increased from 30% to 42% since 2010.

However, the introduced ethos of ‘presumption in favour of development’ via the National Planning Policy Framework does look to have boosted approvals, with an increase of 30,000 planning permissions per annum since 2014.

Reports have suggested that the increased approval rate has allowed more homes to be completed which has been complemented by a more efficient planning system.

If you need a hand getting your planning application into shape to get it through the planning process. Please do get in touch with us.

Why not call us for a FREE consultation today. For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.

What do you know about Ag Tags?

By

Not a lot? Then let us help you!

Some property on farmland has been restricted to Agricultural Occupancy (and have an Ag Tag) meaning they limit the use and occupation of the property to those employed in agriculture and were originally aimed at ensuring that the dwelling remains available to the wider agricultural workers community.

But the removal of an agricultural occupancy condition, or a certificate of lawfulness to regularise the non-compliance with it can increase the value of the dwelling by up to 30% so it is well worth considering.

We firstly look at what the circumstances are regarding the occupancy of the property to see if either route is appropriate for the Client.

The first route to addressing the ag-tag is by an application to the Local Authority to remove the condition from the original planning consent.

The Local Authority is only likely to remove an ‘Ag Tag’ if it can be proven that there is no need for the dwelling to be retained for agricultural workers’ occupancy.

Part of the way to prove this is to advertise the property for a period of between 8-12 months for sale at a realistic sale price.  At the end of that period if there is no interest in the property it is appropriate to have an independent market assessment carried out by a surveyor, taking into account the marketing exercise to demonstrate that there is not an existing or foreseeable need for the dwelling. This feeds into a planning justification statement on why the ag-tag condition is no longer appropriate.

The second route to achieve this is by applying for a certificate of lawfulness. Sometimes ag tag properties have not been occupied by agricultural workers for over 10 years, and where this has continuously happened and the Council has not taken any enforcement action against this, a Certificate of Lawfulness can be applied for to make lawful the occupancy of the house by non-agricultural workers. This does not remove the ‘ag-tag’ condition from the original permission but makes lawful the occupancy of the house by non-agricultural workers. Robust evidence needs to be provided to the Council about the occupancy of the dwelling to evidence the non-compliance with the ag-tag occupancy condition.

Is this something we could help you with?  Why not call us for a FREE consultation today. For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.