A brief thank you.

Anniversaries come and go. I rarely pay them much attention certainly historically . Im a planner after all - always looking forward.

Over the weekend a fellow consultant noted it was his work anniversary on my Linkedin feed. Memory jogged. I started sometime in May. A quick diary check showed it was the week of 15 May 2006. So this week I celebrate 15 years of this life called planning consultancy. I remember clearly that Tuesday morning walking into the Main Block foyer of (then) Shire Hall, Mold to commence my first self-employed instruction. 20 hours a week for 3 months helping clear a backlog of planning applications.

I owe thanks to Kay Sheffield (now an Inspector), and Glyn Jones (now retired) for presenting the opportunity and figures to make the jump stack up. To Gary Deane (at David McClean Developments) for advice including “never undervalue yourself” and for sending pre-purchase bank pack planning work to me in that first year or so.

It’s been a pleasure to work with and for some extremely driven, talented and able people along the way as well as the support from some amazing office dogs. Many clients, fellow consultants and supporting businesses, I consider friends. You are too numerous to mention.

It’s also fair to say others have been more challenging - as have I at times.

Longevity is something I’m genuinely proud of but I don’t dwell on it. New and ongoing instructions demand focus now. However, I hope in my own small way during the period, its helped you solve your problems, clarified your thoughts or deliver your opportunities. For the time being the plan is to carry on doing well what is done well, but perhaps not for another 15 years.

The world is very different to when I embarked on this journey, but challenges and issues remain. Wales has just appointed its first Climate Change Minister. A step of far greater significance than a mere name, I have no doubt of the challenges ahead.

I cannot finish without saying that throughout, 3 wonderful people have always been here. No words can ever express my gratitude and love for them. Just “thank you”.

Px

The Importance of Correct Plans

Justice Dove came down from above and handed judgement in Choiceplace earlier today. The case might well have some far ranging implications.

The case involves a lawful development certificate to continue to carry out development following a planning permission. It turned on a streetscene drawing, part of the approved suite of drawings covered by the usual “:in accordance with the the approved drawings” condition. In a nutshell the streetscene didn’t correctly depict the locality. The key paragraph in the judgement is lengthy but says::

There is no reason why the depicted heights of the existing buildings should be regarded as illustrative or somehow excluded from the requirements of condition 1 on the planning consent. As was pointed out during the course of argument, a relationship between a proposed development and the existing height of either adjacent structures or indeed adjacent ground levels is a matter to be accurately depicted on plans accompanying planning permission for good reason. It is at the very least to be assumed to be an accurate depiction, in the absence of any specific text on the drawing indicating that elements of it are not to scale. The Inspector was correct in pointing out that the drawing showed a relationship between the proposed development and surrounding buildings which should have been capable of replication on the site at the time permission was granted and it was not. In short, the development is not capable of being implemented in accordance with the approved drawings because it is not capable of being implemented in a manner which replicates the street elevations both longitudinally and axially which are purported to be shown to scale on drawing P.04. To reach that conclusion does not involve any suggestion that the planning application granted might be capable of controlling the scale or appearance of adjacent dwellings beyond the application on site; it is simply a reflection of the inaccuracy in the plans leading to an inability to construct a development which accords with that which is depicted upon them.

So in a nutshell. if plans don’t accurately depict the site or the locality, then your entire permission could well be of no effect and incapable of being implemented.

In plane view

We thought we would briefly report a rather extraordinary event at one of the early examination sessions of the Flintshire LDP today. Matters of Strategic growth and 2 Key Strategic Sites (the Northern Gateway and Warren Hall) were under discussion.

These are time limited sessions, so after nearly 2.5 hours on the Northern Gateway site - and having already decided she was going to need to give some more time to these matters in a further session next week -the examining Inspector though it fair to give a number of very patient “non-planning professionals” the opportunity to speak about Warren Hall in case they didn’t want to sit in next weeks session.

And the starter for 10 was Airbus. Warren Hall Key site sits under the flightpath/landing/take off/approach to Hawarden Aerodrome. Their witness referenced a new hearing statement issued at 0927 this morning. It seems further assessment has resulted in potentially rather serious concerns over the impact to their runway of the proposals to develop Warren Hall. These matters appears to revolve around mapping of Obstacle Limitation Surfaces and Inner Horizontal Levels and we presumed from the very brief discussion - how much development (if any?) could be accommodated on the site and if so its height above mean sea level.

Wow. The morning of the Examination second day. Just wow.

Flabbers were gasted to say the very least. That left the Inspector with no choice but to park the rest of the session on the spot and to ask Airbus, Welsh Government and Flintshire to find a little corner of a zoom room for a chat. It really would be very odd indeed for a Strategic Site to advance quite so far only for a potential show stopper to emerge at this stage.

A further session is tentatively re-scheduled for next Thursday, assuming the three parties can clarify what the issue is in that time.

Temporary Town Centre and Hospitality Permitted Development Rights.

Welsh Government is to introduce new additional temporary permitted development rights, presumably to free up some things from the planning process to kick start and facilitate popups and aid the much needed post pandemic economic recovery. They take effect on 30 April 2021.

Amongst other things:

Part 4a permits temporary changes of use of land of up to 28 days in the relevant period “for any purpose” and associated moveable structures (14 days in the case of markets and motorsport) . Markets by or on behalf of a local authority have no upper day limit. These rights apply until 03 January 2022, are restricted in more sensitive locations. Temporary caravan sites are permitted (although temporary camping/glamping sites are permissible).

New Classes C, D. and E allow temporary changes of use for a period of up to 6 months within town centres from a building in class A1, A2 or A3 use to a use within class A1, A2, A3, B1, D1 or D2. The right applies until 29 April 2022 and the premises must revert to the former use after. Developers must notify the Local Planning Authority of the change. Takeaway use is not PD under these provisions.

A3 uses can place removable furniture to sell, serve or consume food or drink supplied from the premises on the highway between 0800 am and 2200 hours.

And finally…

Retractable awnings will be PD if installed before 29 April 2022. Consent under the Highways Act is a condition of exercising this right.

Tres continentale.

As ever conditions. limitations and interpretations apply and we are always ready to advise on requirements.

We love to be positive so welcome these flexible measures in the planning system. Let’s hope the related “trades” of licensing, highways etc don’t encumber to the extent they negate viability and the short term opportunity. It will also be interesting whether Welsh Government will have released the potential short term activities out of “lockdown”.

What Next for Denbighshire?

Sometimes planning surprises you. Not least a phone call the week before last regarding some land on the market. That triggered a series of checks and cross checks.

The first surprise is that the Outline Planning Permission for the Key Strategic Site at Bodelwyddan has lapsed. It was (is?) the kingpin of he Current LDP Strategy and the Preferred Strategy in the Replacement LDP consulted on in 2019. It is also a key scheme in the North Wales Growth Deal Land and Property Programme.

Despite the scheme’s original promoters no longer being in play, new interests secured some non-material changes to the outline permission last year, removing some of the obstacles to submitting reserved matters. It might (in theory) have been relatively straightforward to apply to extend the life of the permission. Covid 19 may have hindered preparation of reporting and scheme design in mitigation were an application of that type made. Yet it wasn’t. That is perhaps the greater surprise.

So, now Denbighshire has no approved jewel in its Development Plan Crown. So tightly defined is Policy BSC 5 on which the KSS hangs, a new, alternative (lesser?) scheme might well depart so significantly from the LDP as to force an early LDP review as it would not comply with the current LDP and be open to challenge.

That leaves, in its immediate wake, 3 questions to ask.

1 . What now for Denbighshire, its development plan and this part of the Growth Deal?

2. Deliverability is key to planning in 2021. As the saying goes, “Once Bitten, twice shy’. Will Denbighshire Officers and Members have the appetite to promote the KSS or a KSS lite a second time ?

3. What other immediate opportunity exists in the wake of the KSS lapsing?

A New Era: Future Wales 2040

The national development framework - Future Wales: The National Plan 2040 - has been published today. Future Wales replaces the Wales Spatial Plan and forms part of the development plan for Wales.. It sets out high level and strategic national planning policies, some of which will be relevant to to individual planning applications and appeal decisions from today. It also sets contexts and requirements for new Strategic Development Plan (In the case of North Wales, a “Regional Plan” spanning all 6 LPAs and National Park) which will start to gather steam from mid 2022 onwards,. Local Development Plans are also be required to be in general conformity with Future Wales.

Alongside that, a new Edition of Planning Policy Wales has also been published today. Edition 11 aligns national planning policy with Future Wales and reflects recent legislative, policy and guidance updates.

As a consequence of the changes brought by Future Wales, TAN 8 (Renewable Energy) has been revoked.

January 2021 News

What’s it like working as an independent planning consultant? I thought this year, at the end of each month, I would do a short post about our work. Let’s see how it goes. Let me know if there’s anything of interest or things you’d like me to cover. Firstly, i write this on a Friday. I plan to continue the work-life balance of Fridays off, but todays catching after the start to the year.

As a starter for ten, COVID-19 remains pretty much foremost in all our minds. The onset of fever and aches mid month resulted in a very rare shutdown for over a week, all after a late post Xmas return. Its difficult to accept when self-employed not least it can impact income and creates pressure on work. A few days lost working were more than compensated by a negative result.

Welsh Government has prolonged temporary (online only and hard copy) PAC procedures, which were due to expire this month. The extension, until 08 October 2021 gives welcome certainty for the foreseeable future. A consultation on a long term solution is promised ‘in the New Year’ but hasn’t materialised yet.

Speaking of PAC, a new consultation event was issued this week, on proposals to redevelop the Ty Nos Night Shelter site in Wrexham as new triage hub with 19 apartments for the homeless. Details of that here. Also acting on a proposal in Llandudno for a smaller 3 unit conversion scheme for homeless accommodation, where we hope to have convinced planners that lawful ‘fallback’ and social benefits of reuse of a tired guest house, outweigh perceived flood risks.

Just before I put this note together, the send button on submission of outline proposals for up to 140 dwellings on an allocated housing site in Flintshire was pressed. It’s great when any application goes in, even better when it’s one that involves huge team efforts across multiple disciplines. The PAC saw significant responses and objections in the community. The proposals are especially interesting as they seek a large proportion of EPC A performance affordable housing, which is technically challenging and market housing must be to larger than standard sizes. One to keep an eye on.

Speaking of Flintshire, attended its LDP pre examination hearing meeting mid-month and look forward to taking part in the first virtual LDP Examination in Wales (UK??) in the next couple of months. We already hear talk of delays to the examination but trust these won’t be too long. On the LDP front, Denbighshire dropped a note just before Christmas saying its replacement LDP is a little delayed, primarily due to COVID-19. Don’t expect any decisions on potential candidate sites for around 6 months.

It’s not been the busiest month for decisions. The receipt of the Planning Permission for 63 dwellings in Glasdir, Ruthin was very welcome. Its been some 18 months of challenging work, including a refused larger scheme (and withdrawn appeal). I gather work is already scheduled to start on delivery of that innovative housing project. And hot off the press, A log cabin holiday accommodation - instructed after refusal. Re-submission. Appeal avoided.

The practice has sent out 11 fee proposals with a strong book of work in the pipeline. We have more to issue this afternoon. February looks to be majoring on some listed building conversions,, tourism development and early phase housing advice.

it’s been a little while since I’ve volunteered within the RTPI. To close this month, it’s an honour to have been invited onto the steering group of the Institute’s Independent Consultants Network. I hope to bring a flavour of my experience and Welsh-nuance to the work if this increasingly important sector of the Institute membership.

Next months tease? NDF, SDP, PPW…. .

Till February. P

Business News and Operating Hours

2020 has been an unusual year, It started off terribly in house and it continues to be a difficult year for all.

Here at the office, work schedules have been high through Lockdown I. We have of course been locally Locked-down here in Conwy for a couple of weeks and we expect a winter of “circuit breakers” quite probably starting this week.

Despite that, work programmes remain very high- such is the demand for our brand of planning consultancy - with forward work stretching well into 2021. We have quoted on 5 major projects in the last 10 days alone. Expected LDP Examination in Flintshire and Replacement LDP’s for both Denbighshire and Conwy LPA’s will be new work streams too. Despite the uncertain economic times ahead, there is not a shred of doubt that planning will be absolutely essential to recovery. The Practice has also signed up the Wales Placemaking Charter as we look to ensure we steer clients proposals along the path to success and n the direction of Future Wales 2040 - the National Plan expected late winter 2021.

This October sees four projects shifting from preparation and pre-planning phases into planning applications. It is always good to see babies “fly the nest”. That also causes a moment of reflection - in common with most people since March.

New ways of working have freed up time - especially with travel, an overlooked inevitability of the geography of North Wales. Time on the road has reduced by approximately 8-10 hours a week. Rarely chargeable and often “dead” time to clients or the business. Rather than fill that time with work - which we could easily do- the business is shifting to a 4 day week.

The benefits of 4 day working are well researched and documented. In truth it’s suspected you wont especially notice on a practical level. Pete may be more cheerful than ever :).

We were going to start it from November, but in the spirit of the approach, the office will be closed every Friday starting 23 October 2020. It will be trialled until Christmas. In the way of all things planning we will monitor the effect and review then.

Thanks as ever for your support

Waxed and Polished. Breach of Condition Notice Withdrawn

We posted in May 2019 of success securing a new permission and Sunday/bank holiday working for a hand car wash facility at a site with a lot of history. We wrote at the time “nothing like a challenge”.

Well, a month or so after issuing that planning permission the Council sent out a new decision notice with a changed condition saying Sunday or Bank Holiday working wasn’t allowed now and a letter saying the first decision was issued in error. It also asked we send the “wrong’ un” back. Yep, really… it did that.

We responded to the Council setting out long establish legal principles and case law that it has no powers to issue a second decision notice and thus the original decision notice stood (it had in fact already been implemented by the applicant) and that the car wash would be operating Sundays and Bank Holidays.

Thankfully, all went quiet for about 12 months.

In late August this year the Client sent us a copy of Breach of Condition Notice saying that by working on Sunday and Bank Holidays he was breaching the terms of the permission. The Notice required he cease working on Sundays and Bank Holidays.

Yet again we wrote (and engaged the further help of Planning Solicitors) reminding the Council of the correct legal position, setting out that no condition on the original planning permission had been breached. The Council has now confirmed it is withdrawing the Notice.

Another success and example of the knowledge, breadth and thoroughness working for clients.

Future Wales: The National Development Framework

One of the key strands of the Planning (Wales) Act 2015 is moving forward.

The National Development Framework (now titled Future Wales: The National Plan 2040) has taken a further step toward publication this week. when the document was laid before the Senedd for its 60 days scrutiny period. It is expected that the Minister intends to ensure FW2040 will be in place in February 2021 prior to (and assuming) the Senedd election takes place next May.

A future post will cover the main National level issues emerging from the Plan (and particularly how these relate to North Wales) including:

• Confirmed Strategic Development Plan requirement

• Confirmation of a requirement for a new Green Belt in the Deeside (Flintshire) and Wrexham Corridor (something that it seems is rather slipping under the radar but has very important important strategic implications for cross border issues and the National Growth Area.

• Wylfa.