Tag: planning

Robinson & Hall has welcomed two valuable members of staff at their Bedford office in recent months.

David Cook joined them this month as Senior Building Surveyor. He has over 40 years’ experience in building surveying and has worked on a variety of property types including commercial, retail and historic buildings.

Having previously worked for a large construction company, he has experience in all types of building surveys including defect diagnosis, condition surveys, dilapidations, Party Wall Awards and Reinforced Autoclaved Aerated Concrete (RAAC) Assessments.

Tristan Peck joined in February as Planning & Development Surveyor. He has worked for both the developer and landowner and has over 10 years’ experience. This includes working in the UK housebuilding industry as a Land Manager, specialising in land acquisitions across the Home Counties. He has also worked for Bletsoes focusing on enhancing clients’ portfolios. He has a wealth of experience in adding value to clients’ assets, which has included development, residential, commercial and agricultural projects. Please read his previous article here which includes useful updates on Permitted Development Rights.

To find out more about how David or Tristan can help you, then please contact them.

Since joining Robinson & Hall at the beginning of February, it has been an enjoyable transition back into the planning and development consultancy world, having spent nearly 2.5 years working for a housebuilder. Prior to this, I was at Bletsoes for over 7 years in the Planning & Development team, so I am very familiar with this role and look forward to getting back to helping landowners find added value across their portfolios.

Government Housing Targets

With the UK constantly falling short of its annual targets for homes, and 2023/2024 being the lowest level in over a decade, the new Government has proposed to reintroduce mandatory housing targets and has aimed to deliver 1.5 million homes over the next 5 years. One of the big changes is the recently revised National Planning Policy Framework (NPPF) which includes a new standard methodology for calculating housing need. This has led to local planning authorities being required to deliver 370,000 homes per annum, as opposed to the previous target of 300,000, under the current method. Due to this, councils are having to plan for sufficient housing and be able to demonstrate a 5-year land supply.

Permitted Development Rights

Recent changes to the Permitted Development Rights have opened the door for landowners to consider making changes within their farm holdings. With farmers always looking at other means of generating income away from farming itself, permitted development is seen as a fantastic avenue to explore. Many of my meetings consist of discussions around Class Q, Class R or Class A, and all three have seen changes recently.

Class Q

First introduced in 2014, Class Q is a valuable tool for landowners to convert old barns, sheds and grain stores without needing to apply for full planning permission. Recent changes have included the inclusion of agricultural buildings which are not part of the established agricultural unit. This will give farmers and landowners the opportunity to convert outlying buildings, which has previously been against the rules. Historically, buildings had to be solely used for agricultural use, however this has been removed in instances where that building is part of an established agricultural unit.

Other changes have included the maximum number of dwellings increasing to 10, with a total floor area of 1,000 m² (previously the number of dwellings was limited to 5 with a maximum floor space of 865 m²).

Frustratingly, the maximum floor area for a single property has been reduced from 465 m² to 150 m².  

Class R

Class R allows landowners to convert agricultural buildings to a range of commercial uses, along with diversification to other uses such as sport and recreational. The total floor area allowance has increased from 500 m² to 1,000 m².

Class A

For farms of over 5 hectares, the maximum size the barn can be is 1,500 m², and for holdings less than 5 hectares, the total size limit has increased to 1,250 m².

Many of Robinson & Hall’s client base are situated, fortunately, within the area known as the Oxford to Cambridge Arc. This is a globally significant area between Oxford, Milton Keynes and Cambridge which supports over 2 million jobs and adds £110 billion to the economy every year. It is seen as one of the fastest growing economies in England and there is a recognition by the Government that it is an area of opportunity to build a better economic, social and environmental future for the area. There is a real push over the next decade to transform this area, with initiatives such as the East West Rail being promoted to ensure better connectivity between Cambridge and Oxford, not to mention the potential of Universal Studios UK coming to Bedford, which would create thousands of jobs and put Bedford truly on the map! It is still some way off, with the theme park not expected to open until 2031, however it could be transformational for Bedford Borough.

As you can tell from the above, there is always lots going on and it is difficult to keep track. If you have a planning query or are curious as to whether your land has development potential, please do get in touch. It would be good to meet, and you never know, you might be sitting on a goldmine.  

Please contact Tristan for more information or to find out how he can help you.

Certificate of Lawfulness rules

A recent change in the law came into force on 25^th April 2024. This requires all applications for certificates of lawfulness relating to alleged breaches of planning control to be subject to the 10-year rule, which has caused confusion to many property owners and developers.

Our view at Robinson & Hall is that applications for qualifying developments can still be submitted based on 4-year evidence, provided that the breach occurred before 25^th April 2024. This is derived from case law which confirms that an accrued lawfulness endures unless it is abandoned.

Please contact us for an initial assessment and assistance to apply for a certificate of lawfulness.

Appeals case studies

We recently obtained planning permission on appeal for a change of use from agricultural land to a dog walking field (sui generis) in Central Bedfordshire.

The main highlights of the case are:

• The Inspector opined that as a leisure activity, dog walking would be appropriate in the open countryside as it would support the rural economy and agricultural diversification.

• Although noting that most users of the facility would rely on the use of private vehicles to access the site, the Inspector reasoned that Government advice within the National Planning Policy Framework acknowledges that sites  meeting local business and community needs may have to be found adjacent to or beyond existing settlements and in locations that are not well served by public transport.

• Furthermore, the Inspector agreed with the Appellant that it is not uncommon for dog walking to be undertaken outside of settlement boundaries. Therefore, given that the availability of sustainable transport options varies between urban and rural areas, it is reasonably likely that local dog walkers regularly travel by private car to dog walking destinations.

• The Inspector also agreed with the Appellant that the development would not cause harm to the character and appearance of the countryside.

This is only one example  demonstrating how landowners can take advantage of policies that support agricultural diversification. Please contact us for more ideas on how you can unlock the value of your land through the planning process.

Difference between permitted development rights to convert and change the use of agricultural buildings to residential use (Class Q) versus the change of use of agricultural buildings to a flexible commercial use (Class R).

We obtained consent for our client through the appeal process to change the use of an agricultural building to flexible commercial use (Classes B8, C1 or E) through Permitted Development Rights, commonly referred to as Class R.

The main highlights of the case are:

• In awarding costs against Bedford Borough Council, the Inspector opined that it is clear that Class R does not permit any operational development associated with the change of use and that the Council misdirected itself by applying tests from other classes of the General (Permitted Development) Order, in this case, Class Q.

• Unlike Class Q development, there is no requirement for the building changing use under Class R to be structurally sound.

Biodiversity Net Gain (BNG)

BNG has become mandatory from 12^th February 2024. No matter what size your development, at least a 10% BNG must be achieved, except for those developments which are exempted from BNG requirements.  These are listed in our previous article which can be found here.

Key points to consider

1. Involve the professionals, i.e. planners, landscape architects, ecologists, as early as possible to ensure that the design of your layout will achieve the BNG requirements.

2. Any habitats within the red line boundary must be included in the baseline where BNG is required. You will need to understand the baseline and site conditions and keep track on the landscape designs and BNG.

3. You should avoid or reduce any negative impact on biodiversity through the site selection and layout design. At least 10% increase in BNG must be delivered through (1) creating biodiversity on site, (2) making off-site biodiversity gain from your own land outside the development boundary, (3) buying off -site biodiversity units on the market or (4) buying statutory biodiversity credits from the Government.

4. You must use the Statutory Biodiversity Metric to measure the biodiversity value of habitats, including area-based habitats (e.g. woodlands), linear-based habitats (e.g. hedgerows) and watercourse-based habitats (e.g. rivers, streams), by calculating the number of biodiversity units.  The minimum 10% increase in biodiversity units for BNG must be achieved for each habitat module independently.  

5. If any river or stream lies within 10m of the red line boundary, or any ditches, canals and culverts are located within 5m of the red line boundary, then the watercourse unit module is applied. A 10% uplift of watercourse unit must be achieved.

6. Both on-site significant enhancements and all off-site BNG provision must be legally secured for at least 30 years. A Habitat Management and Monitoring Plan (HMMP) must be submitted, which outlines how the land will be managed and monitored and how the habitats will be created or enhanced over at least 30 years. 

7. If you are not able to create the BNG on site or off site, as a last resort you can buy statutory biodiversity credits from the Government. You should contact the Local Planning Authority (LPA) and apply for purchasing credits. It can take up to 8 weeks for the LPA to approve your application. You must prove why you cannot meet BNG by using on-site or off-site options.

8. After planning permission has been granted, you must submit a Biodiversity Gain Plan to the LPA for approval. You cannot start the development until the LPA approves Biodiversity Gain Plan and biodiversity metric tool calculation.

For more information or to find out how our Planning & Design team can help you, please contact 01234 352201.

In England, Biodiversity Net Gain (BNG) has become mandatory from 12^th February 2024. Development must now achieve a 10% BNG measured against the pre-development biodiversity value of the on-site habitat.

This 10% increase can be achieved through on-site or off-site biodiversity gains or statutory biodiversity credits. Once planning permission has been granted, the biodiversity gain condition will be imposed. A Biodiversity Gain Plan must be submitted and approved by the Local Planning Authority (LPA) before the commencement of the development.

What will be exempted from BNG requirements?

• Planning applications made before 12^th February 2024.
• Section 73 permissions where the original permission was either granted or made before 12^th February 2024.
• Retrospective planning permission made under Section 73A.
• Small developments (exempt until 2^nd April 2024).
• Development that does not impact a priority habitat and impacts less than 25 m² of habitat or 5m of linear habitats such as hedgerows.
• Householder development, e.g. home extensions, conservatories or loft conversions.
• Self-build and custom-build applications which consist of no more than 9 dwellings on a site with an area not larger than 0.5 hectares.
• Development of a biodiversity gain site.
• Development related to high speed rail transport network.
• Urgent crown developments.
• Development granted planning permission by a development order including Permitted Development Rights.

What do you need to prepare in respect of BNG in advance of a planning application?

1. Check whether it is exempted.
2. Consider BNG in the site selection and design.
3. Carry out a pre-development biodiversity calculation of the existing habitat and explore possible ways, i.e. on-site, off-site or statutory biodiversity credits, to achieve BNG.
4. Submit the application with the information of pre-development biodiversity value, completed metric calculation, a description of any irreplaceable habitat and plan(s) showing existing on-site habitat, etc. The amount of information for planning applications will vary depending on the type and scale of development, type of planning application, the on-site habitat impacted and the extent of any significant on-site enhancements.
5. Once planning permission is granted, submit a Biodiversity Gain Plan for approval  together with the information of on-site habitat, registered off-site biodiversity gain or any biodiversity credits purchased prior to the commencement of the development.
6. For significant on-site habitat enhancements, it must be secured by either a planning condition, Section 106 agreement or conservation covenant for at least 30 years after the completion of the development.
7. To buy or sell off-site gain, it must enter a legal agreement for at least 30 years from the date of completing the habitat enhancement.
8. It will be in breach of planning conditions, planning obligations or legal agreement if the BNG requirements cannot be met. The LPA could take enforcement action.  

If you would like more information on the above or would like to find out how our Planning team can help you navigate the additional BNG requirements associated with a planning application, please contact Abel Bunu, Principal Planner on 01234 362891 or David Sawford, Partner & Chartered Building Surveyor on 01234 362909.

The Levelling-up and Regeneration Bill received Royal Assent on 26th October 2023 and is now officially the Levelling-up and Regeneration Act 2023. However, some of the sections relating to development management and plan-making have not commenced and will require secondary legislation.

It is intended that the Act will, among other things, help in delivering new housing, regenerating high streets and bringing vacant properties back to life.

Some of the key changes are:

• A simpler alternative to the neighbourhood planning process will be introduced, providing communities with a more accessible way to set out their key priorities and preferences for their local areas.
• The scope of Local Plans will be limited to locally specific matters and issues that apply in most areas will be covered by a new suite of national policies.

• Councils will have the power to decline to determine applications from applicants who have been slow to implement previous permissions across their entire authority areas.

• Residents will be given greater control over developments through a ‘street vote’ system which will permit residents to propose development on their street and hold a vote on whether planning permission should be given.

• A new levy will replace Section 106 planning obligations and the Community Infrastructure Levy.

• Loopholes preventing or delaying planning enforcement will be closed.

• The period for taking enforcement action will be increased in all cases to 10 years except in Wales where 4 years will continue to apply for certain developments.

• Planning application fees will be raised by 35% and 25% for major and minor applications respectively on 6th December 2023.

• Tools to force developers to complete schemes will be made easier for authorities to use.

• A new duty will be introduced on councils to grant sufficient permission for self and custom build housing to include pre-existing, unmet demand for this type of housing.

• The Secretary of State can allow planning inspectors the power to conduct proceedings “wholly or partly remotely”.

All the changes are designed to ensure that developments are sustainable and more energy efficient and with the aim of speeding up the planning process.

If you would like more information on the above or would like to find out how our Planning & Development team can help you take advantage of the changes being introduced to the planning system, please contact me.

The Department for Levelling Up, Housing and Communities is running a consultation until 25th September 2023 on a proposal to further relax Permitted Development Rights for selected categories of development.

The Government is looking to ensure that the planning system is efficient, effective, responsive and delivers beautiful and well-designed development. This consultation requests views on proposals designed to promote the delivery of well-designed development and support housing delivery, the agricultural sector and economic growth.

Some of the main highlights in the consultation paper include the following proposals:

Change of use of buildings within the commercial, business and service use class to residential use (MA)

• Either double the current permitted floor space of 1,500 sq m to 3,000 sq m or remove the limit all together.
• Proposal to remove the requirement for the property to be empty for three months before application.
• Widen the scope for commercial conversions to include the Area of Outstanding Natural Beauty (AONB) and National Parks.

Agricultural buildings to houses (Class Q)

• Double the maximum number of dwellings from five to ten.
• Increase the maximum floor space from 865 sq m to 1,000 sq m. 
• Allow for single storey rear extensions to be created.
• Allow work to take place in conservation areas, AONB and National Parks.
• To be extended to former agricultural buildings that are no longer on an established agricultural unit or to buildings that are not used solely for agricultural purposes.
• Possible extension of rights to equestrian or forestry buildings.

Agricultural buildings to a flexible commercial use (Class R)

• Extend these rights to include outdoor sports, recreation and fitness, e.g. paintballing but not motor sports.
• The rights might extend to all B2 (general industrial uses) to only allow processing of raw goods produced on the site and to be sold on the site, excluding livestock.
• Proposal to double the maximum floorspace from 500 sq m to 1,000 sq m and allow for multiple uses at the same time.
• Possible extension of rights to equestrian or forestry buildings.

Agricultural development on land over 5 hectares (Part 6, Class A)

• Extended barns could increase in size from 1,000 sq m to 1,500 sq m.
• New buildings would still be limited to 1,000 sq m. 

Agricultural development on land below 5 hectares (Part 6, Class B)

• Existing barns to be extended by 25% with an overall limit of 1,250 sq m.
• Extensions to the cubic content of the original barn to increase by 25%.

Please note that the above list is not exhaustive.

Abel Bunu, Principal Planner, comments “As usual, we expect that if the proposed changes succeed, they will come with a raft of qualifying criteria to be satisfied before enjoying the Permitted Development Rights. Nevertheless, the additional flexibility offered would increase the opportunities for development of agricultural land and buildings.”

Responses to this consultation can be sent via the online link here or via email to PDRconsultationsummer2023@levellingup.gov.uk. It is important to respond where applicable as all responses are reviewed when determining whether the changes are to take place.

Please note that local planning authorities have the right to withdraw Permitted Development Rights and so it is important to act quickly before this happens.

If you would like more information on the above or would like to find out how our Planning & Development team can help you take advantage of the changes being introduced to the planning system, please contact Abel or David.

With the growth in the market of short term lets of a room or rooms in a residential property through Airbnb and other such companies, has led the Department for Levelling Up, Housing and Communities to hold a consultation on the introduction of a new use class and associated permitted development rights. The consultation has now closed but it covered the following areas:

1. The introduction of a new use class for short term lets.
2. The potential introduction of new permitted development rights for the change of use from a house to a short term let.
3. The potential introduction of a new permitted development right for the change of use from a short term let to a house.
4. How flexibility for homeowners to let out their home for a number of nights in a calendar year could be provided through either changes to the house use class or an additional permitted development right.
5. The introduction of a planning application fee for the development of new build short term lets.

We expect that if the proposal succeeds, it will come with a raft of qualifying criteria to be satisfied first before enjoying the permitted development rights. Nevertheless, the new use class will provide an opportunity for property owners to explore new investment options for their property.

Please note that local planning authorities have the right to withdraw permitted development rights and so, if the new use class and associated permitted development rights do come in, it is important to act quickly before this happens. We will update you once any announcements have been made.

If you would like more information on the above or would like to find out how our Planning & Development team can help you take advantage of the changes being introduced to the planning system, please contact Abel Bunu, Principal Planner on 01234 362891 or David Sawford, Head of Planning on 01234 362909.

If you are planning a new building project this year, please contact us and our highly successful team can help you to get the planning process started.

The images below highlight some exciting projects we have previously been involved with and delivered a successful outcome. We are happy to advise you on the potential feasibility of your scheme and provide our expertise and practical opinion on all the factors you are likely to encounter.

You can also click and browse here to obtain further information on our services.

Whether it is a domestic or commercial project, please give us a call on 01234 352201 to discuss your ideas and to start the planning process.

Opportunities to invest in renewable energy is on the increase, helped by the fact that the Government has set ambitious targets to boost the transition from fossil fuels to renewable energy sources.

With a focus on maximising the efficient use of land, the strategy supports “co-located” solar projects that are developed alongside farming, onshore wind generation or energy storage, all of which present an opportunity for farm diversification.

We have been actively involved in securing planning permission for a solar farm in Central Bedfordshire and are well placed to offer sound advice and guide you through the entire planning process.

We have the expertise to assist you and will carry out a planning appraisal to assess your land for potential renewable energy development. We will ensure you take advantage of the opportunities available and make a real contribution towards mitigating the effects of climate change by generating clean energy.

We are also acting for a number of landowners looking to agree terms with solar developers on option agreements. We are therefore well placed to advise on the commercial terms of such agreements should you be approached by a developer looking for an option over your land.

For more information or to discuss your land with our planning team, please contact Abel Bunu.

Over the last three years, we have seen a growing trend of landowners being approached by developers looking to develop new garden villages. These garden villages are often within the open countryside on land that we would not normally consider suitable for development as it is not adjoining any major settlement.

The garden village concept is for these communities to be self-servicing, with a local service centre, and to vary between 1,000 and 3,000 houses. The area of land required is significant at 200 to 600 acres per village and we have noticed a trend towards being close to a train station and/or good road connection.

The garden village concept therefore offers huge opportunities to landowners to gain the benefit of development proceeds, whilst also creating a development that they can be proud of with a focus on place making and designed with the community in mind.

The first few developments using this new concept have now received planning permission and the house builders, in particular the large PLCs, like the concept due to them being able to provide a significant housing number over the long term. The advantage to the local councils is that it provides the opportunity to locate housing away from further expansion on the edges of existing conurbations.

With the continued need for new housing sites and the Government preparing its Strategic Framework for the Oxford to Cambridge Arc, we are already involved in negotiations for a significant number of garden village sites and expect to see further proposals come forward through the planning system.

If you are a landowner and are approached about a new garden village development, please do consider it carefully and discuss it with us at an early stage. The development of such land may feel farfetched but it may now be far more likely than it once was.

Should you have any questions then please contact Andrew Jenkinson, Partner and Rural Chartered Surveyor, on 07967 964508 or email abrj@robinsonandhall.co.uk