NEWS |
AUTUMN 2019
NEW BEGINNINGS
|
RESIDENTIAL
|
LEISURE
|
ENERGY
|
WASTE
|
REGENERATION
|
AGRI-FOOD
|
LICENSING
|
INTRODUCTION
WELCOME NEW BEGINNINGS
It’s been a very busy 2019 for the Clyde Shanks team and we are delighted to celebrate eight years in business this month in our new home in Belfast’s bustling Cathedral Quarter.
and have been delighted with the very complimentary feedback that we have received from clients and fellow professionals on our new surroundings.
What better way to mark this exciting new chapter in our journey than to issue our third Clyde Shanks newsletter and share what our team has been up to, highlight the diversity of our project work and fantastic clients and the challenges that we all face against the never ending backdrop of Brexit, the absence of our local administration at Stormont and the continued challenge in securing timely planning decisions across Northern Ireland.
We look forward to continuing to provide highly professional and responsive planning advice to our established client base and to welcoming some fresh clients to the fold over the coming months.
Our new office at 7 Exchange Place off the cobbles of Hill Street has been designed and fitted out by the clever and creative people at Terry Design and they have delivered a wonderful new working environment for our team. We have been energised by our move
We have seen continued strength in the local housing market with exciting ongoing work in Belfast, Lisburn, Hillsborough, Bangor and Ballyclare and across NI and continued growth across agrifood, waste and
PAGE 2
energy infrastructure, tourism and hospitality and liquor licensing. More recently there has also been a pleasing increase in enquiries for renewable energy re-powering and energy storage. Industry calls for revised targets seeking 70% of electricity generation from renewable sources by 2030 are very welcome with the longstanding 40% target reached this year. That needs to be underpinned by policy direction. The first wave of new Council prepared Local Development Plans are emerging and how these play out with DfI and the examinations before the Planning Appeals Commission will make for interesting times ahead. Enjoy our latest Newsletter! Clyde
N E WS
RESIDENTIAL
CONTINUED FOCUS ON HOUSING ACROSS NI SUCCESSFULLY NAVIGATING THE PLANNING PROCESS Over the last few years Clyde Shanks has continued to act for a large number of volume housebuilders across Northern Ireland. At last count we have secured or are in planning for some 3,500 dwellings with several sites of over 100 dwellings in the greater Belfast region. Clients are attracted to our full service offer which evaluates sites from a standing start, assists in the appointment of a suitably experienced professional team, assesses constraints and opportunities, identifies project risks and handles all aspects of the planning process in a proactive and commercial manner. As agents for planning applications we initiate the prior notice of application to local Councils, engage them in preapplication discussion to seek to secure consensus on the proposed quantum and nature of development and manage all aspects of the pre-application community consultation.
In preparing public consultation information boards and design and access statements we are able to fuse our planning understanding and our in-house graphic design skills together with architectural input to create very high quality persuasive material. We take time to ensure that our messages are well articulated, easy to understand and that we are in attendance to listen to concerns raised by members of the public and explain how the proposal may overcome these or what we and our client can improve and do better. Our recent successes have included securing residential permissions across multiple Councils, DfI Planning and on appeal to the Planning Appeals Commission. We are currently progressing plans in Lisburn, Hillsborough, Bangor, Belfast, Ballyclare, Portadown, Limavady, Annalong, Magherafelt, Portstewart and Rasharkin to name a few. We hope to push our numbers up higher and look forward to continued strength in the local housing market.
This aspect enables us as planning professionals to engage with the wider team in collating very high quality visual material to showcase what we are proposing and how it has considered the development plan and all other material considerations. After all that is the key decision making context for all decision makers.
NEW RESIDENTIAL NEIGHBOURHOOD AT BALLYCLARE INCLUDING LOCAL CENTRE AND RELIEF ROAD
PRE APPLICATION COMMUNITY CONSULTATION REPORT MARCH 2018
PROPOSED RESIDENTIAL DEVELOPMENT
~ GLEBE ROAD RASHARKIN
~ PHASE 5 PA D S U B M I S S I O N
SUPPORTING PLANNING STATEMENT
DESIGN CONCEPT STATEMENT APRIL 2018
MARCH 2018
PAGE 1
PAGE 3
N E WS
PLANNING PROCESS
MANAGING THE PLANNING COMMITTEE EXPERIENCE PREPARATION IS KEY
The role of the planning committee is now crucial in decision making on development proposals across Northern Ireland. They hold the power to take the decisions, informed but not bound by professional planning officer advice. Each Council has their own individual Planning Protocol designed to ensure that planning decisions are consistent fair and equitable. Each protocol offers guidance for Councillors, applicants, agents and the general public. Our team has gained considerable experience in presenting to each of the 11 Council planning committees. We seek to ensure that we are fully prepared and ready to respond to defend our clients’ best interests. That places a focus on four simple principles.
TRACK THE NOTIFICATION PROCEDURE
There is no guarantee that case officers will inform applicants or agents that an application is being brought to committee. For the most part schedules are published on each Council website and these must be checked on a regular basis;
ARRIVE ON TIME
The quantity of applications brought to Committee varies as does the time to discuss each one. If you are late in the running order it may be tempting to time your arrival but this increases the risk of missing your slot;
SIMPLIFY THE KEY POINTS OF YOUR CASE
Use easy to understand presentational aids, including display boards or other graphical aids. Long rambling statements don’t work!
UNDERSTAND THE POLITICAL DYNAMIC
Is there movement amongst the Members to depart from the officer recommendation? In respect of third party objections, each Council varies in their approach. Mid Ulster, for example, considers that one objection raising material planning issues is enough to warrant committee consideration while in other Councils this threshold can be up to five individual objections. Generally applicants and objectors are given three minutes to speak for or against proposals. Some however, notably Newry, Mourne and Down District allow this to extend to five minutes. Members are increasingly confident in departing from planning officer recommendation, turning recommended approvals in to refusals and vice versa. That makes a presence at the committee meeting all the more important and underlines the need to avoid any complacency. Articulating your case briefly and persuasively and demonstrating a proposal’s compliance with the key planning policy and responding to concerns raised by any third parties is your challenge. Remember too that the Members question time gives you further air-time to elaborate on your key messages. Finally, it is important to stay alert to what Members say in their queries and questions and respond to the specific matters raised in an informed and professional manner. Often there can be blurred lines between planning reasons and political reason for wishing to move towards approval or refusal and it is critical to have a finger on the pulse of both and read the room to present the best case for your client.
PAGE 4
N E WS
PLANNING PROCESS
COSTS CLAIMS AT PLANNING APPEALS When planning powers moved to the new councils in April 2015, one of the most anticipated changes to the NI planning regime was the introduction of costs claims for planning appeals. The introduction of costs gave the Planning Appeals Commission (PAC) the ability to award costs to an applicant or Council where it is deemed that one side acted unreasonably and caused an unnecessary appeal. The PAC has the discretion to award full costs, or a portion of the costs incurred as it sees fit. The PAC is only required to consider the matter of costs where one of the parties to a planning appeal formally submits a written costs claim with their statement of case or in advance of any hearing. It is now four years since the introduction of costs claims and the process has had time to ‘bed-in’. There have been a significant number of claims submitted to the PAC during that time, primarily from applicants, but it is not unknown for Councils to submit claims in certain circumstances. In practice the trend has been that a relatively small proportion of costs claims have been successful, with the PAC carefully considering claims and making it clear that one side losing an appeal does not automatically mean the other side’s position was unreasonable. Rather, it is incumbent on the claimant to demonstrate that the behaviour of the other party was unreasonable in the first instance, and that secondly, the unreasonable behaviour resulted in the claimant being put to unnecessary expense. Based on a review of recent costs claims considered by the PAC, the first element is most likely to be met where no clear evidence or rationale can be shown by a Council for one or more of its refusal reasons.
In our experience this is at least in part down to Council planning committees overturning officer recommendations and refusing applications, particularly where professional consultees such as DfI Roads and Rivers Agency have not raised any objections to an application. It is incumbent on Councils to be thoughtful when overturning professional consultee recommendations which are based on analysis of detailed reports prepared by expert consultants, as these matters may be less open to opinion than more subjective matters such as amenity and visual impact. Where unreasonableness is demonstrated, the second element requires the claimant to prove that this behaviour resulted in them having to pay for consultants to prepare reports or attend a hearing that was unnecessary. This could be for the whole appeal process, or relate to a single refusal reason. Where this is also demonstrated the claimant can then submit their costs to the other party for payment. In summarising the operation of the costs claim process since its introduction, although the number of claims awarded to date is relatively modest, it is our view that this process is proving to be a critical check and balance within the decision-making process. It ensures there are tangible financial consequences where it can be demonstrated that there has been unreasonable behaviour by a party to a planning appeal that caused unnecessary work for the other party. Clyde Shanks has been involved in submitting costs claims on a number of planning appeals since this approach was adopted in 2015 and we have had a number of successes where our clients have been able to claim significant costs from Councils where the PAC has deemed them to have acted unreasonably.
PAGE 5
N E WS
TEAM
OUR NEW HOME EXCHANGE PLACE, CATHEDRAL QUARTER
We identified our new home around the turn of the year with excellent assistance from Robert Toland, that quiet unassuming property agent at Cushman and Wakefield. After looking at a whole range of properties we finally found our match with space and potential to create what we were looking for, the potential to reconfigure the space to create a bespoke conference meeting room and more spacious open plan work areas and also informal meeting
space and team breakout areas. And, of course, a shower for the more active members of our team! All we needed was some creativity and a safe pair of hands to turn our vision in to reality and manage the painful day to day fit out in doing so. Enter Terry McDonagh and his team from Terry based in Portadown. We first met in January and moved in at the beginning of July! And we are still talking to each other!
PAGE 6
It is safe to say that the office space has been transformed and we have created a working environment that is second to none in a very exciting part of the city. We hope to enjoy our new home for many years to come and look forward to welcoming clients old and new and to continuing to provide our high quality professional service to enhance their businesses.
N E WS
PAGE 7
N E WS
LICENSING
LIQUOR LICENSING APPLICATIONS HINCH DISTILLERY AND THE HARP BAR
Our expertise in preparing comprehensive evidence for liquor licensing applications and presenting this to Court has seen continued growth in the level of new instructions from across the hospitality sector over the last few years. This has included acting for Commercial Court Inns in securing a licence for a much expanded Harp Bar following their acquisition of the former NIEA HQ building in Hill Street. The sheer quality of the changes to the building both internal and external owe much to the unique ‘Belfast’ vision, passion and character of the wonderfully committed Willie Jack who continues to make such a key contribution to the success of the Cathedral Quarter and Belfast’s evening economy. In addition, we have secured planning permission and assisted in preparing and presenting evidence in Court, instructed by Linus Murray of O’Reilly Stewart solicitors, to secure the necessary liquor licence for a new whiskey and gin distillery including restaurant, off sales and tasting room for Hinch Distillery. This very exciting new tourism development by well-known entrepreneur Terry Cross is presently under construction and is due to open to the public in 2020, located close to the Temple on the main Belfast-Newcastle road.
PROPOSED FERMENTATION ROOM NOT TO SCALE
Contractors must verify all dimensions on site before commencing any work or shop drawings. Figured dimensions must be used and drawings not scaled. Any errors or discrepancies to be reported to the Architects.
Other notable work has seen us act for existing publicans in preparing objector evidence against proposals for new Wetherspoons public houses in Belfast first at Royal Avenue and more recently at University Road. We have advised clients in relation to new off sales with notable recent success at Cathedral Road, Armagh and forthcoming Court appearances in Lisburn and Craigavon. Please get in touch and we’d be delighted to have the opportunity to explain how we can help you to make your plans become reality.
PAGE 8
N E WS
TOURISM
THE OPEN AND RENEWED GROWTH IN TOURISM INFRASTRUCTURE INCREASE IN APPLICATION ACTIVITY
Analysis undertaken on behalf of the R&A to examine the economic impact of the Open championship has previously suggested that its true value to a local economy is calculated at some ÂŁ80million. That figure includes the direct local economic benefit from hotel stays, restaurant expenditure and other local expenditure but also allows for the global marketing that the worldwide television audience of around 500 million homes is conservatively estimated to be worth in terms of showcasing Northern Ireland as a tourism destination. We were delighted to act for the R&A and secure planning permission for the major infrastructural transformation of Royal Portrush to become a major championship venue.
The investment that has been made has created a superb template which anyone who witnessed the wonderful success of the 148th Open championship this July will be quick to acknowledge. What is pleasing is the wider positivity and renewed focus on tourism growth that the Open has inevitably sparked. We are advising American clients on their proposal to create a luxury bespoke golf lodgings overlooking Royal Portrush inspired by the success of Links House at Royal Dornoch. That would significantly assist in longer retention of high spending international visitors currently playing Royal Portrush but not choosing to overnight on the North Coast due to a lack of luxury accommodation. Creating such high quality upper end facilities is crucial to improve the overall offer and attractiveness of the Causeway Coast as a global golf destination and meet the discerning needs of the higher spenders.
PAGE 9
Further exciting developments include new and expanded caravan site proposals in Portrush, Portstewart and Ballycastle as well as in securing glamping pod and smaller scale accommodation proposals. There is an exciting impetus in this area of work but also an important focus on thoroughness to ensure that proposals are managed through the process and supported by robust technical, environmental and wider supporting information. That and close working relationships with Council planning officers is key to ensuring that recommendations to Members and their subsequent decision making is lawful and weighs up all relevant and material planning considerations.
N E WS
ENERGY
BATTERY ENERGY STORAGE SYSTEMS (BESS) TACKLING THE ENERGY STORAGE CHALLENGE
The region’s 40% target for power generation from renewable sources by 2020 has been exceeded a year early – statistics published in September 2019 show that the figure stood at 44% in stark contrast to the modest 3% contribution back in 2005. Having achieved this significant milestone the challenge now is how we ensure that the grid network adapts to this energy diversification.
Battery Energy Storage Systems (BESS) have been identified by SONI as important new technology with promotion of a programme, DS3, “Delivering a Secure, Sustainable Electricity System”. In contrast to fossil fuel generators, renewable forms of generation such as wind and solar do not produce constant electricity all of the time due to seasonality and climate fluctuations.
It is the responsibility of the System Operator NI (SONI) to deliver a safe, secure and economic operation of the high voltage electricity system in Northern Ireland. To facilitate this, SONI must ensure that sufficient generation and/or demand is available to manage ‘imbalances’ on the electricity system that might result in frequency variations. Government policy requires SONI to significantly increase integration of renewable generation sources and reduce the despatch of orthodox conventional generation. This creates a pressing need for new technologies that are capable of providing essential system services.
The growth of renewables onto the grid presents challenges as they cannot produce power predictably and there is the need to balance the network when there are high amounts of energy but demand is lower. The aim of the DS3 programme is to meet these challenges, allowing SONI to increase the level of renewable “non-synchronous” generation on the power system in Northern Ireland, and to deliver policy objectives.
PAGE 10
The deployment of BES technology will contribute to stabilisation of the electricity network. In short, BES absorbs electricity when a surplus is available and stores it until such as times as there is a greater demand than supply. Guiding BES facilities through the planning process is an essential component of the wider DS3 programme and an important step towards helping Northern Ireland meet its renewable energy targets for 2020 and beyond. Pleasingly Clyde Shanks has been involved in appraising several sites across the region for BES including preparing and managing planning applications in Co. Down and Co. Tyrone and were lead consultant for ABO Wind NI in promoting a battery storage scheme at an informal hearing planning appeal before the PAC in Co. Antrim.
N E WS
TEAM
TEAM NEWS WORKING HARD, PLAYING HARD We like to try and do our bit for local charities and this year we have been delighted to raise almost £4,500 for Cystic Fibrosis and the NI Air Ambulance by running the team relay at the Belfast Marathon in May and tacking the Causeway Coast Half Marathon and 10k in late September. We also have been delighted to continue our race sponsorship of the Supertwins at the Armoy road races in July, the third consecutive year we have backed this wonderful event. It showcases all that is great about the warmth of NI sport and local hospitality. In addition, we sponsored the Wallace High School hockey boys on their trip to Rotterdam this year where they had a superb time! TEAM
FIRST YEAR AT CLYDE SHANKS HAYLEY WILSON, ASSITANT PLANNER Fortunately, the excitement hasn’t dulled! Over the last year I have been involved in a diverse range of planning developments, from residential developments to drivethru coffee shops to glamping pods.
I joined the Clyde Shanks team at the beginning of January 2019. Having been exposed to a vast variety of projects from previous work experience I had carried out with Clyde Shanks and experienced the buzz in the office, I was delighted to be offered a position as an Assistant Planner.
The defining highlights so far have been securing full planning permission for the popular Tim Hortons drive-thru in Glengormley and Coleraine and preparing for and observing an appeal for a roof terrace in Portrush. My normal day involves tracking live applications and updating the team on their progress, liaising with the PAGE 11
Council, preparing applications for submission and consulting with clients or wider professional consultants. Not every day is spent in the office, with site visits to potential sites or meeting with clients across Northern Ireland a regular occurrence. Of course my first year wouldn’t have been as great without the fantastic team I’ve joined! I was warmly welcomed into the office (starting with an invite to Christmas dinner) and have been able to settle in with ease. I have learnt a great deal from my colleagues and can always rely on support from everyone in the office. My first steps into my planning career have been an exciting few months and I am looking forward to continue to grow in my career with the encouragement of a great team of colleagues!
N E WS
WASTE
WASTE PLANNING & ENVIRONMENTAL REGULATION
The words; ‘...you do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.…’ is a statement that automatically creates cause for concern! These are unfortunately the words that you will hear should the Northern Ireland Environment Agency (NIEA) consider that there has been an offence relating to the transfer, keeping, treating or disposal of controlled waste without the benefit of a Waste Management Licence (WML) or Waste Exemption (WMEX). The NIEA powers pursuant to The Waste and Contaminated Land (NI) Order 1997 are robust and can allow for a conviction attracting unlimited fines in the Crown Court and/or a custodial sentence/ proceeds of crime. These powers framed by the Mills Review in December 2013 ‘A Review of Waste Disposal at the Mobuoy site and the Lessons Learnt for the Future Regulation of the Waste Industry in Northern Ireland’ is a further endorsement that the NIEA Environmental Crime Unit are investing serious resource into proactively enforcing the legislation.
authorisation will result in the NIEA carrying out an investigation and thereafter, a potential prosecution. For example, as of November 2016, it was reported that 100 cases linked to illegal dumping are being referred for prosecution every year. A fundamental pre-requisite for a WML is planning permission and/or lawful development certificate. The message is clear, prevention rather than cure is advised and getting your paperwork in order, is critical. The onus is therefore on the landowner (or tenant) to ensure that the planning permission is in place for their waste operations to allow for a WML to be secured and issued. In the last five years, Clyde Shanks has assisted a number of clients in successfully securing planning permission in order to allow for a grant of a WML by NIEA. This involves close liaison with NIEA, the local planning authority and statutory consultees in order to ensure that the permission comprehensively addresses all matters on site that may not be as important for non-waste operations/development.
Operating a waste facility, be it, an End of Life Vehicle Facility (ELVF) facility, Material Recovery Facility (MRF) or for restoration purposes of a brownfield or previous quarry sites without the correct waste
PAGE 12
N E WS
DESIGN
GRAPHIC DESIGN IRWIN CARR BRAND CREATION We were pleased to be asked to work with Irwin Carr, a company formed from the NI wing of Marshall Day and one of our longstanding consultants, on their new company brand identity. The work included creation of a logotype, supporting document templates, imagery and a shiny new website. This was a great project to be involved with and we’re really happy with the results. Have a peek at the website here: www.irwincarr.com
If you need help with any design work then please give us a call. Our Graphic Design wing has a wealth of experience in brand creation, brochure design, web design, packaging and social meda.
PAGE 13
N E WS
PROGRESS
ON THE GROUND It is extremely pleasing to see some of our recent projects that we have secured planning for now on the ground. Some of which include: Centralised Anaerobic Digestion Plant – Ballymena Residential Development – Harberton Park, Belfast Residential Development – Farm Lodge, Magherafelt Exhibition Centre – Eikon, Balmoral Park Extension to existing pub and restaurant – Pablos, Belfast
PABLOS BELFAST
Distillery and Tourist centre – Hinch Distillery, Ballynahinch Specialist Off-Licence – The Friend at Hand, Belfast Golf course modifications – Royal Portrush Golf Club, Portrush Car showroom – Volkswagen, Lisburn Centralised Anaerobic Digestion Plant – McCulla Distribution, Lisburn
FARM LODGE
Off-Licence – Centra, Boucher Road Office space and Café – Ormeau Baths, Belfast WEEE facility – Glassdon Recycling, Toome Research and Development facility – CEDA Engineering, Lurgan Bar extension - The Harp Bar, Belfast
HINCH DISTILLERY
PAGE 14
N E WS
FRIEND AT HAND
AD PLANT, BALLYMENA
HARP BAR
EIKON CENTRE
PAGE 15
N E WS
Second Floor, 7 Exchange Place Belfast BT1 2NA t | 028 9043 4393 clydeshanks.com
For all planning enquiries please contact
For all graphic design enquiries please contact
Clyde Shanks clyde@clydeshanks.com
Rachel Graham rachel@clydeshanks.com
Gavin Rolston gavin@clydeshanks.com Thomas Bell thomas@clydeshanks.com