Log Book

INTERGRATED PRACTISE STUDIO J O E L G AT I LOGBOOK 2020/21

UWE R3 PAVILION Based on what I have researched regarding planning permissions, the R3 stands out to me as an ’Ancillary Area’. An Ancillary Area of a building is an area that supports the function/s of the primary area. Therefore, the R3 shed wouldn’t need a planning permission as its just an extended space of the R block learning space.

Things to consider…

- Single story building?

- Foundations of the building?

- Temporary/permanent structure?

- Size of the structure?

- intension/ behaviour?

- Chattel/ building?

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In the recent years, there have been some changes to planning permission rules. These changes we put in place to help make certain improvements to buildings without having to get permission.

Being that the R3 shed is higher than 2m in height it would require planning despite of how long its plans to be up or even if it was moveable area.

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29 OCT 2020

A Focus On Planning Implementation PLANNING – A FOCUS ON IMPLEMENTATION

• • • •

THEORIES BARRIERS Theory – 1970’s Pressman and Wildavsky (1973) – setting of goals and actions geared to achieve them Implementation may not occur due to the existence of barriers – theory developed over the years Key concept on planning (2012) • Agenda setting à policy formulation à policy adaption à policy implementation à policy evaluation

POLICY

Resources are inadequate: • There is insufficient time – to achieve the aims / objectives of the policy.

• There are inadequate human resources – lack of staff or lack of suitably qualified personnel.

• There are inadequate financial resources – lack of finance or funding.

• • • • •

External agencies or events impose major constraints The objectives are unclear, incoherent and inconsistent The objectives are not understood or accepted by street level bureaucrats There are too many decision points The application of good practice : green infrastructure, design quality, sustainable travel and movement, mix uses, facilities, social justice, equality and public goods

IMPLEMENTATION Planning Justification – I argue for the necessary cost of planning.

Policy making in Britain (2015) Dorey. P • There are many dependency relationships • Those to whom a policy is applied to targeted do no not respond in the anticipated manner • The policy is based on an invalid theory of cause and effect

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Further Reading • •

It’s only since the 1970’s that implementation has become widely recognised as a significant subject.

(Dorey, P, p.240) The clear implication Pressman and Wildavsky’s study was that rather than assuming a policy process with a beginning, middle and end, the policy process was circular and continuous.

• • • •

Beginning ( agenda setting and problem recognition) Middle (policy formulation and formal endorsement) End (implication) (Dorey, P, p.241)

29 OCT 2020

Core Principles: Development Planning systems • A regulatory construct and its relationship with the plan

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Booth, P (1999) Discretion in Planning versus zoning pp3144 Cullingworth, B (1999) British Planning

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CIVIL LAW

MIXED

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COMMON LAW

LEGAL SYSTEMS

CUSTOMERY LAW

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Civil law legal systems THE LEGAL FRAME WORK

LEGISLATION AND REGULATION

Planning Approaches • Regulatory based systems • Zones planning • Certainty • Rigidity • Discretionary systems • Plan led • Flexibility • Risk • Mental consideration

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Common law legal system LEGISLATION AND REGULATION

LEGISLATION AND REGULATION

THE DECISION

What Needs Planning Permission?

Section 7 Town and Country Planning Act 1990 … Planning permission is required for the carrying out of of any development of land

RELIGIOUS LEGAL SYSTEMS

Civil law • Roman law origins • Emphasis on codification Common law • Originated in 1066 • Based on the concept of judicial precedent • The building blocks are cases

LEGISLATION AND REGULATION

THE DEVELOPMENT PLAN

THE LEGAL FRAME WRORK

Not Developments • Internal works • Statutory undertaker activities • Agriculture and forestry uses • Change of use Within same use class What Is Development ? … Development means the carrying out of building, Engineering, mining or other operations in, on, over or under the land, or the making of any material change in the use of any building or other land.

Australia – Planning and Development act 2005 Case Law • Size • Permanence • Physical attachment to the land

Further Reading • •

Planning should be genuinely plan led, empowering local people to shape their surrounds.

Always seek to secure high quality design and a good standard of amenity for all existing and future occupants (Cullingworth, 2015, p.128)

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PLANNING SYSTEMS

PERSONAL REFLECTION ON REGULATORY VS DISCRETIONARY Debates around land-use planning between regulatory and discretionary has been a talking point for many architects and planners over the past years. Both planning systems have their pros and cons yet history has demonstrated that regulatory zoning has rarely delivered certainty and is frequently deployed in a flexible manner (Cullingworth, 1993).

The discretionary system carries weightier benefits when it comes to plan-making for reasons being, it creates space for more effective design with flexibility to make changes and improvements over time. Although the regulatory (zoning) system provides certainty, it is an inflexible system that is slow when it comes to plan-making. It's stated in chapter 2, section 11 of the NPPF that, plans should positively seek opportunities to meet the development needs of their area, and be sufficiently flexible to adapt to rapid change (NPPF, 2019, p.6).

The Discretionary system involves more people from the area to be able to come up with a plan that meets the needs of the people and the area. This of course increases the potential for conflict and arguments, however, where there is potential for negotiation there is a chance for a better decision to favour the people. Early engagement has significant potential to improve the efficiency and effectiveness of the planning application system for all parties (NPPF, 2019, p.13).

Everybody would appreciate certainty in decision making, however, the certainty that the regulatory system provides carries unfairness. The system offers the same solution to people regardless of their needs and personal circumstances. Certain members of the public may require more attention like disabled or elderly people but the regulatory system doesn’t factor in those circumstances. Hence why the discretionary system is inconsistent because it aims to meet the need of individuals.

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5 Nov 2020

Proportionality Development

Ways to get planning permission 1. Via an express application for planning permission 2. Development order – permitted development – made by the SOFS 3. By a deemed granting of a permission • • • • •

Most misunderstood process Development order – covers the country Regulatory Permission Express GPDO Prior approval Permitted development Development

Town and Country Planning • Gives planning permission for certain forms development • Made up of 19 Paris (2015) 2020 version has 20 parts • Some are subject to a prior approval process

2020 addiction • Construction of new dwelling houses

Prior Approval • Telecoms • Agriculture • Linked to a national interest Should agriculture still have prior approval ?

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Over the last 10 years – prior approvals usage has increased out to the government • Solution to the implementation barrier debate • Agriculture to retail, restaurants, offices, hotels, leisure centres • Offices to residential

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June 2020 also created part 20: Construction of new plans in Airspace

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Intelligent and proportionate control • Article 2(3) land – nationally restricted land • Article 4 directions- locally restricted land • Local/ Neighbourhood development orders – Locally revealed land.

of

Further Reading • • •

Permitted development rights were removed in Scotland and the impact was evaluated in 2004 (Lloyd and Peel).

More needs to be done to convince the public of the openness and transparency of the planning decision making process.

The prior approval procedure gives the planning authority fifty-six days to say whether it wishes to approve details for sitting and appearance of the development (Cullingworth, 2015, p186).

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PROPORTIONALITY

OFFICE TO RESIDENTIAL CHANGE OF USE The Town and Country Planning (General Permitted Development) (Amendment) (England) Amendment Order 2016 came into force on 6 April 2016. The order introduced permitted development rights in England to change the use of offices falling in Class B1(a) to residential falling in Class C3.

Permitted development rights are subject to ‘prior approval’. Prior approval requires the developer to obtain the consent of the local authority to specified elements of the development before work can proceed. The following list details the potential impacts of a proposed change of use that a local authority reviews before giving approval: • Transport and highways • Contamination risks • Flood risks • Noise The before and after picture above is a good example of a modern styled flat that formerly used to be a office building for Care Worn Art Deco. It is one of the many other London properties that been converted by the recent Government in the hopes of creating more house for the rising population. This is occurring throughout of London. Recent government house figures show an 11% jump in the number of new homes, an increase that the figures show was down to the number of former industrial and office workplaces being in turned into apartments.

Architect Amin Taha 15 Clerkenwell Close housing block

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PROPORTIONALITY 'AIRSPACE' EXTENSIONS • •

Coming into effect on 1st August 2020 The new permitted development right (PDR) enables property owners and freeholders to progress with upward extensions of two additional storeys on detached blocks of purpose-built flats without the need for planning permission

• •

“Air-rights” means the right of developing within unused air space above an existing property.

A property has air rights if either: The property is vacant, The improvements on the property are smaller than state and local laws permit.

The principal of delivering new housing on existing residential rooftops also extends to commercial, light industrial premises and even public infrastructure.

While the basic requirements for residential airspace development are similar to any type of development there are also some specific challenges that need to be considered which include: • Potential design/technical constraints – including weight and loading of any additional storeys interfacing with an existing building; access from the ground floor; fire and acoustic requirements.

• Construction logistics – Building at height above an existing (potentially occupied) structure.

• Increased services provision/capacity.

• Legalities – occupier/tenant rights; freeholder air rights.

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12 Nov 2020

Planning Decision Making • •

Express permission • Traditional The process of development • Concept and consideration à appraisal and feasibility à design and evaluation à contract and delivery à marketing, occupation and management

The planning process of development • Idea • Feasibility • Pre – application • Application à important stage (validation and registration) • Decision • Post decision management

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Types of planning application • Outline • Reserved matters

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Decision - Delegated - Committee

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Conditions • Paragraph 203 NPPF • Paragraph 206 NPPF

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Six test – reasonable

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Make changes • Non material amendment • Minor material amendment • Non application

The development à the decision Components of planning application • A completed standard application form and certificate of ownership • A location plan which identifies the land • A site plan which should be drawn at an identifiable metric scale • Any other drawings (elevations / roof plan) • Info specified nationally or locally as required

Application requirements • EIA ( environmental impact assessment) • NPPF • Design and access statement

necessary,

REGULATORY DISCRETIONARY

relevant,

enforceable,

precise,

Further Reading •

Local Planning Authority (LPA) can refuse to acknowledge an application as complete and will return it when it has previously been rejected on appeal or called in by Secretary of State (SoS)

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Pros PERMITTED DEVELOPMENT RIGHTS

If your planning application is declined, you still have a chance to appeal – note that appeals have a good chance of succeeding

Cons

It’s important to achieve planning permission FIRST, before building as there are many cases of people having to demolish their extension at their own expense.

It’s vital that before you buy a house, you are aware what has received planning permission and what hasn’t.

Any space added by past owners since 1948 counts towards your permitted development allocation.

PRIOR APPROVAL

FULL PERMISSION PROCESS

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Prior approval saved considerable amounts of time and money. it also allows you to receive specialist advice about neighbours, highways, flood risk and more.

However, prior approval does delay the full planning permission process and can potentially push back the start date.

Another advantage of prior approval is that, you can receive instant feedback and advice from site meetings to help you with your actual application

The prior approval process isn’t free and there is also no guarantee that discussions will lead to applications getting approved.

Improves customer satisfaction and care - Increases the chance of ultimate success, as planners highly regard the pre-app process.

Other specialists may be required for advice on certain matters.

Advice will be given on the Building Regulations at the design stage of your project which means your plans are more likely to be passed by the Council.

Although some applicants do prepare their own plans, most will need to employ the services of a designer, and this can be expensive. Once the plans have been submitted it takes between 3-5 weeks for us to carry out the required checks and issue a decision notice.

12 Nov 2020

Design and Access Statement Introduction • At the time (2004) housing audits found 61% of new homes in South East mediocre and 17% were good.

• In 2005 70% in the north were mediocre and 6% were good.

Design and access statement • (DAS) is now currently a requirement by virtue of the town and country planning act • Should present • The narrative • A justification • A deconstruction of the design into a set of structured approach • A (das) should reflect the approach: • Assessment – physical, social, economic, policy • Involvement • Evaluation • Design Contents • Essentially 2 halves • The design narrative, explaining the process • A structured deconstruction of the design • Appearance, scale, amount, landscaping, use, access and layout.

The impact of (DAS) • Debateable • A (das) is required but, their quality is variable

Further Reading •

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Good Design - Questions of design in planning are much more fully considered in Chapter 9, but in assessing a planning application issues of design have always been important (Cullingworth, 2015, p.158).

Design is an important consideration in planning decisions, and not just for the aesthetic qualities of buildings, but also for the social and economic goals. For such reasons, consideration of design continues to be an important aspect of the development management. (p.159)

The following issues to be addressed in Design and access statement • Use • Amount • Layout • Scale • Landscaping • Appearance

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The Planning White Paper Zones and Permissions – Hannah Hickman • “shameful” (RIBA) • ”nakedly ideological assault on local democracy” (Sadiq Khan) • “missed chances” To • • •

Zone or Not To Zone One for growth areas One for renewal areas One for protected areas

• • •

Zoning by law part 1 Zoning by law part 2 & 3 Green infrastructure and the planning white paper – Dean Bell

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Protocol 2: Development management policies established at the mental scale and an altered role for local plans (links to proposal 2) • Protocol 6: Decision-making should be faster and more certain, with firm deadlines, and make greater use of digital tech • Protocol 14: Accelerate high quality development which reflects local character and preferences “We shall deliver our commitment to make all new streets tree lined”

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19 Nov 2020

Beauty in the white paper – Nooman Araabi • From “better is beauty” to “beauty is better” • “virtue” • Subjective judgement • Beauty – Knowledge Power Desire • Beauties in the built environment • Beauty in society 20% - Bread line 40% - Food shortage Planning for the future – Dr Stephen Hall • Uneven U.K • Levelling Up? • (1940 Barlow Commission) • (2003 HM Treasury) • (2010 Cameron) – Abolish schemes put in place • (2020 Boris Johnson, Dudley) • (Planning officer, Stoke on Trent) • (Housing officer, Stoke on Trent)

THE WHITE PAPER REFLECTION The tension in understanding the term ’beautiful’ The government are just in too much of a rush to produce places that can be defined as ‘beautiful.

The term ‘beautiful’ can cause a lot of confusion as it’s a term that can be interpretated differently by different people. The Government recognises that will not happen overnight. In some places it may not happen at all.

The risk of having a standardised design for beautiful houses can become a problem for the government and UK. This is intended to encourage compliance with what good design looks like. The use of a guide can be limiting for UK architects and planners.

Lastly, the White Paper is a recipe for a climb down. This doesn’t mean that it cant be successful however, there is a possibility that the government are limiting themselves. Provided whatever is done delivers more growth quickly the government will have achieved its primary goal, to some extent at least.

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26 Nov 2020

Planning Enforcement • •

Solves constructive problems High profile case – Dale Farm

What do we enforce against ?

• • •

Unauthorised development Developments without Planning Permission Evolution of uses

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Enforcing against searches of conditions

• • •

Reject the concept Conscious avoidance Error

Enforcement options • Enforcement warning notice (wales) • Retrospective application • Enforcement notice • Appeal • Breach of condition notice • Stop notice • Temporary stop notice • Injunction Processions • Proceeds of crime act 2002

The agricultural land (removal of surface soil) act 1953 Before you can do anything, you need to know…

• What is happening ?

• Is it Development?

• Has it got permission?

• What solutions are there?

• What does the perpetrator have to say?

Evidence • Evidence collection • Planning Notices • Also advices of what action will be taken if notice isn’t completed • Criminal offence if not completed within 21 days • Equally quality if one provides misleading or false information

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Further Reading •

•

A developer could go ahead without even applying for planning permission, or could even ignore a refusal of permission. The developer took the risk of being compelled to ‘Undo’ the development.

Development undertaken without permission is not an offence in itself, but ignoring an enforcement notice or stop notice is an offence, and there is a maximum fine following of £20,000. (Cullingworth, 2015, p.173)

26 Nov 2020

Appeals Reasons for Appeals • The LPA may consider your application invalid • The LPA may not determine the application within the deadline for doing so and did not get your written consent to change the deadline • The application may be refused

Cost Awards Types of award (which may be partial or whole cost) • Procedural – relating to the appeal process • Substantive – relating to the planning merits of the appeal

Appeal against refusal Re- Submission OF the Planning Application

Discretionary planning systems Regulatory planning systems

Re-engage With the LPA • Robert Jenrick – planning Inspectorate Ministry of Housing, communities & local government

Discretionary Appeal

Courts

Challenge

Based in Bristol Temple key house – home of the planning inspectorate Recourse to Appeal • In England the applicant can appeal the decision to the secretary of State.

• In Wales the appeal is to the Welsh Government • In Scotland, but via Scottish government and their ‘Reporters’ • In NI matters are somewhat different: • Planning appeals Commission • Independent Body •

Downside of going to appeal • Time • Chances of success?

• Cost

Challenge to the courts Appeal dismissed Application refused Court challenges • Grounds of challenge: - Unreasonable - Error in law - Breach in the rules of natural justice - Bias

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PUBLIC ENGAGEMENT DISCUSSION, PERSONA EXERCISE Castle Park Public Outreach?

Online Consultation?

Voting System?

Public Engagement • Transportation • Will my building affect transportation/pedestrian use • Cycling/walking Listed buildings – regulations Conservation Site?

Different Persona - Children - The Commuter - The Elderly -

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How might the seasons affect your building/site/users?

3 Dec 2020

Planning Gain Value Capture

Betterment / ”Planning Gain” • Balance between Planning interest and people interest • Philosophy: granting planning permission increase land values, and enables profit making. The community which both facilitates this, and is impacted by it, is entitles to benefit/migration, or planning gain How are increased asset values captured for the public good and private profit?

• Must be sufficient value created that a proportion may be captured by both public actors and privates.

A • • • • • •

range of mechanisms are then used by the public sector Land transfers Local taxation Fees and Levies Debt servicing/Loan guarantees Local service agreements Operating revenue

Planning Obligations

• • •

Necessary to make development acceptable Directly related to the development; and Fairly and reasonably related in scale and kind to the development

Issues of planning Obligations • Inequitable • Secrecy • Compliance • Consistency • Lengthy delays: Costly • •

Community Infrastructure Levy CIL formula (new floor space only)

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Chargeable development (A) x levy rate (R) x inflation (L) = Chargeable amount

----------> Planning for the Future (white paper)

Planning Obligations Community infrastructure Levy Planning Obligation • Supplement Planning Documents • Development Brief

Regulations A planning obligation may only constitute a reason for granting planning permission for the development if the obligation is :

Further Reading Vodaphone in Newbury At the time of the application (1998) Vodaphone was an expanding company employing 3,000 people in 58 buildings in Newbury.

The site they identified was not allocated on the local plan but was accompanied by a draft section 106. Also the lack of any policy framework for planning obligations in the local plan was significant.

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Other Matters Planning Permission Heritage and Conservation

(Power of place, 2000) • English Heritage – we are trustees of that inheritance, it is, in every sense a common wealth. Most of our towns and cities and all of our countryside, are made up of layer upon layer of human activity. Each generation has made its mark.

The involvement in planning and applications Historic England must be notified by a LPA when planning application effects: • The setting on grade ½ listed building building • The character of appearance • The setting of ½ registered park ask garden • The site of a monumental • Development within the vicinity of Windsor castle

NPPF and the historic environment • LPA strategy should take: • Sustaining and enhancing the significance of heritage assets, putting them to viable uses consistent with their conversation.

• Wider social, cultural, economic and environmental benefits that conservation of the historic environment can bring • Desirability of new development making positive contribution to local character.

• Opportunities to draw on the contribution made by the historic environment.

Scheduled Ancient Monument • Pre date listed buildings • Kept since 1882 • Historic England takes the lead in identifying sites in England which should be placed on the schedule by the SoS for culture, media and sport.

• As a general rule • Buildings are ‘listed’ • Archaeology is ‘scheduled’ • Parks and gardens are ‘registered’

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Significant harm/loss

Listed building Consent • LBC is required for all works (internal and external) • Age and Rarity • Grade of listed building Listing Criteria • Architectural interest • Historic interest • Close historical association with naturally important people of events • Group value – collection of buildings

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10 Dec 2020

Local listing - local authorities have authority to create a local list – protected by a policy Conservation area – areas of special architectural or historic interest.

Tree preservation orders – individual or groups of trees may be designated.

Advertisement Consent – under its own regulation it sits alongside planning and listed building regulation.

17 Dec 2020

Planning Around the World Why Do Cross-National Research Studies?

• Cultural environment spans institutions • Tradition • Value Systems • Lifestyles • Languages •

Lisle, E.A 1985

• • •

Codification – system of law based on precedent Compatibility – Conformity – Application must confirm to local plan

France • Strategic Plan Making • Local Decision Making • Political

Problems of Cross-National Research • Sharpe 1974 What is Land use planning for?

• Nationalised the rights to develop Land • LPA are on behalf of the government How would you set up a planning system?

• How democratic will you be?

• How many tiers of government would you have?

Decision Making • Who would make decisions • How will non-decision makers be involved?

Efficiency • How time efficient would your system be?

Cost • What if they can’t afford?

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References

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Parker, G. and Doak, J., 2012. Key Concepts In Planning.

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Cullingworth, B. 2015. Town and Country Planning in the UK

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Assets.publishing.service.gov.uk. 2019. National Planning Policy Framework. [online] Available at: <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attac hment_data/file/810197/NPPF_Feb_2019_revised.pdf> [Accessed 2 January 2021].

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Shelter Blog. 2019. Office To Residential Conversions Under Permitted Development Rights | Shelter. [online] Available at: <https://blog.shelter.org.uk/2019/01/office-to-residential-conversions-underpermitted-development-rights/> [Accessed 20 January 2021].

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MATA Architects. 2021. Airspace Development And Rooftop Extension In London | MATA Architects. [online] Available at: <https://www.mata-architects.co.uk/blogmata/2020/2/6/jowu4mq9n3fnfgllzuefgjmd7ztg1d> [Accessed 20 January 2021].

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Instituteforgovernment.org.uk. 2021. POLICY MAKING IN THE REAL WORLD. [online] Available at: <https://www.instituteforgovernment.org.uk/sites/default/files/publications/Policy% 20making%20in%20the%20real%20world.pdf> [Accessed 20 January 2021].