Today MDP secured planning permission for a new dwelling in the Green Belt in the open countryside just outside Oxford. Todays result is the culmination of a three step planning strategy spanning two years originating in a Site Assessment undertaken by us in 2019. The client is delighted with the outcome and will be continuing their self build journey with local NineTen Architects of Aylesbury this summer.  See more details

• Outline planning permission for 17 houses near Chippenham submitted to Wiltshire Council
• Includes plans for seven new affordable homes split between socially rented and shared equity
• Proposes new public open space and footpath

 
A planning application for 17 new houses in Stanton St Quintin has recently been submitted by Wiltshire based planning consultancy Mark Doodes Planning.

Stanton St Quintin is a sustainable location for modest housing growth near Chippenham with an active local community, primary school with nursery, and a hotel. There have been regular developments around the historic village core, with significant house building projects in the 1950s, 1970s, 1980s and 2000s.

Mark Doodes MRTPI said:
“This is a good quality project which proposes to bring forward much needed new housing, ultimately designed to ensure the long-term viability of existing services and facilities. The submitted design also aims to retain as much of the existing trees and hedgerows as possible, as well as opening up currently private land to village residents to enjoy a new open space and play facilities. We are looking forward to working with local residents and statutory bodies over the next few months during the consultation period.”

Notes:

1. Mark Doodes MRPTI is a charted town planner with more than 20 years’ experience of working across the South of England in both local and central government, as well as private practice.  
2. More information about this project can be found here
3. The application can be found on the Wiltshire Council website here
4. Mark Doodes Planning is partner with the National Self Build Centre in Swindon, advising clients on planning strategy and site feasibility. 

 

We recently won, on behalf of a client, an appeal against South Oxfordshire District Council with full reimbursement of costs after planning permission was refused for unreasonable and unfair reasons. 

Our client originally applied for planning permission for one additional dwelling on a site in Didcot in January 2020.
 
The proposal was refused. The Planning Officer's decision was based on the fact that there was no evidence of how surface water would be drained after the building had been erected. This was despite the fact that the site is not in an area at risk of flooding (Flood Zone 1) and that the onus is upon the Council to produce evidence to demonstrate its concerns and substantiate its objections with objective analysis. 

We advised the client to follow up this decision with an appeal based on a number of factors:

• It was a minor site, not within an area susceptible to pluvial and fluvial flooding;
• Our client would be able to erect a different type of structure, ie an extension, of the same size, under Class A of the GPDO (General Permitted Development Order) which the LLFA would have had no control or input over and its geological impact would be the same as the proposed structure,
• The LLFA requested burdensome and unnecessary documentation prior to planning permission being granted and their requests were not consistent with requests made on comparable and recent cases on the same road; and
• There are sufficient Grampian conditions to ensure that all surface water matters can be dealt with by means of a suitably worded condition.

The appeal was upheld and planning permission granted, and full costs awarded to our client on the grounds of unreasonable behaviour.

Mark Doodes MRTPI said:
"It is imperative that LPAs enforce policies uniformly across all planning decisions. It was unreasonable to ask a member of the public to foot the bill for excess surface water and river flooding protections ahead of planning permission being granted, especially when others in the same street had not had to. A suitably worded condition would have been a more pragmatic and fair approach. I am delighted we were able to secure this win and our client is now able to build his new property despite significant unhelpful delays. This appeal will have far reaching consequences in the area going forward."


More details on the case can be found here.

The Government has published a consultation which sets to overall the planning system which it says is outdated and sluggish and not focused enough on demand and design.
 
The consultation focuses on three main areas.

• Planning for development and how Local Plans could be better focused to speed up and streamline the planning process.
• Planning for beautiful and sustainable places, including a proposal to develop local quality and design codes which would be more binding on decisions about development; and
• Planning for infrastructure and connected places, which looks at different options for securing levy’s from developers and a proposed mandatory ‘Infrastructure Levy’.

 
The proposed changes also aim to increase numbers of SME builders. Over the past 30 years to proportion of new homebulding built by SME builders has dropped from 40% to 12% today.
 
The consultation lasts six weeks and can be found here at: www.gov.uk/government/consultations/planning-for-the-future

The government has published new rules expanding existing permitted development rights to allow the upwards extension of certain properties and allow the replacement of existing buildings to provide new housing without planning permission.
​The rules, which will come into effect by September, will mean full planning applications will not be required to demolish and rebuild unused buildings as homes and repurpose commercial and retail properties.
The Government believes that these legislative changes will reduce pressure to build on greenfield sites and deliver more homes that fit the character of their local area without the red tape typically associated with planning applications.
Upwards extensions of dwellings
The new legislation means that from 31st August 2020, existing houses built between 1st July 1948 and 28th October 2018 can be extended upwards to provide additional living space with prior approval from the local planning authority.
The legislation specifically allows for:

• Up to two additional storeys (7 meters) can be added to a house of two or more storeys to a maximum height of 18 meters;
• One storey (3.5 meters) can be added to a single storey house; and
• The roof height of semi-detached or terraced properties must not be increased by more than 3.5 meters.

It is important to note the legislation allows for the two additional storeys that can be added to a house to comprise flats instead of an extension. However, the house must already comprise three or more storeys to a maximum height of 18 meters.
In order to qualify the existing buildings must not be located, or form part of:

• Article 2(3) Land (i.e. protected land such as Conservation Areas, listed buildings, National Parks)
• A site of special scientific interest;
• A listed building or land within its curtilage;
• A scheduled monument or land within its curtilage;
• A safety hazard area;
• A military explosives storage area; or
• Land within 3 kilometres of the perimeter of an aerodrome.

These are the same qualification criteria for upwards extensions of new flats on houses and commercial and mixed-use properties.
Applicants for additional living space must apply for prior approval on the following grounds:

• Design and external appearance;
• Residential amenity of neighbouring properties;
• Air traffic and defence assets; and
• Whether the development will impact protected views.

The prior approval grounds for upwards extensions of new flats are detailed further below.
Upwards extensions of commercial and mixed-use properties
From the 31st August 2020, the legislation also allows for commercial or mixed-use properties built between 1st July 1948 and 5th March 2018 to also be extended upwards to provide new flats with prior approval.
The legislation considers a commercial building to comprise a building which is used for any purpose within Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes) or Class B1(a) (offices) of the Schedule to the Use Classes Order (UCO), or as a betting office, pay day loan shop or launderette.
A ‘mixed use’ in this context is defined as using two or more of the defined commercial uses or existing C3 housing together with one or more defined commercial use.
It is pertinent to highlight the government has also introduced changes to the UCO which will come in to effect from 1st September 2020. For the time being, in the context of permitted development rights, changes to the UCO should be disregarded as the legislation specifically states the that between 1 September 2020 and 31 July 2021 any references to the UCO within the GPDO should be read as if the UCO had not been amended on 1 September.
As with houses, the legislation allows for up to two additional storeys (7 meters) to be added commercial or mixed-use property of three or more storeys to a maximum height of 18 meters (or 30 meters in cases involving detached buildings in commercial or mixed use).
Applicants for new flats (including on top of houses) must meet the aforementioned qualification criteria and apply for prior approval on the following grounds:

• Transports and highways;
• Air traffic and defence assets;
• Land contamination;
• Flood risk;
• Design and external appearance;
• Internal natural light levels;
• Residential amenity of neighbouring properties;
• Noise;
• Impact of the residential use on business; and
• Whether the development will impact protected views.

Replacement of Commercial Buildings and Flats with Housing
An additional piece of new legislation allows purpose built residential blocks and B1 buildings (B1a (offices), B1b (research and development) and B1c (light industrial)) as defined in the 1987 UCO on 12 March 2020 (or a combination of both) to be replaced with new housing subject to prior approval.
To benefit from permitted development rights the building must be replaced by new housing which can comprise a single detached house or a detached block of flats. There are a number of conditions expressed in the legislation that must be complied with, including that:

• The site not be located, or form part of Article 2(3) Land, a site of special scientific interest, a listed building or land within its curtilage, a scheduled monument or land within its curtilage, a safety hazard area, a military explosives storage area, or land within 3 kilometres of the perimeter of an aerodrome;
• The site not be occupied in any part under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;
• The existing building was built before 1st January 1990 and was still be existence on 12 March 2020;
• The existing building was vacant for at least six months prior to the application;
• The existing building is free-standing;
• The existing building does not exceed 18 meters in height (excluding plant, radio masts and antennae);
• The existing building must have a footprint of less than 1,000sqm; and
• The new building does not extend outside of the footprint of the existing building.

Applicants must also apply for prior approval on the following grounds, which is more extensive than that for most other prior approval procedures:

• Transports and highways;
• Land contamination;
• Flood risk;
• Design and external appearance;
• Internal natural light levels;
• Residential amenity of neighbouring properties;
• Noise;
• Impact of the residential use on business;
• Heritage and archaeology;
• Demolition method; and
• Landscaping.

This is not an exhaustive list as paragraph 14 of the prior approval procedure notes that developers may be required to submit additional information such as assessments of risks and how risk/impacts will be mitigated having regard to the 2019 National Planning Policy Framework (NPPF). It should be highlighted that there is no requirement to refer to the development plan however the local authority must have regard to the NPPF where relevant as if the application were a planning application.
In addition, a local planning authority may refuse a prior application if it considers that the proposed building/site does not meet the conditions outlined in the legislation, or if it is deemed insufficient information has been submitted to make a decision. It is possible however to appeal such a decision. It should also be noted that each building proposed to be demolished must be the subject of an individual prior approval application.

West Oxfordshire District Council have announced a new consultation for two of their emerging planning documents, the Community Infrastructure Levy (CIL) Charging Schedule and the Affordable Housing Supplementary Planning Document (SPD). Both of the consultations are running from Friday 10th July until 5pm on Friday 21st August.

Community Infrastructure Levy (CIL) Draft Charging Schedule

CIL is a charge levied per square metre on most new development, which is to be used for improvements to the local infrastructure such as roads and new leisure facilities. Once the schedule is adopted, the charge will apply to all future planning applications as well as those that are awaiting determination. The chargeable floorspace relates to gross internal area (GIA).

The Council are aiming to adopt the CIL charging schedule by Autumn 2020.
The proposed charge is set out in the charging schedule, the document that is undergoing consultation, and is outlined below:
Zone       1 – 10 Dwellings        11+ Dwellings          Extra-care Housing        Strategic Sites
Low         £200perm2                  £100 per m2             £100 per m2                     £0 per m2
Medium  £250 per m2                 £125 per m2             £100 per m2                    £0 per m2
High       £300 per m2                 £150 per m2             £100 per m2                    £0 per m2

Non-residential CIL (District-wide)
All non-residential uses (except retail)       £0 per m2
Food supermarket retail (A1)                     £100 per m2

The CIL rates above will be index-linked, meaning that the charges will change annually in accordance with the RICS All-in Tender Price Index. An updated version of the charging schedule will be published annually to reflect this.
The low zone is expected to cover the key settlements of Carterton and the surrounding area. The medium zone is expected to cover settlements such as Witney, Charlbury and Chipping Norton whilst the high charge zone covers the rest of the district, including Woodstock and Cassington. The draft zones can be seen in the figure below.




















​






There are some exemptions to the charge, including for some residential annexes and extensions, self-build houses and flats.
The new schedule and supporting evidence can be viewed online.

Affordable Housing Draft Supplementary Planning Document (SPD)
The Affordable Housing Draft SPD addresses affordable housing, providing guidance to support the local planning authority, developers, housing providers and local communities on how West Oxfordshire District Council will achieve the delivery of affordable housing within the district.

The feedback received will be considered before the draft SPD is submitted for examination is published in autumn 2020, before undergoing a further public consultation prior to any further amendments and adoption. Once it is adopted, it will be a material consideration in the determination of planning applications.

The current demand for affordable housing is shown in the graph below. It illustrates a significant demand for smaller 1 and 2-bedroom units. This demand is reflected in Policy H3 of the adopted Local Plan which requires that 65% of affordable dwellings should be smaller units.

The threshold for affordable housing is set out in Policy H3 and states that housing schemes of 11 or more, or which have a maximum combined gross floor space of more than 1,000m2 will be required to provide affordable housing on-site as a proportion of the market homes as follows:

• High value zone – 50%
• Medium value zone – 40%
• Low value zone – 35%

The draft SPD echoes and supports what is stated in Policy H3. The documents outlines the future affordable housing provision in West Oxfordshire, the affordable housing standards and design requirements as well as viability and delivery mechanisms. It also discusses new routes for delivery, including:
– The ‘Blenheim approach’, where WODC continue their partnership with Blenheim Estate to deliver affordable housing which will be owned by Blenheim with the aim of keeping them in the rental market. Shared ownership properties will also be provided; and
– The ‘Partnership with Legacy Landowners’, where WODC aims to partner with legacy landowners to accelerate the delivery of affordable housing. They are encouraging discussion with landowners who are considering development, and are particularly interested in rural exception sites that would meet the affordable housing needs of smaller rural settlements.

It should be noted that the main delivery mechanisms will continue to be S106 agreements. An example of this can be viewed in Appendix 3 of the draft SPD.
With regards to design criteria, WODC have set out the following criteria when designing affordable housing:

• There should be no distinction between affordable units and market units;
• The level of parking provision should be the same for both affordable housing units and market units; and
• The affordable units should be distributed evenly throughout the development, where practicable, in order to promote social inclusion and mixed communities. Any deviation from this will be examined during the application process.

In addition to this criteria, following WODC declaring a climate and ecological emergency they have begun to push for zero-carbon homes and sustainable design. In future, the environmental sustainability will become an increasingly important factor in the determination of planning applications. This is reflected in WODC expecting all applications to take full consideration of the environmental and climate change policies within the Local Plan & asking applicants to demonstrate, within the application, how the design of new affordable homes will meet or go beyond the high standards of sustainability.
The SPD is available for viewing online at the following link:
https://www.westoxon.gov.uk/planning-and-building/planning-policy/supplementary-planning-documents/
Should you wish to understand what this could mean for your land and developments or are considering making commenting on either document, please get in touch to discuss your options.ommunity Infrastructure Levy (CIL) Draft Charging Schedule


















There are some exemptions to the charge, including for some residential annexes and extensions, self-build houses and flats.
The new schedule and supporting evidence can be viewed online.

Affordable Housing Draft Supplementary Planning Document (SPD)
The Affordable Housing Draft SPD addresses affordable housing, providing guidance to support the local planning authority, developers, housing providers and local communities on how West Oxfordshire District Council will achieve the delivery of affordable housing within the district.

The feedback received will be considered before the draft SPD is submitted for examination is published in autumn 2020, before undergoing a further public consultation prior to any further amendments and adoption. Once it is adopted, it will be a material consideration in the determination of planning applications.

The current demand for affordable housing is shown in the graph below. It illustrates a significant demand for smaller 1 and 2-bedroom units. This demand is reflected in Policy H3 of the adopted Local Plan which requires that 65% of affordable dwellings should be smaller units.

The threshold for affordable housing is set out in Policy H3 and states that housing schemes of 11 or more, or which have a maximum combined gross floor space of more than 1,000m2 will be required to provide affordable housing on-site as a proportion of the market homes as follows:

• High value zone – 50%
• Medium value zone – 40%
• Low value zone – 35%

The draft SPD echoes and supports what is stated in Policy H3. The documents outlines the future affordable housing provision in West Oxfordshire, the affordable housing standards and design requirements as well as viability and delivery mechanisms. It also discusses new routes for delivery, including:
– The ‘Blenheim approach’, where WODC continue their partnership with Blenheim Estate to deliver affordable housing which will be owned by Blenheim with the aim of keeping them in the rental market. Shared ownership properties will also be provided; and
– The ‘Partnership with Legacy Landowners’, where WODC aims to partner with legacy landowners to accelerate the delivery of affordable housing. They are encouraging discussion with landowners who are considering development, and are particularly interested in rural exception sites that would meet the affordable housing needs of smaller rural settlements.

It should be noted that the main delivery mechanisms will continue to be S106 agreements. An example of this can be viewed in Appendix 3 of the draft SPD.
With regards to design criteria, WODC have set out the following criteria when designing affordable housing:

• There should be no distinction between affordable units and market units;
• The level of parking provision should be the same for both affordable housing units and market units; and
• The affordable units should be distributed evenly throughout the development, where practicable, in order to promote social inclusion and mixed communities. Any deviation from this will be examined during the application process.

In addition to this criteria, following WODC declaring a climate and ecological emergency they have begun to push for zero-carbon homes and sustainable design. In future, the environmental sustainability will become an increasingly important factor in the determination of planning applications. This is reflected in WODC expecting all applications to take full consideration of the environmental and climate change policies within the Local Plan & asking applicants to demonstrate, within the application, how the design of new affordable homes will meet or go beyond the high standards of sustainability.
The SPD is available for viewing online at the following link:
https://www.westoxon.gov.uk/planning-and-building/planning-policy/supplementary-planning-documents/
Should you wish to understand what this could mean for your land and developments or are considering making commenting on either document, please get in touch to discuss your options.

Housing secretary Robert Jenrick has announced that planning permission deadlines will be extended in an effort to support the construction industry and ‘boost building’ as Britain emerges from the Coronavirus lockdown.

As part of the Coronavirus Act 2020 passed by Parliament, Councils are now able to hold virtual meetings for planning matters such as public meetings. Until now it had been requirement for local government to provide public physical access to certain planning meetings.

This temporary measure should play a part in preventing a backlog of planning applications and ensure the safety of the public whilst social distancing rules are still in force.

Councils will need to take advantage of the virtual technology to be able to adapt to these new rules. An example of this in action comes from Waltham Forest where they have confirmed that their planning committee held a meeting with four councillors in the room but up to 60 other people attending through video conferencing.