53 PARK STREET.
Case Study: Land rear of 53, Park Street, Madeley, Telford, Shropshire
En-Plan were approached to act as the Planning & Architectural Consultants for a new build residential unit on a small plot in Madeley, Telford. Planing permission was granted under TWC/2017/0486 as detailed below and we worked in close collaboration with the client and the Planning Department to reach a successful outcome. What we find in approaching any residential development is to take a visual cue from the surrounding area and by using traditional design features we were able to gain full planning approval for this unit. We also help with discharging planning conditions relating to materials and landscaping and provided full technical detail that was approved as part of a building regulations application.
Application Ref: TWC/2017/0486
Application Type: Full Planning
Date Valid: 02/06/2017
Location: Land rear of 53, Park Street, Madeley, Telford, Shropshire
Proposal: Erection of 1 no. 2 bedroom house.
Decision: Full Granted
Decision Date: 03/08/2017
Upon approval and at the request of the client we make alterations and extended the original permission to gain more habitable ground floor space and added even more value to this already extremely successful development.
Application Ref: TWC/2017/0742
Application Type: Full Planning
Date Valid: 06/09/2017
Location: Land rear of 53 Park Street, Madeley, Telford, Shropshire
Proposal: Variation of condition 7 of planning permission TWC/2017/0486 to include a ground floor extension and alteration to parking layout
Decision: Full Granted
Decision Date: 23/10/2017
Case Study: Outline Planning Approval for three units in Haddon Street, Derby
The application relates to a parcel of land of around 400m² situated on the east side of
Haddon Street and currently accommodating three single storey garages and hard and
soft landscaping. The site is flanked by residential plots to the north, south and east. Land
levels on and around the site fall very gently to the south.
Principle of Development
The only matters to be determined at this stage are the principle of residential development on the site for three dwellings and means of access. Matters of scale, layout, landscaping and appearance are reserved matters for later determination . The application documents show a terrace of three houses roughly within the established building line along the street. These are indicative drawings only, however, and the siting and design of any buildings form no part of this assessment. The site is located in an established residential area close to local amenities and public transport and so could reasonably argued to represent a sustainable location for residential development and the application of the "tilted balance" favours the provision of housing, as detailed above. I see no reason to believe that the residential use of the site would have unacceptable implications for the residential amenity of neighbouring residential plots or for the visual amenity of the site and the streetscene. Disturbance from construction is not a material planning consideration usually, although given the constraints of the site some kind of construction management may prove appropriate at the reserved matters stage. Parking would be more properly considered as part of the assessment of layout which is a reserved matter, but my opinion is that satisfactory parking would be achievable. Bearing in mind the reserved matters, my opinion is that the site is capable of being put to residential use while remaining compliant with local and national planning policy and other material
considerations, provided that those reserved matters are carefully considered.
Paragraph 108(b) of the National Planning Policy Framework encourages local planning authorities to ensure that safe and suitable access can be achieved for all users.There is an existing dropped kerb that runs the length of the site's frontage to allow vehicle access to the existing garages and it is proposed to use this existing access. The Highways Officer consulted is of the opinion that the proposed residential plot would be acceptable in principle subject to further details to be determined at the reserved matters stage, and my
opinion is that the plot would be capable of satisfying the requirements of adopted policy CP23 of the City of Derby Local Plan Part 1 and paragraph 108(b) of the National Planning Policy Framework.
TThe Council's opinion is that the proposed development is acceptable in principle and with regard to the proposed access, subject to satisfactory
Case Study: Prior Approval - Change of Use of part of the ground floor & first floor and the complete second floor to C3 Residential Units. Application Reference CH/22/0053.
The application site comprises a three storey detached property situated in a prominent corner position at the junction of Mill Street with Church Street, Cannock. The parts of the building proposed for conversion were last used for commercial uses falling within Class E (offices, storage & retail). Within the immediate area are predominantly commercial uses. The application site is located on the edge of the primary retail area of Cannock Town Centre Boundary and Cannock Town Centre Conservation Area within the Local Plan. It is located within a Mineral Safeguarding Area, Coal Authority Low Risk Boundary.
The applicant is seeking the determination of Cannock Council as to whether ‘prior approval’ is required for the change of use from The part of the ground floor & first floor and the complete second floor of the building last used within Class E to 12 x No. C3 residential units. The proposal seeks determination under the provisions of Schedule 2, Part 3 Class MA of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) thereafter referred to as the ‘the Order’. The proposed conversion would result in no external changes. Internally changes would be made to provide self-contained facilities.
The determining issues for the application are:
- Permitted development requirements
- Permitted development conditions
- S106 – SAC Mitigation
3.2. Class MA of Part 3 of Schedule 2 of’ the Order’ permits the change of use of a building from –
(i) A use falling within Class E the Schedule to the Use Classes Order;
3.3 Notwithstanding the above, under the provisions of MA.1.development is not permitted if:-
(a) the building has not been vacant for at least 3 months prior to the date of the application.
(b) the building was not used for one of the uses referred to in Class M two years prior to the date of the application for prior approval, or
(c) the cumulative floor space of the existing building changing use under Class MA exceeds 1,500 square metre
(d) if land covered by, or within the curtilage of, the building -
(i)is or forms part of a site of special scientific interest;
(ii)is or forms part of a listed building or land within its curtilage;
(iii)is or forms part of a scheduled monument or land within its curtilage;
(iv)is or forms part of a safety hazard area; or
(v)is or forms part of a military explosives storage area;
(e)if the building is within—
(i)an area of outstanding natural beauty;
(ii)an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981;
(iv)a National Park; or
(v)a World Heritage Site;
(f)if the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained; or
(g)before 1 August 2022, if—
(i)the proposed development is of a description falling within Class O of this Part as that Class had effect immediately before 1st August 2021; and
(ii)the development would not have been permitted under Class O immediately before 1st August 2021 by virtue of the operation of a direction under article 4(1) of this Order which has not since been cancelled in accordance with the provisions of Schedule 3.
Planning Officers noted that the proposed residential conversion of parts of the building were last used for retail and offices and have been vacant for at least 3 months prior to the application being made. The cumulative floorspace of the existing building does not exceed 1,500 square metres of floorspace. The building is detached, located on the edge of the town centre conservation area and complies with the requirements of (d),(e), (f) & (g). In terms of the proposed residential use this is applied for under the ‘prior notification process’ of changing Class E to residential use (C3). The whole purpose of these provisions is to allow fast track changes of use to provide housing and support economic regeneration. However, condition M2 of ‘the Order’ requires that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to -
(a) transport and highways impacts of the development,
(b) contamination risks in relation to the building,
(c) flooding risks in relation to the building,
(d) impacts of noise from commercial premises on the intended occupiers of the development;
(i) the building is located in a conservation area, and
(ii) the development involves a change of use of the whole or part of the ground floor, the impact of that change of use on the character or sustainability of the conservation area;
(f) the provision of adequate natural light in all habitable rooms of the dwelling houses;
(g) the impact on intended occupiers of the development of the introduction of residential use in an area the authority considers to be important for general or heavy industry, waste management, storage and distribution, or a mix of such uses;
(h) where the development involves the loss of services provided by—
(i) a registered nursery, or
(ii) a health centre maintained under section 2 or 3 of the National Health Service Act 2006, the impact on the local provision of the type of services lost [F112; and
where the development meets the fire risk condition, the fire safety impacts on the intended occupants of the building
The proposal is for the conversion of the Class E commercial use into 12 No. dwellings only, there are no construction works that would disturb existing ground conditions are proposed.
The site is located in Flood Zone 1 which is at least threat from flooding. Although the applicant has not indicated the means of drainage it is noted that the site relates to an existing building that benefits from existing drainage located in a built-up area mad that no additional hard surfacing would be created.
The application site is in a highly sustainable location, close to existing bus and rail links and within Cannock town centre. As such, the parking requirements would usually be relaxed for properties within this location. It is reasonable to expect, if not likely, that the occupants could manage without the use of a car and as such the proposal would not generate a parking demand higher than the existing retail use within the building. Notwithstanding this, there are public car parks within close proximity to the building. The Highway Authority was consulted on the application and raised no objection to the proposal in terms of highway safety. Overall the proposal would not be likely to generate sufficient traffic or parking requirements that the proposal would have a material impact upon highway safety.
The Environmental protection officer was consulted on the application and has no objections to the proposal. The proposal provides all habitable rooms with natural sources of day light.There are no important incompatible land uses adjacent to the application site. The proposal would not remove a registered nursery or health centre, therefore there would be no undesirable impact on loss of these services.
No consultation response has been received from the Fire Officer, therefore an informative will be added for the applicant’s information. Given the above it is concluded that prior approval is not required for the proposed development. Impacts on Cannock Chase Special Area of Conservation and S106 requirements. The proposed development is within 15km of the Cannock Chase SAC. In accordance with advice from Natural England, The Cannock Chase SAC Partnerships evidence base and the evidence base which underpins the development plan, any development within 15km of the SAC which is likely to increase tourism, or visitor use and recreational disturbance of the area is likely to result in significant harm to the SACs reasons for designation. This includes the creation of new dwellings. The creation of new dwellings therefore engages the provisions of eth Habitats Regulations. Notwithstanding the provisions of ‘the Order’, Regulation 73 of the Conservation of Habitats and Species Regulations 2010 (hereafter referred to as the 2010 Regulations) states that: -
(1) it is a condition of any planning permission granted by a general development order made on or after 1st April 2010, that development which—
(a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and
(b) is not directly connected with or necessary to the management of the site,
must not be begun until the developer has received written notification of the approval of the local planning authority under regulation 77 (approval of local planning authority). Officer note that Regulation 73 has been revoked except “so far as it relates to planning permission granted by a development order made before 30th November 2017 (see schedule 7 of the Conservation of Habitats and Species Regulations 2017). Therefore, this regulation still applies to permissions granted under the Town and Country Planning (General Permitted Development) Order 2015. The remainder of the 2010 Regulations have been revoked and replaced with the Conservation of Habitats and Species Regulations 2017 (2017 Regulations). These regulations have the same effect as the 2010 Regulations. As such the developer is unable to exercise his permitted development until such time that he/she has received written notification of the approval of the local planning authority under regulation 77.
The proposal complies with the provisions of Schedule 2, Part 3 Class MA of the Town and Country Planning (General Permitted Development) Order 1995 (as amended). As such it is recommended that prior approval is not required. However, the develop will not be able to lawfully commence development until the provisions of the Habitats Regulations have been satisfied by the submission of a unilateral undertaking to pay towards mitigation against impacts on Cannock Chase SAC.
Residential Development and the Planning System
It’s well known that the UK is suffering from a housing crisis. The National Housing Federation estimates that in order to house everyone who needs a home we need to be building around 250,000 houses every year, in England alone. The stark truth is that only half that number is being constructed. So, if you’re keen to build a residential development of whatever size, how do you go about getting planning permission?
The Planning System
For those of you who are unfamiliar with the planning system, at first glance it can seem quite daunting. Each local authority has its own set of requirements which it has developed to suit the need of its local area. Therefore, an application which is accepted in one area may be rejected in another. It’s worth doing your research before making a planning application to find out what your local authority’s priorities are.
Planners are required to consider applications which enhance the government’s National Planning Policy Framework and which support the following: achieving sustainable development, building a strong, competitive economy, ensuring the vitality of town centres, supporting a prosperous rural community, promoting sustainable transport, supporting high quality infrastructure, delivering a wide choice of high quality homes, requiring good design, promoting healthy communities, protecting Green Belt land, meeting the challenge of climate change, flooding and coastal change, and conserving and enhancing both the natural and historic environments. Your application will be better received if you can demonstrate that it is in line with both the national framework and your local authority’s stance.
If you have identified a piece of land which on which you propose to build, the good news is that you do not have to own it to make a planning application. You can purchase the land subject to planning permission being granted. This means that completion of the purchase is conditional upon receiving the permission you want or by having an Option Agreement which means that you can buy if the planning permission is successful, or to simply move on, if you’re not.
If the land you have identified has outline planning permission, the principle has been established that it is possible to build on it – the details of the size and shape of the dwelling will be the telling factors and will be listed on the approval document. To achieve full approval a greater depth of detail will be required.
The application process
Once you have your plans drawn up you must submit them via the government’s online planning portal [https://www.planningportal.co.uk/] which will direct your application to the appropriate local authority. Alternatively you can print out copies of the application and post them.
You may wish to seek assistance in drawing up your plans. An architect, builder or solicitor can assist you, or you may wish to engage a planning professional. It is also advisable to have a meeting with a planning officer to discuss your application before submitting your plans – some local authorities charge for this service. There are a range of consents available so it’s important that you make sure you have chosen the correct one – failure to do so will invalidate your application.
You’ll be required to submit the required plans of the development and site you’re proposing, any supporting documentation, a completed form and the correct fee. Supporting documents can consist of a location plan and a site plan, as well as an ownership certificate, an agricultural holdings certificate (whether or not the site has an agricultural holding on it), and a design and access statement, if the authority requires it. Your local authority may also require additional documentation, which will be specified.
It should take about eight weeks to receive a decision from your planning authority. You can track the progress of your application on the system. If it looks likely to be refused, you can withdraw it, amend the plans in accordance with the planners’ guidance and then resubmit it – this will not incur an extra fee. It is important that you avoid a refusal, as the plot or property to be redeveloped may then be ‘blacklisted’ on the system and in the planners’ minds. If you are unsuccessful in your application you can appeal against the decision and while this is a free process it may be a protracted one.
If you need any assistance or advice with the process of obtaining planning permission for a residential development, talk to a member of our team. We have many years’ experience in how the planning process works and can offer you guidance as to what will work best for your development.
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