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7th December 2025ViewsWith Christmas fast approaching, our team of planners are winding down with only a handful of work spaces available for the rest of 2025. Our planners will be hibernating from December 19th with limited availability for planning work remaining. Jon – 3 work spaces Anchie – 10 work spaces Fred – 8 work spaces Get your work requests in via tpexpert.org or message us direct. [...]

Permitted Development Webinar

27th November 2025ViewsNew webinar alert! Permitted Development by Town Planning Experts A free session hosted by Jon McDermott on how to secure Permitted Development using the Victory Plan. Welcome to our next FREE webinar in the series hosted by TPX. Join us on Friday 5th December as Jon shares his thoughts on Permitted Development and any useful tips on how to achieve this type of permission. Join us to find out more on the below: ✅ Introduction to PD ✅ Permitted Development explained ✅ Current state of play ✅ How PD links with our Victory model ✅ Find out more about our Victory Plan events Speaker – Jon McDermott (Town Planning Experts) Topic: Permitted Development Bookings are completely free but you are advised to reserve your slot as only limited spaces are available. Date: Friday 5th December 2025 Time: 7.00pm – 8.00pm Bookings: You need to reserve your slot via Eventbrite to receive the webinar details Town Planning Expertshttps://www.tpexpert.orghelp@tpexpert.co.uk bOOK NOW [...]

Houses of Multiple Occupancy Webinar

8th November 2025ViewsNew webinar alert! HMOs and Quick Wins by Town Planning Experts Join us on Thursday 20th November as our very own Jon McDermott takes centre stage for our latest webinar. Jon will be discussing all things Houses of Multiple Occupancy and any quick wins you can gain. With HMOs hot news at the moment, don’t miss this free webinar as Jon shares his property and planning expertise. Speaker – Jon McDermott (Town Planning Experts) Topic: HMOs and Quick Wins Bookings are completely free but you are advised to reserve your slot as only limited spaces are available. Date: Thursday 20th November 2025 Time: 7.00pm – 8.00pm Bookings: You need to reserve your slot via Eventbrite to receive the webinar details Town Planning Expertshttps://www.tpexpert.orghelp@tpexpert.co.uk bOOK NOW [...]

Changes in the Infrastructure and Planning Bill Webinar

29th October 2025ViewsNew webinar alert! Changes in the Planning & Infrastructure bill by Town Planning Experts Join us on Thursday 6th November as our very own Jon McDermott takes centre stage for our latest webinar. Jon will be discussing the upcoming changes in the Planning & Infrastructure bill and what he thinks you can expect. The Planning and Infrastructure Bill is central to the government’s plan to get Britain building again and deliver economic growth. Speaker – Jon McDermott (Town Planning Experts) Topic: Changes in the Planning & Infrastructure Bill Bookings are completely free but you are advised to reserve your slot as only limited spaces are available. Date: Thursday 6th November 2025 Time: 7.00pm – 9.00pm Bookings: You need to reserve your slot via Eventbrite to receive the webinar details Town Planning Expertshttps://www.tpexpert.orghelp@tpexpert.co.uk bOOK NOW [...]

The new TPX Community Group

10th September 2025ViewsWe have updated our Facebook group – Welcome to the Town Planning Expert Community Group. This is a safe place for people in the property space to discuss and debate planning related content with each other. You can expect top-tier networking, knowledge sharing and planning advice. Join today, share your skills and get expert planning tips from our very own Jon McDermott. Business owner? We also encourage you to connect and share your skills with other members too, as we all about helping each other out if you have a specialised skill. Our very own Jon McDermott will also be on hand to offer advice and also answer any burning questions you may have. We set up this community group along the same principles and going forward will use it to host Planners Question Time which will be returning to Zoom. Details of which will be shared in this group. We encourage those inside this community to connect with likeminded developers, investors, entrepreneurs and experts. Experts in this group are either working or delivering development. join our group [...]

The Victory Plan Book

29th July 2025ViewsBack in 2020 in the depths of lockdown, The Victory Plan was born. Crafted from the processes that made us a successful planning consultancy, we kept true to our principles and integrated them into the TVP. Oh, and absolutely NO upselling. The book is the written version of the plan, going into more detail for each of the 7 points and echos how we get planning permission in the UK. With 275 information filled pages, the book is your guide to follow and help you avoid the trips within the planning system. That’s what VICTORY is, a manual to make the planning machine work. Get your own copy below: Order now [...]

TPX Pre-app has arrived!

17th July 2025ViewsOur new Pre-app service has arrived and replaced TPX Quick Check. Out with the old and in with the new. Welcome to TPX Pre-App! Previously known as Quick Check, we have expanded this service and created a new tier system. This means you can now get the advice you need, tailored to your query. Pre-app is divided into the following tiers: Tier 1 – Householder Development (Alterations or Extensions to an existing house) and Permitted Development Enquiries that do not require Prior Approval (Free Advice – Planning Assistant Grade Only Tier 2 – All Prior Approval developments under Parts 3 and 20 of the General Permitted Development Order 2015 (£217.80 inc VAT – Planning Assistant Grade Only) Tier 3 – All other forms of development (£544.50 inc VAT – Senior Town Planner or Principal Town Planner Grade) *Service and templates will remain the same, and we are giving ‘in principle’ advice only Request your Pre-app here: https://www.tpexpert.org/consultancy/pre-app/ TPX PRE-APP [...]

Permitted Development webinar

8th April 2025ViewsJoin us for our next webinar on Wednesday, 23rd April, at 7pm! Looking to find out more about Permitted Development? As a hot topic, this webinar will explain permitted developments in more detail, as explained by our planning expert, Jon McDermott. You can also expect to learn how Permitted Developments link with our Victory framework, which we use daily in all of our live planning cases. Join us to find out more on the below: ✅ Introduction to PD ✅ Permitted Development explained ✅ Current state of play ✅ How PD links with our Victory model ✅ Find out more about our Victory Plan events Speaker – JON MCDERMOTT (TOWN PLANNING EXPERTS) 📹 Topic: PERMITTED DEVELOPMENTS 📢 Bookings are completely free but you are advised to reserve your slot as only limited spaces are available. ➡️ Date: Wednesday 23rd April 2025 ➡️ Time: 7.00pm – 8.00pm Join us to find out more on the below: ✅ Introduction to PD ✅ Permitted Development explained ✅ Current state of play ✅ How PD links with our Victory model ✅ Find out more about our Victory Plan events Speaker – JON MCDERMOTT (TOWN PLANNING EXPERTS) 📹 Topic: PERMITTED DEVELOPMENTS 📢 Bookings are free but you are advised to reserve your slot as only limited spaces are available. ➡️ Date: Wednesday 23rd April 2025 ➡️ Time: 7.00pm – 8.00pm ➡️ Bookings: You need to reserve your slot via Eventbrite to receive the webinar details Book your place [...]

Victory Plan free taster session

19th February 2025ViewsThe Victory Plan – Free taster session by Town Planning Experts Find out more about The Victory Plan for free from the host himself and TPX Co-Founder Jon McDermott. Get under the course’s skin without committing and learn more about The Victory Plan, which is taking the planning world by storm. Find out more such as the below. ✅ What is the Victory Plan?✅ Victory content you can expect✅ How we use Victory at TPX✅ How we update Victory to meet LPA regulation changes✅ Real examples of Victory in practiceSpeaker – Jon McDermott – TPX Topic: The Victory Plan Taster session Date – Tuesday 25th March 2025 Book now [...]

Victory 7

8th February 2025Latest NewsWe only do something if we are asked! We asked the question and our clients answered. Our flagship one-day Victory course will return in 2025 and lands in Guildford in Surrey in June! The Planning System, while complex, is a system with rules and procedures. As Town Planners, we work inside of this system in order to help out clients get planning permission. VICTORY has been developed using our considerable knowledge and experience to put together an easy framework that will allow developers to use the English Planning System to get planning permission. It is to enable developers to get the best out of the planning system but at the same time to avoid some if not all of the common pitfalls when approaching a development project from a planning perspective. Find out more and book your place here: https://www.tpexpert.org/series-7/ Sign up for our exclusive TPX mailing list * indicates required Email Address * [...]

Southern Enterprise Awards 2024

27th November 2024ViewsProperty Education & Training Specialists of the Year 2024! We’re thrilled to receive an award at the Southern Enterprise Awards 2024! We have been awarded ‘Property Education & Training Specialists of the Year 2024‘, a testament to our drive to provide quality education at all costs. This is the second time in a row we have taken home this award with the SME awards after winning back in 2023. In its seventh year, the Southern Enterprise Awards continues to showcase a mighty selection of businesses and individuals who are ultimately altering the trajectory of their industries. TPX aims to continue providing quality planning and property education, and this recent award highlights our dedication to this cause. We do this through a wide range of educational services including our 1-1 advice with Jon, our secret society, and other educational courses. READ MORE [...]

World Town Planning Day

28th October 2024ViewsEvery 8 November, planners and communities worldwide come together to celebrate how good planning improves lives. On World Town Planning Day, held annually on 8th November, planners, and communities all over the world come together to celebrate how good planning improves the lives of people and benefits society at large, creating vibrant places to live, work, and play together. Argentinian professor Carlos María della Paolera started World Town Planning Day in Buenos Aires in 1949. This year marks the 75th anniversary of the event – an important milestone for the profession. On 8 November 2024, planners from over 30 countries will celebrate World Town Planning Day with lectures, school competitions, fundraisers, charity events, planning awards, and street festivals Find out more World Town Planning Day 2024: Homes Start with Planning World Town Planning Day 2024 will focus on the role of planning and planners in delivering housing that meets the needs of our communities, and in helping to create equitable, inclusive, and sustainable solutions for all. [...]

A step forward in the HMO discussions

24th September 2024Latest NewsTown Planning Expert are pleased to report that Sutton Council have agreed that increasing the occupation of a 6 person HMO by a 7th Person is not development needing planning permission as it does not amount to a material change of use. This follows a growing burden of appeal evidence and is the first application of its type by this firm where the LPA has agreed without needing to refer the matter to the Planning Inspectorate. You can see the decision in full below: ufm2_Decision_Notice_Grant_CPUnDownload [...]

Change

15th July 2024Latest NewsThe new Labour Government has taken power on a promise of change and sees Planning as a key cornerstone of its intentions to grow the economy. To achieve this it sees a need to free up development by making changes to the current planning system. Its manifesto states: The current planning regime acts as a major brake on economic growth. Labour will make the changes we need to forge ahead with new roads, railways, reservoirs, and other nationally significant infrastructure. We will set out new national policy statements, make major projects faster and cheaper by slashing red tape, and build support for developments by ensuring communities directly benefit. We will also update national planning policy to ensure the planning system meets the needs of a modern economy, making it easier to build laboratories, digital infrastructure, and gigafactories. Labour will ensure economic regulation supports growth and investment, promotes competition, works for consumers, and enables innovation. It is apparent that its vision for change is aimed at major developments and infrastructure projects which will take time to put in place. In our opinion a lot of change could be achieved, speeding up all levels of development by changes to the National Planning Policy Framework (NPPF), which does not require legislation. When our current planning system was introduced in 1948 it was seen as promoting development, not a brake upon it. A system which would permit the right type of development, in the right place and at the right time. This presumption in favour of development has been carried through to the latest NPPF. In the intervening period however, many factors have been added, such as public participation, ecological matters, pollution etc., all of which are laudable but which means that even minor development such as house extensions get tied up in lengthy considerations and may incur additional costs due to additional reports being required or dealing with spurious objections. The NPPF requires local planning authorities to be proactive, but this has been watered down by advice from the civil service that the addition of a meaningless paragraph appended to all decisions, saying that the authority has an up to date plan and offers a pre-application service will suffice. We would remove this and instead provide what the public wants, namely that the system is truly proactive and that planning officers should sit down and negotiate to improve schemes where appropriate. We have yet to meet a planning officer who does not claim to have entered the profession to improve the environment, but if this is the case why is there such a negative attitude to negotiation? Part of the problem is that the planning system has been hijacked by other departments so that matters which can be dealt with under other legislation, such as licensing and environmental health, are passed on to planning. Planning officers should stop acting like postmen passing on such concerns and instead determine which matters are truly relevant, and send back matters to those departments as appropriate. Councillors are particularly bad at this raising issues which are not relevant to the planning considerations but dealt with in other legislation. Better training and clarification that issues which are covered by policies, such as duplication on standards through housing and planning should not arise. Recording of voting by members on the Planning Committee may help to focus minds that spurious decisions may result in action against those members. Consideration needs to be given to the Local Plan process which is too complicated for the layman to truly understand, and which gets bogged down in challenges and objections. There are two elements in a Local Plan, the qualitative and the quantitative, that is the subjective matters such as landscape and heritage, and those which are objective such as the number of new houses required and where they are to be permitted. Anyone who has worked across several authorities will know that the qualitative matters differ very little across the country. As such national guidance could suffice leaving the local planning authority to consider how it wishes development to take place locally. Currently the draft Local Plan has to be approved by a Government Inspector, but if s/he finds it unsound, even if it is only on one issue, it can be thrown out and the whole lengthy process has to start again. Inspectors should be proactive and where they find a policy unsound they should be tasked to working with the local authority to address the concerns, or if this is not possible to suggest alternatives. We could go on and on, but this paper hints at several of the inherent problems which can be quickly addressed. We could add more as we are sure anyone who has had the misfortune to take on the planning system can also. by Keith Oliver [...]

Well Mr J Clarkson will be happy….maybe!

2nd May 2024Latest NewsThe snappily titled The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 was released unto the world (or England at least) on the 30th April 2024, published on the 1st May 2024 and comes into force for England on the 21st May 2024. For those in Wales, Scotland and Northern Ireland you need to send your complaints to your own First Ministers (if you have one at the moment!). The changes build on the consultations that were released last year and are the second in that packet of changes proposed. Obviously now other knotty legal issues have been addressed the Government is somewhat free to manoeuvre. Classes Q – Agricultural to Residential (Q) The amendments build on the existing allowances and close existing loopholes relating to the total number of units and the total floor area allowed to be converted. This closes an obvious mathematical loophole that broke the 465sqm/5 unit ceiling within the previously amended Class Q. The provisions also open the door for agricultural buildings that were agricultural but are no more and extensions to agricultural buildings that are being converted to residential. The highlights are: The 10 year use provision still applies but with a new starting date of 24th July 2023The maximum floorspace for any dwelling created is now 150sqmThe maximum number of dwellings is now 10. Provisions in this respect also allow developers to return to previous Class Q sites if there is the floorspace within other buildings to do it.The maximum cumulative floor space of dwellinghouses including any extensions is 1,000 square metres,Extensions are allowed but are heavily restricted The normal restrictions in terms of National Parks, SSSI, a safety hazard area, a military explosives storage area, scheduled monuments and listed building’s apply in full. As will all prior approvals the nationally described space standard issued by the Department for Communities and Local Government on 27th March 2015 applies in full. The permitted development allowance to go from house to HMO (no idea why you would want this in the countryside anyway but whatever!) is also removed in line with all of the other prior approval allowances meaning you need a further planning permission if you wish to do so. In addition the requirement that the building must have suitable existing access to a public highway is imposed to reinforce the need for safe access to these agricultural sites. Class R (Agricultural to Commercial uses) is amended to incorporate Class B2, Class B8, Class C1 (hotels), Class E (commercial, business or service) or Class F.2(c) (outdoor sport or recreation); or for the provision of agricultural training. The floor area under Class R is increased to 1,000 square metres to match the amendments within Class Q. Finally the Class B2 (General Industrial Use) is limited to the processing of—(i) raw goods, excluding livestock, which are produced on the site and are to be soldon the site, or(ii) raw goods mentioned in paragraph (i) together with goods ancillary to theprocessing of those raw goods. All very sensible Class A and B Part 6 – Agricultural Buildings Whilst the minister is dishing out some countryside love farmers have also had a bit of a break with an increase in their allowances for new agricultural buildings under Class A – now 1,500 square metres and replacement agricultural buildings under Class B – now 25% more or 1,250 square metres (whichever the lessor). A Mr J Clarkson of West Oxfordshire may actually be happy with them for once! Missed opportunities Sadly the promised releasing of the prior approval burden under Classes A, B and R! has not been lifted and there is no mention of raising the limit of 150sqm under Class R2 within the regulations so this may well fill as a missed opportunity to support the farming community further. Sorry Jeremy you still have to deal with West Oxfordshire. In addition the conversion of agricultural buildings within National Parks and National Landscapes (Nee Areas of Outstanding Natural Beauty) is still locked down so the buildings that would actually not result in new buildings as dwellings in the countryside are prevented from becoming dwellings. Opportunity missed in my view. By Jon McDermott [...]

Building on the Greenbelt

25th April 2024Latest News / OpinionAs Government cries out for more housebuilding it is often stymied by local restrictions, whetherit be landscape such as National Parks or Areas of Natural Beauty, wildlife or water restrictions.All these are to a degree based on objective criteria. One of the biggest constraints however, are Green Belts, which are defined locally and haveentered the public consciousness as a no-go area for development. Despite its name Green Belts don’t even have to be green! They were originally conceived as ameans to prevent coalescence of towns and villages and to allow urban populations easyaccess to the countryside. Government advice as set out in the National Planning PolicyFramework (NPPF) sets out 5 objectives of which 4 still hold to this concepta) to check the unrestricted sprawl of large built-up areas;b) to prevent neighbouring towns merging into one another;c) to assist in safeguarding the countryside from encroachment; d) to preserve the setting andspecial character of historic towns; ande) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land. While some still serve this purpose others, applied with a broad brush, have effectively becomelittle more than a barrier to development, with large swathes of land so designated. In total theUK’s Green Belt covers an area of 1.6m hectares, which is about 12% of the area of EnglandWithin these areas there can be a wide variety of uses, from agriculture and forestry, sports andleisure and even residential uses. Council’s can review their Green Belts when updating their local plans but so entrenched is theconcept that to propose any reduction is often political suicide, yet it is estimated that the loss ofjust 1% of the Green Belt would solve the housing crisis. Most developers will have come across sites within the Green Belt which are eyesores butwhich cannot be redeveloped due to being so designated. It is often quoted that to ensuresomething deteriorates it is only necessary to designate it in one form or another. This has beenthe case for over half a century in the Green Belts. Crumbling buildings, unused agricultural land and inappropriate, often unlawful, uses can befound but remain due to being within the Green Belt. A more pragmatic approach is neededwhich recognises the original purpose, but allows for the area to be tidied up. By allowing these sites to be redeveloped or offered up in mitigation for building elsewhere thecountryside could be tidied up with land put to beneficial use or restored to a moreenvironmentally acceptable purpose. The debate is long overdue but offers potential solutions to many of the country’s challenges in the comingyears. By Keith Oliver [...]

Updated – Levelling Up and Regeneration Act 2023 Commencement Regulations

31st January 2024Latest NewsThe Government is continuing with it’s legislative programme and has started to release commencement regulations for changes to the English Planning System under the Levelling Up and Regeneration Act. These regulations are found under: The Levelling-up and Regeneration Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024 2024 No. 92 (C. 6) UK Statutory Instruments The Elections Act 2022 (Commencement No. 11, Transitional Provisions and Specified Day) and Levelling-up and Regeneration Act 2023 (Commencement No. 1) Regulations 2023 The Levelling-up and Regeneration Act 2023 (Commencement No. 3 and Transitional and Savings Provision) Regulations 2024 No. 389 (C. 21) The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (CommencementNo. 4 and Transitional Provisions) Regulations 2024 The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024 Here is the combined list of commencement provisions. This list will be updated as more regulations are brought forward. The following provisions of the 2023 Act came into force on 26th December 2023— Section 226 – Enforcement of requirements Section 228 – Registration of short-term rental properties Section 229 – Pavement licenses The following provisions of the 2023 Act came into force on 31st January 2024— Section 78 – Capital finance risk management Section 81 – Alteration of Street Names England Section 94 – National development management policies: meaning Section 106 – Street votes, so far as it confers a power to make regulations and so far as it relates to the provisions of Schedule 9 brought into force by paragraph (q) Section 107 – Street votes: community infrastructure levy, so far as it confers a power to make regulations Section 123 – Duty in relation to self-build and custom housebuilding Section 129 – Hazardous substances consent: connected applications to the Secretary of State Section 140 – Enforcement of community infrastructure levy Section 180 – Acquisition by local authorities for purpose of regeneration Section 181 – Online publicity, so far as it confers a power to make regulations Section 184 – Corresponding provision for purchases by Ministers, so far as it relates to the provisions of Schedule 19 brought into force by paragraph (r) Section 185 – Time limits for implementation Section 186 Agreement to vary vesting date Section 187 Common standards for compulsory purchase data Section 188 ‘No-scheme’ principle: minor amendments Section 189 Prospects of planning permission for alternative development The following provisions of the 2023 Act came into force on 12th February 2024— Section 135 – Biodiversity net gain: pre-development biodiversity value and habitat enhancement The following provisions of the 2023 Act came into force on 31st March 2024— Sections 84, 85, 86, 89 – Planning Data Standardisation Section 91 – Definitions of key terms that are used throughout Chapter 1 of Part 3 of the Act Section 111 – Planning Commencement Notice Section 171(7) – New section 135A into the Local Government, Planning and Land Act 1980 (c. 65). The effect of this new section is to give the Secretary of State the power to make regulations setting out how an oversight authority is to oversee the regeneration of a locally led development area Sections 182 and 183 – Amendments to the operation of Compulsory Purchase Orders Sections 203, 205, 206, 214, 215 – Local Rental Auctions Schedule 22 – Amendments to Pavement Licenses The following provisions of the 2023 Act come into force on 25th April 2024— Section 103 – temporary stop notices in relation to listed buildings Section 115 – time limits for enforcement The amendments made to the 1990 Act by section 115 of the 2023 Act (time limits forenforcement) do not apply where—(a) in respect of a breach of planning control referred to in section 171B(1) of the 1990 Act (5) (time limits), the operations were substantially completed, or(b) in respect of a breach of planning control referred to in section 171B(2) of the 1990 Act (time limits), the breach occurred, before the day on which that section comes into force Section 116 – duration of temporary stop notices Section 117 – enforcement warning notices Section 118 – restriction on appeals against enforcement notices Section 119 – undue delays in appeals Section 120 – penalties for non-compliance Section 122 -Consultation before applying for planning permission Section 124 – Powers as to form and content of planning applications The following provisions of the 2023 Act come into force on 30th April 2024— Section 190 – Power to require prospects of planning permission to be ignored, Compulsory Purchase. The remainder of section 181 – Online publicity of documents within the CPO Process The following provisions of the 2023 Act come into force on 7th May 2024— Section 230 – Historic environment records The following provisions of the 2023 Act come into force on 25th July 2024— Section 105 – Removal of compensation for building preservation notice [...]

New Planning Fee’s in England

13th November 2023Latest NewsFrom the 6th December 2023 the Planning Fee’s in England will be updated and increased. All existing fees payable to local planning authorities under the 2012 Fees Regulations are increased in respect of applications made, or deemed to be made, on or after these Regulations coming into force. Fees to be paid in respect of applications, deemed applications, requests or site visits relating to major development are increased by 35%. All other existing fees are increased by 25%. A new provision is added to the 2012 Fees Regulations so that, from 1st April 2025, all fees under those Regulations can be increased annually (new regulation 18A). The amount of any increase will be in line with inflation, or if lower, 10%. Further amendments are made to the 2012 Fees Regulations to remove the exemptions from fees for repeat applications and to introduce a fee for an application under Part 19 of Schedule 2 to the Town and Country Planning (General Development) (England) Order 2015. In addition, provision is made so that where the statutory determination period for a planning application is 8 weeks, a refund of any fee paid may be obtained, under regulation 9A, if the application is not determined within 16 weeks and an extension of time has not been agreed with the applicant The headline fee’s for applications submitted on or after the 6th December will be as follows: £120 for Discharge of Planning Conditions £293 for Certificates of Proposed Use or Development £578 for each dwellinghouse or for a material change if use (below 10 units) Between 10 but no more than 50 dwellinghouses – £624 for each dwellinghouse. No ‘special fee treatment for applications for prior approval under the General Permitted Development Order 2015. The regulations are set out in full within SI 2023 No. 1197 The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023 [...]

Planning’s Ultimate Curse

29th September 2023Latest News / Opinion / ViewsThere is a phrase in the lexicon of each and every planning professional in the country that is the ultimate curse! Forget ‘Avada Kedavra’ from the Harry Potter novels and films or Kahn spitting ‘from hells heart I stab at thee’ in Star Trek II. Even mentioning the Scottish play to a Shakespearean actor does not come close! This one curse in planning law and practice will get everyone’s back up and once uttered there is often no reputational return! Planning Precedent! (Herein referred to as PP in order not to upset planning colleagues) There is nothing in the world of planning law that is more incorrectly used and relied upon that this simple term and nothing will destroy a developers reputation quicker than the use of the phrase in front of a planner or planning officer. The term is used as a form of panacea to all ills by developers, architects and even estate agents to enshrine the idea that all cases must be considered alike. It comes from the idea of legal precedents when a case’s circumstances and legal requirements match those of a contemporary legal dispute; unless a party can demonstrate that it was incorrectly resolved or that it differed materially, the precedent will typically govern the outcome of a later similar case. It is often used by those who utter the curse to somehow hamstring the LPA. Those who use it believe that if the LPA allows a form of development in their area they have effectively allowed that form of development everywhere in their area and must therefore allow their planning permission. The use is understandable if the attitude of the developer is “well they got it thirty miles away so I can have it too” The whole concept of PP is, in fact, planner made. When I was trained as a town planner in 2002 we were encouraged to consider whether there was a case for stating that the development would set an undesirable precedent for other such decisions to be allowed. This clumsy set of words that appeared in appeal decisions of the time were always ultimately swept away by the Planning Inspectorate as ultimately the concept of PP essentially flies in the face of planning’s ‘Prime Directive’s’ which are; Planning permission should be granted unless policy or material considerations dictate otherwise and Every planning permission must be considered on their own and individual merits. Ultimately a search of the case law does not reveal a judicial direction on the existence of PP because it cannot in fact actually exist. That is why, when cited, a developer or other professional must be corrected stating that PP does not exist or PP is not a material planning consideration. So what is person actually trying to get to when they use the PP curse? What developers hope PP is, is actually two discrete and much more open principles of decision making behaviour and the principle of consistency. Lets deal with the latter first. The Principle of Consistency In planning law, there is a “principle of consistency” in decision-taking. The principle is not that like cases must be determined alike, but a decision-taker ought, when considering a materially similar proposal, to have regard to the principle of consistency, to have good reason if deciding to depart from the previous decision, and to give reasons for any such departure. The reasoning behind this was explained by Mann LJ in North Wiltshire District Council v Secretary of State for the Environment (1993) 65 P & CR 137: “One important reason why previous decisions are capable of being material is that like cases should be decided in a like manner so that there is consistency . Consistency is self-evidently important to both developers and development control authorities. But it is also important for the purpose of securing public confidence in the operation of the development control system.” Two further recent decisions in the High Court have now emphasised the importance of consistency in planning decisions and the need for clear reasons to be given where inconsistencies arise. The first case, R (Midcounties Co-Operative Limited) v Forest of Dean District Council EWHC 2050, involved a challenge by the Co-Op of the granting of planning permission for an Aldi store on a site outside the town centre. Singh J confirmed (at paragraph 107) that: “Although the authorities demonstrate that a local planning authority is not bound by its earlier decision, nevertheless it is required to have regard to the importance of consistency in decision-making.” In the second case, Baroness Cumberlege v Secretary of State for Communities & Local Government EWHC 2057, planning permission granted by the secretary of state for a housing development was quashed after he had failed to take into account a decision taken by his own department a mere 10 weeks earlier. The High Court held that the secretary of state’s decision that a planning policy was out-of-date, and thus could be given less weight, was completely inconsistent with the decision of his own department, which was that the policy was up-to-date. These two further court decisions emphasise the need for consistency in planning decision-making, especially when assessing similar developments. This is not so onerous so as to mean all previous decisions must be considered. However, it is clear that there are instances where decisions are so similar that to fail to take them into account would be nothing but unreasonable. Consistency is still not the panacea than PP pretends to be. The principle importantly requires the decision maker to consider previous planning decisions but importantly, unlike the PP curse, they are not bound to them and can deviate from them if material considerations dictate otherwise. In essence then the decisions have to be so similar in all respects for the true principles of consistency to take effect and for us to get close to the effect of the PP curse. Decision Making Behaviour The concept of decision making behaviour builds on the principles of consistency and applies them over a number of applications within the same LPA area. This requires a much greater understanding of the likes and dislikes within a particular planning authorities area and gives some credence to the old adage that a local town planner may be better informed about the LPA’s decision making behaviour than a planner that operates nationally. However in today’s modern age of planning data online this can easily be established. Decision making behaviour is often identified as an rational or irrational dislike for specific forms of development. In Portsmouth in the 2000’s it was the Hip-to-Gable roof conversion that was very much on the Council’s hit list. They refused almost every single one and won almost every single appeal. It stemmed from an established hatred of that particular form of development based on the fear that it would disrupt the symmetrical appearance of pairs of semi-detached properties within Portsmouth’s regimented suburbs. This policy only died when the government altered the householder permitted development allowances and allowed for hip-to-gable developments. Nominally decision making behaviour is negative however it can come from a policy impetus that is ultimately positive. Croydon, between 2015 and 2018, displayed a decision making behaviour that perversely sought to demolish houses within the suburbs and replace them with small blocks of 7 and 8 flats. This was a politically motivated policy to assist the Council in disposing of some of their own stock. The positive nature of this policy meant that every developer in south east London appeared to be gravitating towards Croydon in order to buy a suburban house and turn it into a small block of flats. Policy and behaviour were confused and the PP curse was used on a number of occasions. Ultimately the behaviour changed and a number of developers were left carrying the corpse of existing or prospective developments that had been bought at an overinflated price or where the GDV no longer represented the reality of the situation. Ultimately the decision making behaviour lead to a housing market in Croydon that was no longer sustainable. But at least the Council were consistent! As a town planner I would dearly love for PP to be deleted from the English language and I spend time correcting clients and others that the term has no effect in law. Hopefully by this article you dear reader will also understand why PP is just not to be used and why the ultimate curse is ultimately…pointless! By Jon McDermott Image of Lord Voldemort attributed to Warner Home Video / Warner Home Video [...]

Flexible options for amending planning permissions are more bendy than first thought!

12th September 2023Latest News / OpinionI have a dilemma at the moment! We are looking at a scheme for a client and the architect is insisting that we are going to make a Section 73 application to vary the original planning permission. Now, there are three legal ways to amend a planning permission that has been granted and is still extant. Section 96(a) applications fall into the ‘non-material alteration’ space and are for very minor changes that do not alter the material considerations applied to the scheme. Whilst there is no statutory definition of a non-material amendment you can think of it as something that no one would actually notice. Where these modifications are fundamental or substantial, a new planning application under section 70 of the Town and Country Planning Act 1990 will need to be submitted. This is exactly what it says it is. A new application with everything to be considered again but with the reassuring fallback of the original application. Section 70 applications are for where you are increasing (or decreasing) the number of units or changing the description of development. Between S96(a) and S70 of the Act is Section 73. Section 73 of the Town and Country Planning Act 1990 allows you to apply for planning permission for a similar development but not subject to the conditions imposed on the original scheme. A new planning permission is created as a result and the two schemes exist together within the planning history and at the same time as twins. You may, of course, then choose which twin you go with as they are both valid approvals. When Considering a S73 the Council is only allowed to consider the changes you propose rather than the totality of the scheme again. This is the dilemma I find myself in! The Government’s Planning Practice Guidance advises that In contrast to section 96A, an application made under section 73 of the Town and Country Planning Act 1990 can be used to make a material amendment by varying or removing conditions associated with a planning permission. There is no statutory limit on the degree of change permissible to conditions under s73, but the change must only relate to conditions and not to the operative part of the permission. Provisions relating to statutory consultation and publicity do not apply. However, local planning authorities have discretion to consider whether the scale or nature of the change warrants consultation, in which case the authority can choose how to inform interested parties. Planning permission cannot be granted under section 73 to extend the time limit within which a development must be started or an application for approval of reserved matters must be made. Section 73 cannot be used to change the description of the development. The government guidance on the use of S73 was the subject of the recent High Court decision of Armstrong v Secretary of State for Levelling-up, Housing and Communities & Anor EWHC 176 (Admin). Mr James Strachan KC, sitting as a Deputy Judge of the High Court, found that the planning inspector erred in law in his interpretation of the scope of section 73 and quashed the appeal decision. The Deputy Judge in his decision clarified that: “Section 73 is clearly intended to be a provision which enables a developer to make a section 73 application to remove or vary a condition, provided of course that the application does not conflict with the operative part of the planning permission. But provided there is no inherent conflict or inconsistency with the “operative part” of the planning permission – in this case the construction of a single dwelling – the planning merits of that proposed change can be assessed on its merits. No such assessment has occurred. As part of that assessment, the decision-maker will be able to consider whether the proposed change (fundamental or otherwise) is acceptable or not in planning terms, taking account of any representations received.” The operative part of the planning permission being the description of the development granted. In the Armstrong case that was the construction of a dwelling on the site for which the Deputy Judge found that the redesign of the dwelling would cause no conflict. S73 applications have a marked benefit in terms of the planning fee associated with them. The Fee’s guidance is clear and states: What fees are payable for applications to vary conditions? In order to vary the terms of a condition or to implement a planning permission without an imposed condition, it will be necessary to make an application under section 73 or 73A(2)(c) of the Town and Country Planning Act 1990. The fee for an application under section 73 or 73A(2)(c) is a flat rate fee of £234 as set out in paragraphs 5 and 6(b) of Part 1 of Schedule 1 to the 2012 Fees Regulations. More than one condition at a time can be removed or altered on the same application without any multiplication of the fee to be paid. So whilst it is clear that S73’s can go far beyond the scope of the minor amendment they were meant to address it is also clear that one cannot sneak in more dwellings or change the description of development using them. Dilemma solved then! Well, not quite. As is my clients wish they want to increase the number of dwellings from 1 to many and alter the components associated tin the application they will need to step away from the flexible options on offer and bite the bullet of a full planning permission. At least the fallback position is in place. [...]

Farm Diversification Booster?

4th September 2023Latest News / Opinion / ViewsOn the 26th January the snappily titled Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2023 came into force in England. Buried within the order was an amendment to part 4 (temporary buildings and uses). Class BC – temporary recreational campsites. This new allowance builds on the former 28 day temporary change of use of land provisions to provide for a discrete allowance on ANY land for the provision of a temporary residential campsite. The allowance provides for no more than 50 pitches and any moveable structure reasonably necessary for the purposes of the permitted use. This can include a movable toilet block, movable shower block, or movable office. These new campsites are not allowed everywhere. The provision of ANY land excludes the logical places that you would not want to see a campsite such as; on a site of a scheduled monument; in a safety hazard area; in a military explosives storage area; on a site of special scientific interest; on a site of a listed building and for the siting of any caravan except a caravan which is used as a motor vehicle designed or adapted for human habitation. Basically statics are not allowed but touring caravans are! The conditions of the use make clear that this is a prior approval allowance but with only matters of compliance and flood-risk considered! The developer must make on-site provision for users of the campsite of toilet and waste disposal facilities and needs to submit a plan showing how these facilities will work together with the dates that the dates on which the site will be in use. The LPA will be required to notify the Fire and Rescue Service and the EA if the land is within Flood Zone 2 or Flood Zone 3. Finally this prior approval only last for a calendar year. Developers must re-apply every year before commencement of development in each calendar year. Like with most of the PA’s within the GPDO the application is subject to the 56 day rule putting pressure on the LPA to understand what is going on and reach before they run out of time. This is especially pertinent as the objections they can raise appear exceptionally limited. WOW! Whilst the lack of joined up thinking at the Department for Levelling Up, Housing & Communities is profound with its present war on SA and proposed PD for Hotels to Resi this actual PD allowance provides for new campsites and caravan sites to be developed each year by landowners and developers to somewhat reinforce the tourism industry! Once you have run one of these 60 day cycles and demonstrated that you know what you are doing without substantial harm it is only a short hop for a little more time and…permanency! Granted through a planning permission off the back of a prior approval allowance. Mansell vs Tonbridge and Malling all over again! I, for one, am going to be considering this new allowance with interest and see how it is applied in practice. [...]

Wonkiest pub highlights weakness of planning system.

20th August 2023Latest News / NewsThe recent fire and subsequent demolition of The Crooked House public house at Himley in theWest Midlands has resulted in much anger, but unless criminal intent can be proven mayultimately considered a fait accompli. Details of the building’s demise have been followed by the national media and certaininformation has come to light. Although built in the 18th century the building does not appear to have been listed. It hadacquired its unique appearance due to subsidence from underground mining during the 19thcentury but was saved from demolition by the addition and subsequent strengthening ofbuttresses. In recent weeks it was sold to an adjoining landowner, who we are told wanted it for alternativepurposes. Within days of purchase however the building went up in flames. This is beinginvestigated by the police as possible arson. Almost immediately the building was demolished, without planning permission and according tothe Council contrary to its advice to only demolish the upper floor which was considereddangerous. The Council, faced with local and national uproar, is investigating what action it cantake. At present suspicion falls on the new owner, although proving this may prove difficult althoughthe timing of the fire and the speed at which the building was demolished would appear toindicate a premeditated act. Given the pub’s location in the countryside it is unlikely that the Council would grant planningpermission for any significant redevelopment so the motive for the loss of the public house isquestioned. Proving who was responsible may be difficult to prove in court and there is little likelihood orrequiring the public house to be rebuilt. The case once again flags up weaknesses in theplanning system where unscrupulous developers cover their tracks to gain something whichmay not otherwise have been granted. Removal of protected trees or travellers setting up homeon greenfield sites are all too common and may take years to resolve if ever. Given the local outrage one may question why the local authority had not sought to get thebuilding listed or at least designated a Conservation Area, both of which would have afforded adegree of protection. Undertaking work without planning permission is not a criminal offence which opens it up topotential abuse and this case may prompt calls for greater control. I have been told that in France where suspicions arise due to buildings being demolished or burnt down the site cannotbe redeveloped for five years, thus removing any financial incentive. Whether true or not it is the sort of legislation which is needed if we are to protect our heritagefrom similar events in the future. By Keith Oliver [...]

The Last Victory of 2023

31st July 2023Latest NewsMarching our way to September when the last VICTORY day of 2023 will be held in Exeter, Devon! It will be exactly a year since we did the first VICTORY day in Camden in 2022 and this will be our 5th running of the day since that first sailing. Here is what you can expect VICTORY fully updated for nutrient neutrality, biodiversity net gain, new use classes and new permitted development allowances that are being consulted upon right now! NONE of the normal NLP or upsell that the PropEd industry is known for. A process that we use day to day in each one of our cases to get to the high success rate that we are known for. If you want to join us for the last sailing of the season then go to the victory page and sign up! All hands, brace for action! [...]

Is the Government listening?

25th July 2023Latest News / ViewsPresumably under instructions to show the Government is fulfilling its promises on housing,Michael Gove is proposing to relax the planning system still further to allow more town centrepremises to be converted to housing, and to develop brownfield sites.This despite much of thecountry being under a housing embargo and a general opposition to new housing because ofthe lack of infrastructure. The Government has a target of 400,000 new homes per year. A target it has consistently failedto achieve. Margaret Thatcher created much of the problem by not allowing Councils to buildnew housing while also making it easy for tenants to buy their houses, effectively turning off thetaps while removing the plug. This is especially so in the affordable housing market. The expectation was that the private housebuilders would pick up the slack, but despite theirprotestations they have no interest in flooding the market with new houses which would reducetheir profits. Although some provision has been made for Councils to build houses it is to little to late.In recent years embargos due to impacts on wildlife, water and power supplies have effectivelystopped development in much of the country. Where development has gone ahead it does little to persuade the public to support moredevelopment. The re-use of empty buildings makes a good sound bite but has resulted in manycases of poor quality housing, often with minimal parking provision and no regard to thelocation. Michael Gove sees taking more control away from local councils as the solution, but in reality islikely to alienate the public still further unless some of the problems of the last ten years can beaddressed. Mr Gove is seeking to promote a major development in Cambridge as an example of the wayforward, notwithstanding that the area has severe water supply problems. Even so Mr Govebelieves he can persuade local decision makers to approve the scheme. This despite localsseeing the rivers running dry and the likelihood of water rationing in the future. Who in their rightminds would vote for proposals that will lead to the taps running dry? To achieve this the Government proposes to send in teams of planners. Anyone who has madea planning application will now that Councils have too few staff and are unable to fill vacancies.Thirty years of cutbacks, redundancies and early retirement has cut deep into the bone of theservice. There is no large pool of planning officers to draw on. Finally in a throwback to 2008 the Government intends to relax the rules on house extensions. Itwas not clear then how this helps house building or expands the economy and no explanation isgiven now. This was the area where planning officers first cut their teeth. Do we expect them to comestraight from college, usually with a geography degree, and expect them to deal with majorhousing schemes? By giving councils the role of arbitrator between neighbours it takes potential cases away fromthe courts. One can only assume that with a General Election looming the Government is dusting of oldpolicies to try and appear to be addressing the problem of housing while in reality building moreproblems for the future. By Keith Oliver [...]

Beauty is in the eye of the beholder

8th July 2023ViewsThe country is in the grip of a housing crisis with a need for new housing but an inability to provide the amount it requires. This is in part due to not enough houses being built arising from an insufficient workforce, restrictions on where houses can be built, and local opposition due to inadequate infrastructure. One often quoted solution is for better design. The Government’s National Planning Policy Framework (NPPF) devotes a whole section to design with the implied suggestion that well designed development will be more likely to gain planning permission and more quickly. Notwithstanding that, every planning authority will indicate within its adopted Local Plan that it expects good quality design to many poor developments are approved. Of course there is no definition of what is good design. Even where Council’s provide Design Guides they are usually very basic and often ignored. It is a failing of the planning system that since its inception in 1948 we have witnessed a fall in the quality of the houses and commercial buildings which have been approved. From identical house types from Land’s End to John o’ Groats, and stuck on features to commercial properties which are little more than tin sheds, our legacy is pitiful, based on short term profit rather than providing buildings we can be proud of. While Council’s and the Planning Inspectorate must shoulder much of the blame, the building industry must also take some responsibility. Profit comes first meaning the minimum one can get away with in the quality of design and materials. Even where time is spent negotiating good design the actual build is not overseen and important details may be toned down or omitted. Some of this is due to the lack of design training among professionals. I have met too many architects and draughtsmen who do not look beyond the confines of the site. While their schemes may be well-designed in themselves they pay no regard to the context in which it sits. This may be because the client wants whatever the latest fashion may be, but surely part of the role of an architect is to guide the client not blindly draw what they ask for. Even if we could get agreement on what is good design it is not the panacea to the housing crisis. Many buyers would put design well down their list of requirements, being guided more by cost, location and internal features. For neighbours they are more influenced by the day to day issues of increased traffic, lack of health services and strains on existing infrastructure and are not going to accept development in their community just because someone deems it good design. There are many obstacles to building more houses, but while design should not be overlooked it is not an easy solution to the deep-rooted problems the country faces. [...]

LPOC Reception – House of Commons

10th May 2023ViewsTPX attending the LPOC Reception! It was a pleasure for two team members to attend the LPOC Reception at the House of Commons, Westminster on 24th April. This event included people such as Craig Mackinlay MP at the House of Commons, Rachel Maclean (Minister for Housing), and Lord Parkinson (Heritage Minister) who discussed the challenges of obtaining approval for renovation or restoration work and improving energy efficiency. They agreed on the need for simplified planning rules and initiatives to balance preservation with energy efficiency. Lord Parkinson reassured attendees that owners’ interests were being addressed across all government departments. Between 2007 and 2022 the number of full-time Conservation Officers fell from 1,224 to 526 Craig also recognised the lack of specialist contractors and the high material costs associated with maintaining and improving a listed property, particularly the challenges this will present as the government encourages owners of all homes to improve energy efficiency.Rachel discussed new initiatives aimed at helping owners and tenants of listed properties, including a consultation on how to make it easier for businesses to operate out of listed buildings. Both Tanya and Simon from TPX attended this event and asked the following: “What is being done about the lack of planners and conservation officers. Also, She said about conservation officers being so unflexible and not seeing the bigger picture of listed buildings’ custodians.” tANYA ASKED “What are the plans to address how EPC’s are assessed given the results are disproportionally skewed to the cost of energy unit to the user rather than device energy efficiency and more carbon-friendly sources. The problem is even more acute for those who own listed buildings.” simon asked [...]

We have moved offices!

14th April 2023News / ViewsWe are pleased to announce that we have moved the location of our TPX office! After some fantastic years at St Georges Business Centre, we are looking forward to the new surroundings at the University of Portsmouth’s – Technopole Building. The Technopole Building offers us a state of the art working facilities, making the perfect environment for us to grow our business. Technopole is located conveniently close to the M275 (the main road leading into the city) and we’re thrilled to have it as the new home of our business. All of our contact information remains the same. Our new location: Room 204 Technopole, Kingston Cres, North End, Portsmouth PO2 8FA [...]

Is C4 to 7 Person HMO a Material Change of Use?

13th March 2023Latest News / OpinionChange of use from C4 to Sui Generis is a very common planning application that is submitted to the LPA’s in a big number. Most of them getting rejected mainly on the basis of impact on the living conditions and amenities of the occupiers and neighbors. What is a C4 HMO ? Use Class C4 covers small HMO’s being occupied by between 3 and 6 unrelated persons. The use class is predicated upon persons resident and not on the number of bedrooms within the building What is a Sui Generis HMO? Sui Generis HMO is shared houses occupied by 7 or more unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom. After reading the above two statements, what I have understood is conversion of a C4 property to Sui Generis wholly depends on the ”Number of Occupiers” of the property and not on the number of bedrooms or other amenities provided by the property. This raises a question: why does this require a planning permission? Is it considered material change of use? When the original guidance was brought out in 2010 the Government made clear that the change of use from a C4 to a Sui-Generis HMO was to be decided on a case by case basis and given the fact and degree of the change of use. The government went so far as suggesting that one or two additional persons within a C4 HMO may not actually result in a change of use requiring planning permission. The issue is somewhat more basic than this. At planning school we as planners are told one simple truth. “A change of use is where you move from one use class to another” As a profession we are set up from the start (Day 3 to be precise) to see changes of use as binary. It either is or it isn’t because of use class. This is because the Use Classes Order itself is a wholly permissive document purportedly telling us what falls into each class so that we can judge whether a ‘Material Change of Use’ would happen. The problem is that there is no legal definition of a Material Change of Use other than the view of the decision maker based on a fact and degree judgment. In recent appeal cases the knotty problem of whether the addition of a person resulted in a material change of use has reached the annulled halls of the Planning Inspectorate and they are consistently ruling in one direction. No, it is not. Recent appeals have focused on the truth of the matter rather than a blind assessment of the Use Classes Order, much to the chagrin of the Planning Committee which was recently accused of having a shockingly low understanding of planning law and practice. Lets think about that truth for a minute. Development is judged on the ‘description of development’ in S55(1)(2) and (3) of the Act. We don’t need planning permission for the addition of bedrooms under S55(2) if these works are wholly internal. The use is predicated upon people and not bedrooms and so just adding rooms to an existing HMO does nothing. Then we move on to the harm in the public interest, i.e. the observable effect. Adding more people to an HMO well yes that adds more people. But when does that become noticeable? Would you honestly be able to tell if one more person moved into a family home? Most likely not! Whats the difference in one more person in terms of noise or car parking or amenity space needs or refuse? So why is an HMO so different from this reality. In the main HMO occupiers have less reliance on cars, they generate the same amount of refuse and potential noise and the alterations to create an HMO often improve the existing energy and noise abatement characteristics of the building. Yes there may be one more person living there but in terms of the effect itself this is negligible. In one of the recent planning appeals for three properties for change of use from C4 HMO to Sui Generis HMO the inspector concluded just that. The addition of 1 more occupant to the property would not require any external alterations nor indeed a material change of use that would require planning permission. After the site visit the inspector was also damming of the Council’s approach stating that the amount of communal living space was acceptable and meets the requirements of the National Space Standards. And this is a growing trend. We have been tracking similar appeals in England where Inspectors are correctly asking the question whether a 6 to 7 or 6 to 8 person HMO needs planning permission from the LPA as the works and the effect do not cross the threshold for development needing planning permission. I think it’s time to rethink the requirement of planning permission for a conversion for 6 bed C4 HMO to a 7 bed Sui Generis. When it is well understood the addition of 1 more occupant does not have any demonstrable impact on the living conditions, noise, parking or amenities. This in its own would free up a substantive amount of workload within an already crippled system and allow planning officers to assess real development in the public interest. By Shivam Sagwall [...]

Refund for Non-Determination, a one sided affair!

9th December 2022ViewsIt is the proper time to study the ‘planning guarantee’ as the Local Planning Authorities (LPAs) are taking ever more time to decide on the application. I understand the bulk of the work of the local planning officer, including their capacity and skills to do all the work, but still, they have the responsibilities and liabilities to adhere to this policy: Regulation 9A of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (hereinafter “the 2012 Regulations”). “Refund of fees in relation to planning applications not determined within 26 weeks9A.—(1) Subject to paragraph (2), any fee paid by an applicant in respect of an application for planning permission or for the approval of reserved matters shall be refunded to the applicant in the event that the local planning authority fail, or the Secretary of State, in relation to an application made under section 62A of the 1990 Act fails, to determine the application within 26 weeks of the date when a valid application was received by the local planning authority or the Secretary of State, as the case may be. (2) Paragraph (1) does not apply where— the applicant and the local planning authority, or, in the case of an application under section 62A of the 1990 Act, the Secretary of State, have agreed in writing that the application is to be determined within an extended period; the Secretary of State gives a direction under section 77 of the 1990 Act(1) in relation to the application before the period mentioned in paragraph (1) has expired; the applicant has appealed to the Secretary of State under section 78(2) of the 1990 Act(2) before the period mentioned in paragraph (1) has expired; or any person who is aggrieved by any decision of the local planning authority or the Secretary of State in relation to the application has made an application to the High Court before the period mentioned in paragraph (1) has expired. (3) In this regulation “valid application” is— where the application is made to a local planning authority, to have the same meaning as in article 29(3) of the Development Management Procedure Order; where the application is made under section 62A of the 1990 Act, to have the same meaning as in article 29(3) of the Development Management Procedure Order (but with the references in that definition to articles 5, 6, 8 and 12 of that Order being construed as references to those articles as applied by a development order made pursuant to section 76C of the 1990 Act).” It is not normal for me to scrutinise the application of government policy however I now have a case which has lead me to look further into it. The planning application was validated on 23/05/22, and the 26th week period for non-determination is on 21/11/22. The law implies that the 26 weeks will start when the local planning authority receives a valid application. I do not know if the case officer is aware of Regulation 9 of the 2012 Regulations of the Town and Country Planning Act (TCPA) 1990 “Refund of fees in relation to planning applications not determined within 26 weeks”. I am also not keen to know if there are LPAs that returned the applicant’s payment for non-determination of the application. Paragraph 9A does not apply if the applicant and the LPA have agreed in writing that the application is to be determined within an extended period. The LPA’s case officer has not asked for a time extension even though the decision’s due date of 18/7/22 has been passed. On the face of it then the fee is due for a refund. However what happens if the council and the applicant agree an extension? In the case of Provectus Remediation Limited vs Derbyshire County Council the High Court ruled that “A refund of a fee paid at the time of a planning application should be made only if a period of 26 weeks has elapsed from the receipt of a valid application and that application has not been determined by the local planning authority. In my judgment, if the applicant and the local planning authority agree in writing that the 26 week period should be extended the planning fee paid by the applicant does not fall to be refunded even if the local planning authority fails to determine the application within the extended period.” The above statement makes clear that my client is liable for a refund. However, my client is not interested in the refund. He wants his application to be determined. This then demonstrates the one sided nature of the regulation. If he demands the refund then application will then be set aside as it will be out of time and not a priority. If he agree’s an extension then the LPA may determine the application in the time period given but he also loses the protection of the planning guarantee. The court decision on Provectus Remediation Limited vs Derbyshire County Council on 8 June 2018 is a good example of the proper interpretation of Regulations 9A. But, in my opinion, is not fair to the applicant because if the council asked for a time extension and the applicant agreed, there is no time limit on the determination of the application. It is just a one-time extension agreement between the local authority and the applicant, and the local authority can have unlimited time to determine the application, and the applicant’s fee cannot be refunded. The applicant should think twice before agreeing to the time extension, but in my opinion and in my experience, the applicant does not have the choice to disagree because no policy or law protects the applicant once they disagree. I can say that this Regulation is one-sided once the applicant agrees with the time extension. How unfortunate! By Anchie Balbido [...]

Those at the back cried forward, while those at the front cried back.

23rd November 2022ViewsThere is no doubt we are in a housing crisis but we are getting mixed messages. Nationally theGovernment aims to see 300,000 houses built per annum by 2025. Meanwhile at the local levelresidents oppose new development which they argue will swamp existing towns and villagesand lead to the loss of valued countryside and overstretch medical and other public services. For much of the country there is a moratorium on housebuilding as pollution of our rivers andcoastal areas and pressure on heathlands restrict where we can build. Many towns and cities,despite being identified for further growth by Central Government now find themselves withnowhere to build either due to no land being available for housebuilding in their administrativeareas or having in the past drawn Green Belts too tightly. The result has been a surge in high rise developments, increasing housing densities, oftenwithout amenity space other than balconies and with limited on-site parking. The implications for personal well-being are too dreadful to consider. If lock-down during thepandemic showed us anything it was the need for gardens or easy access to open areas. It is alesson which seems to have been quickly forgotten by our political masters, but which resonateswith local communities. Even where developers manage to find sites local planning authorities seem to go out of theirway to be obstructive with a growing list of requirements and charges which at best delaydevelopment and at worst make schemes uneconomic. When I came into planning it was understood that the role of the planning authority was to workwith developers to ensure that the right type of development took place at the right time and inthe right place. Schemes were only to be refused where they caused demonstrable harm. Today local planning authorities seem to see their role as being to stop development. This is inpart due to too many experienced planners leaving local authorities either through earlyretirement, voluntary redundancy or attracted by better pay and conditions in the private sector. While we all accept there is a national housing shortage, unless Central Government canunblock the barriers to growth, whether physical or political, the problem will still be with us formany years to come. By Keith Oliver [...]