Racheal will be initially working with us for 3-4 days a week.

Racheal joined Tewkesbury Borough Council in 2006 where she worked for 4 years dealing with householder schemes, individual dwellings, listed building consent and minor applications.  Prior to this, Racheal worked for a private planning consultancy.  Racheal has recently completed her final year at Cardiff University where she hopes to gain an MSc in Planning Practice and Research.  Outside of work, Racheal enjoys music and is a keen pianist.

“Since the refusal of this application, the Government has altered Planning Policy Statement 3 ‘Housing’ (PPS3) by removing private residential garden land from the classification of previously developed land and removing the requirement for a minimum density for new development.  Whilst the change of status of garden land clearly applies in this case, it should not, in my view, be taken to mean that there should be no development on garden land.”

Our client’s response to the above appeal decision in general: “I would like to thank you for all your help, advice and hard work in achieving this.  As I said to you the other day who needs Counsel when we’ve got SF Planning”

For more detail on this decision please telephone the office and ask to speak to Mark or Simon.  We would be pleased to assist with any comparable situations.

The PINS guidance on PPS3 can be found here, and the guidance on the abolition of the RRSs can be found here.

For further discussion on these issues please phone Mark or Simon on the office number - 01242 231575.

The first is that the minimum density target of 30 dwellings per hectare has been removed, but the PPS still urges the efficient use of land.  The difference will be that Council’s will no longer need to justify permitting a density that is lower than 30 dwellings per hectare, and emerging policies will need to consider a range of possible density targets across a particular area.  What this means for Councils that already have Development Plan Policies which set a minimum density is unclear.

The second amendment is the removal of  ‘private residential gardens’ in ‘built-up areas’ from the definition of ‘previously developed land’, often referred to as ‘brownfield land’.  This effectively removes the priority status given by paragraph 36 of PPS3 to the development of garden land.  However, this does not place a moratorium on the development of garden land, particularly where it is sustainably located within a settlement boundary.

Our thought for the day - what about gardens in non ‘built-up’ areas - are these still previously developed land?

Well the first and perhaps most expected item is that they wish to, “rapidly abolish Regional Spatial Strategies and return decision-making powers on housing and planning to local councils”.   What this means for the South West in the long term is unclear - a return to Structure Plan targets, or local indicators for housing provision? However, one thing seems clear, planning decisions on major sites around Gloucestershire and the rest of the South West are likely to be on hold for some time to come.  For example, the Planning Inquiry for housing development at Brizen Farm to the south of Cheltenham has been postponed from this month to October 2010.

The Coalition also intends to give councils, “new powers to stop ‘garden grabbing’. ” This power will involve the creation of a new designation (similar to a Site of Special Scientific Interest (SSSI)) to protect green areas of, “particular importance to local communities.” Quite what will define a green area as important is unclear (or indeed whether this designation will apply to private as well as public land), but in our view the powers already exist to designate (or protect) locally important areas (e.g. public green space designations, and locally important nature reserves, and in Cheltenham’s case Local Plan Policy GE2).  Furthermore, the definition of ‘previously developed land’ within PPS3 already includes the proviso that, “There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed.”

The Coalition also intends to publish a simple and consolidated national planning framework covering all forms of development and setting out national economic, environmental and social priorities.  We wish them luck, as this is what the current system of new Planning Policy Statements were meant to achieve; but have become bogged down with endless further explanation in the additional ‘Guidance Notes’ which often don’t even form part of the public consultation.

Finally, in addition to seeking to abolish the Infrastructure Planning Commission (for very large scale development), in the longer term the Coalition intends to, “radically reform the planning system to give neighbourhoods far more ability to determine the shape of the places in which their inhabitants live, based on the principles set out in the Conservative Party publication Open Source Planning.” This could mean a greater role at the plan preparation stage, third party rights of appeal, or both.

So, will the Coalition Plans change things as dramatically as they are suggesting?  Only time will tell, so watch this space!<–>

We look forward to welcoming you to our new offices and hope to see you soon.

Please note that the address has changed from 38 Pilley Lane to 12 Royal Crescent, and more details can be found here.  Please use the new address on any future correspondance; but don’t worry if you have used the old address recently, as mail will be forwarded.  Email and telephone numbers remain unaffected.

This is a significant publication that will add further protection to the economic development of town centres.  A tougher ‘impact test’ is being introduced that replaces the previous ‘needs test’.  The Government hopes that this will now give Councils better control over larger developments that could put town centres at risk.  Development that could harm town centres will now be assessed against key factors including climate change, impact on the high street, consumer choice, consumer spending and jobs.

This guidance has the potential to affect a number of key development sites in Cheltenham, and should you need any site specific advice please contact us.

A copy of PPS4 can also be found here.

Happy Christmas!

More information can be found here.  SF Planning is currently advising clients on a case by case basis in relation to whether a response should be made for specific sites across all three Local Authority areas.

The consultation period is now running, and will expire on 19 February 2010.