planning news articles

THE JOURNAL OF THE ROYAL TOWN PLANNING INSTITUTE

17 July 2009 £2.60 www.PlanningResource.co.uk Issue 1827

Policies face further delayThe first national policy statements (NPSs) for major infrastructure will not emerge until the autumn, the government has admitted.

T h e e n e r g y p o l i c y h a d already been delayed from this summer, but this week’s announcement confirms that t h e o n e f o r p o r t s i s a l s o behind schedule. They will be issued in the autumn with those for nuclear power and road and rail and will be finalised next year.

The remaining four NPSs will take longer, with waste water due next spring, hazardous waste next summer, water supply in late 2010 and the airports NPS in 2011. The infrastructure planning commission ( IPC) wi l l start to formally accept applications f o r e n e r g y a n d t r a n s p o r t projects from 1 March.

The announcement comes after planners and business leaders s lammed government for being too slow on NPSs (Planning, 10 July, p2).

RTPI head of policy Matt Thomson said: “It is essent i a l t h a t t h e g o v e r n m e n t meets its timetable now that momentum has gathered. We must have a policy framework in place in good time to enable infrastructure companies to plan effectively and ensure that communit ies understand what is needed.”

The government also published details of how inquiries will work under the IPC and fees for applicants this week (see page 2).

Infrastructure: dates back

Upton made panel deputy RTPI secretarygeneral Robert Upton has been named as one of the inf rast ructure planning commission (IPC)’s two deputy chairs.

Upton, who has led the RTPI for the past 13 years, will take up the post in October. “I am sorry to be leaving the RTPI, but very pleased by my new appointment. I am a great believer in the need for the IPC,” he said.

Pauleen Lane, an elected member of Trafford Metropol i tan Borough Counci l , will be the second deputy. They will work under chairman Sir Michael Pitt , who said they were selected from a “very impress ive f ie ld” . The Commons communities and local government select committee will now scrutinise the appointments.

Before joining the RTPI , Upton was chief executive of Rushmoor Borough Council. Most of his previous career was as a planner in the Hong Kong Government. The RTPI will now begin the search for his successor.

Upton: thrilled at new role

A deal between councils and a nuclear energy firm to process plans for a new reactor at Hinkley Point in Somerset has led to fears that it bypasses the democratic process.

A planning performance agreement (PPA) will go to coun cillors to sign off shortly, before government consultation on a nuclear national policy statement (NPS).

Somerset County Council, Sedgemoor District Council and West Somerset District Council have worked with EDF Energy to draft the document. But the nuclear NPS is not due to be published until the autumn.

Sedgemoor corporate dire c t o r D o u g B a m s e y s a i d : “The work done on Hinkley Point is well in advance of other potential plants. We need to be able to respond to issues now. We are not going to wait for the NPS.”

West Somerset indicated that the government had suggested drafting a PPA. The Department of Energy and Climate Change confirmed that authorities are advised to consider such agreements for complex schemes, but maintained that it would not issue guidance to developers on how to go about individual applications.

By Mark Wilding

Nuclear deal sparks public input worries

However, an application at Hinkley Point would be dealt with by the infrastructure planning commission (IPC), casting doubt on the need for a PPA. Opponents also argued that the agreement could compromise the local authorities’ independence.

Campaign to Protect Rural England senior planning campaigner Paul Miner said: “We understand that the government has advised that PPAs can be used in such situations. The IPC procedure is based on local auth orities

representing local people. We are deeply concerned that the PPA creates a conflict of interest.”

The PPA could include an arrangement for EDF Energy t o m e e t c o s t s a s s o c i a t e d with processing the planning application. Sedgemoor came under scrutiny earlier this year after i t was revealed that it sought £750,000 from the company to investigate proposals for Hinkley Point (Plan ning, 6 February, p2).

Story continues page 2.

Hinkley Point: agreement follows governmental advice

IN THIS ISSUE

FLOOD RISK FLAGGED UP 2The Environment Agency is issuing all councils in England with warnings about areas under their control most vulnerable to flooding (right)

HOMES BACKED IN BELT 5Developers have won their appeal for 1,200 homes in the Nottinghamshire green belt

NO SPACES LEFT 14Conflicting demand for parking spaces from commuters, shoppers and local residents is putting councils in a quandary

JOB OF THE WEEK 28Coventry City Council seeks development manager — salary £53,231–£58, 837

REGULARSTransport news . . . . . . . . . . . . . . . 6Scottish news . . . . . . . . . . . . . . . . . 7Analysis . . . . . . . . . . . . . . . . . . . . . . 8Legal report . . . . . . . . . . . . . . . . . . 9Letters & Comment . . . . . . 10–11Interview . . . . . . . . . . . . . . . . . . . .13 Skill up . . . . . . . . . . . . . . . . . . . . . .16DC Casebook . . . . . . . . . . . . 17–21RTPI News . . . . . . . . . . . . . . . 22–24Planning jobs . . . . . . . . . . . . 28–31

By Mark Wilding

IN THIS ISSUE

HERITAGE RULES OUT 4Draft policy aims to ensure that developers consider the significance of historic buildings (right)

TRANSPORT REASSESSED 6Regions’ ten-year strategic projects face review to meet the DfT’s tighter emission and funding objectives

MARKET FORCES 14Markets can contribute to the town centre regeneration and employment agendas but are being hampered by a lack of clear policy direction

JOB OF THE WEEK 33Environment Agency seeks planning process adviser — salary £30,100


REGULARSTransport news . . . . . . . . . . . . . . . 6Scottish news . . . . . . . . . . . . . . . . . 7Analysis . . . . . . . . . . . . . . . . . . . . . . 8Legal report . . . . . . . . . . . . . . . . . . 9Letters & Comment . . . . . . 10–11Interview . . . . . . . . . . . . . . . . . . . .13Skill up . . . . . . . . . . . . . . . . . . . . . .18DC Casebook . . . . . . . . . . . . 19–23RTPI News . . . . . . . . . . . . . . . 24–26Planning jobs . . . . . . . . . . . . 30–35

31 July 2009 £2 .70 www .PlanningResource .co .uk Issue 1829

Group seeks carbon ideasPlanners have been invited to advise a panel seeking solut ions on how best to deliver low-carbon commu-nity infrastructure .

T h e U K G r e e n B u i l d i n g Council (UKGBC) and Zero Carbon Hub have created the sustainable distr ict infra-structure task group to dis-cuss integrated approaches to delivering utilities in an economical and envi ron -mentally friendly way .

Hub director David Adams said: “We want to overcome the barriers to community infrastructure and planners a r e c r i t i c a l l y i m p o r t a n t . ” The group’s first specialist workshop took place this week on water supply .

Topics for future events are likely to include waste and consumer perception . Task group members include C A B E , d e v e l o p e r s , i n f r a -structure providers and local authorities . The Town and C o u n t r y P l a n n i n g A s s o c -iation and the RTPI have also been invited to contribute .

Workshop f indings wi l l feed into the work of the core group, which meets every three weeks . The process is expected to last until Nov-ember when guidance will be published for stakeholders .

U K G B C h e a d o f p r o -gramme Sarah Jeffcote said: “We want to produce a road map of what needs to be done by when to meet carbon tar-gets . It is about getting the right people in the room to answer these questions .”

Adams: facilities delivery

Homes fund list selectedA 1,200-home urban exten-sion to Corby is one of 270 stalled schemes shortlisted for Homes and Communities Agency (HCA) funding .

Up to 22,400 homes could be put back on track through t h e K i c k s t a r t s c h e m e , o f which around 8,600 homes will be affordable .

HCA chief executive Sir Bob Kerslake said: “The res-ponse to our bidding pro cess shows the level of appetite and capacity for develop-ment in the house building sector . With help quality pro-jects can be unlocked, adding to supply very quickly .”

More than £900 million is being made available under the agency scheme . Some 219 organisations submitted bids for a total of 665 pro-jects . A second wave of fund-ing will be made available shortly, with bidding start-ing in September .

Despite high demand, Kers-lake stressed that Kickstart should not be seen as the only way to deliver homes during the recession . “There isn’t one single solution to k e e p i n g h o u s e b u i l d i n g going,” he said .

Announcing the shortlist, housing minister John Hea-ley insisted: “This is not a handout to developers . There are tough terms to this deal including repayment of loans within five years . Only buil-ders who accept a realistic c u r r e n t m a r k e t p r i c e f o r their land are eligible .”

Planners are divided over government plans to remove the retail needs test amid widespread concerns about the replacement process , consultation has shown .

The deadline for responses to PPS4 passed this week and the proposal to intro-duce a sequential approach and impact test for schemes has proved controversial . Appl icat ions wi l l have to show that town centre sites have been considered before less central ones . They will then be judged against a number of possible impacts .

A Commons communities and local government com-mittee report this week opp-oses the changes, claiming that they could make it eas-ier for out-of-town schemes and put centres at risk .

RTPI head of policy and practice Matt Thomson said: “We fully support the com-mittee’s conclusions that there is no case for removing the needs test from national planning policy .”

But others welcomed the g o v e r n m e n t ’ s m o v e . C B Richard Ellis senior director Ian Anderson said: “Retain-ing the need test is the worst of all worlds . It would make the planning process more complicated and expensive,

Retail test reaction reveals major split

creating further uncertainty for the retail sector .”

A l t h o u g h b r o a d l y s u p -ported among major retail-ers, it is suggested that the impact test could rule out schemes without taking pos-itive benefits into account . If an application is judged to have a significant impact in any area it will be refused .

Tesco director of commu-nit ies Kather ine Edwards said: “You need to look at impact as a whole . There must be f lexibil ity to take into account whether an area

has a big regeneration need .” Retail experts have already warned that the impact test will be open to legal chal-lenge (Planning, 10 July, p3) .

The British Property Fed-erat ion cal led for greater focus on the economy . Chief executive Liz Peace said: “It appears that the economic b e n e f i t s o f d e v e l o p m e n t have been lost .”

Need and Impact — Planning for Town Centres is available at PlanningResource .co .uk/doc

Town centres: retail applications to be judged on impact


7 August 2009 £2.70 www.PlanningResource.co.uk Issue 1830

Region faces big utility billMore than £32 billion of environmental infrastructure is needed to support communities and housing growth in the North West, the Environment Agency has claimed.

This sum will be required for flood defences, waste and sewage services and clean water delivery to 2029, an agency study suggests. Operating and maintaining environmental infrastructure for existing communities wil l cost more than £25 billion while £7 billion is needed for housing growth, it adds.

The agency plans to develop a national methodology for assessing environmental infrastructure needs and will conduct studies for London, Leeds and Manchester.

Agency head of sustainable communities Julie Foley said: “The message here is not to panic, because we believe that the costs are being handled by the region. We wil l be working to ensure that the next regional strategy contains mechanisms to provide new housing with necessary infrastructure.”

Northwest Regional Development Agency director of e n v i r o n m e n t a n d e n e r g y Mark Atherton added: “The Environment Agency’s recent work and the detailed work it proposes for the Manchester cityregion will be important in developing the regional strategy.”

The report is available at PlanningResource.co.uk/doc

Foley: faith in North West

Pitt demands engagementInfrastructure planning commission (IPC) chairman Sir Michael Pitt has warned developers that lack of public consultation could be the biggest barrier for applications.

In an interview with Planning, Pitt warns that develop e r s w i l l b e s t r i n g e n t l y tested. “We can refuse to accept an application from a d e v e l o p e r i f w e f e e l t h a t there has not been a proper consultation. They should engage with as wide a variety of organisat ions as possible,” he insisted.

L e s s t h a n t w o m o n t h s before the IPC officially assumes its responsibilities for major infrastructure applications, Pitt said he plans to tour the regions in an advisory capacity to explain how the organisation will work.

“In the months leading up to March 2010, when we officially start receiving applications, I will be meeting local bodies, consultees, potential objectors and developers to explain our role,” he said.

T h e o r g a n i s a t i o n h a s already received around 50 expressions of interest for projects. The majority look set to be highway and National Grid schemes.

The commission aims to cut the costs of delivering infrastructure by £300 million a year and reduce the t ime taken for a decis ion from 100 to 35 weeks.

See Interview, page 13.

Draft community infrastructure levy (CIL) regulations aim to force councils into adopting the scheme, planning lawyers have warned.

T h e P l a n n i n g A c t 2 0 0 8 paved the way for introducing the levy but made clear that it would be optional for local authorities. Some have already introduced their own tariff schemes based on section 106 agreements.

But draft regulations issued last week propose restricting the use of section 106 after two years, which experts interpret as an attempt to remove levy alternatives.

DLA Piper partner Howard Bassford said: “Phasing out section 106 tariffs contradicts the notion that the CIL will be optional. If you remove the ability to use other structures it is the only game in town. The government’s intention is clearly to force authorities to use CIL.”

L o v e l l s p a r t n e r C l a i r e Dutch agreed: “The government is trying to force counci ls to adopt the CIL . I t is worried about low takeup and has been heavyhanded in trying to stop tariffs.”

C o u n c i l s m u s t h a v e a n adopted core strategy before a CIL can be implemented. A charging schedule must also

By Mark Wilding

Lawyers warn rules could compel levies

be consulted on before being independently examined. “The move to CIL is a long one. The transitional period seems short,” Dutch added.

T h e P l a n n i n g O f f i c e r s Society also raised concerns that limiting the use of section 106 may complicate the process of securing funding for infrastructure, such as road improvements.

V i c e p r e s i d e n t G r a h a m Jones said: “We are concerned about how far the review will go. It will take quite a while to move from tariffs to

CIL and there will be developments missing out.”

A D C L G s p o k e s w o m a n insisted that the government is not considering making CIL compulsory and is inviting views on whether a twoyear transition is sufficient.

She added: “While CIL will make a significant contribution to infrastructure provision, core public funding will continue to bear the main burden and councils can use CIL alongside other funding s t r e a m s t o d e l i v e r i n f r a structure locally.”

Road works: sector fears infrastructure funding issues

IN THIS ISSUE

TRAM SETS PRECEDENT 6Extension of Nottingham’s tram network (right) can go ahead after the government cleared the way for the UK’s first workplace parking levy

DOUBT CAST ON REFORM 7Experts have aired fears over the impartiality of Scotland’s revised appeal system

THE MIXED PICTURE 14Council planners are renegotiating deals with developers so progress made on mixed community schemes is not lost

JOB OF THE WEEK 30BAA seeks head of surface access strategy — salary around £100,000


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14 August 2009 £2.70 www.PlanningResource.co.uk Issue 1831

Lower homes levy mootedPlanning minister John Healey has revealed that the government is exploring a muchreduced community infrastructure levy (CIL) rate for affordable housing.

In an exclusive feature for Planning, the minister insists that “CIL is the right longterm instrument for providing new infrastructure to support desperately needed new homes”.

H e a l e y p o i n t s o u t t h a t most nonresidential development constituting a building or an extension of more than 100m2 floor space will be liable for the levy as will new dwellings, but not householder development. There will also be charitable relief.

An independent examiner will have the power to make binding recommendations on an authority to ensure that CIL is not set at a level that would put development of an area at risk.

“ It won’t be a matter of arbitrarily setting unrealistic charges for developers. Local businesses, other organisations and the whole community wi l l be consulted on charging schedules. Councils will not be able to set rates that choke off development,” Healey writes.

The minister also pledges to ensure that there will be no reduction in the level of affordable housing contributions secured from developers as a result of CIL.

See feature, page 17.

Healey: securing facilities

CABE pushes house spaceLocal authorities should use thei r p lanning powers to i m p o s e m i n i m u m s p a c e standards for private homes, CABE has argued.

In a report released this week, it finds that the average room size in a new home is 15.8m2. Of homeowners surveyed, 43 per cent had insufficient space for cooking, 69 per cent for storage and 58 per for furniture.

CABE chief executive Richard Simmons said: “Councils must ensure higher space standards before approving developments .” They can use planning powers to set standards by adopting those used in socia l hous ing or devising their own, he said.

An RTPI spokesman said: “Setting space standards is something it is worth councils doing. But there would be difficulties if each had different standards, so we would prefer a national one.”

Builders argued that bigger rooms would mean larger but fewer homes on each plot and higher prices. “Too little land is coming through the planning system, so prices are high,” a Home Builders Federation spokesman said.

“The government is paying for social housing so it can impose space standards for that, but we would have to pass on the extra costs.”

Space in New Homes is available at PlanningResource.co.uk/doc

Planners have welcomed government proposals to regul a t e h o u s e s i n m u l t i p l e occupation (HMOs), despite widespread opposition from the property industry.

Consultation closed last week on legislation to deal with problems caused by h i g h d e n s i t i e s o f H M O s . Such properties are typically occupied by students.

The British Property Federation described the proposals as a “nimbies charter”. Chief executive Liz Peace said: “You cannot use the planning system to tackle antisocial behaviour. Taking a b r o a d b r u s h a p p r o a c h makes no sense.”

But planners have claimed that HMOs pose a ser ious problem for local authorities and that legislation is necessary. Government proposals include nonlegislative action or revising the Use Classes Order to lower to three the number of residents living together as a household, excluding families.

A third option would be to d e s i g n a t e H M O s a s p e r m i t t e d d e v e l o p m e n t a n d allowing councils to impose restr ict ions (Planning, 22 May, p5).

The RTPI and the Planning Officers Society (POS) both

By Mark Wilding

Multiple occupancy rules prove divisive

submitted responses favouring regulation. They broadly agreed that changes to the Use Classes Order would be the most effective response.

RTPI head of policy and p l a n n i n g M a t t T h o m s o n said: “Local authorities do not currently have any means of managing HMOs. Such properties cause problems and councils need tools to deal with them.”

P O S s p o k e s m a n P e t e r Rose added: “HMOs present a serious problem for local authorities. The government

is now offering us the opportunity to help deal with them and this is something that we support.”

O p p o s i t i o n t o t h e p r oposed regulations is widespread, however, with the National Union of Students and landlords’ groups also raising concerns.

National Landlords Association director of operations Richard Price insisted: “The c u r r e n t p r o p o s a l s w o u l d encourage local authorities to use a sledgehammer to crack a walnut.”

Student housing: residents and landlords raise concerns

IN THIS ISSUE

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POOLE LEVERS POWERS 4Poole wants to use the Sustainable Communities Act to oblige planning inspectors to have knowledge of areas where appeals are fought

ROOF RULE EYED UP 5Manchester is considering a citywide regulation to promote green roofs (right)

GAS PRESSURE 14A dearth of planning policy means that the potential to use methane from former coalfields to generate power is not being fully exploited

JOB OF THE WEEK 31Osborne Richardson seeks senior/associate retail planner — competitive salary

REGULARSTransport news . . . . . . . . . . . . . . . 6Scottish news . . . . . . . . . . . . . . . . . 7Analysis . . . . . . . . . . . . . . . . . . . . . . 8Legal report . . . . . . . . . . . . . . . . . . 9Letters . . . . . . . . . . . . . . . . . . . . . . .10Comment . . . . . . . . . . . . . . . . . . . .11Interview . . . . . . . . . . . . . . . . . . . .13DC Casebook . . . . . . . . . . . . 19–23RTPI News . . . . . . . . . . . . . . . 24–26Planning jobs . . . . . . . . . . . . 30–31

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4 September 2009 £2.70 www.PlanningResource.co.uk Issue 1834

Regional axe fears voicedThe Conservatives were warned this week that their plan to scrap regional spatial strategies will worsen the housing supply crisis.

The Home Builders Federation (HBF) was responding to a leaked letter from shadow communities secretary Caroline Spelman advising Toryrun councils to delay developments until the party gets into power.

Her letter urges councils not to rush ahead with imp lementing controversial parts of regional spatial strategies (RSSs) because she expects legislation to abolish regional planning within the first year of a Tory administration.

Even before this, the party would seek to “revoke RSSs i n w h o l e o r p a r t ” a n d l e t councils “put the brakes on parts they find undesirable” such as green belt reviews.

An HBF spokesman said the letter would lead to a hiatus in planning for housing that could only exacerbate the current supply crisis.

“There is no recognition of the desperate need for homes across the UK or of councils ’ responsibil ity to make provis ion for these. They are instead being told to put such considerat ions aside if they want,” he said.

R T P I p o l i c y h e a d M a t t T h o m s o n s a i d h e w i l l b e stressing to the Tories the need to avoid the unintended consequence of developers rushing proposals through before the system changes.

Spelman: stalling projects

CABE evades Shapps chopCABE is likely to escape Conservative Party plans to slash quangos if it assumes power, shadow housing minister Grant Shapps has revealed.

Shapps referred to the importance of the built environment and paid t r ibute to C A B E ’ s w o r k i n t h e a r e a . “There has been a general recognition that design plays a major part in determining quality of life,” he said.

“ O r g a n i s a t i o n s s u c h a s CABE, RIBA and others have often been at the cutt ing edge. They have done a fantastic job of persuading people that quality design really matters,” he added.

When asked directly about t h e c o m m i s s i o n ’ s f u t u r e , Shapps responded by playing d o w n t h e C o n s e r v a t i v e s ’ plans to abolish quangos and referred to both good and bad examples of such organisations. CABE could be seen as one of the better quangos, he insisted.

A C A B E s p o k e s w o m a n maintained that its work will continue to be necessary. “The built environment is the platform on which most of the policy objectives of any administration are delivered,” she said.

“ T h e n e e d f o r a n i n d e pendent adviser is not going to go away. Eightyone per cent of people that come to a design review find it useful and 70 per cent revise their schemes in accordance with CABE’s advice.”

New affordable homes could benefit from as much as 125 per cent in matched council tax contributions under a Conservative government, the party has signalled.

Shadow housing minister Grant Shapps outlined plans to reward councils for house building in a speech to RIBA this week.

His announcement follows pledges to scrap the housing and planning del ivery grant in favour of a scheme that matches council tax raised for each new home built over six years (Planning, 20 February, p1).

Shapps reiterated his party’s intention to scrap regional planning structures and restore power to local communities. Regional hous ing del ivery and density targets would also be abolished, he added.

“Targets help nobody. The true measure is whether you b u i l d m o r e h o m e s . I f w e trust and enc ourage local people we will get a lot further a lot faster than under this Stalinist system,” he insisted.

National Housing Federation policy leader Cameron Watt questioned the suitabil i ty of this approach. “We welcome the principle of encouraging councils to build

By Mark Wilding

Tories wave cash at affordable housing

new homes,” he said. “But w e h a v e c o n c e r n s a b o u t whether the incent ive of additional council tax would be enough to ensure that the delivery of affordable housing continues.”

Watt added that affordable housing usually falls into the lowest council tax brac ket, s u g g e s t i n g t h a t c o u n c i l s might encourage construction of larger houses to maximise income.

CB Richard El l is planner N i c k C u f f s a i d t h e T o r i e s need to use some sticks as

well as carrots on councils to bring forward development. Shapps sa id i f incent ives prove insufficient then they will be increased.

The proposals formed part of a wider announcement about the need for increasing community involvement in regeneration. Enquiry by design is also proposed to help residents take ownership of neighbourhoods. Green papers outlining Tory policies on planning and reg eneration in more detail are expected later this year.

Affordable homes: pledge to match council tax revenue

IN THIS ISSUE

ECO-VILLAGE BACKED 4The Lammas ecovillage in Pembrokeshire (right) got the goahead on appeal after a longrunning planning battle

DEMAND CLAIM RAPPED 5Tesco has been reprimanded over a leaflet that played up demand for a proposed outlet in Essex

WASTE TIMING 15Conflicting advice and the need to sort a range of policy documents at the same time are making it difficult to finalise waste core strategies

JOB OF THE WEEK 30Knowsley Council seeks group manager, development — salary £41,250–£56,100


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Commission appoints trioA former chief planner and two senior RTPI members have been chosen to serve on the infrastructure planning commission (IPC).

T h e g o v e r n m e n t h a s named Paul Hudson, Glyn Roberts and Jan Bessell as the first of 35 commissioners to be recruited to the IPC, which launches next month.

Hudson is currently director for the Thames Gateway at the Homes and Communities Agency on secondment f rom the DCLG, where he was director of delivery and previously chief planner.

Roberts is director of technical services for the North Staffordshire Regeneration Partnership and Bessel l is head of town and country planning at law firm Dickins o n D e e s . B o t h a r e R T P I general assembly members.

The commissioners wi l l either act singly or sit on panels to make decisions about major infrastructure projects. They will be required to work for three to five days a week for a pro rata salary of £100,000.

IPC chairman Sir Michael Pitt said the appointees bring “a wealth of planning and development expertise, ensuring that we are equipped to deliver to the highest standards from day one”.

RTPI head of policy and practice Matt Thomson said: “It is fantastic to see senior chartered planners being appointed to these important positions.”

Hudson: expertise praised

Pilot to offer green adviceThe government has launched a pilot project to test the use of planning performance agreements (PPAs) for renewables and lowcarbon schemes in England.

The launch follows a UK renewable energy strategy pledge for the wider use of PPAs for green energy. Up to 12 projects could be chosen to receive expert advice on drafting agreements.

The DCLG is hoping that a mix of projects will be put forward featuring technologies such as air and ground source heat pumps, biomass, combined heat and power, wind, wave and tidal.

To be considered, schemes must generate no more than 50MW. They can be single or mixeduse schemes that take a lowcarbon approach, including housing schemes. C o u n c i l s a n d d e v e l o p e r s have until 30 September to submit proposals.

T h e A d v i s o r y T e a m f o r Large Applications will run the project for the DCLG. The team’s lowcarbon project manager Robert Dobson O s w a l d s a i d : “ P P A s h a v e been generally used for large, complex mixeduse developments, but we want to test whether they would be useful in a different context.”

T h e p i l o t w i l l c o n t i n u e until 31 March 2011. The findings will be used to update guidance, Oswald added.

See RTPI News, page 24.

Councils face major funding deficits because the community infrastructure levy (CIL) cannot balance scheme viability and infrastructure need, sector experts have warned.

A forthcoming study commissioned by Hertfordshire County Council and seen by Planning predicts that there will be a £260 million infrastructure deficit in the county if CIL is introduced.

Council project manager Rob Shipway said: “Setting the levy at a viable level produces a significant funding gap. There is some doubt in our minds that infrastructure needs can be met.”

The concerns were echoed at a Bircham Dyson Bell CIL seminar this week, where delegates were told that developers cannot support charges in the economic downturn.

South East England Partnership Board director Mart i n T u g w e l l a d v i s e d t h a t councils should be realistic about demands and take a longterm view. “Pressure on private sector contributions is going to be greatly increased. We will have to u n d e r s t a n d m u c h b e t t e r what we mean by infrastructure planning,” he argued.

Colin Buchanan director Hugh Roberts has carried out

By Mark Wilding

Experts raise alarm over levy funds gap

infrastructure assessments for several local authorities and spoke to Planning after the seminar. “We are dealing with a huge shortfall in existing infrastructure provision before we start to deal with envisaged growth,” he said.

“The t iming is unfortunate. If you could apply CIL now it would not come close to meeting requirements,” he added. But he warned that the levy will take at least two y e a r s t o i n t r o d u c e , a f t e r which time the market may be different.

Sarah Wood, a member of the CIL team at the DCLG, said the levy wi l l need to reflect market conditions. “We are encouraging councils to keep charges under review to cope with changes in infrastructure need and the economy,” she insisted.

But Shipway queried the practicality of regularly reviewing charges, which need independent examination. “It is going to be enormously difficult. Our work has taken more than a year. It is not an easy process,” he said.

Hertfordshire: county fears infrastructure cash deficit

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TYNE DESIGNS OUTLINED 4A longterm framework for the renewal of the River Tyne’s north bank (right) will encourage development of the renewable energy sector

DENHAM BACKS DEPOT 5The communities secretary has overturned the refusal of a controversial warehouse

NEGOTIATION SKILLS 14Councillors must manoeuvre carefully if they want to voice support or opposition to schemes and still have a say on planning applications

JOB OF THE WEEK 30Sandwell Metropolitan Borough Council seeks head of highways and environment




Tory queries agency valueThe Homes and Communities Agency (HCA) would be axed by a Tory government unless it improves on delivery, shadow housing minister Grant Shapps has declared.

In an interview with Planning , Shapps quest ioned public sector involvement in house building and argued that deregulation would pave the way for house builders to meet demand.

“I do not see much indication that we have had more homes built, despite being told that the way to get them b u i l t i s t o c r e a t e a h u g e quango with a massive budget. If we win the election, we will look at what the delivery of all quangos has been and at the HCA in particular,” he explained.

Despite criticising its performance, however, Shapps insisted that he is openminded and that the agency still has time to prove itself . “I am open to persuasion by performance,” he suggests. “If we are seeing a renaissance of house building then it speaks for itself. You keep a winning organisation.”

HCA chief executive Sir B o b K e r s l a k e r e s p o n d e d : “We are happy to be accountable for what we deliver both nationally and locally and be judged on that performance. We delivered on the housing targets that we were given l a s t y e a r a n d a r e m a k i n g good progress this year.”

See Interview, page 13.

Shapps: wants convincing

Dole rise put into context The RTPI has insisted that planners are “weathering the e c o n o m i c s t o r m ” , e v e n though the number on jobseeker’s allowance (JSA) has shot up in the past year.

According to latest Office of National Statistics figures, 2 9 0 t o w n p l a n n e r s w e r e claiming benefits in August compared with 235 in May and 105 in August 2008. This is a 176 per cent rise in planners claiming JSA.

The picture for architects is even gloomier, with a 471 per cent rise in benefit claimants. The f igures indicate that 2,055 architects were claiming JSA last month compared with 1,765 in May and 360 in August 2008.

For chartered surveyors the situation has improved slightly, with 1,325 claiming benefit compared with 1,350 i n M a y . B u t t h i s i s s t i l l a huge increase on the 460 claimants in August 2008.

RTPI policy director Rynd Smith said the rise in planners claiming JSA is a result of the significant downturn in development activity.

But he pointed out: “While this is an apparently large percentage figure, the 290 planners currently unempl o y e d s t i l l r e p r e s e n t l e s s than 1.3 per cent of the current RTPI membership.

“While these figures relate to individual cases of severe hardship, planning seems to be weathering the economic storm reasonably well.”

The DCLG has failed to prepare local authorities for changes to the planning system being introduced next week, councils have told Planning.

Applications for nonmaterial amendments and extensions to existing permissions can be made from 1 Octo ber. But councils have not received application forms and fees have not been decided.

T h e c h a n g e s w e r e l a i d before parliament on 8 September. Planners have complained about the lack of time available to prepare for their introduction.

Planning Officers Society president David Hackforth said: “We support the changes in principle. But it would have been preferable to have more not ice and t ime for councils to prepare.”

St roud Dist r ic t Counci l head of planning Philip Skill said changes to his authority’s delegation system will be necessary to let officers deal with the applications.

“There has not been sufficient time for local authorities to put everything in place. How can it help to give less than three weeks’ notice? I am going to look like a muppet. Again,” he lamented.

DCLG chief planner Steve Quartermain wi l l write to

By Mark Wilding

Councils slam DCLG over reform timing

c o u n c i l s t h i s w e e k w i t h details of when further guidance will be available.

A D C L G s p o k e s w o m a n said: “During the downturn, our first concern has been to accelerate recovery. Councils’ power to extend time l imits for existing permissions will help ensure that more schemes get built when access to funding is hard.

“Further guidance will be issued to help local authorities and we are carrying out a short informal cons ultation on the proposed fees.”

It emerged last week that the department is now considering several tiers of charges for extending existing permissions rather than a flat fee (Planning, 18 September, p1).

Leeds City Council head of planning Phil Crabtree explained that it has already held talks with major developers a n d t h a t l a r g e r p l a n n i n g authorities should be prepared. “The better equipped councils should be able to deal with the changes fairly painlessly,” he said.

Planner: sector anticipates reforms will cause upheaval

IN THIS ISSUE

CITY VOICES SHOPS HOPE 5Preston is confident that the controversial Tithebarn retail scheme will still go ahead despite being called in

AIRPORT LINK CASH CUT 6Glasgow has responded angrily to Scottish ministers’ decision to axe funding for its airport rail link (right)

CENTRIFUGAL FORCES 14The Homes and Communities Agency’s review of housing market renewal is prompting a look at deprivation, design and the suburban economy

JOB OF THE WEEK 30Hinckley & Bosworth Borough Council seek head of planning — salary £49,960


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By Mark Wilding

IN THIS ISSUE

SCOTS SPEED APPEALS 4Faster written submission decisions are among process improvements outlined in Scottish directorate review

READING REVISION WINS 5Plans for the town centre Station Hill redevelopment (right) beat their critics to secure council approval

BUSWAYS IN BUSINESS 14Cambridgeshire is leading the way with its guided busway as a fresh approach to cutting traffic congestion as development pressure grows

JOB OF THE WEEK 31London Borough of Brent seeks deputy enforcement manager, salary to £45,144



2 October 2009 £2 .70 www .PlanningResource .co .uk Issue 1838

Pitt to resist interferenceInfrastructure Planning Commission (IPC) chairman Sir Michael Pitt has vowed to stand firm against any political inf luence on the new body’s decisions .

S p e a k i n g a h e a d o f t h e commission’s formal launch yesterday, Pitt pledged to m a i n t a i n t h e I P C ’ s i n d e pendence . Only important i ssues involv ing nat ional security wil l be treated as confidential, he insisted . “I can see no reason why the secretary of state should get details of a decision before anyone else,” he added .

“We wi l l be completely o p e n a n d t r a n s p a r e n t . I would make it public if I felt I was being leant on by a minister or a civil servant,” h e t o l d a p r e s s b r i e f i n g . “Commissioners cannot be sacked because they make an unpopular decision .”

The IPC expects to handle around 50 applications for major schemes in its first 12 months, the bulk of them motorway and trunk road upgrades, power stat ions and upgrades to the national grid . Pitt revealed that it will expand and reduce staffing levels in line with demand .

“There are no limits to the number of applications and the IPC has to be e last ic , both in its secretariat and in the number of commissioners . We wil l recruit either p e r m a n e n t o r t e m p o r a r y staff if the workload grows a n d l a y p e o p l e o f f i f i t shrinks,” he said .

Pitt: transparency pledged

Government advice that considerable weight should be given to its draft changes to the South West regional plan is open to High Court challenge, according to experts .

I t comes after the Government Office for the South West (GOSW) announced a further delay to the regional spatial strategy (RSS) to do more work on sustainability appraisals as a result of successful court action against the East of England Plan .

GOSW has advised planning authorities that until the plan is finalised, significant weight should be given to the secretary of state’s proposed changes .

Francis Tay lor Bui ld ing barrister Gregory Jones resp o n d e d : “ A n y d e c i s i o n maker giving such weight to the proposed changes is open

Draft plan faces legal test

t o H i g h C o u r t c h a l l e n g e . What the government office is proposing would drive a coach and horses through the strategic environmental assessment directive .”

Challenges could be made to decisions which rely on the draft RSS but also the

advice g iven to counci ls , Jones added . Several decisions made on appeal by the secretary of state have cited giving significant weight to the proposed changes .

Burges Salmon planning partner Gary Soloman agreed that councils following the

South West: housing decisions in doubt after court fears

The government has decided not to defend policies for thousands of new homes on green belt in Oxfordshire and Surrey in the South East Plan after legal action .

The DCLG confirmed that it will not contest the challenges over the fai lure to c a r r y o u t a s s e s s m e n t s o f reasonable alter natives to

the green belt reviews for the south of Oxford and northeast of Guildford .

Campaign to Protect Rural England Oxfordshire, South Oxfordshire District Council a n d G u i l d f o r d B o r o u g h Counci l were among f ive parties that had lodged challenges over failure to comply with strategic environmental assessment rules (Planning, 19 June, p2) .

The government’s concession means that it will avoid incurring further court costs . But i t i s l ike ly to have to reconsider these parts of the p lan , f ina l i sed in May, to ensure that housing numbers are maintained .

It a lso backs up predictions that a landmark ruling on the East of England Plan earlier this year, where the government unsuccessfully

By Susanna Gillman

DCLG concedes green belt homes defeat

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advice may be open to court action . “It is premature for the secretary of state to be issuing such advice when he is not yet satisfied that the proposals are the most sustainable for the region .”

It is not clear whether any authorities will seek to challenge the advice . Ply mouth City Council wrote to GOSW after an earlier delay to the RSS, raising concerns about referring to the document in planning decisions . South Gloucestershire Coun cil has also opposed the advice, stating that the process used to prepare the RSS is flawed .

But Barton Willmore partn e r S i m o n P r e s c o t t s a i d : “The RSS may not be issued before the general election and the Tories have pledged to abolish regional planning policy . My concern is that councils will use this delay to avoid making decisions .”

defended its policies, would have major implications for other regional plans .

A D C L G s p o k e s w o m a n responded: “The legal challenge to a small portion of the plan will now be considered by the legal system and therefore it would be inappropriate to comment further on the issue .”

Story continues on page 2 .


9 October 2009 £2.70 www.PlanningResource.co.uk Issue 1839

Grant delays fuel cut fear

Councils are still waiting for confirmation of payments in this year’s housing and planning delivery grant, prompting concerns over whether there will be further cuts.

Provisional allocations are usually issued by the government in the summer, with final amounts paid in October. But des pite sources close to the DCLG promising t h a t t h e a n n o u n c e m e n t s were imminent in August, nothing has emerged.

Concerns about the future of the grant and how it works have been heightened since the government cut the pot by £75 million, diverting the cash to council housing tenants (Planning, 3 July, p1).

Planning Officers Society president David Hackforth is seeking a meeting with senior DCLG officials. “There is s u s p i c i o n t h a t t h e g r a n t could be cut as the government is looking at making savings,” he said.

“We are concerned that councils have made assumptions in their budget about gett ing a certa in level of grant. It is an extremely serious situation, compounded by the fact that income from applications is well down.”

A D C L G s p o k e s w o m a n said ministers are still cons i d e r i n g t h e a l l o c a t i o n s . “The consultation has closed and we are studying the responses before issuing provis ional grants for the next year, which will be confirmed in the near future.”

Hackforth: budget concern

Bodies close tower battleEnglish Heritage and Westminster City Council have called it a day in their legal battle to halt plans for the Doon Street tower on London’s South Bank.

Last month, a High Court judge upheld the government’s decision to grant permiss ion for the 43storey residential tower and public swimming pool (Planning, 25 September, p4).

But he gave English Heritage and Westminster leave to appeal. They had argued that the tower would cause irreparable damage to the setting of some of the capit a l ’ s h e r i t a g e l a n d m a r k s including Somerset House and St James’s Park.

However, in a statement this week, the bodies said: “Des pite the leave to appeal, we have decided not to pursue the issue further. Reaching this decision has been difficult and we continue to believe that the dev elopment will permanently harm, not enhance, London’s precious historic environment.”

The Coin Street Com muni t y B u i l d e r s s c h e m e w a s backed by former communities secretary Hazel Blears des pite having no affordable homes provision and a recommendation of refusal from inspector Philip Wilson.

The controversial development had also won supp o r t f r o m t h e L o n d o n Borough of Lambeth and local MP Kate Hoey.

The Conservatives are cons i d e r i n g r e v i v i n g c o u n t y structure plans in place of regional spatial strategies (RSSs), Planning has learnt.

The move emerged at the party’s annual conference this week amid promises of radical planning proposals to be published in a green paper by the end of the year.

The party has already pledged to scrap RSSs immediately i f i t gets into power a f t e r n e x t y e a r ’ s g e n e r a l election. But shadow communities minister Ste wart Jackson revealed that policy bet ween local and national levels will be introduced.

“The planning paper will be pretty radical. RSSs will be gone within a week. What replaces them might take a bit longer,” he told a regeneration seminar:

Pressed further, Tory communities spokesman John Howell told Planning that county structure plans could be the solut ion. “There is concern from industry that there should be policy above the district level,” he said. “That could be at a county level. There are attractions to this because it will be democratically accountable.”

But planners expressed c o n c e r n t h a t a l t e r n a t i v e

By Mark Wilding

Tories moot return to county strategy

strategic policies will not be in place before regional plans a r e a b o l i s h e d . T o w n a n d C o u n t r y P l a n n i n g A s s o c iation chief executive Gideon Amos said: “There is a huge risk of planning delay if RSSs are abolished in adv ance of anything to replace them.”

CB Richard El l is planner Nick Cuff added: “There will be a policy gap. The local development framework (LDF) process shows it can take years for these things to happen. I would not be surprised if there was a Uturn.”

Meanwhile, shadow planning minister Bob Neill suggested that LDFs would be revised under a Tory government: “We will get councils to assess what is needed in their communities.”

His comment follows a letter to Conservative councils from shadow communities secretary Caroline Spelman saying authorities would be able to undo unwanted policies imposed by RSSs.

For more on latest Tory thinking, see page 2.

Party conference: green paper on planning proposals due

IN THIS ISSUE

POLICY FEARS INCREASE 4Planners say delays to PPS4 caused by debate over the competition test is adding to retailers’ uncertainty

GOLF ORDERS UNDER FIRE 5Donald Trump needs strongjustification for purchasepowers to expand golf resortland holding, lawyers warn

HOMING IN ON DELIVERY 14Revised financial modelsare being tested as part of joint venture projects (left) designed to ensure that home building stays on track

JOB OF THE WEEK 30North York Moors National Park Authority seeks director of planning — up to £43,464


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16 October 2009 £2.70 www.PlanningResource.co.uk Issue 1840

Commission chief pickedThe chief executive of the I n f r a s t r u c t u r e P l a n n i n g Commission (IPC) has been announced, with John Saunders set to take up the role early next year.

Saunders will work alongs i d e I P C c h a i r m a n S i r Michael Pitt, commissioners a n d d e p u t y c h a i r s . A s i t s accounting officer he will be responsible to parliament for ensuring that the organisation makes effective use of public funds.

After a 20year career in corporate banking, Saunders moved to the public sector. Most recently he has held chief executive roles during the start up phase at the Security Industry Authority and at the Chartered Institute of Public Finance and Accountancy. He was awar ded an OBE in 1998 for services to British businesses.

K e v i n W i l l i a m s o n , w h o has been working with Pitt since April to set up the IPC, will continue as interim chief e x e c u t i v e u n t i l S a u n d e r s takes over.

Pitt said: “Saunders brings strong leadership and business acumen. His appointment ensures that we are equipped to deliver to the highest standards.”

The first national policy s t a t e m e n t s o n n u c l e a r power, renewable energy, electricity networks, fossil fuel generation, oil and gas infrastructure and ports and national networks are expected this autumn.

Saunders: set for lead role

Climate body trails travelThe committee overseeing the UK’s legal requirement t o c u t c a r b o n e m i s s i o n s wants a strategy to ensure that planning reflects implications for transport.

The Committee on Climate Change (CCC), established under the Climate Change Act 2008 to advise the government on emissions targ e t s , w a n t s p r o p o s a l s t o include urban regeneration, road infrastructure and electric car provision.

This ref lects i ts wish to see urban regeneration rather than migration of population away from cities, mixeduse development instead of town shopping centres and investment in public transport.

R T P I a c t i n g d i r e c t o r o f policy and partnerships Matt T h o m s o n s a i d : “ T h e C C C has made some strong recommendations about the necessary step change in policy and action. The time has come for the government to embed these issues into national planning policy. The RTPI also supports calls to integrate climate change into highlevel policy in PPS1.”

Friends of the Earth executive director Andy Atkins said: “Upcoming strategies on fossil fuels, aviation and energy wil l show whether the government has heeded the committee. The nat ional policy statements must set out their carbon impacts and how they will deliver on the UK carbon budget.”

Planning permissions that r e l y o n a d d i t i o n a l w o r k funded by the community infrastructure levy (CIL) will be open to High Court challenge, experts have warned.

L o c a l a u t h o r i t i e s m u s t judge whether schemes are l ike ly to have s igni f icant environmental effects under EU environmental impact a s s e s s m e n t ( E I A ) r e g u l a tions. Additional infrastructure is often considered as a mitigating factor.

Section 106 agreements have commonly been used to ensure that infrastructure is provided. Grampian condit ions preventing a start o n s i t e u n t i l s u p p o r t i n g infrastructure work is completed have also been used.

But CIL will result in councils providing infrastructure rather than developers. Mills & Reeve partner David Brock warned that this could create opportunities to challenge permissions. He said: “If you use CIL to provide mitigati n g i n f r a s t r u c t u r e , i s t h e local authority going to build it on time?”

Francis Tay lor Bui ld ing barrister Gregory Jones said: “If infrastructure mitigates the environmental impact of a development, it is strongly arguable that there must be a

By Mark Wilding

Levy work delivery fuels consent fear

legally binding agreement for this to be provided.”

PPS12 requires authorities to produce t imescales for infrastructure delivery. But DLA Piper part ner Howard Bassford argued that this will not satisfy EIA rules. He referred to a 1999 High Court ruling in Rochdale which ties c o n s e n t s t o i n f o r m a t i o n provided in environmental assessments. This can only be achieved by conditions or section 106 agreements.

Crit ics have questioned w h e t h e r c o u n c i l s c a n b e

relied on to provide infrastructure on schedule. The alternative scenario of develo p e r s p a y i n g f o r w o r k through section 106 has led to fears of double charging.

“We need a system where a d e v e l o p e r c a n p r o v i d e infrastructure and get a discount on CIL , ” Eversheds partner Judith Damerell suggested. The British Property Fed eration has also pressed the DCLG for such allowances. “It makes sense to allow developers to provide works in kind,” a spokesman said.

Infrastructure: environmental impact tied to consents

IN THIS ISSUE

COAST POLICY DISPUTED 4A resident’s challenge to the legality of allowing coastal erosion raises questions over status of assessments

TOWER SITE WARNING 5South Bank scheme refusal (right) shows that location is the key factor for success, consultants have warned

URBAN OVERLOAD 14Continued migration into cities around the world underlines the challenge for spatial planning models

JOB OF THE WEEK 29Huntingdonshire District Council seeks planning services policy manager — package up to £50,000


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Amos to join commissionTown and Country Planning A s s o c i a t i o n ( T C P A ) c h i e f executive Gideon Amos is to become a commissioner at the Infrastructure Planning Commission (IPC).

Amos will be leaving the TCPA after nearly a decade with the organisation. “Our vital campaigning on the nation’s housing, environmental and climate challenges has inspired its many members, volunteers and staff over the years. It has been a privilege to work alongside them,” he said.

“I am delighted to be moving to a new and challenging role — the more so since I know that the association’s team led by Sir Peter Hall , Lee Shostak and senior staff offers a formidable force to take us towards the goal of decent homes, stronger communities and a sustainable future through planning.”

TCPA chairman Shostak responded: “While we are saddened to be losing Amos, it is excellent news for the nation to have gained such an exceptional individual. The association’s strength today is , in no small part , due to his efforts and leadership of the team he has built in furthering its objectives.”

P lanning minister John H e a l e y s a i d : “ I n m y v i e w there are few people who have been better friends to planning. The TCPA’s loss is the IPC and the country’s gain.” Amos will be one of the IPC’s 35 commissioners.

Amos: welcome challenge

Projects win energy dealsThe first planning performance agreements for renewable energy and lowcarbon s c h e m e s h a v e b e e n c o n firmed by planning minister John Healey.

E x p r e s s i o n s o f i n t e r e s t were invited in September by DCLG chief planner Steve Quartermain (Planning, 11 September, p24). The proj e c t s i n c l u d e t w o 2 . 5 M W wind turbines in Doncaster and a 48 MW biomass plant in Stock tononTees.

Other agreements cover a 20MW wind farm with combined heat and power for an industrial estate in Stocktono n T e e s a n d g e o t h e r m a l energy at the Eden Project in Cornwall . Construction of 290 homes in Hambleton, to be powered by biomass, photovoltaic and solar sources, and a demonstration zero carbon family home in Bolton make up the list.

Healey also announced the latest housing and planning delivery grant awards, under which 375 councils will share £135 million. The planning element is frozen at £60 million but housing receives an extra £35 million, taking it to £75 million. “We are determined to deliver the housing needed to improve affordability,” the minister said.

Planning Officers Society president David Hackforth welcomed the awards: “Some of us were worried that they might not come but they are better late than never.”

Counci l backed developments in nine areas will form t h e s e c o n d w a v e o f e c o towns, p lanning minister John Healey has announced.

The move signals a new approach by the government to push forward with the ecotown project in partnership with local authorities.

The f i rs t four locat ions were published in July, chosen from 57 initial proposals. A large majority were promoted by the private sector but rejected because of local opposition or failure to meet the strict standards set out.

Second wave bids have all been put forward by councils. Locations include existing schemes at Shoreham H a r b o u r a n d N o r t h s t o w e that will be redesigned to meet ecotown standards, plus projects in the Leeds and Sheffield cityregions. Funding to develop plans has doubled to £10 million.

“ W e h a v e c o n s i s t e n t l y a r g u e d t h a t t h i s p r o c e s s needs to be planled with local authorities in the driving seat. We are pleased that the government has recognised this,” said RTPI acting director of policy and practice Matt Thom son.

Green campaigners echoed this approval. Campaign to

By Mark Wilding

Councils given leadon ecotown moves

Protect Rural England dir ector of policy and campaigns Nei l S inden said : “We are encouraged that the schemes are now part of local plan work. The government has also listened to criticism that these should not be freestanding developments.”

H e a l e y c o n f i r m e d t h a t ecotown schemes may take different forms. “The ecotown is a set of standards the developments must meet. One of the strengths of this potential second wave is that there are different types.”

H e a l e y a d d e d t h a t h e expects ten ecotowns to be u n d e r w a y i n B r i t a i n b y 2 0 2 0 . W h i t e h i l l B o r d o n became the first to consult on a masterplan last month (Planning, 13 November, p1).

Shadow housing minister G r a n t S h a p p s s a i d : “ M i n isters have conceded that ecotowns will create homes that are less green than ordinary houses built at the same time. The government is trying to save face by throwing in planned schemes and calling them ecotowns.”

Shoreham Harbour: developments to be redesigned

IN THIS ISSUE

CATHEDRALS REVIVED 3Spending on repairs has reversed the dire decline of historic places of worship, a survey reveals

LIBRARY DESIGN CLASH 5Council consent for the Library of Birmingham (right) has drawn strong criticism from some members

BUILDING SECTOR CASE 14The threat of spending cuts has spawned a wealth of data backing infrastructure investment to help recovery

JOB OF THE WEEK 29Pembrokeshire Coast national park wants a head of development management — salary up to £40,000.

REGULARSTransport news . . . . . . . . . . . . . . . 6Scottish news . . . . . . . . . . . . . . . . . 7Analysis . . . . . . . . . . . . . . . . . . . . . . 8Legal report . . . . . . . . . . . . . . . . . . 9Letters . . . . . . . . . . . . . . . . . . . . . . .10Comment . . . . . . . . . . . . . . . . . . . .11Interview . . . . . . . . . . . . . . . . . . . .13DC Casebook . . . . . . . . . . . . 17–21RTPI News . . . . . . . . . . . . . . . 22–24Planning jobs . . . . . . . . . . . . 28–31


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Peel Holdings has submitted plans for its £4.5 billion East Float mixed-use scheme at Wirral Waters. The scheme will provide 1.4 million square metres of floor space,

including offices and workshops and 13,000 homes. Peel expects the application to be heard by Wirral Council planning committee in the spring.

DEVELOPER SUBMITS WIRRAL WATERS SCHEMEWarrington splits rolesWarrington Borough Council i s to create two planning committees to hear strategic and minor applications.

The move comes after the council found that handling the two together creates unmanageable meetings and public concern. It will now have a development manage-ment committee for strate-g i c a p p l i c a t i o n s w h i l e a planning applications sub-committee will be responsi-ble for dealing with minor and householder matters.

A report from a working group that examined the authority’s planning process argued that having two com-mittees would enable meet-ings to be better managed a n d w o u l d a v o i d m i n o r s c h e m e s c r o w d i n g t h e agenda when strategic issues are due for debate.

Its chairman, Les Hoyle, said planning decisions had sometimes been taken in highly charged and emotive situations. “This has often been damaging to the repu-tation of the council and cre-ated an impression that it lacks the ability to properly take account of the views of those it is supposed to rep-resent,” he said.

Council duty guidance dueHousing and planning min-ister John Healey is to ann-ounce guidance next week to s h i f t c o u n c i l s ’ e m p h a s i s from development control to development management.

The proposals will set out to boost the performance of statutory consultees, impr-ove consistency in the proc-ess and reduce the number of conditions on permissions. The changes, due to come into force next year, aim to bring £11 million in annual savings for busines ses and £25 million for councils.

The DCLG has also named two more commissioners for the Infrastructure Planning C o m m i s s i o n . K a t h e r i n e Bryan has had roles in both the water and environment sectors and is a non-execu-t i v e d i r e c t o r o f D e f e n c e Estates. Emrys Parry has lat-terly headed up the planning and regeneration division of solicitors Bond Pearce. He is a RTPI legal associate.

Healey: management shift

The government has been slammed for proposing that the Infrastructure Plan ning Com miss ion ( IPC) should not consider nuclear waste when deciding on stations.

Four former members of the Committee on Radio-active Waste Management (CoRWM), the government’s i n d e p e n d e n t a d v i s e r o n nuclear waste, have written to energy secretary Ed Mili-band complaining that their recommendations have been “seriously misrepresented”

By Mark Wilding

Nuclear policy sparks riftin the draft nuclear national p o l i c y s t a t e m e n t ( N P S ) released last month (Planning, 13 November, p1).

CoRWM informed a 2008 white paper on radioactive waste cited extensively in the NPS. The government c o n c l u d e s t h a t e f f e c t i v e management and disposal arrangements will exist and the IPC need not consider the issue. CoRWM members were meeting this week to discuss their res ponse to the draft.

Former CoRWM member Professor Andrew Blowers

sa id : “ I t i s an outrageous statement that is not true in either a scientific or a social s e n s e . ” H e a d d e d t h a t C o R W M ’ s r e c o m m e n d a -tions apply only to legacy waste and are not applicable to new-build stations.

Campaign groups have also condemned the propo-sal. Greenpeace senior clim-ate and energy campaigner Ben Ayliffe said: “It is unac-ceptable that intensely radi-oactive material could be s i tt ing at the end of your garden and you will not be able to appeal to the IPC.”

IN THIS ISSUE

RESORT SMARTENS UP 3Applications have been lodged for a major scheme that forms part of Blackpool’s regeneration plans (right)

WAKEFIELD HOMES WIN 4A High Court ruling stresses flexibility as Wakefield Council defends its affordable homes target

LAWYERS LOOK AHEAD 15Changes to the planning process are intended to cut project challenges but work will increase in presenting applications, lawyers predict

JOB OF THE WEEK 31Turley Associates seeks a Scotland business leader —salary commensurate to role


Friends of the Earth cam-paigner Simon Bullock added that waste will need to be stored on-site before it can be safely removed. “Com-munities will have high-level nuclear waste stored in their area for 160 years and the IPC won’t have a say.”

A DECC spokesman said: “The government will keep the arrangements for waste man agement and disposal under review and will con-sider whether any new sig-nificant evidence or material provides grounds for revisit-ing its conclusion.”


8 January 2010 £2.70 www.PlanningResource.co.uk Issue 1850

Capital food boost urgedThe London Assembly has c h a l l e n g e d t h e c a p i t a l ’ s mayor to revise the London Plan to encourage more food to be locally grown.

A report released by the a s s e m b l y ’ s p l a n n i n g a n d housing committee on Wednesday reveals that much of t h e c a p i t a l ’ s a g r i c u l t u r a l land, most ly in the green belt, is not actively farmed. It calls on the mayor to require boroughs to give added weight to food growing when preparing their local development frameworks.

The study adds that the proposed town centre supplementary planning guidance due by 2011 should include detailed guidance on farmers’ markets and distribution networks for locally g r o w n f o o d . T h e m a y o r should amend draft policy on contaminated land to include food growing in raised beds or skips as a temporary alternative to soil remediation, it says.

Committee chai r Jenny J o n e s s a i d : “ W h y r e l y o n food f lown in f rom thousands of miles away when the capital has the potential to reap the health, social and economic benefits of local produce?” The report will be considered by the committee next week.

Cultivating the Capital — Food Growing and the Planning System in London is available at PlanningResource.co.uk/doc

Jones: plan change sought

Asda reviews Savills’ roleSavills is in danger of losing its consultancy contract with Asda after publicly contradicting the supermarket’s stance on the retail competition test.

Asda has been vocal in its support for the test, which would restrict development by retailers with more than 60 per cent market share in an area.

But last November Savills criticised the Competition Commission’s recommendation that the test should be introduced. “The requirement for a test is disproportionate to the socalled harm identif ied by the commission,” maintained retail planning director Jeremy Hinds.

“In short, it appears that it is proposing an unnecessary burden on retail investment at a time when the economy needs less, not more, barriers in this area,” he added

The supermarket chain is now reconsidering its future with Savills, one of the eight consultants it employs. In a joint statement, the compan i e s d e c l a r e d : “ D u e t o a recent confl ict of interest between Savi l ls and Asda Retail Development, a decision has been taken by the retailer to review the relationship and services that Savills provides.”

Both companies declined t o c o m m e n t f u r t h e r . B u t A s d a w a s e x p e c t e d t o announce the results of its review this week.

Retail planning policy may strain local authorities and c r e a t e s h o r t t e r m u n c e r tainty, according to industry commentators.

Following the release of the DCLG’s PPS4, Planning for Sustainable Economic Growth, experts have warned that the renewed focus on strategic planning will need to be matched with training and resources.

CB Richard El l is head of retail planning Ian Anderson said: “It appears to push a huge burden onto local authorities at a time when planning departments are being squeezed. This could threaten the whole process.”

R o g e r T y m & P a r t n e r s associate Peter Keenan highlighted an increased possibility of appeals on strategic planning policy: “Qualitative need has been elevated alongside quantitative need. That gives planmakers a lot of latitude over where to plan for growth. ”

Anderson warned that an absence of established local development frameworks could lead to planning by appeal, focusing on the new impact assessments.

Plans to scrap the retail need test in favour of the assessment have made it into

By Mark Wilding

Retail policy brings resources warning

the policy, despite opposit i o n f r o m t h e C o m m o n s communities and local government select committee.

An RTPI spokesman said: “We will be looking to see how the issues we ra ised have been resolved and how the government has res ponded to the select committee’s recommendations.”

But major retai lers welcomed the move. “Councils have the tools to protect town centres while promoting sustainable economic investment,” said Asda head

of property communications Jonathan Refoy.

British Council for Shopping Centres executive director Ed Cooke repeated calls for investment to ensure the p o l i c y ’ s s u c c e s s : “ W e a r e happy with the impact assessment frame work as long as authorities are resourced to make decisions rationally.”

K e e n a n a l s o c a l l e d f o r investment in development management: “If the resources aren’t there you will get inconsistent decisions and more cases going to appeal.”

Stores: approval focus switched to impact assessment

IN THIS ISSUE

ZOO GOES FOR GROWTH 3A giant tropical biodome (right) is central to major expansion proposals submitted by Chester Zoo

CITY SCHEME REJECTED 4A regeneration project in Lancaster has been refused by the government as harmful to the townscape

SOUTH EAST REVISITED 12Tory plans to return housing delivery to local control reprise debate on success of earlier strategies

JOB OF THE WEEK 26London Borough of Hackney seeks conservation, urban design and sustainability manager — salary to £53,286

REGULARSScottish news . . . . . . . . . . . . . . . . . 5Analysis . . . . . . . . . . . . . . . . . . . . . . 6Legal report . . . . . . . . . . . . . . . . . . 7Letters . . . . . . . . . . . . . . . . . . . . . . . . 8Comment . . . . . . . . . . . . . . . . . . . . . 9Interview . . . . . . . . . . . . . . . . . . . .13DC Casebook . . . . . . . . . . . . 15–19RTPI News . . . . . . . . . . . . . . . 20–22Consultants . . . . . . . . . . . . . . 23–25Planning jobs . . . . . . . . . . . . 26–31



Councils balk at levy plansAlmost 80 per cent of local authorit ies are st i l l undecided or unlikely to implem e n t t h e c o m m u n i t y infrastructure levy (CIL), a survey has revealed.

Drivers Jonas surveyed all councils in England. Some 63 per cent are unsure if they will adopt CIL, while 17 per cent say they will not adopt the levy. The f indings are consistent with the f irm’s survey last year (Planning, 23 January 2009, p1).

Reasons cited include fears o v e r h o w C I L w i l l w o r k , political uncertainty whether it will proceed and lack of resources. Many authorities indicated that they would f o c u s o n c o r e s t r a t e g i e s rather than prepare for CIL.

“One year on and the same number of authorit ies are uncertain about CIL,” said Drivers Jonas partner Julia Chowings. “This is now coupled with the concern that the proposals will become mandatory as a result of the proposed changes to section 106 agreements.”

M o r e a u t h o r i t i e s a r e e x p e c t e d t o a d o p t C I L i f plans to restrict Section 106 agreements are kept in the final regulations, she said.

Newspaper notices stayPlanners have expressed disappointment that the gove r n m e n t h a s c h o s e n t o continue with advertising certain planning applications in local newspapers.

T h e P l a n n i n g O f f i c e r s Society has written to planning minister John Healey a n d c h i e f p l a n n e r S t e v e Quartermain criticising the decision to keep the rules for local authorities advertising applications in newspapers.

“ T h e D C L G r e s p o n s e ignores the strong evidence of the administrat ive and financial burden this puts on authorities,” said immediate past president Phil Kirby.

S a v i l l s d i r e c t o r M i k e Derbyshire said: “We would not be too upset if the obligation to advertise in local newspapers were removed. In the modern world I would be surprised if people look for notices that way. Trawling through newspapers is not a passive exercise.”

Kirby: financial concerns

P l a n n i n g m i n i s t e r J o h n Healey is facing increased pressure to provide funding for counci ls to ful f i l their duties under the new infrastructure planning regime.

Copeland Borough Council in Cumbria wrote to Healey last week requesting additional funding. The letter, seen by Planning, argues that any refusal would contravene the DCLG’s new burdens doctrine, a commitment to ensuring that councils can fund policy changes.

By Mark Wilding

Project duty funds soughtPlanning Officers Society

president David Hackforth has also written to the minister pledging support for Copeland, while Local Government Assoc iation (LGA) chairwoman Margaret Eaton wrote before Christmas.

The council’s acting chief executive Fergus McMorrow said: “These projects are in remote areas where authorities do not have experience of largescale schemes.”

Hackforth said: “The lett e r s y s t e m a t i c a l l y s h o w s h o w t h e n e w r e g i m e w i l l have significant implications

for local authorities at various stages of the process.”

T h e L G A h a s c a l l e d f o r planning performance agreements between developers and local authorities to be m a n d a t o r y a n d f o r t h e Infrastructure Planning Commission to fund monitoring of permissions. Senior policy consultant Phillip Mind said: “Costs could run into millions. Authorities don’t have these resources.”

Duties include advising on consultation, preparing local impact reports and monitoring condit ions. Lancaster

IN THIS ISSUE

ENERGY POLICY ATTACK 3Parliamentary sessions on national policy statements have drawn criticism over ministers’ failure to fit projects into the spatial plan

OFFICE DECISION DUE 5Manchester City Council is considering a regeneration masterplan (right)

AWARDS SHOWCASE 14Thirty two projects across a wide industry spectrum are hoping to be named winners at next month’s prestigious Planning Awards

JOB OF THE WEEK 31West Lindsey District Council seeks development services manager — salary £50,000


A £45 million neuroscience research facility for King’s College London’s Denmark Hill campus in southeast London has received approval. The

building, designed by Devereux Architects and Allies and Morrison, will house the Wohl Neuroscience Institute. The facility is due for completion in 2012.

UNIVERSITY RESEARCH INSTITUTE APPROVED

City Coun cil head of planning services Andrew Dobson said councils may have to revisit core strategies.

Bircham Dyson Bell partner Angus Walker said: “This adds considerable weight to the argument for funding to meet their responsibilities.”

A DCLG spokesman responded: “Current inquiries can last years and require councils to pay for expensive legal representat ion. The new regime intends to reduce these costs and it is up to each authority how it engages with the process.”



Skippers airs year agendaAnn Skippers became the RTPI president on Wednesd a y . T h e n e w i n c u m b e n t runs a planning consultancy with her husband and lives in Chelmsford, Essex.

Skippers will hold the post for 12 months and brings more than 20 years’ experience in planning and plann i n g e d u c a t i o n . S h e specialises in appeal work, troubleshooting and training and also works as a nonsalaried planning inspector. She succeeds Martin Wil ley in the role.

“I am delighted to become RTPI president, particularly in an election year when it will be even more crucial to champion the value of planning on behalf of the profession,” said Skippers.

“Over the course of the next 12 months I want to raise the image and profile of planners and help support RTPI members. Promoting planning as a career to young people is also something I am very passionate about,” she declared.

Her priorities for the presidency wi l l be rais ing the image and profile of planning and making the benefits of planning more visible. She also intends to work more closely with the other built envi ronment profess ions and link up with schools and colleges to promote planning as a career. Within the institute, she aims to encourage m e m b e r s t o t a k e a m o r e active role.

Skippers: new president

Asda seeks centre testA row has broken out over a proposed Asda supermarket in Telford after town centre owners Hark asked ministers to intervene in a planning application for the store.

Earlier this month Telford and Wrekin Council’s plans board resolved to grant permission for a development on the civic offices site to replace an existing store in Telford Shopping Centre.

The application was due to be considered before Christmas but was deferred after a late objection by Hark. The government issued revised PPS4 over the holiday period, making the scheme one of the f irst to be considered under the new policy.

Hark has now claimed that the proposal contravenes PPS4. “The council ’s decision is a clear snub to the government policy. The law enables the secretary of state to call in cases where there are major concerns. We hope that is now what happens,” a spokeswoman said.

But Asda property communications manager Chris Marlow defended the decis i on : “Ha rk subm itt ed an o b j e c t i o n b a s e d o n t h e revised PPS4 and the council took both representations into consideration.”

The coun cil head of planning Michael Barker said: “Our decision was taken in the light of the new PPS4 and the proposal is consistent with government advice.”

The government has failed to consult properly over its plans for nuclear power stations and has been criticised for its approach to its draft policy statements (NPS).

Planning can reveal that the administration is under p r e s s u r e t o r e c o n s u l t o n plans for nuclear power stations or face the likelihood of a successful judicial review.

Meanwhile, planners have also condemned the timing o f t h e s e l e c t c o m m i t t e e probe into the proposals , say ing evidence sess ions held before deadl ines for c o n s u l t a t i o n r e s p o n s e s imbalance the process.

Campaigners continue to complain that communities are being left out of the consultation process (Plan ning, 27 November 2009, p1).

A freedom of information r e q u e s t b y P l a n n i n g h a s found that the majority of c o u n c i l s n e a r p r o p o s e d nuclear sites were not consulted on publicity requirements in accordance with the Planning Act 2008.

Bircham Dyson Bell partn e r A n g u s W a l k e r s a i d : “Given that this is the only chance the public have of expressing a view it is important that the letter of the act is followed.”

By Mark Wilding

Government faces consultation rerun

Councils were invited via the Local Government Association to request updates o n n u c l e a r p r o p o s a l s . A DECC spokesman said: “We informed them of the nomination process. We also gave t h e m t h e o p p o r t u n i t y t o keep updated on plans for public engagement.”

SJ Berwin partner Duncan Field countered: “I am not sure that is consultation as the courts interpret it. This is just tell ing people what they are doing with a throwaway remark.” Mills & Reeve

partner David Brock added: “On the face of it DECC has not complied with the statutory requirements.”

Friends of the Earth (FoE) wrote to energy secretary Ed Mili band this week arguing that designating the NPSs would be unlawful. FoE head of legal Phil Michaels maintained: “The con sultat ion was insufficient, the alternat i v e s w e r e i n a d e q u a t e l y explored and the policies are poorly justified.”

For more, see pages 2 and 3.

Parliament: select committee probing policy evidence

IN THIS ISSUE

STATION PLAN GOES IN 2Outline application for a station in Chelmsford (right) backs proposals for a major development in the area

FLOOD DAMAGE COSTED 4Environment Agency advice on levels of defence needed to protect homes is set to stretch government budgets

SUBURBAN STUDIES 14Evaluation of south London growth schemes shows that a mixeduse approach allows neighbourhoods to prosper

JOB OF THE WEEK 31Turley Associates seeks an associate director with a good remuneration and pension package



5 February 2010 £2.70 www.PlanningResource.co.uk Issue 1854

Section 106 bill delayedLiberal Democrat shadow e n e r g y s e c r e t a r y S i m o n Hughes attacked the govern-ment this week for delaying his private member’s bill on section 106 agreements.

Hughes has called for local authorities to be allowed to spend any payments received under section 106 on build-ing, maintaining or improv-ing housing. The bill was due to have its second reading in par l iament last week but t i m e r a n o u t b e f o r e t h e debate could be finished.

T h e T o w n a n d C o u n t r y Planning Act (Amendment) B i l l was presented to the Commons after Hughes was successful in this year’s pri-vate members bill ballot. It will now receive its second reading on 26 February.

C o m m u n i t i e s m i n i s t e r S h a h i d M a l i k m a i n t a i n e d that the government sup-ports the aims of the legisla-t i o n b u t t h a t a u t h o r i t i e s already have the means to achieve them.

Hughes said: “The whole country is still desperately short of high-quality afford-able housing. My bi l l wi l l allow more developments to be built and more properties to be improved.”

He added: “The govern-ment has been shortsighted a n d f o o l i s h t o b l o c k t h e a m e n d m e n t . I s h a l l k e e p going with my attempt to get a better housing deal for our communities and for local author i t ies to have more money for house building.”

Hughes: maintenance deal

Police probe council workAllegations of misconduct within the planning process a t t h e f o r m e r P e n w i t h District Council have been l o d g e d w i t h D e v o n a n d Cornwall Police.

The complaint is under-stood to have been made by former CBI director-general Sir John Banham. Last year he called on Cornwall Coun-cil to open a public inquiry into planning decisions at Penwith , now part of the unitary authority.

A p o l i c e s p o k e s w o m a n said: “We can confirm that a matter has been reported and we are looking into it . We have not yet established if any crime has taken place.”

A council spokeswoman responded: “All the planning processes carried out by the former district and county councils were reviewed as part of the creation of the unitary and new harmonised procedures put in place.

She added: “The council considered the issues raised by Banham and concluded that there is no justification for convening a inquiry into the activities of the former Penwith District Council.

“The council is aware of B a n h a m ’ s i n t e n t i o n t o involve the police and would s u p p o r t s u c h a c t i o n i f he believes that there has been criminal activity. We w i l l c o - o p e r a t e w i t h a n y investigation and review its find ings.” Banham was una-vailable for comment.

Introducing the retail com-petition test would create nearly 16,000 jobs and boost the UK economy by £1,500 m i l l i o n o v e r t e n y e a r s , a study has concluded.

The Asda-backed study by the Centre for Economics a n d B u s i n e s s R e s e a r c h ( C E B R ) b u i l d s o n e a r l i e r research by the Office of Fair Trading and the Competition Commission. I t concludes that increased competition will create jobs, lower infla-tion and encourage private sector investment.

C E B R s e n i o r e c o n o m i s t Charles Davis said: “Incr ea-sed competition has been s h o w n t o h a v e p o s i t i v e effects on productivity. The competition test will benefit the wider economy.”

A s d a h e a d o f p r o p e r t y communications Jonathan Refoy added: “It is essential to have rules that allow rival retailers to develop stores in areas where one player is h e a v i l y r e p r e s e n t e d a n d competition is insufficient.”

B u t s u p e r m a r k e t r i v a l Tesco disputed the claims. “ T h i s r e p o r t i s b a s e d o n flawed economics and false assumptions. It is inconceiv-able that a regulation des-igned to block retailers from opening stores in certain

By Mark Wilding

Stores trade claims on retail test gains

areas would have the effect of creating jobs,” a spokes-woman said.

Refoy defended the find-ings. “The suggestion that the competition test could cost jobs by deterring invest-m e n t i s w r o n g , ” h e s a i d . “Retailers who are blocked from opening stores will be replaced by others who are keen to invest in the area.”

CB Richard Ellis retail plan-ning director Ian Ander son called on the government to commission further studies t o c o n c l u d e t h e m a t t e r .

“Given that there is conflict-ing information being circu-lated by those promoting the competition test and those against it, perhaps it is time for the government to do its own maths,” he said.

In October last year the Competit ion Commiss ion recommended introducing a test which would prevent retailers with more than 60 per cent market share in an area from expanding. The DCLG is considering its find-ings and is expected to make a decision later this year.

Asda: study showed retail competition boosts economy

IN THIS ISSUE

NEWBURY RACES ON 2Major redevelopment plans for the Berkshire racecourse have been approved by the local authority (right) CROSSRAIL TERMS SET 4Business must contribute the top infrastructure levy rate to offset the cost of the capital’s rail connection

RETIREMENT RETHINK 14Evidence is growing that housing for older people can form a key element in local authorities’ town and district regeneration strategies

JOB OF THE WEEK 31Rhondda Cynon Taf seeks service director in planning — salary circa £65,000


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