LATEST NEWS
THE BILLIONAIRE CLUB, HAYMARKET
Cunnane Town Planning LLP recently led a team at Inquiry, against Westminster City Council’s refusal to grant planning permission for the change of use of a former cinema to a nightclub, in the heart of the West End. Acting on behalf of a consortium including Flavio Briatore, a successful appeal was achieved in respect of a huge new night club, to be called The Billionaire Club, in Haymarket.
The site is at the heart of London’s West End, and within the West End Stress Area where policy TACE 1O applies. This policy prevents new entertainment uses except in exceptional circumstances. At the inquiry the City Council conceded that exceptional circumstance to justify planning permission would exist if no ‘harm’ would result in the development. The Inspector concluded that there would be no ‘harm’ caused by reason of noise and disturbance from customers, or and in respect of kitchen extractor equipment, and allowed the appeal.
September 2007
INSPECTORATE INSIST ON INQUIRY
At a recent case in Twickenham the Planning Inspectorate has insisted on considering the appeal at an Inquiry despite the local authority and the appellant’s agreed proposal to have the appeal determined by the written procedure. The procedure has been changed “due to the extent of the statements, MP concerns, a lot of third party letters and the complexity of the evidence.” Further information is contained at www.cunnanetownplanning.co.uk/hamilton.htm
June 2007
KEY DECISION REGARDING SPECIAL PROTECTION AREAS (“SPA’S”)
Planning permission was recently granted for the development of a site within the Thames Special Protection Area (“SPA”) for housing. Overturning what was effectively a moratorium on new residential development within the area, Beverley Tourle presented a compelling case on behalf of her client and convinced the Inspector that the site was within easy walking distance from a number of alternative public open spaces and that future local residents would use these spaces more readily than Chobham Common
Read the full story here: www.cunnanetownplanning.co.uk/thepines.htm
June 2007
CHANGES TO THE SELECTION OF LISTED BUILDINGS
The recent release of new guidance approach for the identification of specific sites and areas of interest remains broadly the same, however the criteria for selection have been rationalized. They now omit “group value” and “close historic interest”, meaning that sites which would traditionally fall into either of these categories will now be assessed under the two remaining criteria of special architectural or historic interest.
If you have a specific query regarding the listing of buildings or wish to examine possible ways of delisting a building, get in touch with your usual contact at Cunnane Town Planning, or speak to your nearest office.
DRAFT PPS ON PLANNING AND CLIMATE CHANGE
On the 13th December 2006, a separate Planning Policy Statement (PPS) on Climate Change was published. Currently on consultation until 8th March 2007, draft PPS on Planning and Climate Change is supplementary to PPS 1, and not a stand-alone document. The PPS sets out how planning, in providing for new homes, jobs and infrastructure needed by communities, should help shape places with lower carbon emissions and resilient to the climate change now accepted. The PPS notes on Climate Control, ‘planning has a central part to play in enabling local action’.
The key policy points within the PPS highlight how Climate Change policy should be integrated with policy on all other planning issues. The PPS focuses strongly on the aim to reinforce, focus and clarify policy on Climate Change and planning, and call on local authorities to break new ground in policy development to combat and deal with the issue.
The key messages within the PPS are:
- Proposals for renewable energy should be looked on favourably, including on sites outside development plan documents.
- Policies that set stringent requirements for minimising the impact on landscape and townscape should be avoided if they effectively prevent certain types of renewable energy.
- A significant proportion of the energy supply of substantial development should be generated on site or from a decentralised source.
CHANGES TO OUTLINE APPLICATIONS
Following the release of Circular 01/06 by the Department of Communities and Local Government, a number of changes to the way that outline applications are to be submitted have been introduced. Essentially information on the following will now be required as a minimum for the validation of an outline application:
Use-detail on the use or uses proposed for the development and any distinct zones of development within the application site.
Amount of Development- the total amount of floorspace proposed.
Indicative Layout- A plan needs to be provided setting out zones of development within the application site.
Scale Parameters- The upper limits for the height, width and length of the buildings proposed.
Indicative Access Point- the area in which the access point will be located.
Clearly the days of submitting an application form and red line boundary to establish the principle of a use are over, and much more work is required to satisfy an authority that the principle of a particular development is acceptable.
On behalf of our clients, Cunnane Town Planning are capable of meeting these new requirements. The recent installation of AutoCAD in all offices allows use to liaise quickly and effectively with architects, and where required create our own drawings to support application submissions. Please feel free to call your usual contact, or one of our offices direct, if Cunnane Town Planning can be of assistance in your work.
September 2006
DESIGN AND ACCESS STATEMENTS
Since 10th August 2006 there is now a requirement for the submission of a Design and Access Statement in support of nearly all applications for planning permission. The only specified exceptions are for works to an existing dwelling, engineering or mining operation, or change of use applications.
Whilst is has been common for Planning Consultant to submit supporting information covering these issues the amendments to the Town and Country Planning (General Development Procedure) Order 1995 formalises the requirement to provide comprehensive material at the submission stage.
Historically the requirement to address access and design issues has been applied unevenly by Planning Authorities across the country. This amendment and supporting information provides a checklist of content and subjects; reducing delays, uncertainty and doubt in the development process.
If you require further information please feel free to call your usual contact at Cunnane Town Planning, or phone 0208 943 4032 and ask to speak with a consultant.
August 2006
S106 Obligations Briefing Note>>