UPDATE

the magazine for ISSUE 10 / 2013

A Balloon Fiesta isn’t our usual stomping ground, but as our teams celebrate our recent fortune in being selected from the Fiesta 100 Club to be Headline sponsors for the now renamed ‘Barton Willmore Bristol International Balloon Fiesta 2013’, I am desperate to try and link hot air ballooning with our industry challenges somehow. Your puns and quips on a postcard please, or for those who are tech-savvy, a tweet with the hashtag #BWbibf! A champagne flight for two (in a balloon – not first class on a 747 to New York!) goes to the best one we receive by the end of the Fiesta on 11th August.

This summer edition sees us review some interesting emerging angles for our industry in 2013. With the Political posturing beginning as the Election year of 2015 comes into sight, we are beginning to see the Labour Party’s prospective approach to planning in the form of the shadow Housing Minister’s view of our world and his proposed policies. The Party Political Conference season should be an interesting one for our industry if Jack Dromey’s comments are to be proven correct.

Our ‘View from..’ article in this edition comes from Paul Wootton, a Partner with Eversheds, who alongside Adrian James reviews the now-established Nationally Significant Infrastructure Projects process. What can we learn from the Energy industry’s exposure to this process, especially if, as envisaged, it is extended to include some of our most significant mixed use developments?

Tall buildings, seaside towns, a disused chocolate factory and new Welsh communities all get the Update treatment, offering you an insight into our thinking for specific development locations and for more enjoyable and engaging places in which to live and play. And our Manchester team have much to say about their home city and the North West region around them.

We do hope that you enjoy this issue of Update, and as always, your reactions and feedback are greatly appreciated. And if you’re spending any of your summer at the Barton Willmore Bristol International Balloon Fiesta, please join us for a drink and trading of quips!

IAN TANT SENIOR PARTNER ian.tant@ bartonwillmore.co.uk

SUmmEr iS hErE, AnD AmiDST SoAring TEmPErATUrES, ThE DEbATE iS on for EvEryThing from SPAcE AnD lighT STAnDArDS in nEw homES To PArTy STAncES on PlAnning Policy. ThingS ArE on ThE riSE AT bArTon willmorE, Too.

02/ lifE’S A bEAch: coASTAl TownS for ThE fUTUrE

06/ lAboUr in ThE PlAnning ShADowS?09/ DElivErED: ST gEorgE whArfDH/ homE SwEET homE: rEDEvEloPing ThE

SomErDAlE cADbUry’S fAcTory13/ A viEw on... DElivEring

PowEr To ThE PEoPlE17/ bUilDing on oUr hEriTAgE:

ExPloring wElSh hoUSing TyPES21/ mEET ThE TEAm: mAnchESTEr25/ ExTrA! ExTrA!

News in Short

Up, Up and Away!: We are so excited to be headline sponsors of the Barton Willmore Bristol International Balloon Fiesta 2013, we’re practically levitating! The Fiesta will take place from the 8th - 11th August, featuring over 150 hot air balloons, fairground rides, entertainment and a gaggle of grinning planners and designers.

A Renewable Energy Hat-Trick: Our Town Planning teams have secured permission for three Anaerobic Digestion facilities across the UK this Spring. A combined total of up to 125,000 tonnes of waste will be processed each year at Millerhill in Midlothian (Alauna Renewable Energy), North Selby in Yorkshire (Peel Environmental) and Bryn Quarry at Gelligaer, Wales.

Town Centre Success: Following the completion and occupation of One Reading Central, our Town Planners have now secured permission for Two and Three Reading Central, to be known as ‘Forbury Place’, on behalf of Bell Hammer and Prupim. The two BREEAM ‘Excellent’ buildings will cumulatively provide 360,000 square feet of commercial space in the heart of the town centre.

Cover image: St George Wharf Tower, London

1

Image is courtesy of Aukett Fitzroy Robinson.

Life’s a Beach: CoaStal townS for tHE fUtUrEKathryn Anderson, Urban Design DirectorEmilie Pignon, Urban Design Associate

2

in An AgE of low-coST SUnShinE holiDAyS AbroAD AnD noT-So-SUnny SUmmErS AT homE, mAny SEASiDE TownS AcroSS ThE UK finD ThEmSElvES STrUggling To SUSTAin PoPUlAriTy EvEn DUring ThE PEAK SEASonS. So whAT mAKES A 21ST cEnTUry SEASiDE Town SUccESSfUl?

The Department for Communities and Local Government’s (CLG) Report on coastal towns in 2007 sought to identify common characteristics which are shared by these

diverse locations in a bid to trigger Government initiatives directed at coastal communities. With 21 of the 88 most deprived authorities being identified as by the sea, it’s clear that these locations could stand to benefit hugely from regeneration. As a result, the Government began their Coastal Communities Fund within which £27 million has been allocated for 2013-14 and will be awarded to a host of successful bidders, all with the aim of breathing life back into these seaside communities.

With CLG identifying masterplans as the key tool for achieving a unity of vision

and success for the regeneration of coastal towns, and with the task of creating plans to regenerate the Calais seafront well underway, we thought we would seek our Masterplanners’ advice on creating dynamic seaside towns for all seasons. We look to their projects across the Channel, many of which are based in towns facing the same downturn in popularity, to learn from their experience and find out what they think needs to be done to turn these places around.

CalaisCalais is the largest city of the Pas-de-Calais Region and is looking to attract British tourists as part of a larger strategy for the revival of the town centre, aiming to regenerate the neglected seafront area of the town.

The seafront area, once a thriving neighbourhood and tourist destination, changed with the destruction of the city during WWII. Today it is a shadow of its former self, disconnected from the town

centre by large roads and man-made water bodies and lacking in identity despite its natural assets. Approximately 1km in length, the site we are focusing upon runs the length of the town’s little known but beautiful beach, encompassing large residential buildings, car parks, playgrounds, shops and cafes as well as the main promenade and distinctive rows of historic beach huts lining the beach edge.

The project aims to breathe new life into the area by enhancing the sense of place, restoring historic links and creating new attractions to encourage visitors from home and abroad. An 8 month study comprising several workshops with the local community is not only well underway, but having a great response from residents. “Wherever we do community consultations in France, we’re always impressed by how many people turn up and how interested they are in their environment,” says Associate Urban Designer Emilie Pignon. “I wouldn’t go so far as to say NIMBY’s don’t exist there, but people do seem open minded. Their positive approach means we can really concentrate on the wealth of ideas they bring. They understand how their community works so much better than we can, so it saves time and helps us really get under the skin of a place.”

Cannes

Having a high speed train (TGV) line running directly between the beachfront and the residential quarter of La Bocca, Cannes, was just one of the problems that our masterplanners found facing this suburb. With 125 ha of railway land lying disused adjacent to the Riviera, the project provided the perfect opportunity to create a Maritime Quarter comprising mixed use residential, leisure, tourism and commerce. The priority for the team was to create spaces for both the community and tourists that would not only function for leisure, but also provide vital links and connections and make the town a desirable place to live.

“ThE SEASiDE TownS wE ArE gUiDing in frAncE fAcE mAny of ThE SAmE chAllEngES AS ThEir UK coUnTErPArTS: fAlling viSiTor nUmbErS AnD DwinDling TrADErS lEADing To A SPirAl of DEclinE. ”

3

4

La Bocca, cannes

RoscoffThe historic town of Roscoff, lying on the North Brittany coastline, has direct ferry links to Plymouth, as well as a train station and number of routes into the town. Yet despite the number of tourists that come within close proximity of the town as a result, comparatively few choose to stay there for their holiday – often driving away in the opposite direction.

Getting people into the town was therefore a major obstacle for our Masterplanners, and required a solution consisting of more than just plans for an appealing location with amenities. The chosen design, the most ambitious of those proposed, not only includes sequences of interesting spaces, but also incorporates landscape enhancements and new signage, showing the importance of connecting the town to its surroundings. Perhaps most importantly for tourism and international links, is the proposed inclusion in the INTERREG Scheme, which provides funding for interregional co-operation across Europe, lessening the impact that geographical isolation can so often have on these towns.

Future LessonsUrban Design Director Kathryn Anderson points out: “The challenge is to reinvent these places as year-round destinations, not simply by making the place look better but by making it work harder across the year. By using good design to strengthen the identity of the place and creating spaces and activities that can adapt to the seasons, we can increase investment and attract visitors in both summer and winter. As with all regeneration projects, it’s critical to take a wider view of masterplanning and not be restricted to physical plans. Our focus may be on the urban form and generating innovative ways to animate the space, but we tend to encompass a much wider range of urban design tools; from proposing new policy and management frameworks and identifying ways to attract grant funding to re-branding & marketing strategies. It’s worth

noting that sometimes the most successful solutions aren’t about the structure of a place –sometimes it’s all about more effective and proactive management.”

What’s clear from Kathryn’s experiences on the continent is that “the seaside towns we are guiding in France face many of the same challenges as their UK counterparts; falling visitor numbers and dwindling traders leading to a spiral of decline.” Whether in the UK or France, it is clear that there is no such one-size-fits-all solution to be applied to struggling coastal towns. These towns require a heart, vibrancy and sustainability in order to survive the cold winters, and this can only be achieved through detailed, individual attention which proactively makes use of the space and creates a brand taking into consideration those that will be using them – no matter at what point in the year.

Current recipients of the grant include areas within Sunderland, North Yorkshire, Kent and Cornwall; therefore, the benefits of this scheme will clearly be far reaching across the UK. With the Government finally injecting some much needed money into these towns, we now have a real opportunity to start tackling some of these problems and finding ways to regenerate coastal communities so that whether it’s for a day, a week, or a lifetime, people come to these towns.

KATHRYN ANDERSON URBAN DESIGNDIRECTOR kathryn.anderson@ bartonwillmore.co.uk

EMILIE PIGNON URBAN DESIGN ASSOCIATE emilie.pignon@ bartonwillmore.co.uk

5

LaBour in the PlannIng SHaDowS?

wiTh Two yEArS bEforE ThE nExT PArliAmEnTAry ElEcTion, ThE oPPoSiTion’S PlAnning PlATform iS AlrEADy STArTing To TAKE ShAPE. bUT iS iT rEAliSTic? robin ShEPhErD TAKES US ThroUgh ThE PlAnS coming forwArD from ThE lAboUr ShADowS.

Robin Shepherd, Planning Partner

In a recent briefing from the Labour front bench, it was reassuring to hear that certainty in transition is a priority for them within the development industry. The need for development and in particular a stemming of the ludicrous housing shortage we currently face is acknowledged as a key issue for the party and one which must take centre stage in the forthcoming election. Never since Harold Macmillan has housing been such an issue for the election. Increasing the supply of housing is seen as the number one objective.

Music to our ears I know, but clearly we need to know some of the substance/detail behind this. For consistency, certainty and because of the cross party nature of the original document’s conception, there is strong support for the NPPF and its principle of simplification. The vacuum left by

Regional and sub regional policy is, however, acknowledged, as is the current failure of the ‘Duty to Cooperate’, which is considered to be too incongruous and impossible to implement or enforce until it is too late. But what are the alternatives to this somewhat ‘blunt instrument’ policy clause, that is today simply being tested through the courts?

Expansion of Local Authority boundaries is one approach, advocated by Heseltine in his recent review of the planning system, but one which we know to be arduous and far too politically controversial to be viable, surely. Instead, change needs to be cultural – one of cross-party discussion at both a party political, policy and Local Authority level. The Labour front bench also believe it lies in SHLAA’s, Local Enterprise Partnerships (allbeit under a new name) and the focus upon City Regions, where cross-

6

boundary cooperation could be significantly strengthened. Although currently averse to engagement in terms of housing delivery, LEP’s are considered to have a potentially important role to play in driving cooperation and a broader evidence base, in that the economic growth they seek within their regions is dependent upon the support of a growing work force and the income/spending power these residents will bring. This seems to be a view shared by the Labour party and therefore something worth exploring in coming months with the shadow front bench and the various LEPs. The question is whether the LEPs are equipped or willing to take on the unenviable task of apportioning housing across LPA boundaries.

“Benefits to Bricks”, a recent statement made by Jack Dromey encouraging homebuilding as opposed to growing welfare dependency, is an interesting sentiment, aimed at tackling the perceived ‘unfairness’ of the current system and the dwindling public housing supply. How they will deliver growth of public housing was not clarified at this briefing, other than it would be via a combination of Housing Associations and freeing up Local Authorities (LAs) to undertake their own development. Is this achievable? It has been a generation since LAs took on this task, and much has happened since then, that could hinder the ability for them to turn back the clock and reinvigorate their public housebuilding programme. Public perception will be a key stumbling block, with memories of 1960′s council housing blocks not yet forgotten. RSL’s may seek to divert such attention to their development aspirations, where Government (local and national) assistance on such a scale could allow them to take the lead rather than reinventing the wheel. That said, some LAs may relish the opportunity to take up the reins if legislation and procedure currently prevent them.

What is clear within this push for residential growth is that the private rented sector is of great interest, and ways in which this sector can be supported in terms for investors are being explored. This includes greater regulation of landlords and the introduction

of longer-term rents, something which landlords may feel is unnecessary.

Given this desire to push the housing sector, S106 and the Community Infrastructure Levy were understandably key queries raised. The shadow Labour team’s indications that CIL is an unlikely long term factor in their plans was most welcome as was the acknowledgement that a potential reassessment of S106 agreements process may be necessary if it was felt these were still unduly delaying the permitting/development process.

Therefore, rather than rip up the rule book and start again, Labour policy seems to be focused upon putting their slant on existing policy so far, while a public housebuilding ambition comes as no great surprise from a trade unionist Shadow Minister. However, the fact that housing and planning will remain at the top of the political agenda, with a pro-development stance, is clearly positive. We will continue to keep track as this policy evolves.

ROBIN SHEPHERD PLANNING PARTNER robin.shepherd@ bartonwillmore.co.uk

7

...bUT whAT iS hAPPEning ElSEwhErE in grEAT briTAin?

opportunity to help facilitate and deliver new development to the benefit of Welsh communities, and as a result there are no incentives for new home buying within Wales despite the existence of a number of schemes within England. Much good work has been done by the Welsh Government in seeking advice and ideas on how the current system can be improved, although it is unlikely that

the Planning Act for Wales will be completed much before 2015 which is arguably too little too late for the Welsh economy.

Stephen Tucker reports from Scotland: The potential transition of UK government, while of interest to us all north of the border, is less relevant with specific regard to planning; statutory planning being a devolved matter for

the Scottish government. Similarly, the SNP have an overall majority and currently look set to remain in power for a period of time. That said, the Scottish government has also adopted an encouraging pro-development stance echoing their key objective of sustainable economic growth. This theme has formed the spine of recent consultations on NPF3 and Scottish Planning Policy - two of our key national policy documents. The great unknown in Scotland (and I suspect in England and Wales) is whether this positive culture change feeds its way down to the local level - whatever the colour of the party in charge.

“ThE grEAT UnKnown... iS whEThEr ThiS PoSiTivE cUlTUrE chAngE fEEDS iTS wAy Down To ThE locAl lEvEl - whATEvEr ThE coloUr of ThE PArTy in chArgE. ”

Mark Roberts reports from Wales: The Labour led Welsh Government is an interesting comparison as there is little evidence that the need for development, and particularly the housing shortage, is being prioritised or indeed addressed within the Principality, despite more positive rhetoric contained within the latest edition of Planning Policy Wales. Whilst the Welsh Government is currently reviewing the planning system in Wales, the lack of real progress in terms of improving the system is a real concern within the development industry. The new Minister has clearly signalled the importance of housing delivery and a recent appeal decision in Cardiff exemplifies this; however, these and other recent appeals are insignificant compared to the overall scale of need and under-delivery. Our recent research concerning Housing Market Intelligence Data for the 16 South Wales authorities confirms a shortage of circa 15,000 households across the region. The Welsh Government has done little to date in terms of facilitating the ‘pro development’ themes voiced by their counterparts in London and is indeed placing additional financial burdens on the development industry by introducing more onerous construction requirements such as fire sprinklers and an over-zealous interpretation of zero carbon, concerns which are shared by DCLG. The recent shelving of the New Buy Cymru scheme is an unfortunate example of how the indecisiveness and delay of the Welsh Government led to a missed

MARK ROBERTS PLANNING DIRECTOR mark.roberts@ bartonwillmore.co.uk

STEPHEN TUCKER PLANNING & DESIGNPARTNER stephen.tucker@ bartonwillmore.co.uk

8

Justin Kenworthy, Planning Director

DeLivereD: St gEorgE wHarf

9

When this project began in 1996, it was clear that the process of gaining permission for a 181m tower was going to require careful attention to detail from our Town, Landscape and Environmental Planners working on the project. At the time, the proposals were for Europe’s tallest residential tower, meaning that a long planning process was always going to come with the territory. It was therefore no surprise when the tower was called in by the Secretary of State for Inquiry in 2004 following a Public Inquiry.

At the time of planning, St George Wharf Tower itself was so tall that it would be seen from the Palace of Westminster World Heritage Site and within the setting of various listed buildings and conservation areas, meaning that precision planning at a variety of levels was required in order to stand any chance of gaining permission. The townscape and visual assessment, drawn up by our Landscape Team, required 150+ viewpoints that had to be assessed and the use of a balloon to confirm the exact height

AS ST gEorgE whArf TowEr nEArS comPlETion To form ThE finAl PArT of ThE ST gEorgE whArf SchEmE in vAUxhAll, lonDon boroUgh of lAmbETh, wE looK bAcK on ThE joUrnEy lEADing UP To iTS DElivEry AS ThE TAllEST rESiDEnTiAl TowEr in ThE UK.

JUSTIN KENWORTHY PLANNING DIRECTOR justin.kenworthy@bartonwillmore.co.uk

113m 181m 96m 177m 135m 202m 180m

10

“ onE imPorTAnT lESSon which will STAy in my minD for ThE fUTUrE, iS how imPorTAnT iT iS To bE AblE To DEmonSTrATE ExEmPlAr ArchiTEcTUrE. ”

of the building in these views; a process which proved itself to be invaluable for demonstrating that the impact on views was accessible and contributing to the success.

Even with the obvious increase in time and costs that occur from gaining planning permission for building up, there are clearly benefits for developers when it’s done well and in the right location as they provide not only an efficient use of space in a time of increasing population and land values, but also an opportunity for regenerating the areas around them. For instance, the site of St George Wharf lay derelict for 40 years, yet now promises to be a vibrant location for city living, offering a good degree

of affordable housing and the prospect of significant regeneration for the wider area - a case that was accepted by the Secretary of State during the Inquiry.

Despite a general recognition of the role that Towers will play for the future of London, controversy still remained surrounding

their presence on the city’s skyline, perhaps triggered by the tragic helicopter crash into the crane attached to St George Wharf Tower during its construction. People were quick to question the impact of Tall Towers and their integration into the city; however Justin Kenworthy, Director, argues that “the debate is largely now over, if London is to continue to compete on a global level, we have to have the business and residential capacity to cope.” What’s more, the debate ending hasn’t necessarily made it any easier to gain permission. “We will still need to prove the benefits of these developments and the value of their architecture,” Justin says.

As in any development, design is key, particularly if it has the potential to become iconic as well as highly visible. Justin reflects that “one important lesson from the planning process for St George Wharf, which will stay in my mind for the future, is how important it is to be able to demonstrate exemplar architecture. Without this you will get nowhere in discussions with the Local Planning Authorities, the Greater London Authority and other statutory consultees.”

147m180m 111m 308m 235m 50m

11

st george wharf,LonDon

With planning permission finally being granted in 2005, how would it have played out if the same application were to be considered in 2013? “I think despite the number of tall buildings that have been permitted since 2005, it wouldn’t necessarily be easier to gain permission if the process were happening today. Each tower that has been planned since would have gone through the same scrutiny and in fact, in the current context of increasing pressure from UNESCO to protect the World Heritage Sites, it is becoming more difficult for Tall Tower applications of the future,” says Justin.

St George Wharf Tower is the first of many tall buildings to be constructed in the Vauxhall / Nine Elms corridor between Vauxhall Bridge and Battersea. The catalyst for regeneration that this project provided, along with an extension of the Northern Line on the London Underground, looks set to transform this once largely industrial area as well as the London Skyline.

For more information on Tall Towers, download a copy of our Tall Towers Report 2012 from our website or scan the QR code below. http://www.bartonwillmore.co.uk/resources/tall-towers-2012/

12

home sweet home: rEDEvEloPIng tHE somerDaLe caDBury’s faCtory

Design highLight

Originally built to house production for Fry’s Chocolates in 1935, the Somerdale chocolate factory employed over 5,000 people at the height of production and had its own railway and power station. The factory produced well-loved classics such

as the Dairy Milk and Creme Eggs, but closed its doors in 2011 following a corporate takeover by Kraft Foods.

Taylor Wimpey recognised the opportunity for a landmark development, and have submitted proposals to reinvent the site as a 700 home urban extension to neighbouring Keynsham, with a sports club, primary school, care home, restaurant

and retail facilities and 11,000m2 of employment space available to provide a sustainable live/work community.

“We went through a process of example community involvement which has resulted in a collaborative masterplan with buy-in from all parties with a vested interest,” says Design Partner James DeHavilland. “This is a fantastic project with so much positive interest from the public - over 1,000 people showed up to our workshop exhibitions. We feel that the masterplan will deliver a New Garden Neighbourhood which is grounded in the history of the site and carries through this inspiration to a detailed design level.”

1/ The Fry Club & Conference Centre

2/ Aerial View of Masterplan

3/ Phase 1: Arts & Crafts Style Homes

Martin Denley, an Architect for the scheme, explains how the community’s design rallies around the site’s heritage. “Each of the development phases interprets the essence of the site in a different way. The first phase of family housing, for example, is intrinsically linked to the neighbouring Chandos Road homes, which were built contemporaneously with the factory, in the Arts and Crafts style. It’s a Garden City-style arrangement with a suburban feel about it, and the proposed new homes will reflect the same style to provide a seamless transition.”

“There is a central urban core which embraces the existing retained factory buildings,” says Gareth Howell, Architectural Associate. “Within this setting, alongside a new primary school, a new Fry Club sports club is planned. Originally founded for factory employees, the new Fry Club will embrace the community of Keynsham as a whole. The central core will also include commercial accommodation for SMEs in addition to conservation and conversion of the factory buildings to luxury apartments.”

Martin continues, “To the north of the site, the later development phases, although very contemporary in form, take design

“ EAch of ThE DEvEloPmEnT PhASES inTErPrETS ThE ESSEncE of ThE SiTE in A DiffErEnT wAy. ”

An iconic SiTE bETwEEn briSTol AnD bATh iS SET To bEcomE A Thriving nEw commUniTy which PAyS homAgE To DEcADES of SATiSfyingbriTAin’S SwEET TooTh.

DESIGN HIGHLIGHT

DESIGN HIGHLIGHT

1

2 3

inspiration from the factory itself. The factory was constructed with a sawtooth effect in the north-facing roofline to invite northern light into workshop rooms. This same roofline will be incorporated into the new housing, and materials such as red brick will be reflected in the more urban elements of the phase.

“The gardens of bespoke homes on the easterly perimeter of the site will front on the River Avon. This waterside housing will be in an upside-down configuration with living spaces opening onto terraces that take advantage of the views. The site’s westerly aspect overlooks The Hams, which is a flat wetland area and also home to the historic Roman town of Trajectus, so the homes will include large glazed elements and pitched roofs to provide panoramic views.”

Capturing the essence of the site has played a strong part in the design proposals – here’s hoping they are a sweet success!

4/ Riverside Cafe

5/ Contemporary Homes on North of Site

5

MARTIN DENLEYARCHITECTURALASSOCIATEmartin.denley@bartonwillmore.co.uk

To read and see more on these proposals, visit the Somerdale project website at www.somerdaledevelopment.com.

JAMES DEHAVILLAND DESIGN PARTNER james.dehavilland@bartonwillmore.co.uk

GARETH HOWELLARCHITECTURAL ASSOCIATE gareth.howell@bartonwillmore.co.ukDESIGN HIGHLIGHT

4

DeLivering Power to tHE PEoPlEAdrian James, Planning Partner, Barton WillmorePaul Wootton, Head of Energy & Natural Resources, Eversheds LLP

A viEw on...

in oUr lAST iSSUE of UPDATE, wE DEAlT wiTh ThE UncErTAinTiES of ThE PlAnning ProcESS in DElivEring hoUSing DEvEloPmEnT AcroSS ThE UK. yET ThESE ProblEmS ArE noT limiTED To ThE hoUSing SEcTor; obTAining conSEnT for mAjor PowEr STATionS iS AlSo SUbjEcT To ThE vAgAriES of ThE PlAnning SySTEm. AT A TimE whEn lArgE ScAlE EnErgy ProjEcTS ArE DESPErATEly rEqUirED, ADriAn jAmES, TEAmS UP wiTh PAUl wooTTon from EvErShEDS To looK inTo ThE iSSUES.

Adrian James: ““As a nation, we are no longer a net exporter of gas, relying on Europe, particularly in the winter months, for maintaining our gas supplies - worrying considering some 40% of our electricity is provided by gas fired power stations. As a result, nuclear and renewable energies are seen as the main alternatives to gas, but with significant lead-in times for the replacement of our old nuclear power stations, the supply of renewable energy will not fill the gap in the short to medium term.

“In an attempt to create a quicker and more certain decision-making process for major power projects, the Government introduced a new consenting process for Nationally Significant Infrastructure Projects (NSIPs) – of which almost three quarters of those currently submitted are energy related projects. Decisions are made at a national level by the Planning Inspectorate (PINS) and the Secretary of State, in a prescribed time period, having regard to National Policy

13

Statements agreed by Parliament. The new process also has the advantage that the Development Consent Order (DCO) will not only grant planning permission but could also provide the other consents (including powers of compulsory purchase) required to construct and operate the project. The ‘one stop shop’ when coupled with national (rather than local) decision making is supposed to provide confidence to investors that projects will not be delayed by the planning process.“

So has this streamlined ‘fast track’ approach been successful?Paul Wootton: “It is certainly the case that the consenting process for nuclear power stations, for example, has been sped up in comparison to those consented under now historic legislation. However, there is a view that too many infrastructure projects are caught by the definition of an NSIP in the Planning Act 2008. For example a 50MW onshore wind or solar farm is subject to the same consenting process as a 4GW nuclear power station when the strategic importance and complexity of issues is incomparable.

“The introduction of National Policy Statements (NPS) has also been positive, removing the requirement to demonstrate need for an NSIP where the NPS supports the scheme. In addition, the legal obligation to consult and the front loaded nature of the process does, on the face of things, lead to quicker decisions post acceptance of an application, although the overall period for determination is not necessarily shorter, particularly where compulsory purchase is involved.

“ AS PlAnnErS wE cAnnoT AvoiD jUDiciAl rEviEw bUT in ThE PrEPArATion of oUr APPlicATionS wE cAn SEEK To minimiSE ThE oPPorTUniTiES for A SUccESSfUl onE. ”

“There has been a general reluctance to date to incorporate the variety of consents, authorisations and licences which can be embedded in a Development Consent Order. Put simply the Development Consent Order has not yet become the one stop shop it was

anticipated to be.

“Finally, there have been relatively few legal challenges to date and those that have been are particularly controversial. This may indicate that the level of engagement both before and after submission is about right - an important point given the delays which flow from legal challenge. One thing which is not known, however, is the extent to which the consents for projects will need to be revisited

because of scheme changes. The NSIP consenting process is inflexible and the need to revisit consents is capable of adding to the substantial lead in time to project commencement.”

What about the delays from judicial review?Adrian James: “Legal challenge and judicial review inevitably slows down the implementation of projects. Judicial review of planning decisions of all types has increased steadily over the years to the extent that it is seen as a real problem for the construction industry. David Cameron has recently raised concerns about ‘the massive growth industry’ of judicial reviews of planning decisions and the resultant cost, delays and uncertainties that it has on bringing forward development. Government figures show that applications for judicial reviews have risen sixfold from 160 in 1975 to 11,359 in 2011. Of these 11,359 applications, only one in six were granted permission to proceed beyond the initial stage of whether there was a case to be heard. Only 144 were ultimately successful

14

smurfitt Power PLant,

snoDLanD, Kent

15

which represents an overall success rate of only about 1%. The delays brought about by the judicial review process are significant as it took nearly 3 months to deal with those that were refused at the initial hearing whilst cases that went through to the full hearing took over 9 months.

From the 1st July, Justice Minister Chris Grayling has reformed the judicial review process to include reduced time limits for bringing claims from 3 months to 6 weeks and an increase in fees for seeking hearings in person. By reducing the time limit and increasing the fees, the Government thinks that applicants will think twice about launching proceedings and it would, therefore, only be used by those who have carefully considered whether they have proper grounds to challenge a decision. The 6 week review period has been in place for NSIPs since its inception but there is little evidence that the shortened period has led to applicants thinking twice before launching a legal challenge.

Paul Wootton: “The system has to cater for the scrutiny of decisions where there has been an error in the decision making process. However, there is no doubt that challenges, either statutory or by way of judicial review, are used as a delaying tactic. The fact that so few challenges are successful indicates that the decision making process generally works well. The real problems are the length of the challenge period and the length of time it takes to reach decisions (including appeals) which are subject to statutory challenge or judicial review. I do believe a shorter judicial review period, consistent with statutory challenge periods, will help. As will the proposals to restrict the ability to appeal against leave decisions, which are totally without merit, and the introduction of a £215 Court fee for an oral renewal hearing where the claimant does not accept a refusal of permission on the papers and asks for a decision to be reconsidered at a hearing. Expedition of the permission stage is critical in helping to remove the tactic of delay in development projects.

“The proposed changes will only apply to judicial review, not statutory challenges where the time period is already 6 weeks and there is no permission stage. The fact remains, however, that judicial review is frequently seen as the last chance to stop development from proceeding and it seems highly unlikely that the proposed changes will make any fundamental difference to the appetite for judicial review for those wanting to stop development, who are well advised and may already be operating within the 6 week challenge period. We inhabit a small island where new development is almost always in close proximity to where people live, or land which is subject to protection. It is inevitable that legal challenge to unpopular decisions will remain.”

Adrian James: “I would agree with Paul’s comments here, but also add that, as planners, we cannot avoid judicial review, but in the preparation of our applications we can seek to minimise the opportunities for a successful one. If the Government wishes to speed up the review proceedings then it should make the process more flexible. Currently, challenging an NSIP project is not permitted in the period between the application being accepted by PINS and the final decision being made on the DCO – a period of 12 months. This moratorium on the ability to challenge the process until the final decision has been made means that time is lost if the judicial review is against a decision or action that was made very early in the examination process. Whilst we must get our judicial review process under control, the experience of NSIP applications shows that simply reducing the period of time under which a judicial review can be submitted does not stop them being made. To my mind, the low success rate is much more of a consideration and, perhaps, the Courts should make clearer the uphill battle that developers and objectors face if they intend to go down this route.”

PAUL WOOTTONEVERSHEDS LLP

ADRIAN JAMESPLANNING PARTNERadrian.james@bartonwillmore.co.uk

Barton WIllmore and Eversheds LLP will be hosting a joint event on this topic in Autumn 2013. If you are interested in receiving an invitation, please email jackie.vine@bartonwillmore.co.uk

16

BuiLDing on our heritage: ExPlorIng wElSH HoUSIng tyPES

wiTh A bEvy of locAl DEvEloPmEnT PlAnS bEing APProvED AnD A PlAnning AcT for wAlES whiTEPAPEr DUE AT ThE EnD of ThiS yEAr, iT’S A PivoTAl TimE for hoUSing in wAlES.

Our Cardiff team is feeling very positive about the opportunities this presents, and have been exploring new forms of housing delivery that will help to optimise those opportunities. Gareth Howell, Architectural Associate, talks us through their thoughts.

There has been much talk of late about Garden Cities, whose design principles were centred on timelessness, simplicity and modesty, where I would argue regional identity and local distinctiveness were not the major focus in the design. However, successful place making is about an understanding of character, and in contemporary design abstracting the relevant architectural ‘cues’ to strengthen and reinforce a sense of place.

It is important to also understand that local distinctiveness is a result of the contributions made by many over time, without a conscious attempt to establish it. At the heart of this distinctiveness are simple, honest buildings using readily available local materials. Therefore, I think that the principles of Garden City planning with a sensitive understanding of local character are virtues we can all aspire to when designing new communities.

We have started an initiative around New Welsh Communities and have discussed our ideas already with both Housebuilders and the Design Commission for Wales for what might inform new developments in Wales for the 21st century. At a more detailed level, I have sought to examine two distinct Welsh house types to determine how they could contribute to successful new communities in Wales and a high standard of housing.

GARETH HOWELLARCHITECTURAL ASSOCIATE gareth.howell@bartonwillmore.co.uk

17

STREET

The Welsh TerraceWith a philosophy of simple, honest architecture, the Welsh terrace is a typology we can still use today. It has subtle diversity within its duplication, so simplicity is its strength.

Benefits to developers

• Duplication with minor adjustments creates diversity whilst keeping costs down

• Ideal for mixed tenure developments with affordability and appeal

• Lends itself to high density developments of family homes

• Space standards future proofed so that it can be modified to Lifetime Homes standards, increasing sales value

Benefits to occupiers

• Classic housing style helps to secure stability in market value

• Ratio of internal space to external wall results in thermal efficiency

• Flexible and functional space allowing for future change and to the quality of life of its occupants

CHIMNEY

Vertical stack incorporating heat recovery system and adequate space for home services satisfying current and future requirements. Space partitioned for future heating requirements e.g. wood burner.

FUTURE REQUIREMENTS

45 degree roof pitch allows for future expansion into the roof-space. Dormer windows easily retrofitted to the rear roofscape.

EXTERNALLYRear garden provides adequate private space for occupants. The provision of a shed, green house and raised planter support self-reliance.

KITCHEN AND DININGTo address our evolving living pattern, additional space is provided within the kitchen area, extending the dining space into the garden and providing a terrace at first floor which also acts as a foundation for future expansion.

ENTRANCEThe entrance is expressed simply

with a stone surround. Front doors should be individually coloured and

incorporate a side vision panel.

WINDOWSLarge window proportions reflect historical

context and provide suitable internal daylighting. The structural opening is

expressed simply with a stone surround in a similar manner to the entrance.

PARKING

Parking is provided on-street and to the side of

dwellings. Where possible parking should not

dominate the street

MATERIALS

High quality materials reflecting local distinctiveness. Where possible

materials to be sourced locally.

STREETLandscaping to be

integrated into the design of the street LIVING

Space is provided for future proofing - adequate space has been allocated for an additional bed space in the living room and the space requirement for a domestic lift.

ROOFTraditional slate roof

reflecting local character

weLsh terrace

house

18

CHIMNEY

Vertical stack incorporating heat recovery system and adequate space for home services satisfying current and future requirements. Space partitioned for future heating requirements e.g. wood burner.

ENTRANCE

Extended roof to form canopy over entrance. Front doors simply expressed with a large side vision panel. Entrance and stairs are to be light and spacious, visually linking the first floor accommodation.

WINDOWS

Large areas of glazing to the south optimise passive solar gain. Deep reveals and adjustable brise soleil

panels help to avoid overheating in the summer. Window proportions to the northern elevation draw

inspiration from the traditional long house.

PARKING

Private and visitor parking is provided on-plot to the side of the dwelling. Integrated car-port/garages with terrace area above. Could be easily adapted to another bedroom in the future

MATERIALS

Palette of materials draws inspiration for local distinctiveness; where possible materials to be sourced locally. Palette can be simply varied also using contemporary cladding materials where appropriate.

STREETDry stone

boundary wall treatment

OPEN LIVING

Open plan design allowing for adaptability and flexibility. Social spaces maximise opportunities for visual interest internally and large areas of glazing optimise views to the wider landscape. First floor circulation forming balcony when ‘opened’ up.

ROOFTraditional roof materials reflecting local character

EXTERNALLYLarger secure rear garden with access to first floor terrace and driveway. Opportunities for self reliance - greenhouse, fruit bearing trees and vegetable garden.

Benefits to occupiers

• Solar plan form maximisation to lower energy bills

• Open plan design allowing for adaptability and flexibility

• Maximises opportunities for views towards surrounding area

The Welsh Long HouseThe classic Welsh long house, originally designed for cattle to one side and farmer and family to the other, presents a wealth of opportunities for modern living.

Benefits to developers

• Simple efficient floor plan and section makes a cost effective option particularly for the larger family home

• Attractive sales opportunities to promote contemporary design solutions to the market

• Shallow plan form responding to site topography should reduce engineering and ground modelling infrastructure costs

19

weLsh Long house

Wales’ diversity of landscape is internationally renowned and part of our cultural identity. We need to understand this character and strengthen the Welsh built environment as part of our cultural identity, extracting the “relevant” and avoiding the minefield of pastiche to create contemporary design which pays homage to what has worked for centuries.

This is not about standardisation; it’s about raising design standards and developing a platform to explore ideas which are relevant to Wales and its urban landscape.

We plan to hold workshops in October 2013 to discuss ideas and develop principles for the design of future developments in Wales. To find out more please contact us: kevin.parker@bartonwillmore.co.uk (Urban Design) gareth.howell@bartonwillmore.co.uk (Architecture) mark.roberts@bartonwillmore.co.uk (Town Planning)

“ThiS iS noT AboUT STAnDArDiSATion; iT’S AboUT rAiSing DESign STAnDArDS AnD DEvEloPing A PlATform To ExPlorE iDEAS which ArE rElEvAnT To wAlES AnD iTS UrbAn lAnDScAPE. ”

20

As a result, they have lots to say about their region and the city they call home. Here, they discuss the opportunities, recent changes in the City and highlight some of their ideas for the region’s development industry.

“From a flying start we’re now an established team in Manchester, providing first class services to our clients across the North West,” says Dan Mitchell, Partner leading the team. “We’ve also introduced a masterplanning team to complement our solid town planning capabilities. This will focus on residential design work for our housebuilding clients, a sector which is buoyant in the North West. The last two years have been hard work in growing market share and employing the best professional team. From our base in Spinningfields, we now have strength and depth and are one of the larger town planning teams in Manchester. We’ve come across new clients that only want to use people in Manchester, who know what’s going on, who understand the market and are part of

the local network. This knowledge is really important for us as a business.”

Born and raised in Manchester, Suzanne Asher, a Senior Planner in the team, has seen lots change over the past 15 years. “The change in the city has been exciting; there is so much momentum. It’s constantly evolving and is always on to the next site or the next growth area. Manchester is an ever-improving place and has a world class offer to occupiers. There are clusters of business space which appeal to different users. Spinningfields is home to finance, legal and court services, with Spring Gardens and King Street being the traditional office core, complemented by the primary retail area and leisure spaces at Manchester’s north end. The Northern Quarter, Castlefield and Great Northern Warehouse historic areas lend charm and heritage and are a wonderful part of the city’s fabric. We’ve got a great base on which to build and the energy to continue to evolve and improve.”

meet the team manCHEStEr

oUr mAnchESTEr officE bEgAn wiTh Two STAff AnD A loT of EnThUSiASm in jAnUAry 2011. in Two yEArS, ThE TEAm hAS ExPAnDED To A groUP of 10 PlAnnErS AnD DESignErS AnD hAS TAKEn on mAny ExciTing ProjEcTS AcroSS ThE norTh wEST.

21

22

manchester team

1

2

3 4

5

6

7 8

“Spinningfields kick-started a new wave of development,” adds Steven Grimster, Senior Planner, “and is now a superb retail and leisure area too. We have a lot of clients keen to visit our offices due to their location and the range of shops, restaurants, coffee shops and bars on-hand to make great use of for more informal meetings. Other projects such as NOMA have now come forward, and the redevelopment of the ITV studios and “Corridor Manchester” will be the next big projects. I’m hoping they will be redeveloped to provide something a bit different to complement the commercial and residential projects elsewhere in the City; a development that creates a destination which the City can be proud of and which will attract people.”

Hopes like these have translated into a creative approach amongst the team, in terms of their work in improving Manchester, and across projects in the North West.

“We’ve adopted a creative approach to developing new clients,” says Dan. “By focusing on our ideas such as land searches and public realm improvements, we’ve been able to present innovative solutions to our clients, new and old. Generally speaking, the feedback has been very positive from our contacts who like our proactive approach, over other consultants. We’ve also diversified and now undertake a range of work across the residential, energy, commercial and retail sectors. We’re also progressing four new fire stations for Cheshire Fire & Rescue, which is a really interesting new project.”

Lorraine Davison, Senior Planner, explains: “Our work is about understanding places where people live and how they move within the areas. Where do they work, where do they grab a coffee, where do they play, where are the schools? So what we have to do as part of our design work is understand these movements and relationships within the areas and how our new work will fit in with the existing pattern. It’s all about adding to the city’s growth and vibrancy.”

1/ L-R: Lorraine Davison, Dan Mitchell, Suzanne Asher

2/ Michael Ward

3/ Stephen Tucker

4/ Steven Whitehouse

5/ Vincent Ryan

6/ Tracy Hopkins

7/ Chris Edge

8/ Steven Grimster

As Manchester grows, the North West is also in the midst of an evolution. In Spring 2012, the team collaborated with our Research team to produce a North West Housing Market Intelligence report which showed that the Councils across the region were facing a significant shortfall of housing land supply.

Associate Planner Vincent Ryan has been working on several housing schemes throughout the region. “The shortfall in housing numbers, combined with the ‘presumption in favour of sustainable development’ in the National Planning Policy Framework, means that Councils are often having to approve applications which do little more than provide basic dwellings. This makes it all the more exciting to submit applications which they are enthusiastic about. For example, Story Homes’ proposals for 197 homes at the former Lancaster Moor Hospital, which we expected to be a bit of an uphill battle given the Grade II listing of the building, were quickly approved by a keen Council who appreciated the thoughtful design by our Masterplanners.”

The team is also seeing an increase in retail applications. Chris Edge, Associate Planner, is a retail sector specialist on the team. “It’s clear that the economy in the North West is getting back on its feet. We’ve recently done several retail assessments which show that there is strong demand for new retail development both in and out of town centres. As more people are moving to the region and homes are built, there is a correlated requirement for places to work, shop and play. We are focussing on smaller convenience shops given the recent shift away from larger format foodstores.”

“There are so many opportunities for development across the North West region,” says Steven Whitehouse, Senior Urban Designer. “We have been working with a number of clients to assess and identify those opportunities with real potential, and two years on, the results are really starting to show.”

23

extra! Extra!

So mUch hAS bEEn hAPPEning in oUr worlD SincE oUr lAST UPDATE ThAT wE DiDn’T hAvE room To inclUDE iT All in ThiS iSSUE! hErE iS A briEf SUmmAry of SomE imPorTAnT chAngES:

Without Space and LightWe have been monitoring the latest RIBA Homewise campaign ‘Without Space and Light’. This is the RIBA’s campaign for the government to introduce minimum space and light standards for all private housing within the UK. You might be interested to know that ‘In February 2013, Homewise commissioned a survey that revealed people feel dissatisfied with their new build home after only two years of moving in. Three key issues stood out as the biggest problems for residents of new build homes: Energy, Space and Natural Light.’ Homewise 2013

In the next issue, we will be bringing you the latest developments and investigating the government’s reactions to the initiative and how this might affect developers and us as designers.

In the meantime, why not check out the website: www.withoutspaceandlight.com and let us know your thoughts on the issue by contacting Amy Dalzell at amy.dalzell@bartonwillmore.co.uk.

Permitted Development Rights ChangesOn 30th May, new permitted development rights came into effect for a 3-year period regarding change of use from office to residential. We wrote a guidance note explaining the changes, and even made a handy flow-chart to help you figure out if the new rights apply to your development proposals. The note is on our website at www.bartonwillmore.co.uk/resources/update-to-permitted-development-rights/ or through the QR code below.

24

Improving Planning PerformanceLast month, the government set out criteria to improve the speed and quality of decision-making of Local Planning Authorities when dealing with major planning applications. Our guidance note examines how the proposed measures will work and provides our thoughts on both the benefits and the disadvantages that these may bring. Download the note at www.bartonwillmore.co.uk/resources/improving-planning-performance/ or by scanning the QR code below.

oUr EDinbUrgh AnD cAmbriDgE officES ArE boTh rElocATing lATEr ThiS SUmmEr. PlEASE STAy TUnED for UPDATED ADDrESS informATion, AnD Do lET US Know if yoU woUlD liKE To bE inviTED To officE oPEning EvEnTS by EmAiling jAcKiE.vinE@bArTonwillmorE.co.UK.

Changes to Listed Building ConsentThe Enterprise and Regulatory Reform Bill passed through

Parliament in April 2013, bringing changes for Listed Building Consent. If you are curious about the changes and what they mean for the future of Listed Building Consent and planning for heritage, you’ll want to read our guidance note on the topic. It’s available at www.bartonwillmore.co.uk/resources/changes-to-listed-building-consent/ or through the QR code to the right.

25

we’re on the move!

www.bartonwillmore.co.uk

This magazine has been edited and designed by the Barton Willmore Marketing & Graphic Design Teams.

This artwork was printed on paper using fibre sourced from sustainable plantation wood from suppliers who practise sustainable management of forests in line with strict international standards. Pulp used in its manufacture is also Elemental Chlorine Free (ECF).

101 Victoria Street Bristol BS1 6PU T/ +44 (0)117 929 9677

Greyfriars House Greyfriars Road cardiff CF10 3AL T/ +44 (0)292 066 0910

Elizabeth House 1 High Street Chesterton cambridge CB4 1WB T/ +44 (0)122 334 5555

The Observatory Southfleet Road ebbsfleet Dartford Kent DA10 0DF T/ +44 (0)132 237 4660

12 Alva Street edinburgh EH2 4QG T/ +44 (0)131 220 7777

3rd Floor 14 King Street Leeds LS1 2HL T/ +44 (0)113 204 4777

7 Soho Square London W1D 3QB T/ +44 (0)207 446 6888

Tower 12 18/22 Bridge Street Spinningfields manchester M3 3BZ T/ +44 (0)161 817 4900

Rotterdam House 116 Quayside newcastle NE1 3DY T/ +44 (0)191 206 4040

Beansheaf Farmhouse Bourne Close Calcot reading RG31 7BW T/ +44 (0)118 943 0000

Regent House Prince’s Gate 4 Homer Road solihull B91 3QQ T/ +44 (0)121 711 5151