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Penrith Neighbourhood Plan Consultation Launched

September 2020 News Planning

Eden District Council has received a Neighbourhood Development Plan from Penrith Town Council. A Neighbourhood Plan sets out a vision for a local area and contains policies on how land…

Penrith Neighbourhood Plan Consultation Launched
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Penrith Neighbourhood Plan Consultation Launched

September 2020 Planning

Eden District Council has received a Neighbourhood Development Plan from Penrith Town Council.

A Neighbourhood Plan sets out a vision for a local area and contains policies on how land should be developed and used. Hundreds of plans are used across the country to help guide local development, by looking at specific local issues rather than larger, strategic ones.

The Penrith Neighbourhood Plan includes policies relating to sustainable design, the town’s conservation areas, housing, local green spaces, sport, leisure and recreation facilities, traffic management and town centre improvements, amongst others.

From Wednesday 23 September 2020 until Wednesday 4 November 2020, Eden District Council is consulting with and seeking comments from local residents, landowners, businesses and community groups on the Penrith Neighbourhood Plan.

Please click here for more information on the consultation. 

Copeland Launches Local Plan Consultation

September 2020 News Planning

A new public consultation has been launched into a key document that will help shape the future of Copeland. Copeland Borough Council is in the process of developing a new…

Copeland Launches Local Plan Consultation
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Copeland Launches Local Plan Consultation

September 2020 Planning

A new public consultation has been launched into a key document that will help shape the future of Copeland.

Copeland Borough Council is in the process of developing a new Local Plan, which will guide development and investment in the borough until 2035.

The eight-week consultation launched today (Monday 21 September) gives residents and interested parties the opportunity to comment on a draft of the plan, ahead of final publication in 2021.

Please click here for more information.

Affordable Housing Prospectus Published

September 2020 News Planning

Housing Secretary Robert Jenrick has today (8 September 2020) announced that the prospectus inviting bids for the government’s massive investment in affordable housing and new measures to make it…

Affordable Housing Prospectus Published
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Affordable Housing Prospectus Published

September 2020 Planning

Housing Secretary Robert Jenrick has today (8 September 2020) announced that the prospectus inviting bids for the government’s massive investment in affordable housing and new measures to make it easier to get a foot on the property ladder are being launched this week.

Housing Secretary Rt Hon Robert Jenrick MP said:

  • Today’s announcement represents the highest single funding commitment to affordable housing in a decade and is part of our comprehensive plans to build back better.
  • This government is helping hard-working families and prospective first-time buyers get their feet on the housing ladder in an affordable way.
  • Thanks to the range of flexible ownership options being made available, more families across the country will be able to realise their dreams of owning their own home, with half of these homes being made available for ownership.

It has also been announced that there will be a change to shared ownership. The new model will:

  • Reduce the minimum initial share that can be bought in a property from 25 per cent to 10 per cent.
  • Allow people to buy additional shares in their home in 1 per cent instalments, with heavily reduced fees.
  • Introduce a 10-year period for new shared owners where the landlord would cover the cost of any repairs & maintenance.

Please click here for the full press release.

Please click here to download a copy of the prospectus.

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Use Class Order Update

August 2020 News Planning

On 21st July 2020 the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (2020 No. 757) was laid before Parliament outlining a radical shake up of the Use…

Use Class Order Update
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Use Class Order Update

August 2020 Planning

On 21st July 2020 the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (2020 No. 757) was laid before Parliament outlining a radical shake up of the Use Classes Order that is proposed to come into force on 1st September 2020.

These Regulations will create a new broad ‘Commercial, business and service’ use class (Class E) which incorporates the previous shops (A1), financial and professional services (A2), restaurants and cafes (A3) and offices (B1) use classes. Uses such as gyms, nurseries and health centres (previously in use classes D1 Non-residential institutions and D2 Assembly and leisure) and some other uses which are suitable for a town centre area are also included in the class.

This new class allows for a mix of uses to reflect changing retail and business models. It also recognises that a building may be in a number of uses concurrently.

A series of more protected ‘community uses’ have been moved into a new Class F. ‘Local Community and Learning’ use class. Class F.1 includes schools, galleries, museums, halls, libraries and places of worship. Class F.2 includes essential isolated shops, community halls, outdoor sports facilities and swimming pools/skating rinks.

The residential (C classes), General industrial (B2) and Storage and distribution (B8) use classes remain unchanged (except for a new cross reference in B2 to the new ‘commercial’ class).

The former A4 Drinking establishments and A5 Hot food takeaway use classes have been removed and will be considered ‘Sui Generis’ uses as will cinemas, concert, dance and bingo halls which fell within the former D2 use class. This will mean that changes to and from these uses will be subject to full local consideration through the planning application process.

Importantly, the new regulations include transitional provisions.  Paragraph 7.10 of the Explanatory Memorandum explains that:

‘There are a number of permitted development rights which grant general planning permission allowing changes of use between the former use classes without the need to submit a planning application. These regulations provide transitional provisions which retain the effect of the permitted development right based on the classes that were in place prior to these regulations coming into force. A building or use will continue to be subject to any permitted development rights that it was entitled to on or before 31 August 2020. These transitional provisions will remain in place until 31 July 2021 when new, revised permitted development rights will be introduced. These savings provisions also apply to relevant Article 4 Directions’.

Download our guide to the updated Use Classes Order here.

 

Extension of Planning Permissions

August 2020 News Planning

The Business and Planning Act 2020 temporarily modifies the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990 to enable certain planning permissions…

Extension of Planning Permissions
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Extension of Planning Permissions

August 2020 Planning

The Business and Planning Act 2020 temporarily modifies the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990 to enable certain planning permissions and listed building consents in England which have lapsed or are due to lapse during 2020 to be extended.

This is in recognition of the effect coronavirus has had on the planning system and the construction sector and in particular the delays it has caused to the commencement of new development. This extension will allow the commencement of the planning permissions and listed building consents without the need for a new application.

Detailed Planning Permissions and Deemed Consent

Under section 93A of the Town and Country Planning Act 1990, unimplemented planning permissions with time limits for implementation which were due to lapse between 19 August 2020 (when the provisions came into force) and 31 December 2020 are extended to 1 May 2021. This happens automatically, with no requirement to obtain Additional Environmental Approval.

In addition, unimplemented planning permissions with time limits for implementation which passed between 23 March 2020 and 19 August 2020 are also restored and the time limit extended to 1 May 2021, subject to Additional Environmental Approval being granted. Further details of the Additional Environmental Approval process are set out below.

Outline Planning Permissions

Time limits for implementation relating to outline planning permissions are subject to extension in the same way as other planning permissions:

  • time limits for implementation passed between 19 August 2020 and 31 December 2020 are automatically extended to 1 May 2021
  • time limits for implementation passed between 23 March 2020 and 19 August 2020 are extended to 1 May 2021 if Additional Environmental Approval is granted in respect of the relevant planning permission

In addition, any deadline for the submission of applications for the approval of reserved matters under an outline planning permission which would otherwise expire between 23 March 2020 and 31 December 2020 is extended to 1 May 2021.

Listed Building Consent

All listed building consents with a time limit for implementation between 23 March 2020 and 31 December 2020 will be extended to 1 May 2021. Listed building consents will not be subject to a requirement to obtain Additional Environmental Approval.

Additional Environmental Approval

A planning permission with a time limit for implementation between 23 March 2020 and 19 August 2020 will only benefit from the statutory extension to 1 May 2021 where Additional Environmental Approval is granted by the local planning authority (or deemed to be granted).

Applicants should provide details of:

  • The planning permission to which the application relates
  • The condition(s) which set out the time limit(s) for implementation
  • Any condition(s) or other agreements which relate to environmental mitigation or enhancement measures
  • Whether the original permission was subject to an Environmental Impact Assessment and/or a Habitats Regulation Assessment, or screening for either type of assessment

If the original planning permission was granted without the need for an Environmental Impact Assessment or a Habitats Regulations Assessment, applicants should provide a brief explanation of why they consider it remains the case that neither of these assessments would be needed if an application for planning permission was being made now.

Applications should be determined by the local planning authority within 28 days from the sending of the application.

Where a local planning authority refuses Additional Environmental Approval, the applicant has the right of appeal to the Secretary of State under section 78 Town and Country Planning Act 1990. There is no right of appeal against non-determination as, in the event of non-determination, Additional Environmental Approval is deemed to be granted.

Changes to Construction Working Hours

August 2020 News Planning

Changes to Construction Working Hours The Business and Planning Act 2020 temporarily modifies the Town and Country Planning Act 1990 to introduce a new fast tracked deemed consent process to…

Changes to Construction Working Hours
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Changes to Construction Working Hours

August 2020 Planning

Changes to Construction Working Hours

The Business and Planning Act 2020 temporarily modifies the Town and Country Planning Act 1990 to introduce a new fast tracked deemed consent process to enable urgent changes to construction working hours to support safe construction working in line with the Government’s latest social distance guidelines. These provisions are detailed in Section 74B of the Act.

The deemed consent process will enable developers to apply to local planning authorities to vary existing conditions, or the details submitted under a condition, that limit construction site working hours.

The new application route applies where planning permission has been granted for the development of land, subject to a condition restricting site working hours, or a condition requiring the submission of a construction management plan (which limits working hours).

It does not apply to mining operations or householder development. This means applications cannot be made under this route to extend working hours for proposals to alter or enlarge a single house (including works within the curtilage (boundary/garden).

If an application is approved, this will temporarily amend planning restrictions on construction working hours until 1 April 2021, unless either another earlier date has been requested by the applicant or is decided upon by the local planning authority, with the agreement of the applicant.

Local authorities have 14 calendar days to consider such applications. If the local planning authority does not determine the application within 14 days (excluding public holidays), the revised working hours are deemed to have been consented to and construction can take place in accordance with these new hours.

Carlisle Southern Link Road

July 2020 News Planning

On 23 July 2020, Cumbria County Council's Cabinet agreed to enter in to a new and important funding agreement with Homes England to deliver the new Carlisle Southern Link…

Carlisle Southern Link Road
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Carlisle Southern Link Road

July 2020 Planning

On 23 July 2020, Cumbria County Council’s Cabinet agreed to enter in to a new and important funding agreement with Homes England to deliver the new Carlisle Southern Link Road. The funding agreement is a major milestone and is worth in excess of £134million and secures the final funding arrangement required to secure the delivery of the new Carlisle Southern Link Road.

The road will play a vital role in supporting the economic recovery of Carlisle and Cumbria following COVID-19 and it is key to the successful delivery of growth projects and initiatives such as the St. Cuthbert’s Garden Village, a scheme led by Carlisle City Council that will deliver 10,000 new homes and employment opportunities within Carlisle, bringing significant benefits to the city and the wider county. The delivery of the new road will also improve east – west connectivity to the south of the city, in particular improving road connections to West Cumbria

It is anticipated that construction work will commence on site in 2022 and will be completed in 2024.

Further information: https://www.cumbria.gov.uk/cslr/

Adoption of Allerdale Local Plan (Part 2)

July 2020 Local Plan News Planning

Allerdale Borough Council has formally adopted the Allerdale Local Plan (Part 2) at a virtual meeting of their Full Council on 22 July 2020. The Allerdale Local Plan (Part 2)…

Adoption of Allerdale Local Plan (Part 2)
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Adoption of Allerdale Local Plan (Part 2)

July 2020 Planning

Allerdale Borough Council has formally adopted the Allerdale Local Plan (Part 2) at a virtual meeting of their Full Council on 22 July 2020.

The Allerdale Local Plan (Part 2) forms a key element of the statutory development plan for the parts of Allerdale which lie outside of the Lake District National Park, alongside the Allerdale Local Plan (Part 1) which was adopted in July 2014. The Allerdale Local Plan (Part 1) sets out the strategic and development management planning policies for the district up to 2029 and Part 2 identifies or ‘allocates’ land to deliver the strategy and contains additional supporting policies to guide development. With the adoption of the Allerdale Local Plan (Part 2) all of the saved policies from the Allerdale Local Plan 1999 and Local Plan First Alteration 2006 have been replaced.

Do you have land allocated for development?

Do you need advice or guidance on how best to maximise the potential of your land?

Get in touch with our Planning and Land Specialists at PFK Land and Development by calling 01228 586805 or email us landanddevelopment@pfk.co.uk.

New Housing Approved in Kirkby Stephen

July 2020 News Planning

Full planning approval has been granted for the construction of two new dwellings in the historic market town of Kirkby Stephen. The scheme will provide two semi-detached dwellings, which…

New Housing Approved in Kirkby Stephen
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New Housing Approved in Kirkby Stephen

July 2020 Planning

Full planning approval has been granted for the construction of two new dwellings in the historic market town of Kirkby Stephen.

The scheme will provide two semi-detached dwellings, which have been specifically designed by Graham Norman Architects to offer higher environmental standards, and to provide for ‘lifetime’ living. The application was amended in discussion with Eden District Council and demonstrates an example of sustainable housing delivery, which uses innovative design and materials to achieve a high-quality development.

The detailed scheme was approved unanimously by Eden District Council’s Planning Committee, who considered the proposals at a site visit and virtual meeting on the 9th July 2020.

Build, Build, Build..... Government Announces New Planning Reforms

July 2020 News Planning

Prime Minister Boris Johnson has set out new regulations that will see buildings and land changing use without planning permission, with a policy paper due in July outlining how ‘England’…

Build, Build, Build..... Government Announces New Planning Reforms
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Build, Build, Build..... Government Announces New Planning Reforms

July 2020 Planning

Prime Minister Boris Johnson has set out new regulations that will see buildings and land changing use without planning permission, with a policy paper due in July outlining how ‘England’s seven-decade-old planning system will be reformed for modern society’. These measures form part of his government’s plan to level up the country and help the UK recover from the coronavirus (Covid-19) pandemic – to “build back better, build back greener, build back faster”.

The changes set out by the government would see more types of commercial premises having “total flexibility” to be repurposed by reforming the use classes order. These new regulations will give greater freedom for buildings and land in our town centres to change use without planning permission and create new homes from the regeneration of vacant and redundant buildings.

Some of the changes announced this week include:

  • A new flexibility for a building used for retail to be able to be permanently used as a café or office without requiring a planning application;
  • A wider range of commercial buildings will be allowed to change to residential use without the need for a planning application;
  • Builders or Developers will no longer need a normal planning application to demolish and rebuild vacant and redundant residential and commercial buildings if they are rebuilt as homes;
  • Property owners will be able to build additional space above their properties via a fast track approval process, subject to neighbour consultation

The Government was clear the these new provisions for flexible change of use and redevelopment will not include pubs, libraries, village shops and other types of uses essential to the lifeblood of communities.

These new regulations are expected to be in place by September this year.

Do you need advice on how to develop a vacant or redundant building?

Contact PFK Land and Development on 01228 586805 or email landanddevelopment@pfk.co.uk for more information.

 

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