Mcloughlin Planning is pleased to have secured planning permission for a series of wildlife ponds (one in Dorset, Cirencester and Withington) with the Dorset Council.

The application concerned Wildlife ponds which required planning permission because of their need for engineering operations to implement. The initial concept was to introduce a single pond within the site, however, the original application had to be withdrawn due to concerns around landscape impact.

The key issues raised throughout the application:

• Landscape impact
• Impacts on the existing biodiversity on the site.

After consultation the scheme was updated to include 3 smaller ponds, to ensure greater habitat diversity and to create additional complementary habitats as well as the main features. The 3 smaller ponds were all connected to allow water flow and of different sizes to promote greater diversity.

We worked alongside Petra Ulrik Landscape Architects to ensure that the proposal was sympathetic to the landscape and utilised native non-invasive species of planting to be consistent with the area’s existing character, whilst providing biodiversity enhancements. Having Petra on board from the start ensured that the proposal was developed with a clear understanding of how the proposal would alter the existing landscape and to ensure that native species were included at all stages.

The proposal offers useful insight into the possibilities of developing agricultural land for biodiversity net gain. By implementing a wildlife haven in this location the biodiversity and landscape character of the area are richer than if existing agricultural practices were to continue.  In our experience, providing wildlife ponds in a sympathetic manner adds both to the character and the biodiversity of the site and the wider setting. The pre-application process allowed for open discussions on the proposal’s concerns to overcome issues including landscape impacts at an early stage and ensure a smooth application process.

By working proactively with the Local Authority through the application life cycle we were able to ensure a smooth process where the application was determined within the statutory deadline.

Our experienced team can help you secure green infrastructure and other wildlife improvements in a wide range of circumstances. If you would like a free initial consultation call then please get in touch below:

Chris Fleming

chris.fleming@mplanning.co.uk

01242895008

McLoughlin Planning is excited to announce the acquisition of Plainview Planning Ltd.

This significant merger unites 13 planning professionals and three support staff from both companies, enhancing our capabilities in providing ingenious, commercially-minded solutions to town planning challenges. With a shared culture rooted in trust and integrity, this collaboration will enrich the service offerings to our clients, providing a broader spectrum of expertise and augmenting personal development opportunities for our team members.

Nathan and Jenny McLoughlin will head the company. Jenny, supported by the very skilled Caroline Pitt and Elle Jones, will focus on finance, HR, client care, business development and marketing. Nathan leads a team of highly knowledgeable and skilled strategic planners: Russell Smith, Polly Mason, and Alex Eatough, all of whom have expertise in strategic land promotion and major mixed-use and residential developments and all who have proven track records of adding significant value to land through their strategic planning advice. Alex is a specialist in town centre regeneration, mixed-use developments, student housing, and residential developments in rural and urban settings. This team marks an exciting time for McLoughlin Planning and its strategic planning capabilities.

Chris Fleming, Catherine Hoyte, and Chris Moore will oversee the development management aspect of the business. They will lead a team of highly skilled, caring, and professional planners who provide outstanding planning advice for rural, urban, commercial, and residential needs. Catherine Hoyte is an expert in development control management strategy. Sam Eachus and Catherine are not only town planners but also chartered surveyors. Sam is a dedicated rural planning professional and a member of the British Institute of Agricultural Consultants, bringing great value to the private clients and estates Chris Fleming advises. We are excited to introduce this expanded team of highly effective development management services delivered by exceptionally knowledgeable individuals.

In recent years, McLoughlin Planning has established an office in London and achieved success with numerous planning applications due to Chris Moore’s extensive knowledge of planning issues in the London boroughs. The team’s capabilities were further enhanced when Polly Mason joined in January. This capability will continue to grow with the experience and knowledge of the Plainview team, especially the expertise of Marcia Perkins, who has local know-how, experience, and a strong history of successful planning applications in southeast England. This focused expansion into the southeast accompanies McLoughlin Plannings’ considerable experience with projects throughout central and southern England, especially in Gloucestershire, Oxfordshire, Herefordshire, Worcestershire, and Warwickshire.

To find out more about our exciting additional team members, please click here.

“We are delighted to welcome the talented team from Plainview Planning into our fold. Together, we will continue to deliver exceptional, client-focused services that adhere to the highest standards of excellence and creativity in the planning industry,” – Nathan and Jenny McLoughlin. 

For more information, please email Nathan.mcloughlin@mplanning.co.uk or jenny.mcloughlin@mplanning.co.uk

What to expect

Class Q is a well-known part of the planning system which allows agricultural buildings to be converted to residential use as a permitted development right. From May 21st 2024, the Government’s latest changes will be brought into effect. The purpose of this Briefing Note is to highlight the key changes and critically, what they mean for those wanting to convert or make alterations to a barn.

The buildings are no longer solely limited to agricultural use

The first key change is that the building does not have to be in agricultural use, but it does have to be part of the same unit. Class Q has been amended to allow for the change of use of agricultural “buildings” to dwellinghouses. The building can be part of an established agricultural unit (i.e. an existing agricultural barn) or a former agricultural building that was (but is no longer) part of an established agricultural unit. Therefore, this amendment has the potential to release barns which may have served other purposes within an existing or former farm. This addresses a key issue we’ve found with Class Q applications in that agricultural buildings on farms often play host to a series of activities, not just agriculture (e.g. ancillary equine activities).

However, there are pitfalls, in the case of a Class Q conversion where a barn (the site), that was (but is no longer) part of an established agricultural unit and has been used for any other non-agricultural purpose, then they will not benefit from Class Q. What is unclear, is how this impacts barns where new or current owners have been using a barn unlawfully for an alternative use for a period below 10 years.

Floorspace and Unit Numbers are up

The amendments provide some positive news by increasing the number of homes which can be secured via a class Q from 5 to 10. To allow for this, the maximum amount of floorspace available for conversion has now risen to 1,000 sq.m. However, the floor space of any dwellinghouse developed under Class Q is now limited to up to 150sqm, a reduction on the previously permitted rights. Therefore, for example, to accomplish the maximum delivery of homes under Class Q, you could convert a 1,000sqm barn into ten dwellings, assuming each dwelling is no more than 100sqm.

This could reduce the attractiveness of buildings to single-occupiers looking for a ‘grand designs’ bespoke barn conversion. However, the trade-off is that more residential units can be achieved.

Extensions are allowed

You can now extend as part of Class Q with a single-storey rear extension for up to 4 metres. However, there must be existing hardstanding which was in place on the 24th of July 2023 which the proposed extension would replace.

Concluding thoughts

The changes are interesting and bring into sharp focus more potential than previously allowed for. However, the same limitations apply in terms of the siting of the building and the somewhat subjective decision as to what constitutes works which are “reasonably necessary” for the conversion to take place.

Whilst there are many welcome changes in the legislation, there are also new pitfalls, which can impact Farm and Barn owners looking to explore taking advantage of the new prior approval rights, particularly Class Q.

This is just a summary of the changes, and because of the delicate detail of these permitted development rights, it we cannot stress enough the importance of an early discussion to develop a strategy and plan how to manage your farm, barn, or forthcoming agricultural building purchase to ensure you can take advantage of the above-permitted development rights or alternative means of securing permission.

Our team of planning consultants are more than happy to answer any questions you have in regard to these changes.

Enquire today for your FREE consultation call.

McLoughlin Planning is delighted to confirm that Technical Details Consent (TDC) has been approved for a new self-build dwelling in the Cotswolds National Landscape (formerly AONB).

In 2021 Permission in Principle (PIP) was obtained for one dwelling at the site. The follow-up application for TDC was approved at Tewkesbury Borough Council’s Planning Committee as Ward Councillors voted unanimously in favour of the Officer’s Recommendation to approve the application. Together, the PIP and TDC approvals now comprise full planning permission.

Despite being outside of a Settlement Boundary, the Council were in favour of the proposal as it constituted an infill development in a part of the village characterised by detached dwellings. McLoughlin Planning managed to secure the support of all the technical consultees, and with the principle of development already secured, this paved the way for full planning permission to be granted.

This project demonstrates the effectiveness of the Permission in Principle route for secure planning permission for small-scale residential developments. If you have a similar proposal you would like to explore, please contact:

Joe Seymour

joe.seymour@mplanning.co.uk

01242895008

McLoughlin Planning has secured planning permission for a new rural exceptional farmstead home in Sussex.

Our clients own a parcel of land in Sussex, isolated in the idyllic Sussex countryside. Whilst planning permission would not normally be achievable for a new home in such a location, paragraph 84 of the National Planning Policy Framework sets out limited circumstances where new homes are permitted in isolated locations.

Point (e) allows for new homes where the design is of exceptional quality, reflecting the highest standards in architecture, raising the standards of design more generally in rural areas and significantly enhancing the immediate setting. To offer a brief history of the intention of Paragraph 84(e), it is widely accepted that Paragraph 84 is a modern continuation of what was originally referred to as “Gummer’s Law”, a means of protecting the long-standing tradition of building large British Country Houses. Therefore, Paragraph 84 sets out a series of scrupulous tests to demonstrate the proposal embodies this tradition.

Because of this high threshold, we worked closely with an experienced Architect and project team to develop an initial concept scheme. The vision for this proposal was to create an authentic country home, which is intimately connected to its place, improving the immediate habitat. Using the client’s and Architects’ extensive knowledge of renewable energy technology, the home aspired to be Net-Zero Carbon and install various technologies. The result was a home which visually resembled a typical Sussex Farmstead at a distance, but when approached, the building’s form, detail and sculptural quality give a clear indication of its contemporary design, successfully blending traditional building methods and materials with modernity.

With the support of ecologists and landscape consultants, a landscaping scheme was also prepared which would see the strengthening of a small woodland with further tree planting, wildflower meadows and work to an adjoining watercourse to support significant biodiversity net gain and enhancements to the surrounding character of the area.

McLoughlin Planning assisted in managing the planning strategy and the application through initial pre-application engagement with the Mid-Sussex District Council and through Design Review Panel presentations before developing and undertaking the submission of the planning application.

During the planning application process, McLoughlin Planning engaged with the Case Officer to assist in responding to statutory consultees, reviewing, and agreeing to relevant planning conditions and assisting in the preparation of an S106 agreement. Working proactively and maintaining regular contact with the case officer, we were able to secure planning permission under delegated powers.

We are overjoyed that this new multi-generational and exceptionally designed home has secured planning permission and look forward to seeing the development progress over the coming years to provide a new landmark in Mid-Sussex.

If you would like more information on the above, our Director, Chris Moore, is more than happy to help answer any questions you have in regard to new home builds in a rural setting:

Chris Moore

chris.moore@mplanning.co.uk

01242895008

Changes to the LURA. Planning Enforcement Changes will take effect from 25th April 2024

On the 2^nd April 2024, the Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 were made, with changes coming into force on the 25^th April 2024.

The effect of these changes is focused on the regulations relevant to Planning Enforcement. Some of these changes are significant to the present planning enforcement structure and therefore it is important to read the list of changes provided in the regulations to understand how this could impact you.

Some of the notable changes coming into effect on the 25^th April 2024 have been summarised below:

Temporary Stop Notices for Listed Buildings

Section 103 will bring changes to the Planning (Listed Buildings and Conservation Areas) Act 1990 (“the Listed Buildings Act”), giving powers to Local Planning Authorities which suspect that unauthorised works, or works in breach of planning condition(s), to issue a temporary stop notice requiring the works to stop for up to 56 days.

This is to allow the authority time to investigate the suspected breach, whereas previously stop notices could only be issued once a breach had been confirmed. It is also important to note the change creates an offence for contravention of such a stop notice.

Time Limits for Enforcement

On the 25^th of April 2024, you will no longer benefit from planning enforcement immunity after 4 years of operational development and/or change of use to a single dwellinghouse in England. Moving forward, operational development and/or change of use to a single dwellinghouse will need to demonstrate at least 10 years before an application for immunity can be made.

Duration of Temporary Stop Notices

Previously temporary stop notices issued by the Council could be up to 28 days. Moving forward, from the 25^th April 2024 this will increase to 56 days to provide the Council with more time for a local authority to investigate a suspected breach in planning control.

Enforcement Warning Notices

New powers will be granted to Council’s to issue enforcement warning notices across England. This notice will require the person concerned to submit a retrospective planning application within a specified period.

Undue Delays in Appeals

A new power granted to Planning Inspectors will allow them to dismiss an appeal in relation to an enforcement notice or an appeal relating to a lawful development certificate where it appears the appellant is causing undue delay to the appeals process.

Penalties for Non-Compliance

Whilst penalties already exist where a person does not comply with an Enforcement Notice, the amendment to the regulations allows the Council to issue a higher maximum level of fines for failure to comply.

Referring to the provisions set out in the Regulations, there will be in some of the above cases transitional clauses. For example, amendments to the time limits (4 to 10 years), would not apply where: (a) in respect of a breach of planning control where the works were substantially completed by the 25^th of April 2024; or (2) where in respect of a breach of planning control referred to in section 171B(2) of the 1990 Act, the breach occurred before the day on which the section comes into force (25^th April 2024), then the 10-year rule should not apply.

However, because the regulations are unclear and could be easily misinterpreted by Local Planning Authorities, it is strongly recommended that you seek planning advice on whether your proposal could benefit from a Lawful Development Certificate or retrospective planning permission.

Similarly, if you are concerned or unsure about how to navigate an Enforcement Notice, how to proceed with an Enforcement Appeal, or Retrospective Planning, then it is important to seek professional advice early.

If you would like an initial free consultation call to discuss the above further please contact:

Chris Moore

chris.moore@mplanning.co.uk

01242895008

McLoughlin Planning has successfully secured Permission in Principle (PiP) at Cotswold District Council’s Planning Committee to construct 2 dwellings in the village of Driffield, a non-principal settlement near Cirencester.

The most notable aspect of this PiP approval is that it is the first one since the Council adopted their strategy for mitigating against recreational pressures on Special Areas of Conservation (SAC). Until now, it has been considered that PiP applications cannot be granted at all within SAC Zones of Influence because there was no legal mechanism to tie the SAC mitigation payments to a PiP decision.

However, this decision shows the SAC mitigation payments can be paid upfront before a subsequent Technical Details Consent application is submitted.

If you would like more information on PiP applications please do not hesitate to contact:

Joe Seymour

joe.seymour@mplanning.co.uk

01242895008

According to Historic England, there are approximately 500,000 listed buildings on the National Heritage List for England (NHLE), varying from Grade I, II, II* listed buildings marking their contribution to special architectural and heritage interests and to protect these assets for future generations. Those who own a listed building and intend to undertake repairs, restorations, alterations, or extensions to their property may likely require either planning permission or listed building consent (possibly both!).

The challenge with determining whether you need Listed Building Consent is that often even works which may be considered “simple” may require consent. It is often a fact and degree assessment, considering the level, scale or intensity of the work proposed. If you undertake works to a listed building, where consent is required, it is a criminal offence, and the Council could take Enforcement Action.

This uncertainty can often prove challenging when trying to retrofit and improve the energy efficiency of listed buildings (EPC rating) to provide a more sustainable home or business. For example, installing an EV charging point, replacing, or adding secondary glazing or installing an air source heat pump/solar panel often require Listed Building Consent and/or Planning Permission. As Listed Building Consent applications can take approximately 8 weeks to be determined from validation as well, ensuring you capture all works within your application is important to help avoid delays to your project.

Seeking expert advice can help in determining before work commences whether Planning or Listed Building Consent is required. Working in partnership with experienced heritage consultants and architects, we have helped guide and support owners in securing their retrofit aspirations. Some examples to illustrate our recent experience working with listed buildings include:

• Consent for an EV Charging Point to a Grade II Listed Manor in the Cotswolds with Cotswold District Council.

• Replacement Windows and other Internal/External Alterations and Upgrades on a Grade II listed Hotel adjoining Hyde Park with Westminster City Council.

• Retrospective Listed Building Consent for the installation of Windows, Doors, and Internal Appliances in a Grade II listed home with Cheltenham Borough Council.

• Alterations to Shopfront on a Grade II* listed shop on Cheltenham’s Promenade with Cheltenham Borough Council.

• Replacing Roof Tiles on a High Street Store in Wooten under Edge with Stroud District Council.

• Providing a Planning Appraisal and Advice for the holistic enhancement of a Grade I Listed Manor in the Southwest of England.

If you are considering works to your listed property and are not sure whether you may require planning or listed building consent, then please get in touch with one of our experienced planning consultants for an initial FREE consultation.

T: 01242895008

E: info@mplanning.co.uk

Alternatively, you can book a meeting via the “book an appointment” contact form on our website.

McLoughlin Planning is pleased to have helped a property owner secure Permission in Principle (PiP) with the London Borough of Sutton for an upward extension (airspace) development for 9 new flats. This is the first approved Permission in Principle granted by this London Borough.

Due to the significant number of reports and plans required through validation for full planning permissions, we have been approached by SME developers to find a means of managing development risk and to ensure the principle of their aspirations is something which can be agreed with the Council before investing in the technical work required. This is particularly applicable to constrained inner-city urban development sites where upward extensions for airspace development can be met with resistance.

Following previous success in London in using Permission in Principle, we worked with the landowner to develop a scheme which could be presented through a PiP to secure the principle of airspace development for the property. As this application type considers only the location, land use and amount of development, the level of supporting information is a fraction of a full planning permission. Whilst it does not remove the considerations and risks of subsequent technical considerations, it does provide an opportunity to agree with the Council whether the amount (i.e. number of residential flats) and location of the airspace development is acceptable. As PiP’s are limited to up to 9 residential units, this type of proposal is ideally suited for smaller development proposals in urban areas.

Following submission, McLoughlin Planning worked closely with the Council and case officer to ensure the proposal was being determined correctly and to agree with the officer on the appropriate amount of development which would be realistic to approve for further technical consent.

We are so pleased to have helped provide the landowner with reassurance through the PiP of their property’s development potential and to secure another first with a London Borough.

If you would like a FREE initial consultation call to explore whether your property could benefit from PiP, then please get in touch!

Chris Moore,

chris.moore@mplanning.co.uk

01242 895008

Working with a landowner in the centre of Nottingham, McLoughlin Planning is pleased to have secured prior approval consent for the conversion of a disused retail/office space to provide a mixed-use retail (ground floor) with residential flats above.

Upon purchasing the property, the landowner approached us to appraise the property’s planning opportunities to bring the building back into viable use. Whilst its mid-terrace layout and town centre location brought several physical constraints and some policy constraints (i.e. Conservation Area), we believed the building could take advantage of its very sustainable location to provide a mixed-use development.

Class MA prior approval rights provide owners of Class E commercial properties with an opportunity to secure consent for residential use permitted development, provided they can demonstrate the property passes a few limitations and conditions.

Assessing the property against the requirements of Class MA and working closely with the landowner’s architects (Kenko Architects), we were able to present a case which demonstrated compliance with prior approval to provide 3 x residential flats with a retained retail ground floor. This included demonstrating that the proposal will preserve the Conservation Area.

With previous success applying for Class MA conversions to provide new homes (see our article here), we are pleased that we were able to help the landowner find a new use for the property and provide new homes in the City of Nottingham.

If you would like a FREE initial consultation call to explore whether your property could benefit from prior approval rights, then please get in touch!

Chris Moore,

chris.moore@mplanning.co.uk

01242 895008