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

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

Planning applications submitted on and after 6th December 2023 will be subjected to an increase in fees as follows:

1. 35% increase in planning application fees for major applications. (Major applications are more than 10 units or sites of more than one hectare)
2. 25% increase for other applications (this includes prior approval applications, householder and minor applications)
3. No more “free-go” for repeat applications. Unless the application was refused or withdrawn in the 12 months before 6/12/23 and if all the other conditions of free-go are met.
4. No ringfencing of planning fees. Fees will not be safeguarded to stay within the planning department, they become general income.

It is also of note that fees are now set to rise annually with inflation from 1 April 2025 (measured by the Consumer Price Index from the prior September), but will be capped at 10%.

The planning guarantee is “the government’s policy that no application should spend more than a year with decision-makers, including any appeal”. This means that in practice planning applications should be decided within 26 weeks, this is to be reduced to 16 weeks for non-major applications, unless there are exceptional circumstances.

The Department for Levelling Up. Housing and Communities hopes that by increasing fees, there will be more resources to improve the capability for a quality and timely planning service. However, the Government has back-tracked on a plan to allow planning departments to use the increased revenue for themselves, this feels like an opportunity missed.

Consider a planning application for 15 homes for a detailed scheme which currently costs £6,930 (£462 per dwelling x 15) this will increase to £9,355.50 or a £200 homeowner application fee, which will rise to £250 (not including the planning portal fees). These are not insignificant increases.

The Planning Portal has explained how the Fee increase will be implemented which is critically important for those paying by BACS or Cheque.

The Portal guidance states:

“Where payment is being made by bank transfer or cheque – Using these methods takes longer for payment to reach us, be processed, and complete. Therefore, when using these methods (either directly or via nomination), you should ensure that the payment is received by us in time:”

The payment needs to be processed before the 6th December deadline, therefore critically the following timeframes should be allowed for:

“Bank transfer – Please allow at least 5 full working days – Make the payment no later than 28 November 2023

Cheque – Please allow at least 10 full working days – Send the cheque using first-class post no later than 21 November 2023”

Our advice is if you have an application that could or should be ready to submit before the 6th of December (especially a major one!), let’s work together to get it in, otherwise there is a need to keep wary of the quick passing of time and get applications submitted before the next increase in April 2025.

McLoughlin Planning are pleased to have sustained the planning permission for Sheen Mount Primary School’s swimming facility in Richmond, London.

The additional hours will support a health and wellbeing initiative by the school for their staff and provide additional swimming lessons for children on a new scholarship programme to learn this life-saving skill.

Whilst variations to opening hours can be straightforward, in this instance the school’s proximity to neighbouring residential properties and local parking constraints, concerns relating to an increase of noise from the swimming facility during weekends and the impact of drop off and collection on highways were raised by residents and the highway officer.

Working proactively with both the case and highway officers, and using TFL highway data, we were able to demonstrate that students primally travel to the school by foot/cycling or scooter rather than by car and that travel is highly sustainable. In addition, we were able to reach an agreement on limiting the number of students per lesson to manage the level of movement and noise from the facility.

We are so pleased to have helped ensure that further students will be able to secure lessons for such an important lifesaving skill and provide education staff with further opportunities to support their well-being.

4 key successes:

• Earlier opening times for students and staff to utilise the facilities.
• Evening swimming classes.
• Noise management plans controlled.
• An opportunity given to children who want to learn this life saving skill.

📞 If you would like a FREE initial consultation call, then please get in touch!

Chris Moore,

chris.moore@mplanning.co.uk

01242 895008

McLoughlin Planning are pleased to have helped secure Permission in Principle for up to 6 residential flats in the London Borough of Lewisham. This is the first Permission in Principle application determined, and approved, by this London Borough.

The landowner approached us to help find opportunities to holistically enhance and expand an existing mixed-use commercial and residential property to provide additional apartments. Through our initial planning research, we found evidence of neighbouring regeneration taking place and upward extensions permitted on other corner plot properties within the Borough offering comfort that such a proposal could be supported. However, because of site specific planning constraints (such as a nearby listed building) and the Council’s lengthy planning validation requirements for a project of this nature, the landowner wanted some reassurances from the Council that in principle the proposed development could be supported before investing in the work required for a full planning application.

Permission in Principle applications (PiPs) are a useful planning tool for landowners seeking to initially secure an “in principle” agreement with a Council on their proposed development. The application type considers only the location, land use and amount of development. PiP’s are limited to up to 9 residential units and therefore are suited for smaller rural development proposals or intensification or smaller brownfield developments in urban areas.

Following submission, as this was the first PiP in the London Borough of Lewisham, McLoughlin Planning worked closely with the Council to help ensure the Permission in Principle application was being determined correctly and to assist with providing additional information and reassurances (where required). Working with a proactive case officer, we are pleased to have successfully provided the landowner with the required comfort for a new sustainable development, and a new local case study on the benefits of Permission in Principle for property owners within the Capital.

📞 If you would like a FREE initial consultation call, then please get in touch!

Chris Moore,

chris.moore@mplanning.co.uk

01242 895008

Permission granted for 5 dwellings in Blockley, Gloucestershire, Cotswold District Council

Mcloughlin Planning are thrilled to have helped a landowner secure planning permission for the demolition of a single dwelling and the erection of 5 well designed dwellings in a sensitive location in the centre of Blockley.

The proposal site formed an existing dwelling and commercial garaging in the centre of Blockley, set within the Conservation Area and the Cotswold AONB. Working closely with the Architectural team, technical consultants and the client, we evolved a scheme which would make best and most viable use of the site taking into consideration the  constraints of the site, including the size, location sensitivity and existing conditions.

Being in the heart of Blockley it was important to engage with the Council and local community to understand their assessment and thoughts on the development. The Council agreed that the proposal was proportionate in scale, complimentary to the character, and supportive of the vitality of the local community and therefore considered acceptable.

The development site’s location in the AONB and Conservation Area and with a high number of mature trees, meant that the architectural design, landscaping, and layout of the proposal needed to be carefully considered to be sympathetic and where possible enhance the existing conditions to reflect the prevailing character and appearance of the area.

This project demonstrates the importance of a carefully considered scheme designed holistically to ensure the proposal addresses the constraints and provides betterment where possible, and the importance of a well-assembled project team.

📞 If you would like a FREE initial consultation call, then please get in touch!

Chris Fleming,

chris.fleming@mplanning.co.uk

01242 895008

Picture reference: drawings completed by the company we worked with for the project, Tyack Architects