Sectors

McLoughlin Planning has had recent success in promoting land for 400 homes in the green belt at Elland in Calderdale Borough. For the past three years, the Local Plan has been at Examination, where we have made the case for the allocation of the site for housing and its release from the green belt. Last week, the Local Plan Inspector confirmed that the site should be allocated for development in her recommendations to the Council.

The history of the Calderdale Local Plan is complex, being one of the last Local Plans to be examined under the 2012 NPPF. These Plans were reliant on Strategic Housing Market Assessment (SHMA) to calculate the Local Plan’s overall housing requirements.

At the Regulation 18 stage, we successfully secured the allocation of the site in the Plan as part of the Plan meeting its SHMA housing requirement. Unfortunately, Council Members decided to removed the site from the Regulation 19 version of the Plan as they sought a lower housing target, ignoring the findings of their own SHMA.

Presenting evidence to the Examination, we were able to demonstrate the case that the Regulation 19 version of the Plan did not meet the requirements of the 2021 Framework. The Inspector agreed with our arguments and directed the Council to revert back to the Regulation 18 version of the Plan in terms of providing a higher housing target and re-allocating the site for development.

This success is the result of many years of perseverance, first working with the landowner in 2015 and then subsequently with Avant Homes. As part of our wider work, we have been responsible for assembling and managing a team of consultants to produce a Site Promotion Document, undertake EIA Screening and engaging with the Council on pre-application advice. We are currently advising on detailed layout matters with a view to submitting a planning application later in 2022.

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!

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 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 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 pleased to have assisted in securing a householder Planning Permission for extensions and alterations to a family home in Camden, London.

Previous experience works in our favour for London build extensions

McLoughlin Planning was approached after the submission of a householder planning application with the London Borough of Camden. The architecture firm, Simon Miller Architects, who we worked with on this project, received correspondence from the assigned case officer, who raised concerns about elements of the proposal to extend the family home and wanted to provide additional space to the rear and convert a ground floor garage to provide an additional internal living space.

New planning Administration Approach? We are here to help!

Due to a recent change to Camden’s internal planning application management policy, applicants are being advised that they will get one opportunity to submit corrections (if the Camden Council considers a route forward can be agreed) before a decision is issued. Negotiations and contact with CamdenCouncil’s planning officers are also limited because of this new policy. Therefore, the scope for engagement and agreeing on a way forward is heavily constrained.

Let’s go back to the beginning – reviewing existing plans and sourcing relevant policiesequals planning permission granted!

Working from the email feedback provided, we reviewed it against the relevant Local Plan policies and provided the architect with feedback on how to amend the proposal and a supporting letter offering further policy justification and feedback to the planning officer to assist in revisiting the plans. Following the submission of this additional information, we then helped the architect and applicant with further correspondence with the Council and a review of proposed draft planning conditions provided by the planning officer before the Decision Notice was issued.

By assisting through the later part of the management of the application, we are pleased that a positive outcome could be reached and Planning Permission granted.

Seek planning advice for a smooth sail application process

The above application is a reminder that seeking planning advice before submission can help to manage the need for potential amendments, particularly where Local Planning Authorities are adopting a “no negotiation” or “limited submitted amendments” policy. However, our flexible working approach means that should you need input or advice from one of our planning professionals during your planning application, then please do not hesitate to contact us below:

Chris Moore – Director

T: 01242895008

E: chris.moore@mplanning.co.uk

Nathan McLoughlin and  Joe Seymour worked with the team of consultants that has successfully secured full planning permission, at appeal,  for 45 new homes at Gotherington on behalf of Lioncourt Strategic Land Limited.

This Appeal Decision is noteworthy because it led to confirmation that Tewkesbury Borough Council (TBC) cannot demonstrate a 5-year housing land supply; the best estimate of its housing supply is judged to be 3.39 years. This leaves the Council in a difficult position, which originates from its failure (as part of the Joint Core Strategy (JCS)) to undertake the immediate review that it promised in return for the JCS’s adoption over 5 years ago. This is compounded by the fact that the JCS review process is a number of years away from being resolved. So, there is no easy fix without more speculative applications and/or the long-delayed strategic housing sites coming forward.

However, 5-year supply is only one part of the case for a planning proposal, it is essential that there is a well-designed and reasoned scheme, which fits with the principles of development in the NPPF and the Development Plan. Working closely with the wider team Nathan and Joe explored the previous Appeal and the sensitive landscape issues which affected it. A detailed analysis of the state of the community facilities and services in the village was undertaken to demonstrate that contrary to the Council’s position, the development would not lead to social cohesion issues.

The Inspector at this appeal made remarks on TBCs development plan that were significantly damaging to this and any future counter-argument, the council might have,  against developments in Tewkesbury District;  the “most important” policies in the development plan were deemed to be out-of-date by the Inspector and paragraph 11 d(ii) of the Framework was held to apply. In addition, the Inspector judged that Policy SP2’s numerical limits on housing development in service village locations were for making allocations and not determining applications.

In paragraph 158 of the Decision, the inspector states:

“In my view, it is of central importance to keep in mind that housing is occupied by people. Dealing with numbers obscures that. The lack of a sufficient forward pipeline of deliverable housing sites will inevitably mean that the housing needs of many people will not be met.” 

This is why the team at McLoughlin Planning do what they do, we care about creating enough homes for everyone.

Nathan McLoughlin was the lead planning witness, Joe Seymour provided support and great skill in assembling and running the Appeal. The wider team included fellow witnesses Cameron Austin-Fell (RPS), and Mike Davies (Davies Landscape Architecture), overseen by Peter Goatley KC on behalf of Vicky Bilton and Andy Faizey at Lioncourt.

McLoughlin Planning was approached by Unity Land to support its efforts to promote the comprehensive redevelopment of Fairoaks Airport to provide a modern general aviation airport, with a focus on providing facilities for supporting sustainable aviation and the latest EV technology. This was as a direct competitor to other proposals which sought the redevelopment of the site for a new garden village in Surrey Heath.

Situated in the Green Belt, on the outskirts of Working and adjacent to Mclaren HQ, Fairoaks is an important general aviation airport in the south east. Its faciliites are delipidated and in need of urgent upgrading. Unity Land is commited to acquiring and heavily investing into the Airport to make it a modern facility, securing and promoting jobs in high skill positions in the aviation industry.

Working with John Steel QC (a leading aviation specialist) McLoughlin Planning is responsible for the preparation of the planning case for the development, working with the Unity Team (including 5Plus Architects, ARUP and specialist aviation consultants) to provide a conclusive case for the redevelopment of the site and demonstrate the clear economic benefits of development in an area where there is a high demand for commercial floorspace.

This has involved examining how the unique permitted development rights enjoyed by airports can be used to engineer a case for the wider redevelopment of the site and how planning policy at both local and national level, supports the retention of general aviation airports across the country.

The work is currently on-going.

Charlton House, is the global headquarters of Spirax-Sarco Engineering plc, a FTSE 100 company and is one of Cheltenham’s largest employers. It has occupied the site since the 1940s.

Charlton House is a complex site, involving a Grade II listed building and has been extended in the latter half of the 20 Century.

Spirax-Sarco were faced with a dilemma, the modern office extension was reaching the end of its operational life, it was poorly configured and ill-suited to modern working practices.

Given the need for change, the company appointed McLoughlin Planning and Roberts Limbrick Architects along with a multi-disciplinary consultant team to advise on options for redevelopment, to provide a modern, highly energy efficient work-space, fit for the 21 Century.

Working in partnership with Roberts Limbrick Architects we took the company through the various options available in terms of demolition and replacement structures. Refurbishment was out of the question. The fundamental challenge was to balance the need for a modern office space against the need to respect the character and setting of Charlton House. This demanded a creative and bold confident approach.

At an early stage of the project, the company sought to embody its environmental commitments into the project and working with the team, decided on a strategy which would deliver the County’s first ever BREEAM (Building Research Establishment’s Environmental Assessment Method) ‘Outstanding’ building, which is a very high bar in terms of measuring its environmental performance. Less than top 1% of new non-domestic buildings in the UK are within the Outstanding category so this is a significant achievement. ‘Outstanding’ building.

The new extension contains open-plan office space, break-out areas, an auditorium, a gym and changing facilities. Securing the renovation of the company’s global headquarters will help to consolidate their position in Cheltenham and will secure existing and attract new high-skilled jobs in the town for years to come.

McLoughlin Planning explained and guided Spirax-Sarco through the planning process, submitting the planning and listed building applications for the redevelopment. We were able to demonstrate that the bold, superior architectural design of the replacement extension clearly outweighed the minor harm that would be caused to the historic fabric of the listed building.

As part of the process, we equally advised the company on concerns raised from local residents which focused on the height of the new five-storey extension and the disturbance that would be caused during the demolition and construction phases of the development. Again, we were able to demonstrate to the Council that the development would not be detrimental to neighbouring residents and the applications were approved by the Council’s Planning Committee only four months after submission.

We are pleased to be part of the impressive team which are helping Gloucester Rugby Club with its new training facilities and Kingsholm Pitch Upgrade works.

Working with The Development Studio https://www.tds.uk/ and the wider team, we have now submitted the applications to the Council and will be moving forward with securing their validation and ultimate determination.

Having assessed the proposals against the development plan, there is a clear planning policy case for the proposals. These policies, along with other associated documents from the Council underline the importance of the Club to the City, not just on match days but also in terms of the wider reputation of the City.

This underlines the importance that major business have in ensuring the economic success of a town or City and why this should be taken seriously in the determination of planning applications.

McLoughlin Planning has secured planning permission to redevelop Ellen Badger hospital, Shipston-on-Stour, Warwickshire to provide a much-needed BREEAM Excellent integrated health and well-being community hub, that includes a medical centre, café, well-being centre, and a community garden. The project is a great example of the NHS pulling together its different functions and services.

Whilst the proposed development replaces an existing medical centre, the development’s edge of settlement location, re-siting, and a significant increase in size (both in floor space and height) to accommodate the additional demand of the local community were key planning and design issues which we needed to assess and overcome.

We worked closely with architects One Creative to ensure the proposed development respected its context and edge of the settlement location to provide a positive example of new development for the community. For example, the existing river to the back of the development site has been incorporated into the scheme as part of a community garden creating a place for nature and tranquillity.

Our understanding of the policy requirements of Stratford District Council, and the undertaking of a meaningful pre-application submission and public consultation allowed us to advise the South Warwickshire NHS Foundation Trust on a planning strategy to ensure that the parameters of the proposed development were policy compliant.

Due to the scale of the development proposed and, for the Trust to retain essential services for the community, we worked with the Council to find an appropriate way through suitably worded planning conditions to break up the development into 2 phases. This avoided the need for two separate planning applications and provide a clear and single reference point for the Trust to ensure compliance with their planning permission.

McLoughlin Planning were appointed by Cameron Homes to assist it in securing reserve matters consent, pursuant to an outline planning permission.

Blockley is a village in the north Cotswolds and the site is sensitive, being subject to a number of environmental designations as well as technical constraints that limit the site layout. Given the sensitivity of the site, it was essential that a bespoke approach was adopted and Cameron Homes were ideally placed to deliver this, supported by Tyack Architects, designing the development.

The proposals were the subject of considerable discussion with the Planning and Conservation Officer at Cotswold District Council and the carefully negotiated approach paid dividends in securing officer support for the development, which balanced up the competing needs in a high quality scheme, reflecting the best of modern architecture in a sensitive environment.

This project enabled us to help build a new community of 198 much-needed new homes. We were brought in to secure outline permission for the landowners and retained by the developer to see the project through reserved matters.

We helped design a landscape-led development with a strong sense of place, including a tree-lined avenue and hedges which highlight the beautiful Cotswolds backdrop. A new park was created too, which all contributed to maintaining the legacy for a conscientious landowner.

We overcame many difficulties, not least ensuring that the requirements of an EIA-based application were met. We balanced the needs and desires of the council, landowners and developers, showing that we can solve challenges by bringing people together and building strong relationships. Our project management skills were also vital in seeing the proposals through to submission and discharging conditions.

McLoughlin Planning was appointed by Kier Construction to provide planning consultancy advice as part of a multi-disciplinary team.

McLoughlin Planning was appointed by Kier Construction to provide planning consultancy advice as part of a multi-disciplinary team to deliver Full Planning Permission for a new 2 Form Entry Primary School and nursery in the Quedgeley area of Gloucester.

The application was complex and contentious, as it involved the loss of an area of undeveloped land in the City, which was used by local residents for informal recreation, notwithstanding the fact that it was allocated for educational purposes and not protected for open space. This eventually saw the application being successfully determined at Appeal.

Through the Appeal process, we were able to provide a robust planning case, highlighting the development plan context for the site and the compelling guidance provided by Government regarding the provision of new schools. In addition, we were also able to draw on the Council’s own evidence regarding the availability of open space in the area to demonstrate to the Inspector that there was a surplus of the type of open space in the area, thus allowing him to better balance the competing needs of the Case.

We also provided extensive support in negotiating the Statement of Common Ground, which resulted in a number of Reasons for Refusal being dropped by the Council, thus ensuring that Inquiry time was minimised.

Planning permission secured for the conversion of an agricultural building in Moreton in Marsh to new purpose built equestrian facilities.

Cotswold Riding School approached McLoughlin Planning to help support their plans and aspirations to relocate their riding facilities to a new site near Moreton on Marsh, Cotswold. The riding school had secured a previous agricultural site with a derelict barn and wanted support to secure the conversion of the land and barn, as well as advice and support for the erection of a new purpose built stable and riding arena to allow the new business to move onto the site.

Chris Fleming worked with the riding school to support their aspirations and advise on an appropriate planning strategy. Following an initial site appraisal, Mcloughlin Planning helped with assembling the planning application with the project team, by preparing a supporting planning statement and submitting and managing the application with Cotswold District Council through to a decision.

The case was structured around being able to evidence the importance equestrian businesses have in supporting the rural economy and how stables are visually common and expected built forms in the countryside.

Officers agreed with the assessment and planning benefits provided by the proposed development and we are pleased that planning permission has now been granted. The new riding school will be a positive new addition to the Moreton on Marsh community.

Mcloughlin Planning has successfully secured planning permission for the conversion of an agricultural building in Sandhurst, Gloucestershire.

Our client had previously secured prior approval for the erection of an agricultural barn to support their existing wider farming operation.

Having secured this approval the owner included (as part of the build) an internal space to provide a shooting lodge.

As their prior approval had limited the use of the barn to solely agricultural use, we were asked what could be done about this? Having a strong working relationship with the Council we were able to agree steps forward and therefore prepare and submit a planning application.

Chris Fleming, one of our Associate Directors, has years of experience working with rural land and property owners across Gloucestershire and the South West. His experience and expertise offered useful insight into the best planning strategy to ensure a robust planning application.

Demonstrating that the shooting lodge offered opportunities for farm diversification and that the proposal would not result in any planning harm, Chris worked closely with the Case Officer and Head of Planning at Tewkesbury Borough Council to reached a positive outcome.

This project is a great example of the importance of understanding restrictions and opportunities from planning decisions and experience in understanding rural planning policies.

We are so pleased that our team were able to add value to our client’s project and that the Cotswolds has a handsome new shooting lodge in its midst.

McLoughlin Planning is pleased to have secured planning permission for the conversion of a Poultry Barn to provide a large new family-sized home in the Forest of Dean.

The barn was previously used to house poultry, but this has become unviable due to changes in farming practices which have impacted the number of birds which could be housed, and the bread of birds reared, the farm owner needed to find an alternative use for the building.

Given the barns’ location, away from services and settlements, planning policy provides a very limited list of exemptions for what can be secured. However, it is structurally sound, has a large footprint, has good access to a public highway and has impressive countryside views; its regeneration into a dwelling was considered a sensible way to make efficient use of the property.

Referring to paragraph 80 of the NPPF, which allows for the re-use of disused or redundant buildings in the countryside, in conjunction with Class Q permitted development rights as a fallback position, we were able to successfully argue that the principle of converting the barn would be acceptable.

In addition to the principle of development, consideration needed to be given to the impact of the proposed conversion on the countryside. Working closely with the team at RRA Architects, a design was proposed which would set back window openings into the elevation to reduce visual impact and incorporate parking, bin, and cycle storage all internally to avoid any external domestic paraphernalia that may otherwise be perceived as harmful to the countryside.

Furthermore, working with Ros Wilder Ecology, additional planting, landscaping, and bat/bird boxes were proposed to enhance biodiversity net gain and reintroduce foraging flight paths for bats and local birds.

The Council worked proactively with us to include reasonable planning conditions to secure the environmental benefits of the scheme. We are really pleased to see the efficient re-use, great design and new home an unviable poultry barn can provide.

McLoughlin Planning secured planning permission for 3 new agricultural buildings, 2 silage pits and other improvements at Ferris Court Farm near Stroud.

Ferris Court Farm is a Red Tractor approved agricultural business dealing in a combination of arable crops and livestock. The farm currently accommodates 120 beef cattle, 20 rare breed pigs and 8 rare breed egg-laying hens. The planning permission allows the farm to increase its capacity of livestock and arable crops helping to safeguard the future of the farm which has been run by the Cullimore family for generations.

McLoughlin Planning had to negotiate skilfully with the Council as the site is located within the Cotswolds AONB and the development was in the vicinity of listed buildings and a nearby residential property. The Council agreed that the benefits of allowing to the farm to improve its facilities in the manner we proposed would not have any negative impact on the landscape or the nearby historic buildings, whilst also protecting the amenity of neighbouring residents.

McLoughlin Planning are delighted to obtain planning permission on behalf of our client to construct an outbuilding to the rear of their property to be used as a garden office. This is a development that is becoming ever more popular in the aftermath of the Covid-19 Pandemic which has seen working patterns change with a greater propensity for people to work from home.

The property in question is in the village of Upper Dowdeswell in the Cotswolds. The period building is within a Conservation Area where the design of extensions and outbuildings are more strictly controlled. The property is also next door to a Grade II* listed building which meant the design of the outbuilding could not harm the setting of the nearby designated heritage asset.

Despite these constraints, McLoughlin Planning achieved planning permission for a contemporary garden office constructed with vertical timber cladding, slimline aluminium windows and doors and an asymmetric sloping roof expertly made by Koto Design. The Local Planning Authority agreed that the modern design was a refreshing addition to a period building, and it blended in with its surroundings seamlessly.

Outbuildings are often seen by Local Planning Authorities as a good compromise for allowing additional floor space to be created at historic buildings without causing harm to their historic fabric, as is often the case with an extension.

The result of this development is a quiet working space away from the noise and disruption of a family home. If you are considering the construction of your own home office please feel free to contact us to discuss your project further.

McLoughlin Planning has been responsible for providing planning consultancy services to the airport across a number of issues.

Gloucestershire Airport is the country’s leading general aviation Airport with up to 80,000 flight movements per annum ranging and is an important part of the County’s economy. McLoughlin Planning has been responsible for providing planning consultancy services to the airport across a number of issues, including:

• Strategic Planning regarding the long-term potential of the airport’s landholdings, maximising its development potential for a wide variety of airport related and wider aviation industry related uses.
• Masterplanning of the Airport Property portfolio,
• Exercising Permitted Development Rights for new hangar and road infrastructure. This has culminated in a new hangar building, supported by the GFirst Local Enterprise Partnership.
• Securing the use of hangar buildings for a new Airline Pilot Training Academy and accommodation block for students.

Contextually, the airport is situated between Cheltenham and Gloucester and sits in the green belt. Development in this area is sensitive by its very nature. We have worked extensively with the airport and its infrastructure advisory team and local members to build a strong support base for the various proposals to ensure that they are successful.

Mcloughlin Planning is working closely with the owning family to secure planning permission for the use of this Grade 2* Listed Building for events

Mcloughlin Planning is working closely with the owning family to secure planning permission for the use of this Grade 2* Listed Arts and Craft Building for weddings and other social events as part of a wider diversification project, to provide a valuable income stream to assist in the upkeep of this significant Arts and Crafts property which attracts visitors from all over the world.

The house, designed and built by the renowned architect Detmar Blow and run by his grandson, of the same name, has been a central feature in cultural circles for a number of decades. As part of taking the house forward into this century, the house is licenced for weddings and an architecturally unique Palace Yurt is proposed to be erected on the site throughout the summer to allow weddings and other social events to take place.

McLoughlin Planning, working with the family’s other advisors has led a small team of experts dealing with the various issues associated with complex listed buildings cases to put forward a strong case for the development. This has included working with English Heritage.

Ian Coley shooting school (based in Cheltenham) approached McLoughlin Planning for help securing planning permission for the club house and to extend their shooting ground.

Ian Coley shooting school approached McLoughlin Planning for help securing planning permission for the modernisation of the club house and to extending their shooting ground. The successful shooting school based in Andoversford, Gloucestershire and run by Ian Coley MBE, former Olympic shooting team coach, wanted to expand the shooting area.

Ian Coley Shooting attracts visitors from around the country and has been rated as one of the best shooting grounds in the UK. Reflecting its position, there was a need to upgrade and expand the existing club house to provide an enhanced visitor experience and bigger gun shop. In successfully securing planning permission, we were able to draw on the support for rural enterprise set out in the NPPF, as well as policies in the Cotswold Local Plan.

As part of the wider proposals, McLoughlin Planning has also successfully secured planning permission for the extension of the shooting ground, working with Lepus Consulting on the various complex ecological issues associated the management of protected woodland and clay pigeon shooting.

INVISTA Brockworth has been part of the Brockworth since the late 1950s starting as British Nylon Spinners, then ICI followed by DuPont. As an internationally recognised centre for nylon fabric production, McLoughlin Planning has been instrumental in helping the company move forward with reducing its energy consumption by securing Certificates of Lawful Development for various plant installations across the factory.

Installing plant and equipment benefits from Permitted Development Rights and as part of the company’s drive to promote energy efficiency at the plant, it has installed combined heat and power plants and the latest condenser technology. In both cases, McLoughlin Planning has prepared, submitted and managed the Certificate of Lawful Development process to ensure that INVISTA has the necessary consents in place to ensure that the plant benefits from permission as quickly as possible.

This project demonstrates a number of services successfully provided by McLoughlin Planning.

We were originally asked by the landowners to advise on the development potential of the site for housing development. Whilst allocated in a draft Plan for 75 homes, we could see a compelling planning case for increasing the size of the development to 150 homes, by doubling the site area and providing a form of development which was better integrated into the settlement, than had originally been proposed.

The site was subsequently acquired by Welbeck Strategic Land and we assembled a technical team to pursue a planning application on their behalf, citing housing land supply issues and the emerging allocation as the basis for the proposal. In addition, we also worked closely with the Parish Council to explain our proposals and provide reassurance that Welbeck’s proposals would be realised by the ultimate developer of the site.

The application process was complex, involving an Appeal and a subsequent application addressing technical concerns in the Appeal Decision. The second application was approved at Planning Committee, where we were required to answer a number of technical questions posed by members.

The site was subsequently sold to Bovis Homes, who have since developed the site

Working through viability issues and negotiation on section 106 contributions to secure outline permission for 125 new homes.

We are delighted to have secured outline planning permission for 125 extra homes on the edge of Faringdon, Vale of White Horse District by appeal last week on behalf of our long-standing clients, Welbeck Strategic Land.

The Appeal decision has generated comment in the Planning press, primarily due to the viability issue. However, there are other areas of note for our clients to consider for their own development interests.

The Appeal site formed part of an allocation in the Local Plan for “around 200’” dwellings. 200 dwellings had already been provided on the northern half of the allocation. From the very outset, we secured the support of the Case Officer that the use of the term “around” did not preclude additional dwellings coming forward.

This principle was very important in the determination of the application. It highlights that there may be opportunities within allocations to increase levels of development, depending on the terminology used on the number of dwellings.

Prior to the Appeal process, the application was subject to 18 months of detailed, careful negotiation with the Case Officer and her advisers on viability matters. With an agreement secured on viability, the Application was presented to Planning Committee with a recommendation that planning permission should be granted.

Despite the Case Officer’s best efforts the Planning Committee disagreed with her recommendation and refused the application for, in their mind, failure to deliver a sufficient section 106 package of contributions.

The appeal decision is interesting in that the Inspector decided that not all of the Councils’ leisure contributions should be upheld, despite them being agreed at the time of the Planning Committee.

This shows the value of negotiation and evidencing the value of contributions and we are pleased that the Inspector could see the reasonableness of the situation.

We are very happy to secure the Appeal and be part of a great team led by Dankolinsky QC, working alongside Will Seamer of Montagu Evans, John Baird of Osborne Clarke and Anthony Hooper of Wakemans.

McLoughlin Planning were instructed by the National Trust, to prepare and submit a Planning Application for a trail across the Wimpole Estate.

McLoughlin Planning were instructed by the National Trust, working with Sport England, to prepare and submit a Planning Application for a multi-use trail across the Wimpole Estate.

This was a complex application because of the needs of the many invested parties involved. There was the requirement to ensure it would successfully fulfil it’s intention to provide greater access to the Wimpole Estate for disabled people, whilst being sympathetic to the landscape and visual impact of the trail and the potential for conflicts between users of the trail and horse riders using existing bridleways.

The Wimpole Estate, near Cambridge, attracts 320,000 visitors per year and is renowned for its scenic beauty. The National Trust is working on a programme to update the Estate to enable it to flourish with the increased visitor demands. McLoughlin Planning were delighted to play their part in this programme.

McLoughlin Planning is pleased to have secured planning permission for the extension and alteration to an existing Garden Centre, the erection of a new Commercial Storage Building and a new on-site café in South Gloucestershire.

As a result of Enforcement Action being taken against the landowner, we were engaged to review the property’s planning history and the alleged breaches in the enforcement notice to provide a planning strategy to regularise the use of the site. The property had a long and complex planning history, but following a detailed assessment, we managed to establish that the lawful use of the site was a Garden Centre.

As the enforcement notice had taken effect by the time of our instruction, we advised the landowner to comply with the notice. In parallel, we worked with the landowner on preparing a planning application which would allow the lawful business to diversify and secure the necessary on-site secure storage needed for the business’s products and equipment.

Without on-site improvements, the landowner would have been left with a small structure to display goods, and shipping containers to the rear to act as storage for goods and equipment. We made the case that the proposal would allow for the visual enhancement of the proposal site and would support the growth of a rural enterprise by providing a high-end café and garden centre as an alternative shopping option to the adjacent Dobbies Garden Centre.

With close work with the Council, we were able to proactively resolve any queries regarding the development. For example, concerns were raised about whether the business would harm the neighbouring Dobbies Garden Centre; for which we were able to demonstrate that the offering at this business is aimed at a different audience to Dobbies. We were also able to agree with the Council means to secure on-site improvements, such as EV charging, new vehicle hardstanding, and cycle parking.

We are thrilled that the landowner has secured planning permission for a well-designed and high-end Garden Centre and Café. Given the importance small businesses play for the economy, particularly in rural areas, we are pleased that we were able to support the retention and growth of a valuable business in South Gloucestershire. It was a pleasure working alongside Southpoint Architects who were leading on the design.

We worked collaboratively with Quattro Design Architects to guide the project through a complex planning process.

Located at the foot of the Malverns in the AONB, the village of Colwall was educating its children in portacabins after its century-old primary school was damaged beyond repair in floods. The environment was not good for learning and it was costly to the council.

After complications involving competing requirements between the neighbourhood plan design guide and the council’s desired approach, we worked collaboratively with Quattro Design Architects to guide the project through a complex planning process.

We carried out a thorough round of community consultation to ensure local buy-in, resolving problems around the site and the proposed look and feel of the building. This helped us take the application through to successful determination, giving the village a school that it badly needed with a design that was sensitive to the local area.

This was an ultimate grand design to match even the most ambitious dream home project. Working with architect, Richard Parr, we were involved from start to finish of this project nestled in a 150-acre farm in the spectacular Oxfordshire countryside.

The existing Cotswolds farmhouse cottage needed significant upscaling to meet our client’s needs for more space alongside first rate equestrian facilities. The sensitivity of the site, which lies near Chipping Norton, meant we were required to work hard with the project team and planning authority to meet the needs of our family client by making the case for an innovative development.

The result is a bespoke solution to delivering a beautiful 20,000 sq ft home marrying modern construction and traditional craftsmanship.

Collaborating to secure planning permission for a new state-of-the-art medical centre for the village of Ratby, Leicestershire.

McLoughlin Planning was part of a team engaged with West Hart Partnership, collaborating together to secure planning permission for a new state-of-the-art medical centre for the village of Ratby, Leicestershire.

The need for the new practice was driven by the poor standard of the existing surgery facilities and the need to accommodate increasing numbers of patients, the current building is virtually at capacity. The number, size, design and configuration of rooms, corridors and waiting areas, meant that staff are regularly unable to find a suitable room to accommodate services.

We provided the planning policy justification for the new Medical Centre, balancing the need for this essential part of Community infrastructure against planning polices restricting development outside the village settlement boundary. Our work drew heavily on previous experience of dealing with community infrastructure projects, with particular reference to development outside of settlements where development opportunities are limited.

We have recently been successful on application in using PiP to secure Permission in Principle for up to 5 dwellings on the site of a 1960s building last used as a Catholic Church.

Despite the site being located within the settlement boundary for Bourton-on-the-Water, McLoughlin Planning were initially met with resistance from Cotswold District Council to the prospect of redeveloping the brownfield site for a residential use. The building was previously used by the Diocese of Clifton for Catholic services, these were now mainly being conducted from their church in Stow-on-the-Wold, which meant the site was surplus to requirements.

Being faced with a refusal, McLoughlin Planning had to provide additional justification to comply with Policy INF2 which governs the redevelopment of community facilities such as places of worship. We explained that not only was there a suitable alternative venue in a nearby settlement that was more popular with the church’s congregation, but there are similar community facilities in the same planning use class within Bourton-on-the-Water that could perform the same services.

The Council requested a marketing exercise to prove there was no demand for the use of the site, however we successfully argued that this was not a policy requirement, because this only applied to the loss of a shop or pub. Consequently, McLoughlin Planning was able to demonstrate full compliance with Policy INF2 and the application was subsequently permitted.

This example further serves to demonstrate the usefulness of PiP Applications for private clients in providing highly cost-effective solutions to determine the development potential of their land and secure an uplift in value.

If this were a conventional outline or detailed application, upfront costs would have been considerably higher, reflecting the need for more technical work. Whereas, with the PiP process, the costs are largely focused on the planning case for the development, allowing significant savings to be made.

McLoughlin Planning is pleased to have helped a homeowner in the London Borough of Camden in securing planning permission for amendments and improvements to an existing roof terrace space.

The existing property had a centrally located roof outbuilding which housed a staircase leading up to the outdoor space. However, the structure leaked both heat and rain due to historically poor construction. Furthermore, its central location meant the outdoor space could not be used to its full advantage.

As the property is also located in a conservation area, care was taken to ensure the proposal would also find ways to visually reduce its impact on the street scene and support the visual interest of the historically significant surrounding built form.

Working closely with the architect the initial proposal sought to move the stair opening to the southern edge of the building to provide a modern interpretation of the existing outbuilding which would visually reduce its built form and architecturally provide a distinction between the historic and modern built form. The scheme also includes an air source heat pump to help improve the property’s energy efficiency and overall sustainability.

Unfortunately, the Council raised concerns during the application about the overall design and height of the proposed cover and that this would likely be refused. Despite efforts to demonstrate how the structure complied with planning policies and would not result in the alleged harm, the Council’s position remained too far apart from the applicants to reach a suitable comprise on the design presented. However, in the interest of securing planning permission and a functional alternative, we worked with the architect to address the Council’s objections and proposed an amended opening with shared visual similarities to a Velux window. This would also help provide further access to sunlight/daylight internally.

The Council agreed that the amended proposal addressed their concerns and planning permission has now been granted. We are pleased that working proactively with the Council, architect, and the applicant meant a solution could be presented, providing a more aesthetically pleasing and functional outdoor space in time for the summer!

McLoughlin Planning has been successful in securing planning permission with listed building consent and advertisement consent for alterations to a prominent shopfront on Cheltenham’s Promenade.

112 to 118 The Promenade is a prominent retail unit in Cheltenham’s Town Centre.

McLoughlin Planning was appointed by Roundhouse Design to secure the necessary planning permission, listed building and advertisements consents to allow them to renovate the property and make key changes to it, breathing new life into this vacant retail unit, allowing it to become a kitchen showroom.

The building is Grade II Listed and is situated in a prominent location Cheltenham’s Central Conservation Area. Its current configuration was poorly suited for the client’s needs. McLoughlin Planning successfully achieved the necessary consents to allow the property to be remodelled, to improve the customer experience. This included undertaking detailed research on the building’s history showing that it has been consistently renovated and remodelled over time.

This development represents the resilience of Cheltenham’s retail sector and highlights the value of having a detailed understanding of a building’s past and demonstrating this to Local Planning Authority, listed buildings can be altered to help facilitate a post-pandemic resurgence to the local economy.

Following a lengthy proactive negotiation process with Tewkesbury Borough Council, we are pleased to have secured planning permission for a beautiful new self-build replacement dwelling on the doorstep of Cheltenham Racecourse.

Our client approached us with a planning application which sought to replace a post-war rendered bungalow with a new highly sustainable and beautifully designed 1.5 storey timber cladded family home.

Whilst the Council supported the design and agreed that it was high quality, there was a debate due to the proposed size of the new dwelling versus the existing home and what impact this change would have on the Green Belt and wider countryside. Concern was raised particularly in regard of the increase in ridge height.

Working closely with the applicant, we made a case on how the careful highly sustainable design responded to its context to ensure impact on the Green Belt remained very localised. Furthermore, the introduction of Class AA permitted development rights allowing the extension upwards (in addition to other PD rights), enabled us to demonstrate that the fallback position would result in a proposal which would be larger and result in greater harm than the current scheme.

We also emphasised the Government’s push to support new self-build development which has become an increasingly important planning consideration with recent recommendations coming through the Bacon Review (see our recent article on self-build here https://mplanning.co.uk/news/2…).

Working closely with the case officer it was agreed that the proposal would provide a scheme which would comply with Green Belt policy requirements. Furthermore, working closely with the officer, we were able to reduce the number of planning conditions to help ensure the swift delivery of the development.

This is a great case study on the importance of considering your available fallback positions, including development sites in the Green Belt, and taking the time to adopt a well-considered design approach and planning strategy.

We are delighted that we could be part of the applicant’s journey in securing their new family home and believe it will provide a new attractive addition to the Cheltenham area – particularly for those passing to attend the Cheltenham races!

McLoughlin Planning has been the Planning Consultant for Gloucestershire Airport for several years. As part of this, it has been involved in securing the necessary Consent for Skyborne’s operations allowing them to establish a Commercial Flight Training School at Gloucestershire Airport to meet the global demand for new Commercial Pilots.

The challenges faced by this project were:

• It was necessary to demonstrate that the use of a hangar as a Flight Training School fell within the definition of aviation-related development in the Town & Country Planning General Permitted Development (Order 2015).
• The Flight Training School was to be supported by an accommodation block for students.

The site is situated within the Green Belt where there are stringent planning controls on new development. As part of the company’s activities working on behalf of the Airport in terms of looking after its wider property portfolio, we were able to engineer a suitably positively planning policy context to allow Skyborne’s proposals to come forward as part of non-operational but aviation-related development.

We’re delighted to have secured planning approval for a new state-of-the-art medical centre to provide a new base for the existing St Paul’s Surgery, in St Paul’s Road, Smethwick.

The medical centre includes 10 consulting rooms, five treatment rooms, a Minor Ops suite, staff room, meeting room, central waiting space and administration rooms. Forty parking spaces are to be provided, including three disabled spaces and a drop off and deliveries bay.

Our comprehensive design and access statement commented that “St Paul’s Surgery currently occupies a two storey building that is outdated, under sized and no longer fit for purpose to accommodate the growing patient numbers in Smethwick and the surrounding area.

It is not practical to enhance or extend the existing building, and with limited space there is no ability to meet the increased demand for routine and urgent care.

In order to continue to provide services to all patients the practice must relocate and expand.

By relocating to the new site, patients will benefit from improved privacy and dignity arrangements; a fit for purpose building for the growing practice; patient centred care in a modern, purpose built environment, whilst accommodating the practice’s growing needs; improved disabled access; improvement in staff working conditions; increased car parking provision for both staff and patients; a wider range of enhanced primary care services; and provision of on-site pharmacy services integrated with the practice in terms of working process and delivery.

Services normally provided in a hospital or other local clinics could be provided at the new building freeing up facilities for more specialist procedures and improving healthcare capacity. We have included a Minor Ops suite to support some of these services.

A “pandemic wing” has been included in the surgery, with the option to isolate some rooms from the rest of the building, and with separate access for patients and staff.

There is an established need for St Paul’s surgery to expand. The existing premises are over capacity with no ability to extend.

Providing the surgery with a new, purpose built building, will allow them to not only improve routine clinical services but also offer a wide range of integrated services for patients and local community.

The layout of the building is designed to make it easy to navigate for both patients and staff, while creating a space that is enjoyable to work in and pleasant to visit. The central location of the site is ideal for a new medical centre, with established public transport links.”

McLoughlin Planning was part of a team, assisting in the securing of planning permission for a new medical centre for Stourport.

McLoughlin Planning was part of a team led by West Hart Partnership, assisting in the securing of planning permission for a new state-of-the-art medical centre for Stourport, on behalf of GB Partnerships.

The need for the new practice was driven by the merger of the town’s two doctor’s surgeries. Our services related to providing the planning policy justification for the new Medical Centre, balancing the loss of Public Open Space and the partial location of the site in Flood Zone 2 with the compelling need for a new medical centre in the town. Our work drew heavily on previous experience of reviewing public open provision for the town and government guidance requiring the provision of essential infrastructure.

Construction work began during July 2020 and when completed, will provide a medical centre capable of meeting the needs of 21,500 patients.

Mcloughlin Planning are pleased to have secured planning permission for a new private swimming pool in the grounds of a rural picturesque Cotswold property.

After securing permission for the conversion of agricultural barns to provide a new residential home, our client was looking at ways to enhance the landscaping around their property and provide a private pool for themselves. After initially applying alone to Cotswold District Council, the landowner ran into issues with the Council and had to withdraw the application.

Concerns were raised of the impact of the development on the surrounding countryside (which form part of the AONB), the impact on a nearby Grade I listed church and the character of the area.

Our Associate Director Chris Fleming, worked closely with the client and architects, Portus and Whitton https://portusandwhitton.co.uk…, to consider where best to site the development in light of the immediate site constraints and what the best planning strategy would be moving forward.

Helping the client through the initial pre-application meetings stage with the Council and the subsequent planning application, we were able to ensure the proposal accorded with local planning policies and would respect the historical significance of the nearby Grade I listed church.

Given our long term working relationship with Cotswold District Council, when any questions or queries came to up from the case officer, we were able to quickly respond and liaise with the necessary officers or third party consultants.

We are delighted to have secured planning permission for what will be a visual enhancement to the property and a new recreational space for its occupants.

McLoughlin Planning was instructed by the Bathurst Estate to secure planning and listed building consent for the conversion of a complex of Barns.

McLoughlin Planning was instructed by the Bathurst Estate to secure planning and listed building consent for the conversion of a complex of Barns at Tarlton Farm to residential use, as part of a wider Estate strategy to rationalise its property portfolio and deliver best value from the careful disposal of selected assets.

We worked closely with Yiangou Architects to obtain a detailed understanding of the constraints the barn complex presented and what the opportunities were for making the best positive re-use of the buildings. Owing to its listed status, some imaginative design solutions were proposed, involving glazed extensions to allow narrow parts of the building to become living spaces. In addition, we negotiated with Officers to make the case for the removal of unsympathetic modern agricultural buildings in return for more flexible thinking towards the extent of domestic curtilage.

Planning and Listed Building consent were secured under delegated authority in 2017.

McLoughlin Planning are delighted to have secured planning permission for change of use from agricultural building to a farm shop for Todenham Manor Farm Shop.

Points of note from this application are the farm shop is to be ancillary to the main business on the premises, there cannot be separate A1 premises and the requirement for secure cycle parking to ensure adequate cycle facilities are provided to meet the requirement for sustainable development, in accordance with Cotswold District Local Plan Policy INF3.

This application poses interesting options to other farmers in Cotswold District, who may be looking for a means of diversifying and having a ready outlet for sales of their own produce.

A tight timescale, a green belt site and important commercial drivers made this project as unusual as it was interesting.

A tight timescale, a green belt site and important commercial drivers made this project as unusual as it was interesting. Triumph needed to relocate and had been searching for a new factory site for two years before it was offered land at Staverton.

We took the project from its earliest moments to an approved application at the first attempt in only six months – all in the prism of a General Election campaign. An adjacent site had already been turned down, so work with the local planning authority, LEP and an MP was vital to securing permission on the grounds of very special circumstances.

The result was a 2,000 sq m high-tech manufacturing facility which brought 200 skilled jobs to the UK from China to support an international business to export its products around the world.

Our history of working with the rural community and farmers means we can play the important role of a trusted personal advisor.

We take pride in our knowledge of the rural market and an ability to immerse ourselves in the projects of our clients. Our history of working with the rural community and farmers means we can play the important role of a trusted personal advisor.

Nowhere was this more the case than at Upcote Farm, where our client wanted to retain the family property by diversifying from sheep farming into a wedding venue on a 250-acre site.

We navigated a challenging brief which included historic farm buildings that were inappropriate for conversion. We also developed a compelling case, arguing for conversion of a modern structure into the main venue, veering away from the accepted wisdom at that time and using innovative responses to the planning challenge.

The result was a stunning conversion of multiple agricultural buildings which benefit not just the family, but the wider local economy by creating jobs in the service sector.

Working on behalf of EG Carter and Gloucestershire County Council, McLoughlin Planning was part of a team that successfully delivered planning permission for the replacement school building at Warden Hill Primary School in Cheltenham.

Warden Hill Primary School is a two form entry primary school (420 pupils) located in Durham Close, Warden Hill, Cheltenham. The school is rated “Outstanding” by Ofsted and there had been consideration to expand the school to three form entry. The birth data, alongside existing primary provision in the area showed that the expansion was not required. However, the condition of the school buildings was reviewed and it became clear that they were of significant concern. Detailed investigation showed that an extensive maintenance programme would not be an efficient use of resources and it would be better to replace the school buildings.

In November 2020 Gloucestershire County Council’s cabinet approved additional funding to replace the existing school buildings.

Warden Hill School’s site is large enough that the new school building can be built, whilst the old school building is still in daily use by staff and pupils. Once the new building is complete, the old school building will be demolished.

McLoughlin Planning was able to demonstrate the planning policy case as to why this development should go ahead, despite the controversial use of playing fields for development. It was demonstrated that using the playing fields for the new school building was necessary and that it allowed the space currently occupied by the old school building to be re-used after it’s demolition as an improved play space for pupils.

There are specific conditions that have to be met to allow such development because of the value we all place on open spaces for our children. This includes Section 77 of the School Standards and Framework Act 1998, that local authorities are required to apply for the consent of the Secretary of State for Education to dispose of, or change the use of, land used for maintained schools and academies and following the guidance from Sport England.

The school has been developed to deliver an exemplar 21^st
century learning space that has been designed to be the most environmentally friendly low carbon primary school in the country. To enable this, it will have high building fabric efficiency, a low carbon heat source using an air source heat pump, on-site electricity generation through PV array, sustainable urban drainage systems and a “Pocket” forest.

Externally, there will be nature areas, playing pitches, daily mile and pump track and external amphitheatre seating for the pupils to enjoy.

We are delighted that ground was broken in November 2021 and that we were able to assist in this exciting project that reflects our continuing involvement with the County Council in the provision of new schools and school buildings.

Permission secured for variation of a restrictive retail condition, using the new Class E (of the Use Classes Order).

Historically, retail (Use Class A) development was heavily regulated in terms of where it could be sited, relative to the City Centre and associated district centres.

Outside of such locations, planning conditions have been frequently imposed to control the sale of goods from such locations, so that they don’t compete with established City and District Centres.

Recent Use Class Order changes and the introduction of Class E has created significant opportunities for retail development to be provided in locations unrestrained by retail planning policy.

This all sounds great except it leaves commercial landlords holding retail property in a difficult position. Many are limited by legacy conditions from a different time in planning which reduces the attractiveness of their properties, especially when faced with the freedom offered by Class E.

We have been successful in helping one such landlord out.

McLoughlin Planning has secured planning permission for the variation of a retail condition on a 2000 sq.ft. retail unit on the edge of the City Centre.

The unit benefitted from planning permission for retail uses, although with a restrictive policy that determined what goods could be sold from the premises. It expressly prevented the sale of food from the unit. This condition still applies despite the recent changes to the Use Classes Order.

In securing a variation of the retail condition to allow for food sales, we reviewed the availability of existing retail and non-retail floorspace in the City to prove that there was no other available locations as well as establishing a reasoned case that Class E allowed for development anywhere in the City.

This allowed a vacant unit to be brought back into a positive retail use. It will re-open as a small foodstore, making best use of an existing edge of centre site, promoting economic activity and avoiding a vacant retail unit becoming a problem.