Forum Topic

Cynical planning applications

Is it just me who finds it cynical when major planning applications get slipped in just before Christmas in the hope that they will pass under the radar? Application PAC/2019/0029 http://planning.hounslow.gov.uk/Planning_CaseNo.aspx?strCASENO=PAC/2019/0029 filed on the 21st December to build 135 flats (because God knows Brentford NEEDS MORE FLATS) with the usual self-righteously-justified stuff-all parking spaces.Frankly I don't know if it's a good re-development or not; the timing of the application just looks shady.

Gary Padbury ● 2415d11 Comments

In short Gary no, with prior approval applications to convert offices into residential units as long as the office floorspace fits certain criteria, there are only 4 considerations a Council can take into consideration when determining that application, namely :- flood risk.- contaminated land.- transport and parking considerations.- impact of noise from nearby commercial activity upon future occupiers of the proposed flats.That's why I always say the prior approval legislation has brought about a 'two-tier' approach to residential development, if a developer can convert floorspace to residential units under prior approval rights then the adopted development plan has no relevance nor carries any weight, whereas if a developer has to apply for full planning permission there are so many hoops to jump through.

Adam Beamish ● 2413d

Excellent spot! There is also the Hounslow Local Plan document 2015 - 2030 (I downloaded the PDF ages ago and can't remember where it was sourced) which highlights that part of the Great West Corridor for "Employment" rather than residential, as well as the Economic Development policy section 4.4 which states that it is "necessary to protect these locations to safeguard employment". So as the Local Plain was published some years ago, surely that would pre-date any change of use application?

Gary Padbury ● 2413d

In yesterday's 'Evening Standard' reports of a planning application on the 37 acre Hounslow Barracks site being released by the Ministry of Defence next year.Hounslow has drawn up a planning brief including shops, community facilities (whatever they are) and as many as 1000 homes "50% of which would be affordable housing".The Dear Leader opines "Opening up the site for the first time in centuries will transform its integration with local communities, enhancing the cultural and social heritage of the locality".Given that 'affordable' is accepted as 80% of market value, that makes quite probably the whole 100% unaffordable to anyone local on an average salary. Why is there no provision for social housing, given that a commission has only this week said that that is what is needed to go towards solving the current housing crisis?

Vanessa Smith ● 2413d

Good spot ! - interesting...this is why I try to avoid looking up the actual applications as otherwise I get distracted from my own work !.On the face of it the editor is entirely correct and this site is subject to the Article 4 Direction which came into force on 11th January 2018.  Usually, once an Article 4 Direction comes into force, that Direction 'trumps' any existing, unimplemented approval.However, I'm aware of a recent High Court decision relating to an identical situation involving the same Article 4 Direction, a summary of which I'm shamelessly cut and pasted below :"The Claimant argued that the reference to “building or land” in the Direction meant that its effect did not apply to sites with extant prior approval.  The Council argued that the wording of the Direction only sought to protect specific development (rather than sites) that already benefitted from grants of prior approval.  This was the Council’s clear intention when making the Article 4 Direction.The Court ultimately decided on a literal interpretation of the Article 4 Direction made by the Council and found in favour of the Claimant. The Direction did not apply to "any building or land in relation to which prior approval has been granted or under the terms of those paragraphs is treated as granted before the date this Direction is confirmed." Without considering the intention of the Council, this meant that the Direction did not apply to the property in question, and the refusal notices should be quashed."So, effectively what the High Court ruled was that this Article 4 Direction couldn't apply to buildings that already benefited from an extant prior approval.  Very unusual scenario and not one I've encountered before, when I find the time I'm going to have a closer look at this.

Adam Beamish ● 2413d

Isn't this covered under  the Article 4 directive? The site seems to be included in the relevant map found at https://www.hounslow.gov.uk/info/20034/planning_policy/1153/article_4_directions for office to resi conversion.

BrentfordTW8 Editor ● 2413d

Not to mention the salaries needed to even consider renting never mind buying. So pleased to hear the conclusions of the commission on social housing today - all we need now is the government's proper, solid commitment and councils allowed to spend some money on a massive building programme using all types of build. We live in hope..............

Vanessa Smith ● 2414d

Maybe, on a less cynical level I've always felt this was so the government could claimed that it is providing more 'new' homes, and that more young people can now buy their own home.The fact that their 'new home' resembles a glorified shoebox which doesn't acccord with any national space standards etc. is of course glossed over...

Adam Beamish ● 2414d

"As Guy says this is the consequence of the prior approval legislation brought in by the Government afew years back, which has in effect created a 'two-tier' planning system for residential development - if it can be done under prior approval then the applicants don't have to tick that many boxes and the LPA is relatively powerless,"A cynic might say this is designed purely to keep the government's wealthy developer donors happy? As has the colossal foot dragging over doing away with the leasehold scandal which is allowing said developers to use people's homes as cash cows.

Vanessa Smith ● 2414d

As Guy says this is the consequence of the prior approval legislation brought in by the Government afew years back, which has in effect created a 'two-tier' planning system for residential development - if it can be done under prior approval then the applicants don't have to tick that many boxes and the LPA is relatively powerless, where if the applicant can't utilise prior approval rights then they have to tick so many boxes.Of course I'm involved in both full applications and prior approval applications on behalf of clients, but I don't personally like the "two-tier" system that prior approval has created whereby developers can convert office space into flats which don't even satisfy the minimum floorspace standards and there's nothing an LPA can do about it.As for 'cynical' planning applications, whilst some of my clients do have this mythical Christmas deadline they want us to work to, in reality submitting such applications before Christmas achieves nothing and is self-defeating.The reason being that if applications are submitted just before Christmas invariably they are not processed/validated until after Christmas, and often Councils will give third parties additional time to submit their representations.  Furthermore, as this thread proves, immediately someone will accuse the applicant of deliberately timing the submission to catch people unaware, which only usually generates more objections and more suspicion.I've never had a client come to me and expressly say that they want to submit an application just before Christmas in order for it to go under the radar.  If they did I'd strongly advise them against doing so because it simply won't go under the radar as they hoped.  But nonetheless every year I still end up submitting applications just before Christmas (this year I submitted 1 on 21/12 and another on 24/12) but the timing is down to clients having agreements in place with vendors that application will be submitted before 31/12, and consultants like myself only having afew weeks to get the whole submission together.Years back January used to be a quiet month in my industry, you'd get applications in before Christmas and then sit back in January, nowadays I end up submitting just as many applications in January as I do in December.

Adam Beamish ● 2414d

So much for local democracy.................

Vanessa Smith ● 2414d

It's a 'prior approval' notification to turn offices into flats. One of the wizard changes in planning law brought in by the coalition.Assuming it's technically correctly filled out there is nothing much the council (or residents) can do about it.No space standards apply, no Infrastructure levy, no affordable housing of any sort, no influence over design (except they have to leave the shell as is).So it doesn't really matter what time they put it in. If they filled the forms correctly it will be approved without any of us having a say.

Guy Lambert ● 2415d