Planning matters

With further guidance promised and consultation on BNG ongoing (The Government’s BNG consultations explained (and why you should care)), this blog sets out key issues and takes a reading of the industry’s response.

Key to the utility of any DCO is its future compatibility with updated technology, and there is increasing recognition of the benefits of using the ‘Rochdale Envelope’ to build in flexibility to a DCO. However, the rapid pace of technological advancement seems to be increasingly incompatible with the current DCO process. It was noted that a high proportion of consented DCOs are now incompatible with the latest technology, meaning many consented projects may not be built at all, or will require a post-consent change application to incorporate updated technology. 

 

The Planning and Infrastructure Bill removes the distinction between non-material and material changes post-consent to streamline this process. This is a welcome amendment that will help to ensure that major infrastructure projects can be built to optimal design.

 

One of the most interesting sessions for me was the talk by Ed McCann of Expedition Engineering on ‘Fit for purpose consents’ looked at key issues in project delivery. As Planners, we are not often involved in the ongoing implementation of major projects, but restrictions agreed to as part of the consent (for example construction working hours) can have severe cost and time implications, undermining project deliverability. Costing impacts must be fully interrogated at the consent stage, and we can hope that a simplified process for post-consent changes may also assist in this area.

 

Another issue requiring a strategic view relates to the use of the Rochdale Envelope. Whilst many developers are making use of opportunities for design optimisation post-consent, protracted pre-application timescales and delayed decisions often see this activity curtailed. It is hoped that time savings through reforms will re-establish opportunities for this refinement.

Changes to DCO consultation requirements was another key topic of the day. One key message from NIPA’s engagement with members was the need for consultation to focus on outcomes, as a proportionate exercise that is meaningful, open and transparent. This feedback was complemented by the case law update session, with a talk given by Daniel Kozelko on discarded alternatives during consultation. Drawing on case law including Mosely v LB Haringey (2014) and R (Possible (The 10:10 Foundation)) v SST (2025), Kozelko recommended that alternatives should be set out during consultation, relevant to the scope of the consultation. It is best practice to include brief commentary on arguable alternatives, setting out why they were rejected or considered non-viable.

 

Currently, it has been suggested that many developers are ‘gold plating’ consultation to avoid the risk of judicial review. Future guidance must establish clear requirements so that this does not carry over. Clarity on alternatives would be a welcome addition to this guidance, and confirmation of the applicability of these changes to post-consent change applications should also be included.

Biodiversity Net Gain (BNG) is set to apply to NSIPs from May 2026. I attended the workshop run by DEFRA on the Government’s ongoing consultation and heard views from delegates on the proposals.

 

The government proposes using the Order Limits to calculate the baseline BNG value and has suggested that it should apply to all NSIP types. Numerous participants raised the significant implications of this for linear projects, especially above ground or underground installations where there would be limited impacts to most of the land, and where wide lateral parameters are often used.

 

It was suggested that a maximum construction footprint should be used in the initial calculation, and the government’s proposal to enable later re-calculations was welcomed. The government is set to produce further guidance on BNG calculations to account for the use of parameters and design flexibility, which will be especially important in light of the increasing need for flexibility.

 

Further details of the consultation can be found on Lichfields’ blog: The Government's BNG consultations explained (and why you should care). The consultation is running until 24th July 2025.

The government’s recognition of the essential nature of major infrastructure projects to the UK’s growth strategy via the Planning and Infrastructure Bill has brought optimism to the industry, but also a high degree of uncertainty. The industry is keenly awaiting clear guidance on updated consultation requirements, and whilst there is support across the sector for the introduction of BNG for NSIPs, this is tempered by concern that a rigid application of the requirement will undermine project deliverability.

 

DCOs establish essential design flexibility which is of increasing importance in the context of rapid technological advancement. The compatibility of BNG with this process is yet to be confirmed. In this same vein, whilst there was little discussion of the proposed amendments to the post-consent change process, it is clear that this will contribute to better project outcomes: enabling the process to keep pace with technology, rescuing undeliverable projects, and opening up more avenues for post-consent design optimisation.

 

There is reason for optimism. The government is listening to the industry, and if recommendations are taken on board, it is hoped that the package of reforms currently underway will help to improve efficiency, flexibility, and proportionality in the DCO consenting process.

This Spring the Housing Design Awards judges visited 22 completed housing schemes travelling 1266 miles each, over five days of visits in England.

They saw uplifting design excellence in a range of schemes, from moderate to high density, including suburban, urban, and rural sites.  They saw the best of housing for refugees, affordable homes, co-housing, student housing and homes for the more fortunate in later life.  They saw sites ranging from 8 homes to over 500, delivered by a variety of design teams including those starting out in their careers to well-known multi-disciplined practices commissioned by small scale and large-scale housebuilders, local authorities, charities, and community-led clients.

Amongst these schemes were a number of local authority-led projects focused on providing 100% affordable housing. This blog provides some personal views on the design lessons and potential replicability of some of the shortlisted projects, including a number of high quality local authority-led projects focused on providing 100% affordable housing we want to highlight.

The first phase of Kidbrooke Park Road is complete providing 117 high quality affordable homes across four distinctive blocks for the Royal Borough of Greenwich, along with an onsite nursery, community space and associated public realm.

High quality accommodation: the scheme sets a high standard for affordable housing in the Borough. The schemes’ central block (‘Block B’) is comprised of 20 dual-aspect family units with private amenity spaces across four levels of maisonettes and family sized flats on the top floor. These homes overlook two shared amenity spaces to the rear and front of the building: the ‘Green’ is dedicated to play spaces for younger children (0-4 year olds and 5-11 year olds) and the ‘Communal Garden’ designed with play spaces for older children and informal spaces for adults. The bottom tier of maisonettes in Block B have their front doors facing the Green. These enclosed and surveyed amenity spaces are framed by the attractive brick-dominated facades of the building, articulated with arches and recessed balconies to reflect its central location and to amplify the sense of arrival to the site.

The site is located at 25 Bertram Street, London, within the Dartmouth Park Conservation Area, Camden. Completed in 2024, the Council-led scheme forms part of the Community Investment Programme (CIP) and includes the provision of 41 homes, 7 of which are affordable, public realm improvements, new routes through the site and the reprovision of the existing Highgate Newtown Community Centre (HNCC) and Fresh Youth Academy (FYA) community facilities.

Community and residential interfaces: The right of way, linking Croftdown Road and the rear of Bertram Street was diverted, widened and improved as part of the scheme to provide a more attractive route through the centre of the site and across the public courtyard. A key benefit is the improved safety and security for properties to the west of the site as the rerouting of pedestrians through the public courtyard now allows for rear gardens to directly face adjacent rear gardens. Activity is directed past the accessible ground-level community building entrances, creating a more dynamic interface between the community building and enhanced public realm.

Completed in 2024 as part of a wider regeneration project, Bulrush Court in Bromley-by-Bow, London, is a seven to nine-storey mansion block offering 114 affordable homes. The 1930s style mansion block is U-shaped in footprint and features curve-cornered balconies.

 

Designing a mansion block typology to create high density, viable, human scale development: the enclosed and generously sized communal courtyard with play spaces creates a human scale and welcoming centre to the mansion block. This courtyard also forms a green interface with the private amenity spaces of the ground-floor flats and to main corner entrances. The façade incorporates lighter, red banded brickwork for the courtyard, compared to a mix of darker banded brickwork on the civic side, which enhances light levels for the flats and visually defines the communal space.

Plashet Road is a 100% affordable housing development in Newham, London. Completed in 2024, the scheme provides 65 new homes, including 74% family dwellings and a nursery. Plashet Road was part of the Affordable Homes for Newham Programme 2018-2022.

 

Gallery access location: gallery access is located to the north or east of each building to enable the majority of balconies, living rooms, and bedrooms to be south- or west-facing where they benefit from solar gain in winter months and higher daylight levels.

 

Developing three typical flat typologies to improve viability and living comfort: each typology is greater in width than depth. This ensures that all flats are dual or triple aspect with optimised natural ventilation and daylight and floor plans can be designed to locate bedrooms and living spaces away from the semi-private gallery access.

Completed in January 2025, Bristol City Council have developed 16 low energy and affordable homes on the site of a former 1950s Church on Passage Road in Henbury.

 

Attractive affordable homes: the site comprises a crescent shaped terrace of 10 two storey family homes which front the street and a two storey block of smaller 1 bedroom flats to the rear. The family homes are all attractive and are well designed to support family living in numerous ways. Homes feature large windows to take advantage of natural light from the southwest facing orientation and large inset porches feature glazed tiles to create distinctive and welcoming entrance spaces. There are dedicated refuse stores for each property which are inconspicuously sited within individual front gardens, and each home has a parking space, private rear garden with cycle storage and access to a communal garden. Overall, the homes have been successfully designed to be attractive and support the daily activities and needs of families.

Completed in 2024, the scheme has regenerated two sites on the Bancroft Estate in Tower Hamlets, London by providing two contemporary buildings offering 33 homes for council tenants and community facilities including a new neighbourhood park.

 

Being a 'good neighbour' in estate regeneration: many aspects of the design are neighbourly, including the scale and mass being driven by the need to safeguard daylight and sunlight levels received by surrounding residential buildings. Height was appropriately directed to terminate the taller residential block to the north. Streets are activated by generous semi-recessed balconies and roof terrace, carefully fenestrated ground floor offices for the local Bancroft Tenant Management Co-operative and Women’s Inclusive Team, a local community organisation. The surrounding public realm is extended and enhanced for exisitng and future residents with pedestrian routes, tree planting, lighting and a new neighbourhood park.