Planning matters blog | Lichfields

Planning matters

Our award winning blog gives a fresh perspective on the latest trends in planning and development.

Beautiful Development – In the eye of the beholder?
‘Say no to ugliness’, that is the message to councils in the Building Better, Building Beautiful Commission’s interim report ‘Creating space for beauty’, which looks at how England should address the poor-quality design of new buildings and places whilst ensuring a sufficient supply of new homes. In the eyes of the Commission, building beautifully comprises walkable, human-scale developments, and buildings with finely textured designs and materials, and it urges changes to the planning system to make the delivery of such developments a key objective. The report argues that the political focus on building more homes cannot be just a numbers game and about houses alone; it must be about making vibrant, characterful places, which people enjoy living and working in. This reflects broader changes in government policy, with far greater emphasis being placed on design quality in the revised National Planning Policy Framework (NPPF), published in February. In theory, well-designed development proposals should be more popular and readily supported by Councils; achieve higher returns for developers and provide better places to live and work. However, the Commission suggests that beyond our historic urban centres and conservation areas, development is driven by utility and convenience, resulting in a wasteland of mediocre developments filled with bland boxy buildings.   The Commission urges a re-think and emphasises the need for higher standards of design and early community engagement in the design process. The report tasks planners, architects, developers and communities to decide together what constitutes beautiful development, but can a consensus really be reached if stakeholders have radically different tastes, or will popular preferences prevail every time? If not, who will ultimately decide what constitutes good design and will this be supported or provoke a public outcry and endless delays? Three main recommendations are made in the report: one, that securing beautiful development should be a core aim of planning policy and practice; two, that ugly retail parks and supermarkets should be replaced with mixed-use developments; and three, that communities should be given an effective voice early in the design process. By drawing up higher-quality development proposals and engaging communities in the design process, the report suggests that development will be less risky, produce higher returns and secure more support. Simple! The Commission argues that planners should be diverting their attention to place making and remodelling existing developments. Planners are expected to develop the skills to critically assess proposals in terms of landscape and urban design, place making, architecture and the associations between urban form, wellbeing, and health. The report also recommends giving planners the appropriate policy tools to help them secure higher standards of design from development proposals. The Bourne Estate, London Source: Matthew Lloyds Architects At present the NPPF only sets out general aspirations to create attractive places, it does not define how to achieve it, nor does it effectively require those aspirations to be met. Instead of high-quality design being a ‘nice-to-have’, the report recommends that it be embedded alongside sustainability as a core aim of the NPPF. Could high-quality design be considered a material benefit that could outweigh harm when determining the planning balance in future? Interestingly, the recommendation that underused and failing retail parks should be redeveloped for high-quality, mixed-use communities has received considerable attention. The report derides retail parks as ‘boxland’ developments, a by-product of a planning system that undervalued place making. The Commission wants planners to be at the forefront of the process of wiping retail parks off the map, but the quest to remodel existing development also extends to the high street. The report urges planners to tackle gaudy signage, street clutter, and poor-quality shop fronts and rigorously enforce higher standards of design. This would likely require more stringent design codes to help instruct future development proposals and make clear what is expected from new developments. The Malings, Ouseburn Source: Ash Sakula Architects The Commission acknowledges that public trust in experts is at an all time low and that too many neighbourhoods feel themselves to be the victim of development. The report argues that the public want new buildings to reflect the history, character, and identity of their surroundings. It recommends that communities play a bigger role in plan-making and design process so that they can define what beautiful development means to them. This would likely require planners to carry out public consultation exercises more frequently and mediate between competing subjective opinions on design. Local authorities and national government are also urged to deliver more beautiful public buildings that demonstrate civic pride in architecture, ideally with the public being engaged in the selection of winning designs. If the public are given a more prominent role in the design process, will it stifle the development of innovative design as developers retreat to more conservative styles that are likely to gain public support? The report suggests that if greater public involvement results in more traditional bricks and mortar developments at the expense of modernist glass and steel boxes, then so be it. The report offers several examples of well-conceived development, including Roussillon Park in Chichester; Nansledan in Cornwall; and the work of Matthew Lloyd Architects at the Bourne Estate in London. In Newcastle, The Malings in Ouseburn is praised for creating a dense walkable development. The Commission argues that the popularity and commercial success of these schemes demonstrates the payoff from a careful approach to design. With improving technology making it possible to create finely textured buildings without unsustainable labour and manufacturing costs, similar developments could be delivered more frequently in future. Nansledan, near Newquay Source: Adam Urbanism If the Commission’s recommendations are implemented, the delivery of high quality ‘beautiful’ design will require planners to assess development proposals as much for their design quality as for their sustainability and with significantly more public engagement to inform the process. However, in our experience, design quality is very rarely the main reason for objections to planning applications, so could the quest for beautiful development and a boost to housing delivery be doomed to fail?  The role of planners could be about to become far more design-led and potentially more complicated. While it is good that planners are placed at the heart of the solution, how will they cope when planning departments are already under resourced and overworked? How will consensus be achieved amongst so many competing groups on such a subjective and contentious issue? Crucially, if design is to become a more integral feature of the planning process will it become a more common reason for refusal and undermine the delivery of new homes, or as the report predicts, will it generate public support for attractive proposals and provide a boost to housing delivery? The Commission’s final report is due to be submitted to the government at the end of 2019.


Planning (Scotland) Act 2019  - Local Development Plans
The Planning (Scotland) Act 2019 was placed on the statute book at the end of July and Local Development Plans remain a key component of the Development Plan although the process for preparing them is changed quite significantly and notably the opportunity to comment on emerging plans is significantly restricted. In preparing an LDP the planning authority must have regard to any adopted Regional Spatial Strategy (RSS).  RSSs will replace Strategic Development Plans and are to be prepared without delay once that provision of the Act comes into force.  RSSs will be prepared by one or more planning authority working together; they will sit outside the development plan and so will not directly influence development management decisions; and, interestingly, Scottish Ministers can direct a planning authority/ies to prepare and adopt an RSS for a particular region or direct a review on an adopted RSS. New provisions are introduced stating that: the LDP must also include targets for meeting the housing needs of people living in the part of the district to which it relates and a statement of the planning authority’s policies and proposals as to the provision of public conveniences and water refill locations.  In addition, the LDP must consider: any local outcomes improvement plan housing needs including, in particular, the needs of students, older people and disabled people; housing land, including for older people and disabled people; and, a list of persons seeking land for self-build in the authority’s area health and education needs and the likely effects of development and use of land on those needs the capacity of education services in the district the extent to which there are rural areas within the district in relation to which there has been a substantial decline in population and, the desirability of allocating land for the purposes of resettlement the desirability of maintaining an appropriate number and range of cultural venues and facilities (including in particular, but not limited to, live music venues) in the district the desirability of preserving disused rail lines for future public transport The Main Issue Report is no more.  Instead the first thing prepared is the Evidence Report which is to set out the planning authorities view on land use in the area to that that the LDP relates.  In addition, the evidence report is to include a statement on the steps taken by the planning authority in preparing the report to seek the views of the public at large, including in particular the views of disabled persons, Gypsies and Travellers, and children and young people but not the development industry! Also, the steps taken by the planning authority in preparing the report to seek the views of community councils, and the extent to which the views expressed have been taken into account in the report. The Evidence Report is to be approved by the Planning Authority and then sent to Scottish Ministers for approval.  Once submitted a representative of the Scottish Ministers will assess whether the report contains sufficient information to enable the planning authority to prepare a LDP. If it is deemed that it is not sufficient the evidence report is to be revised and resubmitted by the Planning Authority. Once prepared the planning authority should publish the proposed LDP and Evidence Report at the same time. Before publishing the proposed LDP the local planning authority must have approved it. The provision for consultation of the proposed plan remains largely unchanged and an examination is still to take place. A new provision states that if the person appointed to undertake the examination is not satisfied that the amount of land allocated for housing is sufficient they may give notice to the planning authority and another proposed plan is to be prepared. Delivery Plans are now required instead of Action Plans. So, to sum up, a couple of observations.  For LDPs it is Evidence Report then straight to Proposed Plan.  Consultation is to happen on the Evidence Report and so the development industry needs to sharpen pencils at that point and challenge any assumptions that you think the planning authority might make in terms of land allocations, housing numbers etc.  After that the process seems to be much the same as before with representations invited for the Proposed Plan and an examination.  But, is there a danger that challenge will be limited because the evidence is already approved much in the way that Reporters have been unwilling to discuss Housing Need and Demand Assessments (HNDAs) at examination because they have already been approved.  Clearly that further strengthens the case for being prepared and putting the arguments in up front at the evidence base stage and following them through to examination.  The new provision that means that Proposed Plans can be rejected if there is not a sufficient amount of land allocated for housing should be welcomed. And, to conclude we will have a new process but it is unclear whether much will change as a result. Unless the explicit provisions that allows evidence reports to be rejected because they are insufficient or LDPs to be sent back for failing to meet housing needs are used properly.  At least the “just prepare an SPG to plug the gaps” option has been removed.  Supplementary Guidance is no more. See our other blogs in this series: Planning (Scotland) Act 2019Planning (Scotland) Act 2019 - Regional PlanningPlanning (Scotland) Act 2019 - National Planning Framework Subscribe to Lichfields’ blog to get all Planning (Scotland) Act 2019 series sent direct to your inbox.