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Business and Planning Bill: reviving or extending permissions and consents

Business and Planning Bill: reviving or extending permissions and consents

Tom Davies 29 Jun 2020

 

After much anticipation, the Government has introduced a Business and Planning Bill. MPs are considered all stages of the Business and Planning Bill today (29 June), with the only amended clauses relating to pavement licences.  The Bill’s Second Reading in the House of Lords is currently planned for 6 July. Its provisions are intended to introduce a number measures to support businesses and developers in England with their response to the pandemic, including:
  • a streamlined pavement licensing system to install items such as tables and chairs outside of cafes, bars and restaurants;

  • a new route for developers seeking a temporary extension of construction site working hours;

  • the removal of the restriction for appeals to be determined by either written representations, hearings, or public inquiries, thereby allowing mixed procedures as may be appropriate for the appeal; and

  • revival of certain planning permissions and listed building consents that have expired during lockdown and routes for the extension of time limits for implementing planning permissions and listed building consents that expired or are set to expire between the beginning of the lockdown period and the end of this year - only expired permissions would follow an approval process.
This blog will focus on the latter of these provisions, which would insert amendments into the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990.

Background

Since the start of the pandemic, there has been pressure upon the Government to make changes to legislation to allow the life of a planning permission due to expire during the COVID-19 lockdown to be extended.
A Press Release from the Housing Secretary (SoS) Robert Jenrick published last week highlighted the pressing need for the Government’s proposed changes (with the usual focus on housing):
“The government estimates that by the end of this month alone, more than 400 residential permissions providing more than 24,000 new homes would have expired. The new measures will help these developments and more resume as the economy recovers”.[i]
The draft measures will be welcomed by many in the development sector, and follow requests for flexibility by a number of industry bodies.  It is widely recognised that a lapsed permission can result in significant costs to applicants, both through lost land values and the costs and risks associated with seeking a new permission.
The usual mechanism to ‘amend’ planning permissions under Section 73 of the Town and Country Planning 1990 Act does not extend to varying any conditions relating to the time limits of the permission. This is possible in Wales, but the attraction of bringing in this measure to address current exceptional circumstances is limited, because it requires an assessment process.  Similarly, the application procedure introduced in 2010 to enable renewal of extant planning permissions granted on or before 1 October 2009 required assessment. Associated guidance encouraged applicants to provide supporting information setting out reasons for the extension, or addressing any changes in policy or other material considerations which may have occurred since the previous grant of permission. It was open to LPAs to seek further information if they considered that changes in the surrounding area, since the original grant of permission had affected design or access considerations that are relevant to the proposed scheme.
As explained below, under current Government proposals a straightforward application procedure would apply only to revive certain recently expired permissions.

Extending and reviving planning permissions

Clause 17 of the Bill proposes two routes for an extension of a full planning permission, depending on the date on which it expired/is due to expire:
  • Extending: Automatic extension under proposed Section 93A
For permissions that state development must be begun between the day on which the provision comes into force and ending with 31 December 2020, there will be an automatic extension to the permission, so requiring development to be begun not later than 1 April 2021.

  • Reviving: Additional environmental approval under proposed Section 93B
For permissions that state that development should have been begun between 23 March 2020 and ending with the day before this provision of the Act comes into force, it will be necessary to seek ‘an additional environmental approval’ from the local planning authority (LPA). This is essentially to confirm that the development is i) not EIA development or if it is, the EIA that was carried out continues to address the significant environmental effects that are likely to arise, or ii) an appropriate assessment would not be required for the development or if it would, it has already been carried out and remains up to date. It is proposed that the application can only be made by (or on behalf of) a person with an interest in the land. The Bill suggests that the format of the application is to be determined by the LPA, rather than on a form provided by the SoS; there is no suggestion that there will be an application fee. The applications is to be determined with regard to any guidance issued by the SoS. The LPA will need to give notice to either grant without conditions or refuse the application within 28 days, starting with the day after the application is sent, or otherwise the additional environmental approval will be deemed to be granted. The time period for determination may be extended, but only by a maximum of 21 days. No approvals will be granted or deemed to be granted after 31 December 2020, unless granted on appeal, albeit that the SoS can extend the time period.

Outline planning permissions

Clause 18 of the Bill proposes similar time extensions with respect to outline planning permissions:
  • Extending and reviving: time limits for approval of a reserved matter under Section 93D
For outline planning permission that has a condition requiring the submission of an application for approval of a reserved matter to be made between 23 March 2020 and 31 December 2020, the application for the approval will need to be made no later than 1 April 2021.

  • Extending: Automatic extension under proposed section 93E
Outline permissions requiring development to be begun between the day on the Act comes into force and ending on 31 December 2020   will benefit from an automatic extension of time will mean that the development must be begun not later than 1 April 2021.

  • Reviving: Additional environmental approval under proposed under Section 93F
In order to be revived, outline permissions requiring development to be begun between 23 March and the day before Clause 18 comes into force will be required to seek an additional environmental approval with similar provisions to those for planning permission (above).

  • Extending and reviving listed building consent
For listed building consent which requires that works must be begun between 23 March and 31 December 2020, Clause 19 of the Bill proposes to insert new section 18A into the Planning (Listed Buildings and Conservation Areas) Act 1990, to allow works to be begun not later than 1 April 2021.
Where the legislation refers to 31 December 2020 as the end of the time range for implementation of planning permission or listed building consent, and 1 April 2021 as the date by which the legislation extends implementation to, the SoS can alter these dates by regulation in due course, if required.
With the easing of lockdown restrictions, the extensions will create additional time for those in receipt of planning permissions and listed building consents – both extant to the end of the year and expired since lockdown began - to lawfully implement their permissions and consents. Establishing whether or not a development has been implemented is not always straightforward; for some sites there may be discussions regarding whether or not a permission was implemented before the Act gained Royal Assent.
The automatic revival/extension of outline planning permissions that expired only because reserved were not submitted between 23 March and the end of the year, is most welcome – as is the automatic extension of listed building consents.
The additional environmental approval route for reviving certain planning permissions might seem a frustration to some, but the reviving of planning permissions was not widely anticipated; a straightforward sounding approval process may be seen as a small price to pay for reviving a planning permission that may or may not have been implemented in time.

Next steps

MPs are set to consider all stages of the Bill in one sitting today, 29 June 2020. The second reading in the Lords is scheduled for 6 July, but it is possible that this could be brought forward. If all runs smoothly, we should see a pragmatic and helpful new Act of Parliament very soon.  The provisions that extend or revive permissions and consents would come into force 28 days afterwards.

[i] MHCLG, New plans to get Britain building in coronavirus recoveryBusiness and Planning Bill 2019-2021

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Community goals

Community goals

Dan Di-Lieto 26 Jun 2020
For many people their football club is their life - a constant social outlet they depend on which has shaped multiple generations of families. Clubs have (consciously or not) developed responsibilities beyond simply winning football matches and the importance of their role in society has come into even sharper focus in recent months as a result of the limitations imposed on us by COVID-19.
The football industry as a whole continues to bear the brunt of public scrutiny around what it “gives back” - a more recent phenomenon linked to the influx of money into clubs - particularly top teams - in the past 15 years. Such scrutiny ignores the fact that the majority of clubs have been in the same area for over a hundred years and are often the building blocks on which communities have grown both physically and socially - in sharp contrast to other businesses of similar financial scale and reach. Criticism tends to focus on the headline sums of money which flow into clubs (especially the proportion that goes to players) without consideration of the wider role of clubs within their local communities.
When it comes to the interaction between football clubs and the planning system it becomes critical to challenge this narrative and communicate the real socio-economic benefits of clubs and stadia so that they can be given full and proper consideration by planning authorities and in the court of public opinion.
In the first blog of this series, my colleague outlined the example of the case put forward for the new Riverside Stand at Fulham Football Club. Lichfields used our Evaluate model to prepare a bespoke infographic (below) highlighting the community benefits of local investment, employment opportunities, improvements to local community facilities, continued support of local charities and other initiatives run by, or affiliated with, football clubs.
Figure 1 Lichfields’ Infographic: Economic and Social Impacts of Fulham FC Pre and Post New Riverside Stand 

Source: Lichfields

This type of project, by a club at their own stadium from which they have operated for over 100 years, can be considered a traditional example of football stadia development in one sense. The approach adopted to promote the scheme focuses on the established relationship between the club and local community and the long term socio-economic benefits which would arise from the new investment.
When trying to further define the role that football clubs play in communities it is helpful to explore case studies which depart from this standard model. Lichfields has advised The FA on planning matters in respect of Wembley Stadium for over 20 years and have promoted a number of the community initiatives linked with the venue over this period. A recent example of this can be seen through Tottenham Hotspur FC’s (THFC) temporary occupation of Wembley Stadium during the 2017 and 2018 seasons. As a result of restrictions on the original permission for the stadium, Lichfields worked with THFC to seek consent to increase the number of full capacity events that could be held to cover their home matches for this period. As part of this process THFC undertook to ensure that they could offer the same benefits to the local community in Brent that they have done for decades in Tottenham.
This initiative was spearheaded by the Tottenham Hotspur Foundation and was spread across a number of areas including employment, education, sport, health, wellbeing and community & social cohesion. The key highlights of the initiative were:
  • Thousands of complimentary tickets distributed to local residents;

  • A School Sports Programme that has delivered over 1,150 free PE lessons in 15 Primary Schools, reaching over 2,700 children aged 5-11 in and around Wembley;

  • Major Jobs Fairs held at Wembley Stadium, attracting employers with live job vacancies from a range of industries - including Hilton Hotels, the Met Police and BT;

  • Providing Customer Service training to young people at a volunteer matchday kiosk at Wembley;

  • The launch of a health and wellbeing scheme run in partnership with Neasden Temple involving a weight management course, regular health checks, cultural-specific nutritional advice and a range of physical activities for over 200 members of the Temple’s community; and,

  • The Club’s support and sponsorship of Council-led initiatives including My Heart Beats for Brent, ‘Keep Wembley Tidy’ and Wembley’s festive lights.
In addition to this THFC put in place a legacy programme for the Borough to continue the delivery of the volunteer kiosk model for all England matches played at Wembley and so that the Wellbeing 4 You initiative will continue to be delivered at full capacity.
Such activities are representative of the types of initiative undertaken by many clubs at every level of the footballing pyramid and illustrate how closely intertwined they are with the needs of their local communities. Both Fulham and THFC have their own charitable Foundations which drive investment and involvement locally but such support is proffered by every club. My local team Stevenage F.C. are struggling on the pitch (currently bottom of the fourth tier of professional football) but have been running a Coronavirus Community Careline to help local residents who need help whilst in self-isolation.
Whilst it may seem that no number of good news stories can outweigh the cold hard numbers of what top players earn on a weekly basis, the break from on-pitch activity during the COVID-19 outbreak has helped to shine a light on what clubs and their stadia give back to communities. The challenge for football clubs moving forwards will be to adjust to the new economic reality and there are already indications that the bubble has burst (at least for now) on high transfer fees and wages. This provides a stepping off point to consider how a more holistic approach to stadia (looking beyond football) can be employed to support individuals and businesses that will struggle in the coming months and years.



 

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Right to rise: extending purpose-built residential blocks upwards

Right to rise: extending purpose-built residential blocks upwards

Jennie Baker 25 Jun 2020

Update: proposed application fee added - draft amendments to the fee regulations were laid on 6 July. And in addition to the permitted development right (PDR) covered in this blog, five more PDRs to add storeys will come into force on 31 August: Class AA/Class AB to add new dwellings on detached/terrace buildings in commercial or mixed use and three new PDRs to add storeys to dwellings to either extend the home or create new dwellings.

 

From 1 August a new permitted development right (PDR) will allow up to two storeys to be added to residential buildings. As anticipated, this will be in certain circumstances and subject to a successful prior approval application.
The PDR has been inserted into the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) by the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020.
When upwards extensions in London were consulted on by the Cameron Government and the then Mayor of London (a certain Boris Johnson), the consultation outcome opined that prior approval would have been no less onerous than a planning application and instead a supportive paragraph was to be included in national policy (see paragraph 118e of the National Planning Policy Framework (NPPF)). Indeed, the additional storeys PDR and its associated limitations, restrictions and conditions, including its own prior approval procedure, is more than 2,000 words long.
In my view, this new PDR is most comparable to the PDR to change from retail to residential, which effectively requires a mini retail assessment. That PDR has had relatively low take up, but forms a fallback position for redevelopment or larger change of use schemes if it can be demonstrated that prior approval was likely to have been granted.
This PDR is also very likely to be used to create a fallback position, both for sites that can benefit directly and – to a lesser extent - for development sites nearby that might indirectly benefit from successfully demonstrating that a neighbouring building extending by two storeys via PDRs is a realistic short-term future urban context.
This blog provides an overview of the additional storeys PDR or “right to rise”.
We will cover separately the other provisions introduced by the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 – some of which are already in force.

What will this new PDR provide?

New Part 20 Class A grants planning permission for self-contained flats to be constructed on top of certain existing, purpose-built blocks of flats together with limited associated works, subject to conditions, limitations and restrictions.

What types of building will benefit?

The PDR will apply to purpose-built, detached blocks of flats, built on or after 1 July 1948 and on or before 5 March 2018, when consultation on this new PDR was announced.  The Order expressly excludes buildings converted to residential via certain PDRs, but ‘purpose-built’ is defined – so buildings converted from the use for which they were built, whether with planning permission or not, do not benefit.  This also suggests that where one of the flats was in non-residential use at the time of construction none of the block benefits, but this would need to be considered on a site by site basis.
As one might expect, the existing flats must not be or form part of a listed building or scheduled monument or land within its curtilage and they must not lie in a conservation area.
Flats in other locations commonly prohibited from permitted development may not be extended via Part 20 Class A either, including: areas of outstanding natural beauty, site of special scientific interest, the Broads, National Parks, and World Heritage Sites, a safety hazard area, a military explosives storage area, or land within 3 kilometres of the perimeter of an aerodrome.
Notwithstanding, our Heritage Director, Nick Bridgland, notes that the additional storeys PDR will change not only the skyline, but the potential skyline.  The baseline for determining the impact of a new building on a heritage asset or conservation area will change if the skyline in the vicinity could increase by two storeys without planning permission.  This would need to be taken into account in assessments of heritage and visual impact. It might also affect landscape and visual impact assessments for the same reason.

Can these types of residential building be of any height to benefit from the PDR?

No; there are maximum and minimum heights. Buildings must be at least three storeys, measured from ground level, and the finished extended building must not be more than 30 metres high (not including plant). New storeys, measured internally, must be no higher than any of the existing storeys and in any circumstance no higher than three metres. Therefore, the PDR will probably apply to buildings of between circa 12 metres to circa 26 metres.

What are the associated works for which prior approval may be granted?

The associated works that may be granted planning permission by the PDR if forming part of the prior approval application include:
  • engineering operations within the curtilage of the building that strengthen walls or foundations, or install or replace certain utilities but do not result in visible support structures
  • necessary replacement or additional rooftop plant of the same height as the existing measured from rooftop level, but not new plant where there is none existing.
  • safe access and egress constructed within the curtilage of the existing building
  • works for the construction of storage, waste or other ancillary facilities within the curtilage of the existing building that are reasonably necessary to support the new dwellinghouses, not on land forward of the side elevation fronting a highway or principal elevation of the existing building

Is prior approval required?

Yes, prior approval is required; it is not a determination as to whether or not prior approval is required – albeit that under Class A’s own prior approval procedures it is acknowledged that sometimes not all (sometimes none?) of the following eight prior approval matters will be applicable:
a) transport and highways impacts of the development;
b) air traffic and defence asset impacts of the development;
c) contamination risks in relation to the building;
d) flooding risks in relation to the building;
e) the external appearance of the building;
f) the provision of adequate natural light in all habitable rooms of the new dwellinghouses;
g) impact on the amenity of the existing building and neighbouring premises including overlooking, privacy and the loss of light; and
h) whether because of the siting of the building, the development will impact on a protected view

Is the decision maker limited to consideration of the above matters?

Yes, although paragraph 14 of the prior approval procedure says:
“(14)   The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application, which may include—
(a) assessments of impacts or risks;
(b) statements setting out how impacts or risks are to be mitigated, having regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in February 2019; or
(c) details of proposed building or other operations”.
This paragraph may appear to open the door to requests for documents addressing a wide variety of matters or details, it will not cause difficulties if both parties have the same idea about what the local planning authority (LPA) may ‘reasonably require’ in order to assess the relevant matters.
The LPA may refuse the prior approval application if it considers that the development does not benefit from the PDR or meet its conditions, or insufficient information has been submitted with the application to determine whether or not this is the case. In this circumstance the application may be appealed.
When determining an application, the LPA must have regard to the National Planning Policy Framework (2019), where relevant to the subject matter of the prior approval, as if the application were a planning application. There is no requirement to refer to the development plan.

Is there an application fee?

Draft amendments to the Fee Regulations 2012 propose a fee of £334 per new dwelling where the number of dwellings proposed is less than 50. Where more than 50 dwellings are proposed, the fee will be £16,525 plus £100 for each dwelling above 50 dwellings, up to a maximum fee of £300,000.  For comparison, the fee for a full planning permission for development up of up to 50 homes is £462 per dwelling.
Submission requirements are stipulated under Class A and include ‘any fee required to be paid’.  The draft Regulations were laid on 6 July and come into force 28 days after they are made. Therefore, there will be a short period of time where no fee is applicable.

What are the design controls relating to height?

In addition to the 30 metre height limitation mentioned above, the overall height of the roof of the extended building must not be more than 7 metres higher than the highest part of the existing roof (excluding existing plant).
In addition, the additional storeys may only be constructed on the “principal part” of the building, which means the main part of the building excluding any front, side or rear extension of a lower height, whether this forms part of the original building or a subsequent addition.
And where the prior approval application relates to the impact on protected views, the local planning authority must consult Historic England, the Mayor of London and any local planning authorities identified in the Directions Relating to Protected Vistas.

Must the LPA consult with certain other bodies?

The GPDO sets out for each of the prior approval matters except external appearance and daylight and sunlight how to approach consultation and who to consult. With regard to natural light, the GPDO says: 
“Where the application relates to prior approval as to natural light, the local planning authority must refuse prior approval if adequate natural light is not provided in all the habitable rooms of the dwellinghouses”.
This requirement to consider natural light has now been added to several of the PDRs to change use to residential by the same regulations that will introduce this PDR.

Is public consultation required?

The proposed upwards extension must be advertised by the LPA by site notice, by serving notice adjoining owners or occupiers and by serving notice on all owners and occupiers of the flats within existing block of flats.  Reaching all owners and occupiers might be difficult for the LPA, so the applicant should consider providing owners’ contact details where owners are not occupiers.
The local planning authority must take into account any representations made to them when determining an application.

Does the GPDO specify conditions to be attached to the prior approval?

Yes, including requiring a construction management plan to be submitted prior to commencement. But the LPA can add more conditions, provided that they are reasonably related to the subject matter of the prior approval.
The new dwellings must be self-contained flats and the new flats must remain in C3 use, although ancillary uses are permitted.
The GPDO also says the local planning authority may grant prior approval unconditionally, which is presumably the LPA not imposing conditions, rather than permitting the LPA to remove conditions imposed by the GPDO.

How long does the prior approval last?

The prior approval must be completed within a period of 3 years starting with the date prior approval is granted. As soon as reasonably practicable, the developer must advise the LPA that the development has been completed.

Might the proposed development be liable for the Community Infrastructure Levy?

Yes, because new floorspace will be created. It might also benefit from certain exemptions and reliefs.

Might the proposed development be liable for s106 contributions?

Unlikely. At present, Planning Practice Guidance says:
“By its nature permitted development should already be generally acceptable in planning terms and therefore planning obligations would ordinarily not be necessary. Any planning obligations entered into should be limited only to matters requiring prior approval and should not, for instance, seek contributions for affordable housing”.
This guidance was obviously drafted prior to the current legislation and might be amended to take into account this new PDR, which unlike those before creates brand new residential floorspace rather than converting exiting floorspace to residential. However, the when determining the prior approval application, LPAs will also need to have regard to the National Planning Policy Framework, so far as relevant to the subject matter of the prior approval, as if the application were a planning application; none of the prior approval matters could be linked to the provision of affordable housing. The only way of seeking contributions might be if it were raised by a consultee, because Part 20 Class A prior approval applications will need to take into account any representations made to them as a result of any consultation.
Any planning obligation should be necessary to make the development acceptable in planning terms, directly related to the development, and fairly and reasonably related in scale and kind to the development.

If the existing building has a planning condition limiting it to a certain number of units or another control related to extending the building can I benefit from the PDR?

Please contact us to discuss this. While the GPDO cannot override a condition, the condition may not have been adequately drafted and/or may not apply in the context of a fresh planning permission to extend the building.

Image credit: Joshua Mancini via unspalsh

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Still going underground? The potential implications of COVID-19 on public transport and planning policy in London

Still going underground? The potential implications of COVID-19 on public transport and planning policy in London

James Tindale 25 Jun 2020
As the UK reaches past what will hopefully be the only peak of the COVID-19 pandemic, questions are being asked about what the ‘new normal’ will be post-pandemic. These questions include how long some form of social distancing will be required, where will we work in the future, and how we will get there.
Pre-pandemic, it was common for many people that work in the major commercial hubs of London such as Canary Wharf, the City of London and West End to commute via mass public transport services (e.g. London Underground, suburban railways and buses). The importance of these services pre-pandemic is reflected in statistics produced by the Office for Rail and Road (ORR) and Transport for London (TfL) that measure usage of the railway network and London Underground.
ORR statistics show that in 2018/19, there were 1,499 million entries and exits at above-ground railway stations within London, representing an increase of 50% over the number of entries in exits in 2007/08 (993 million)[1] (see Figure 1). Across the London Underground network, TfL estimates that there were 2,946 million entries and exits and around 1,358 million journeys in 2017, which represent increases of 23.1% and 26.7 respectively from 2007[2] (see Figure 2). However, it is worth noting there had been a slight decrease in exits and entries and journeys between 2016 and 2017, which impacted upon TfL’s income[3].
Figure 1 London Railway Station Entries and Exits, 2007/08 – 2018/19

Source ORR (2020) / Lichfields analysis

Figure 2 % Change in London Underground Entries and Exits and Network Journeys, 2007-2017

Source TfL (2020) / Lichfields analysis

The pandemic has, of course, radically impacted on passenger numbers for 2020 as the government introduced lockdown measures. The railway network is currently running at around 10% to 15% of pre-pandemic capacity because of social distancing measures and fewer services being run[4], while TfL estimates the London Underground with social distancing enforced will have the capacity to carry 13% to 15% of the normal number of passengers when running a full service[5]. This is further illustrated in Figure 3 which shows the difference between the normal capacity and an estimated enforced social distancing capacity of a train on each London Underground line.
Figure 3 London Underground Line Train Normal Capacities and Illustrative Enforced Social Distancing (1 metre) Capacities

Source: Lichfields analysis[6]

Note the illustrative capacity of trains on each London Underground line was calculated by taking the length of a train car, multiplying the length by the number of cars in each train and then dividing by one metre, which will be the minimum social distance recommended by the UK Government as of 4th July 2020. The actual social distancing capacity of trains on each line may vary from these illustrative estimates as the length of each train is the primary input and the calculations do not take account of how the width of a train could be used to boost capacity and the effect of household groups travelling together.

Working from home where possible has become a common occurrence and is clearly shown by the Office for National Statistics (ONS) Lifestyle and Opinions Survey dataset, which indicates 44.1% of people surveyed at least partly worked from home between 24th April and 3rd May 2020[7]. This represents a significant increase from 2019 when 14.1% mainly worked at their own home, same grounds or buildings, or used their home as a base of operations[8].
As the workforce becomes increasingly used to working from home, there is the potential for it to become a more common occurrence post-pandemic as workers become used to a different lifestyle. Initial indications of this include the results of a survey undertaken by transport consultancy Systra, who found 17% of full and part-time workers believed they would work from home more once travel restrictions are lifted, and 27% of rail commuters said they would make fewer public transport trips[9]. The initial actions of some businesses also suggest the potential change, with Twitter offering the opportunity for UK staff to ‘work from home forever’.[10]
This potential shift in where people work could have significant implications not just for the organisations that run public transport services, who are already faced with further large drops in revenue because of the pandemic[11], but also how the Mayor of London and Greater London Authority (GLA) plan to focus development around existing public transport nodes and new public transport schemes (e.g. Crossrail 2 and the Bakerloo Line Extension). If people work from home more often and require public transport less, demand for services such as the London Underground could decrease, thereby introducing the question of whether there is also a need for the same level of new public transport infrastructure that adds new capacity to the system.
Living close to public transport nodes could also become a less important factor influencing where renters and homeowners choose to live, that might undermine to some extent the attractiveness of high-density new dwellings that are delivered under the premise of providing workers with an easy commute via public transport. The May 2020 RICS Residential Market Survey indicates this could occur – with 78% of respondents feeling there would be a decrease in the attractiveness of tower blocks, while the desirability of having a garden/balcony, being located near to green space and greater private/less communal space would increase (81%, 74% and 68% respectively)[12] – although respondents did not anticipate the desirability of being located near to a transport hub would change.
But the implications of any such potential shift in buyer attitudes could be significant – Table 2.1 of the Intend to Publish London Plan indicates 78,000 new homes could be accommodated within Opportunity Areas along Growth Corridors that include the Bakerloo Line Extension, Crossrail 2 South and Crossrail 2 North[13]. There is logic to why the Mayor and GLA have planned in this way; improvements in public transport have a history of bringing development forward in London. For example, the success of Canary Wharf as a business location was helped by the completion of the Jubilee Line Extension, and the Crossrail Property Impact and Regeneration Study (2018) indicates consent was gained for 90,599 residential units around Crossrail stations between 2008 and 2016[14]. Furthermore, analysis of London Development Database (LDD) completions data by Lichfields shows there have been considerable net gains in dwellings around Crossrail stations on the above-ground sections of the Great Western Mainline and Great Eastern Mainline (see Figure 4 and Figure 5 below)[15].
Figure 4 Cumulative Net Dwelling Completions within 0.8km of London Crossrail Stations on the Great Western Mainline and Great Eastern Mainline by Financial Year

Source: GLA (2020) / Lichfields analysis

Figure 5 Cumulative Net Dwelling Completions within 1.0km of London Crossrail Stations on the Great Western Mainline and Great Eastern Mainline by Financial Year

Source: GLA (2020) / Lichfields analysisNote that all numerical values in Figure 4 and Figure 5 are rounded to the nearest fifty. The stations included in the analysis for the above-ground sections of the Great Western Mainline and Great Eastern Mainline within London are as follows:East: Maryland; Forest Gate; Manor Park; Ilford; Seven Kings; Goodmayes; Chadwell Heath; Romford; Gidea Park; and Harold Wood.West: West Drayton; Hayes and Harlington; Southall; Hanwell; West Ealing; Ealing Broadway; and Acton Mainline.

Planning policy in London may need to adapt to find a new way forward. Essentially, planning can be viewed as a market intervention designed to deliver better places in the long-term than if short-term market forces were left unchecked; however, in the current circumstances, flexibility in policy may be of a benefit to enable quick interventions so that long-term ambitions do not go substantially off course. To inform whether and when quick interventions may be required, the Mayor and GLA could consider initiatives such as:
  • Monitoring the use of public transport in collaboration with organisations such as TfL and train companies to identify whether or not commuting patterns permanently change as a result of the pandemic;
  • Investigating how forms of private transport (e.g. bicycles and motorcycles) could be integrated into the backbone of planning policy to enable the same or better outcomes;
  • Engaging proactively with different stakeholders and organisations to gauge market sentiment; and
  • Analysing the latest data and intelligence to keep up to date with changing economic and social conditions.
The Mayor and GLA have the capability to undertake such initiatives, and it will be interesting to watch what they do in the light of the current pandemic and recent response from the Secretary of State on modifications to the London Plan in terms of post COVID-19 planning policies.

[1] Office for Rail and Road (ORR), (2020); Station Usage 2018-10 Time Series Data (revised March 2020)[2] Transport for London (TfL), (2018); Multi Year Station Entry and Exit Figures[3] https://www.wired.co.uk/article/tfl-finances-transport-for-london-deficit-passenger-numbers[4] https://uk.reuters.com/article/uk-health-coronavirus-britain-railway/with-one-way-systems-and-floor-markings-britain-increases-rail-services-idUKKBN22U0KC[5] https://tfl.gov.uk/info-for/media/press-releases/2020/may/tfl-announces-plan-to-help-london-travel-safely-and-sustainably[6] https://www.whatdotheyknow.com/request/239641/response/590412/attach/3/RS%20Info%20Sheets%204%20Edition.pdf[7] Office for National Statistics (ONS), (2020); Opinions and Lifestyle Survey (COVID-19 Module)[8] ONS, (2020); Homeworking in the UK Labour Market[9] https://www.systra.co.uk/en/newsroom-37/latest-news/article/public-transport-passengers-say-they-could-make-fewer-trips-after-pandemic[10] https://www.bbc.co.uk/news/technology-52628119[11] https://uk.reuters.com/article/uk-health-coronavirus-london-transport/london-transport-operator-secures-emergency-government-funding-bbc-idUKKBN22Q30A[12] RICS, (2020); May 2020: UK Residential Market Survey[13] Greater London Authority (GLA), (2019); The London Plan – Intend to Publish: Spatial Development Strategy for Greater London.[14] Crossrail, (2018); Crossrail Property Impact and Regeneration Study[15] GLA, (2020); London Development Database – Housing Completions Unit Level

Image credit: Claudia Soraya via Unsplash

 

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