Planning matters

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

Lessons for the future

Andrew Darby 24 Jun 2022
Town planning was a very new discipline when Lichfields was established in 1962 - and schools were a whole lot different. Celebrating our 60th birthday in 2022, these days the education sector is a key area of expertise for Lichfields; helping to create places for future generations to learn, as well as places to live.
From advising schools, colleges and universities, and managing major new academic, residential and sport developments, we have guided a range of education projects through the planning system - the requirements of which have changed a lot over the past six decades. Gone are the cold corridors, crammed classrooms and tarmac playgrounds, and in are 4G pitches, PV solar panels and rain gardens.
As the UK’s post-war schools reach the end of their lifespan, we are now planning the schools of the future, working with contractors like Bam Construction on various new buildings under the Department for Education’s ‘School Rebuilding Programme’ (‘SRP’).

Image credit: Ryder Architecture / Render 3D

Each school responds to a range of requirements outlined by DfE, creating a learning environment that meet the demands of the current education system, but which flexes and adapts to future teaching methods and an ever-changing curriculum. Increasingly critical to these projects has been a focus on delivering buildings that are sustainable and which address the challenges of the climate emergency.
DfE’s Sustainability Annexe outlines the sustainability criteria, required to secure the necessary funding for the replacement of eligible buildings with new schools for the future. Working with architects such as Ryder, recent projects have embraced a range of cutting-edge building technologies, including:
 
  • Meeting minimum standards for daylight, assessed through climate-based daylight modelling, to provide a high-quality internal environment and minimise the use of artificial light;
     
  • Mitigating overheating risk in warmer seasons and minimising heat loss during colder seasons through the optimisation of glazing area, shading, glass performance and window layout;
     
  • Maximising airtightness and levels of insulation to minimise heat loss;
     
  • Providing sufficient natural ventilation to mitigate overheating in warmer seasons, and allow for sufficient air changes in cool seasons whilst not resulting in excessive heat loss and in turn the need to heat spaces, through the provision of opening windows and / or louvres and heat recovery ventilation units;
     
  • Mitigating the risk of glare and ensure that natural ventilation systems can operate when shading devices such as blinds are in use;
     
  • Providing a roof with integrated photovoltaic cells which requires the roof to be of a flat roof construction rather than pitches.
 

Our latest project - Whitley Bay High School

 


Image credit: Ryder Architecture / Render 3D

Working with BAM Construction - our latest and sixth future school project at Whitley Bay High School, we worked within the DfE’s specification and the scheme was granted planning permission by North Tyneside Council in March 2022.
The school will incorporate photovoltaic panels, air source heat pumps and hybrid ventilation, as well as a range of energy efficient technology, such as hybrid ventilation and heat recovery; low energy LED lighting; and maximised use of natural light. With programming always critical to the delivery of education projects, the project was approved well within the timescales required to ensure a start on site by the DfE’s target date.  

Image credit: Ryder Architecture / Render 3D

 

Put your hand up!

Lichfields has built an enviable track record assisting in the delivery of school projects, and look forward to another 60 years of creating high quality learning environments for future generations!
If you require advice on a similar project, please get in touch and we will be be happy to help.

 

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Permanent fast-tracked pavement licensing – regeneration, one patio set at a time

What is the fast-tracked system?

In late-June 2020, as we emerged from the first lockdown, I wrote a blog reflecting on the provisions of the Business and Planning Act 2020, which included new legislation for fast-tracked pavement licences with application fees capped at £100. This was intended to be a temporary lifeline for pubs, bars, restaurants, and cafes, and presented an opportunity for businesses in the hospitality sector to quickly replace lost indoor capacity during lockdown and then increase capacity to help businesses to thrive once restrictions ended.
The pavement licensing system introduced two years ago allows licence holders to place removable furniture (counters, stalls, tables, chairs, benches, umbrellas, heaters etc) over certain highways adjacent to the premises which the application was made for, for the selling, serving and/or consumption of food or drink. These licences remain valid for between 3-12 months (depending on the local authority’s decision). It also introduced a reduced public consultation period (7 days) and low application fees (capped at £100). Clear access routes on highways need to be maintained in all cases to take account of the needs of pedestrians and disabled people.
Figure 1: The Tyne Bar, Ouseburn, Newcastle

Why is it being made permanent?

In July 2021, the Government extended the temporary pavement licence provisions until September 2022 as they had been found to be both popular and successful in supporting pubs, restaurants and cafes during the pandemic. This extension was also supported by local authorities, who in some cases offered subsidised, or free, fast-tracked pavement licences. By March 2022, UK Hospitality (UKH) was calling for the Government to make the fast-track pavement licensing system permanent to help the hospitality sector make a stronger post-pandemic recovery.
The Government has listened, and its new Levelling Up & Regeneration Bill proposes to make the pavement licensing system permanent to support its long-term regeneration of town centres and ‘levelling up’ strategy. Boris Johnson commented: “to support vibrant high streets…pavement licensing red-tape will be permanently scrapped, freeing up businesses to serve food al fresco and attract diners all year round.”[1]
Earlier this month, Lichfields published a blog reviewing the government’s approach to achieving regeneration in the Levelling Up and Regeneration Bill, which identified greater flexibility on the high street, including permanent fast-tracked pavement licensing. The Government clearly believe it can continue to contribute to the vitality and viability of our town centres.
This blog looks at the outcomes of fast-tracked pavement licensing since July 2020 and what a permanent al fresco dining and drinking culture could mean for our high streets and town centres in the future.
 

From pubs to Parliament, pavement licences have widespread support

Fast-tracked pavement licences have proven to be immensely popular, as evidenced by the massive increase in the number of outdoor seating areas in towns and cities across the country since July 2020. When the temporary measures were introduced, the hospitality sector responded quickly, creating thousands of new outdoor dining and drinking spaces where there had previously been none. Many businesses have invested heavily to set up heated, well-lit, and covered seating areas, with some going as far as to install dining pods and yurts. Although, in the case of dining pods and yurts in particular, separate planning permission may also be required.
Figure 2: Camden Market, London
These new spaces have remained popular, have brought visible signs of vitality and life to the high street, and are often seen as a vast improvement to formerly dreary and underused spaces dominated by parked cars and traffic noise. This has boosted the visibility and appeal of many bars, cafes, and restaurants which can now bring a new offer to customers, and in some cases, it has allowed businesses to double their capacity.

Is the permanent fast-tracked system exactly the same as the original?

There will be some changes to the original system with local authorities able to grant longer licenses lasting up to 24 months. The charges for license renewals will also rise from £100 to £350 and applicants for new licenses will be expected to pay £500.

Are there any potential issues?

Although there has been a great deal of support for making fast-track pavement licensing measures permanent, there have been concerns raised about the impact on accessibility for wheelchair users and the loss of public space. The Local Government Association (‘LGA’) has called for better enforcement powers in the new legislation so that Councils can act against businesses that flout the rules and block pavements.
The proposed increase in application fees for future pavement license applications may be manageable for larger businesses but could prove to be a significant burden for smaller, independent businesses.

What role can pavement licensing play in levelling-up, regeneration and town centres of the future?

It has been widely reported that each outdoor seat created by businesses in the hospitality sector could boost their revenue by up to £6,000[2] a year, and that a third of restaurants, cafes and bars have the space to apply for a pavement license. This could provide a significant financial boost to restaurants, bars and cafes by permanently increasing their capacity and turnover. It is hoped that greater use of such businesses will have a spill over effect by helping high streets and other local economies recover from the pandemic and supporting their long-term regeneration. The last two years has shown that these new outdoor spaces have the potential to bring active uses to the streets themselves and improve the overall vitality and appeal of town centres – all of which is vital in supporting the Government’s wider regeneration strategy.
Fast-track pavement licensing has been seen to drive forward the growth of al fresco dining and a ‘café culture’ over the last two years, which was far less common prior to the pandemic and has changed the way we use outdoor spaces in town centres and high streets. This has coincided with the emergence of ‘streateries’ (outdoor dining areas located in spaces previously dedicated to vehicles), which began to appear in towns and cities across the country in 2020. In some places these are set to stay, recognising both their popularity and the economic boost they have delivered to local businesses.
In Manchester’s Northern Quarter, parts of Thomas Street and Edge Street are now closed for most of the day, allowing bars and restaurants to set out seating areas along the road. Similar measures have been taken in parts of London, where councillors recently voted in February to support the continuation of the Belsize Village ‘streatery’ scheme. It received popular support from residents and councillors, in part, because of the contribution the scheme is considered to have made to driving up footfall and reducing the number of empty commercial premises. This also fits neatly with wider economic and environmental strategies aimed at revitalising high streets, whilst making them greener and more sustainable. This is at the crux of the Government’s ‘levelling up’ agenda.
Figure 3: Edge Street, Northern Quarter, Manchester
Figure 4: Belsize Park, London

Where can Lichfields help?

Lichfields is continuing to identify changes and emerging opportunities on the High Street and is closely monitoring the progress and content of the Levelling Up and Regeneration Bill.
Until the permanent measures are adopted, business can continue to benefit from the lower application fees that are currently in place. Businesses with a pavement licence that is due to expire before the end of September 2022, or businesses without a licence, should consider whether to apply for one soon to benefit from the lower fees whilst they remain in place.
Lichfields is well placed to prepare and manage applications for pavement licences on behalf of pub, bar, restaurant and café operators, and any related planning applications. We have good relationships with local authorities across the country and are ready to liaise with officers to achieve swift, positive outcomes.
 

 

[1] https://www.gov.uk/government/news/prime-minister-to-give-local-leaders-power-to-breathe-new-life-into-high-streets

[2] https://www.thedrinksbusiness.com/2022/05/new-uk-al-fresco-dining-laws-to-make-outdoor-dining-a-permanent-fixture/

Header image: Outdoor dining in Soho, London, during the ‘Eat Out to Help Out’ scheme

 

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Is your planning application at risk? New BRE Report 209 Guidance: Fundamental Changes to Daylight and Sunlight Assessments
The BRE Daylight and Sunlight Report (Site Layout Planning for Daylight and Sunlight: a guide to good practice) has been revised. The guidance contained in the Report has been updated to reflect the changes in the British Standard. It will fundamentally change the way applicants are required to assess natural light conditions for all residential planning applications. It also introduces a requirement to assess other non-residential uses. 
The revised BRE Report is a guidance document giving advice on the interpretation of the recommendations given in both British Standard BS EN 17037 and CIBSE guide LG10. The previous British Standard (BS 8206 part 2) was replaced in June 2019 by BS EN 17037.
BS EN 17037 introduces a number of new tests and definitions to the current daylight and sunlight testing practices. The most notable changes are:
  • The Average Daylight Factor (ADF) and No Sky Line/Daylight Distribution (DD) tests for proposed accommodation are deleted and replaced.
     
  • Daylight in proposed buildings is to be assessed with reference to the area of the room achieving target daylight factors. An alternative test using target Lux value is also discussed. Both are valid and either can be used by an applicant. The tests introduce the effects of internally and externally reflected light into the daylight evaluation. Target illuminance testing also introduces time criterion.
     
  • Further qualitative tests for View, Sunlight Exposure and Glare are introduced.
     
  • The current documents (BRE Report, BS 8206 part 2 and LG10) discuss daylight and sunlight within homes, schools, hotels and hospitals but do not apply guidance to workspace. The new standard applies to the above buildings and additionally, provides guidance for workspaces.
As anticipated the revised BRE Report leaves the current recommendations for effects on neighbouring properties and open spaces untouched. The major changes will be to assessment of proposed developments with the current daylight (VSC, ADF, DD) and sunlight (APSH) tests being superseded by the new tests.
The changes will have a profound effect on the way daylight and sunlight within new development is assessed. Developers, architects and local planning authorities should be aware of the changes and the implications they will have during the design process and in the determination of planning applications.

Daylight within proposed accommodation

The previous BRE Report recommended that daylight within proposed accommodation was tested using the Average Daylight Factor (ADF), Room Depth and No-Sky Line or ‘Daylight Distribution’ (DD) tests. These tests are deleted and replaced with daylight provision which will now be tested through either of two tests. The new tests are undertaken with reference to minimum, medium and high target illuminance values.
The first suggested test assesses daylight factors[1] across a reference plane at 850mm above floor level covering the whole room area. The plane should see the target daylight factor (DTM) achieved across at least 50% of the test plane. For the United Kingdom the target minimum, medium and high daylight factor (D) values are set at 2.1%, 3.5% and 5.0% respectively. For example, as a minimum, rooms should see D values of 2.1% or above across half of their area tested at 850mm above the floor.
The second test applies minimum target illuminance (ET) targets to be achieved across 50% of a reference plane set at 850mm above the floor. These values, 100 lux for bedrooms, 150 lux for living rooms and 200 lx for kitchens mimic the traditionally applied ADF targets. Local climatic data is used and the ET should be achieved for at least half of the available daylight hours (i.e. for 2190 hours per year).
BS EN 17037 Daylight tests summary table:
 

Sunlight within proposed accommodation

The Annual Probable Sunlight Hours (APSH) tests discussed in the BRE Report are also to be replaced. Under the BS EN 17037 guidance, sunlight amenity is tested on any date between February 1st and March 21st for spaces receiving sun beams (i.e. those facing within 90 degrees of due south). The test determines the possible sunlight duration for that day:
  • minimum being 1.5 hours,
     
  • medium being 3.0 hours, and
     
  • high exposure being 4.0 hours.
The assessment is undertaken at a test point on the inside face of the window. Rooms with multiple windows can add the values for each window together where they occur at different times in the day. BS EN 17037 recommends that the at least one habitable room (living room, bedroom, nursery or kitchen) in a whole dwelling should comply with the guidance.

View

BS EN 17037 discusses the importance of ‘view’ on occupants of assessed spaces. It introduces several criteria that combine to form a view and provides guidance on assessing whether the view is rated as minimum, medium or high. A number of testing methodologies are discussed in the BS and all are used to determine the quality of the view and provide minimum window sizes driven by room size. This guidance can be applied to proposed units and neighbouring buildings.
To assess ‘view’, test points are determined within the ‘utilized’ area of the room. These test points are not fixed and are chosen to represent where occupants are likely to spend much of their time. The test points are used to determine the horizontal sight lines and number of layers of view visible when tested at 1.2 m above the floor level. Additionally, the distance to external obstructions is determined. All of the factors are then assessed to determine the rating of the view.
BS EN 17037 View tests summary table:

Glare

BS EN 17037 discusses the effects of overly bright areas or areas where there is a strong contrast between light and dark on the human eye. Importantly the new BS recommends that for areas where people cannot choose their position and viewing direction, protection from glare is provided. The standard discusses a number of tests that can be applied to assess the potential for glare and the effectiveness of the provided protection. In practical terms glare assessment is unlikely to be required in housing as a general rule as occupants can choose to change position or are able to use shading devices (blinds/curtains) to mitigate the instances.

Summary

BS EN 17037 changes the tests to be applied when assessing natural light provision within proposed accommodation. The previous daylight tests of ADF and DD/No-Sky Line are deleted and replaced. Sunlight tests are also deleted and replaced. Additional testing for ‘view’ is be introduced.
The revised methodologies are significantly different from the ‘traditional’ approaches to assessing daylight and sunlight conditions for planning. They provide a more accurate assessment of natural light within buildings. The move away from the previous simplified calculations has been brought about by the advances in simulation technology and the need to provide practical guidance for natural light in urban areas.
The changes will have a pronounced effect on the way daylight and sunlight is assessed for all residential planning applications. Developers, architects and local planning authorities will need to familiarise themselves with the new guidance to ensure it is correctly applied in the design of new development and in the determination of planning applications
Lichfields’ Natural Light team is well versed in the changes and has been using the revised calculations for some time to provide discussion and verification of findings for developments in dense urban areas. We would be happy to discuss the revised calculations and their impacts on natural light testing or can arrange a CPD session covering these new approaches to the assessment of daylight and sunlight.
 

[1] Ratio of illuminance received directly or indirectly from an overcast sky at a point on a reference plane to that received by an unobstructed horizontal plane.

 

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