Planning matters blog | Lichfields

Planning matters

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

A Test of Character: Suburban stasis or the case for development
December 2023 brought a plethora of measures relating to housing and planning from the Secretary of State, as indeed did December 2022. This blog considers the implications of of ‘character’ analysis and value in the context of suburban densification.
Back in January 2023, I prepared a blog expressing numerous reservations on the proposed changes in the NPPF (December 2022) regarding acceptable new density in suburban areas.  Some of the text and rhetoric in the new NPPF on this issue has changed in the final published version adding clarity, but the limitations to delivering the new homes that we need in sustainable suburban locations remains.
I start with an overview of Mr Gove's Written Statement (WMS) on 19th December, as this will have been very carefully crafted to detail his intent for the changes to the NPPF.  On character’, Mr Gove makes the position very clear early on by advising that the new NPPF provides certainty on the responsibility of urban authorities to play their full part in meeting housing need” so far so good, but “…. and protections for the character of precious neighbourhoods, safeguarding the gentle density of suburbs". “Protections" is a strong word, more commonly used with reference to designated assets and “safeguarding" of minerals etc. I would question whether these are worthy of all our suburban areas across the country.
Reading on however, the final version also appears to have more pragmatism for policy and decision making with, what I see as a series of tests.
Firstly, the test for “new development" in such areas of local ‘character’. The WMS clarifies that the new NPPF will safeguard local plans from densities that would be wholly out of character". This clearly indicates that ‘character’ is an issue to be considered at the Local Plan stage and that the test is wholly out of character – a high bar, which allows for some change to occur.
Secondly, Mr Gove identifies that the objectively assessed housing need figures have sometimes been difficult to achieve in some areas and are “… blind to the exceptional characteristics of a local community".  So, potentially, another high bar is set with the need for LPAs to demonstrate exceptional characteristics.  It will be interesting to see how this is framed in the all-important forthcoming Design Guides or Codes and how Inspectors at Examinations in Public will deal with this across a whole Borough/District.
Thirdly, supporting Gentle Densification. The SoS notes that England's cities are already less dense than those of most of our European neighbours and “That is environmentally wasteful and economically inefficient". A strongly worded diagnosis of the issue that would surely require a powerful and meaningful policy response, presumably targeting suburban areas?  Alas, the approach taken is more of a whimper … “We seek to support the gentle densification of urban areas”. Gentle can be interpreted in many ways, none of which lead to the transformation of our sustainable suburban areas to meet significant housing needs.
But stitching this all together, we have the SoS' definitive statement on the matter “The new NPPF therefore recognises that there may be situations where significant uplifts in residential densities would be inappropriate as they would be wholly out of character with the existing area".  The tests here are clear – ‘may’, ‘significant uplifts’ and ‘wholly out of character’. The NPPF also clarifies that this will apply only where there is a design code which is adopted or will be adopted as part of the local plan – so there should be time to be involved with the all-important early analysis on character and scope for change.
While this position would appear to be clear from the WMS, the text of the NPPF retains seemingly conflicting statements. On one hand, paragraph 128(d) which refers to “the desirability of maintaining an area's prevailing character and setting", which is clearly at odds with wholly out of character. On the other, and hopefully resolving this, paragraph 129 (a) includes a statement that “These [density] standards should seek a significant uplift in the average density of residential development within these areas, unless it can be shown that there are strong reasons why this would be inappropriate”. Paragraph 130 clarifies this further, referring to the tests I mention above. 
What are the practical implications of this? Only after the outcome of a few Examinations in Public on Local Plans covering suburban areas will we know in practice how character and changes in density will be managed, and the extent to which a Design Code may control this.
Deviating a little from the significance of Local Plans and Design Codes in determining appropriate densities and perhaps by way of confirmation of intent on the matter of character and changes in density, there have been a few recent planning appeal decisions by the Secretary of State in London where impact on character in suburban areas, has been one of the main considerations. 
At Isleworth there were two appeals [Homebase and Tesco: APP/F5540/V/21/3287726 and 3287727]. For the Homebase scheme the SoS overruled the Inspector on character. “The Secretary of State disagrees with the Inspector's conclusion in IR14.34 that the proposal would result in significant harm to the character and appearance of the area” determining that the development would not appear excessively large in its context but would rather create a gateway position on the Great Western Road and create “an appropriate transition in scale to the residential areas on Syon Lane". In the decision letter it is encouragingly added that, unlike the Inspector, the Secretary of State concludes that the scheme (in compliance with LonP Policy D3) “takes a design-led approach to the proposal which optimises the capacity of sites”, and he found that the development is of the "most appropriate form for a site responding to the existing character of the place". In the Tesco case, both the Inspector and SoS agreed that the scheme demonstrated a layered form which would satisfactorily mediate the transition in scale between the existing and emerging contexts and create interest in the skyline.
At Cricklewood [APP/N5090/W/22/3307073] it was a slightly different scenario, as the application was called in by the SoS. In this case, Barnet Council noted that the 2010 Barnet Characterisation Study identifies that Barnet is predominantly suburban in character, with terraced housing the most common form.  It was also noted that although there are some taller buildings in the surrounding area, these are some distance from the application site and the model presented at the Inquiry and the applicant study demonstrated the predominantly low-rise nature of the area. The Council was, therefore, of the view that such tall buildings as those proposed would be exceptional within the area and that “The application scheme's height, scale and massing represent incongruous overdevelopment, out of context with the character of the area and harmful to nearby heritage assets". However, the SoS took a contrary view, concluding that “Although the proposal envisages tall buildings in a predominantly low-rise area, their quality, and their place in the surrounding London context of scattered clusters of tall buildings, together with their location in a town centre next to a railway station, warrants a development of tall buildings".
From these recent SoS decisions, it would appear that there are still troubles ahead, with LPAs seeking to protect their suburban character, but that there is still a case to argue that tall buildings/higher density development can be appropriate within a predominantly suburban area.  However, my concern remains that it will be difficult to make these site-specific cases through the District/Borough wide Design Guide/Code and Local Plan processes and that once this opportunity is missed, it will be harder, in this context, to argue for anything more than a few storeys higher (perhaps) in suburban areas. This will not deliver the homes needed across our cities and particularly in their accessible and well serviced suburbs.
To conclude there is an opportunity, albeit accompanied with a note of caution, to seek to address or clarify such matters in the forthcoming Design Guides or Codes on future density in suburban areas. These should “… provide maximum clarity about design expectations at an early stage…" and should “…reflect local character and design preferences" (NPPF, paragraph 133). It will therefore be essential to engage in the production of these documents, with specialist townscape advisers, to seek to ensure that there is scope for new development to do more than reflect local suburban character, where this is not appropriate or necessary.
In the meantime, for applications being considered in advance of authority wide Design Codes/Guides, there will be a heightened need for robust area-based character assessments to support proposals which seek to uplift the density of the existing area.

CONTINUE READING

The draft NPPF - ‘Density and the implications for suburbia'

A new emphasis on density and character

There are two new references within the draft NPPF on density, one of which is in line with the previous direction of travel…
Footnote 30:  In doing so, brownfield and other under-utilised urban sites should be prioritised, and on these sites density should be optimised to promote the most efficient use of land, something which can be informed by masterplans and design codes. [The bold is my emphasis]
…but the other one has, potentially, more serious implications for housing delivery:
11 (b) strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas, unless: ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole such adverse impacts may include situations where meeting need in full would mean building at densities significantly out of character with the existing area.  (Footnote 8 advises that this should be in the context of ‘taking into account any design guides or codes which form part of the development plan for the area, or which are adopted as supplementary planning guidance’. [The bold is my emphasis]
It is clear that the change in paragraph 11 is meant to be an important change because this is raised in paragraph 9 of the consultation document ‘Reforms to national policy’ as the ‘first’ change:
Taking account of constraints and previous plans: we propose to make 3 changes relating to matters that may need to be considered when assessing whether a plan can meet all of the housing need which has been identified locally:
First, we intend to make clear that if housing need can be met only by building at densities which would be significantly out-of-character with the existing area (taking into account the principles in local design guides or codes), this may be an adverse impact which could outweigh the benefits of meeting need in full (as set out in paragraph 11(b)(ii) of the existing Framework). This change recognises the importance of being able to plan for growth in a way which recognises places’ distinctive characters and delivers attractive environments which have local support; imperatives which are reflected in the Framework’s chapter on achieving well-designed places
 

What are the potential implications?

Some may not regard this proposed change as either particularly new or significant in terms of either local plans or development management as surely all development should ‘have regard’ to existing character, but I would urge caution as to both the implications for local plan preparation and in the determination of planning applications. From a recent appeal for new development in a suburban area, I have first-hand experienced of the potential impacts this could have on development management decisions.
My main concern is the application of this ‘test’ in the context of the suburban areas of all of our major urban areas which, with all due respect, I have found to be fairly similar across London, Birmingham, Manchester, Leeds, Newcastle etc. So, while these areas may have ‘a character’ they do not, in my view, necessarily have a particularly ‘distinctive’ character that needs to be recognised per se and used to potentially prohibit newer development being built at higher densities in appropriate (not all) locations within such areas.
In my view, this is important, not only to assist in delivering the new homes we need, but also because it is still the intention, as set out in the consultation on ‘Reforms to national policy’ that:
The method for calculating local housing need was amended in 2020 to apply an uplift of 35% for the 20 largest towns and cities, in recognition of this potential. The government intends to maintain this uplift and to require that this is, so far as possible, met by the towns and cities concerned rather than exported to surrounding areas’. (paragraph 14)
So, in a time when many of our cities are already struggling to deliver the homes needed within their boundaries, how will they achieve the housing growth required within their urban boundary. Surely, those authorities will need to look to locations in their lower density, predominantly two storey, suburban areas - which have good access to stations, bus stops, schools, employment and shops - to deliver higher density development?
But that assumption should be treated with caution. As I mentioned earlier, at a recent appeal Theresa Villiers MP for Chipping Barnet was of the view that a development, which was supported by officers and the GLA ‘… will be discordant and completely out of place next to open space in a low rise Victorian Edwardian suburb with distinctive character’.  To be clear, the proposed development was not for ‘tall’ buildings, but they were taller than the surroundings, and there was no Conservation Area in proximity of the site.
The Planning Inspector dismissed the appeal, while noting that ‘Against this has to be balanced the benefits of the scheme. These would be substantial. The need for new housing is acute and the LonP makes clear that development must make the best use of land and optimise the capacity of sites. The proposed development would provide 539 new homes of which 35% (calculated by habitable rooms) would be affordable. The new homes would have a social benefit and there would of course be an economic benefit from the development, with jobs created and more people to put money into the local economy in the longer term and the financial benefit of the new homes bonus’.
Notwithstanding such substantial benefits being provided by the development the Inspector took the view that: ‘However, I cannot accept that this approach should mean a complete disregard for wider context, even where a site is relatively self-contained, and nor do I consider that only such things as conservation areas and historical assets should be considered to be ‘special’ or ‘valued’. The Inspector noting that ‘The Character Study is generally correct therefore in informing that Barnet is generally suburban in character, with most properties in New Barnet rising to two or three stories.  In terms of the CS the typologies in evidence in the area are residential streets, residential estates, and the town centre’. 
So, ‘suburban in character’ won the day, but can these character traits not be applied across the country?
 

Implications for local plans

As a further note of caution, I bring us back to the preparation of Local Plans. The reference to densities and character of areas in the draft NPPF is in fact related specifically to the ability to meet the objectively assessed housing needs in full and that ‘this may not be possible’ if, for example, an ‘adverse impact’ involved a situation where meeting need in full would mean ‘building at densities significantly out of character with the existing area’.
My issue is one of timing, process and definition. The draft NPPF advises in draft footnote 8 and in the ‘Review of national policy’ that this should involve ‘Taking into account any design guides or codes which form part of the development plan for the area, or which are adopted as supplementary planning guidance’. 
There are a few of points of concern here. Firstly, draft footnote 8 says that the design codes that are currently SPGs should be taken into account in the same way as the SPGs that will be subject to independent examination in due course. This not only elevates them into the presumption in favour of sustainable development for plan-making, but potentially discourages the expensive drafting of a new Design Code until the current SPGs “cease to have effect at the point at which authorities are required to have a new-style plan in place”.
Secondly, is there a chicken and egg issue here? With under resourced local planning authorities, will Design Codes be prepared and in place before a Council has considered the spatial strategy and will those identify how many homes can be delivered with the urban areas? Further, at the end of the process, I cannot see how a local plan Inspector at an EiP can realistically spend sufficient time exploring whether the character of all areas within a Borough or District can or cannot accommodate increased densities to a lesser or greater extent.
Furthermore, in the same way that the character traits discussed above might be applied across the country, the Barnet appeal decision referred to generic policy and guidance on design set out in the NPPF and National Design Guidance and considered it “not dissimilar to the advice given within the documents listed within [ten year old local] policy CS5”, with the local policy thus being afforded full weight. Unless Design Codes are required to go much further than national policy and guidance, it will be open to local authorities simply to rely on the fallback to that national policy and guidance, in the way that many do for various policy aspects – and long before national development management policies come into force.
 

A pragmatic way forward?

The London Plan seeks to reconcile this dichotomy by recognising that:
As change is a fundamental characteristic of London, respecting character and accommodating change should not be seen as mutually exclusive. Understanding of the character of a place should not seek to preserve things in a static way but should ensure an appropriate balance is struck between existing fabric and any proposed change. Opportunities for change and transformation, through new building forms and typologies, should be informed by an understanding of a place’s distinctive character, recognising that not all elements of a place are special and valued (paragraph 3.1.7). [The bold is my emphasis]
This seems a sensible way forward and I consider this clarification is required if the application by local communities and councillors of wording regarding densities and the impact on character of an area is not to be used to prevent the building of new homes in areas where they are needed and can be sustainably provided.
 

Be involved in the debate

We will, need to be careful going forward on how reference to density is eventually worded and how this is applied to large parts of our urban areas, during the local plan process.
We will need to remain vigilant, to ensure that the concept of optimising density to promote the most efficient use of land, which is so strongly worded within the NPPF, and the many benefits that arise from higher density housing development is not overshadowed by the desire to preserve ‘any’ character of our suburban areas and by the debate on what is ‘significantly’ out of character with such areas.
In addition, needless to say, active monitoring and involvement with local planning authorities on Design Codes should be a must for all housebuilders and developers, as these will, undoubtedly, have an impact on development going forward. It will be more important than ever to ensure that the wording/intent of the NPPF is not misapplied in local plans and all efforts should be applied to seek to influence the description or definition of ‘character’ and how this could accommodate change.  As a final point, given that there is likely to be a national set of development management policies, more pressure should be applied to seek flexible policies in local plans that allow for change in the character within local planning authority areas and for local plans to identify areas where higher density and/or tall buildings will be appropriate – subject, quite rightly, to good design.
 
 

 

CONTINUE READING