News
Wales planning news, November 2021
25 Nov 2021
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Headline news |
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New pre application consultation requirements
For major development and developments of national significance in Wales, an Amendment Order in relation to pre-application consultation and consultation before the grant of planning permission has been laid which will require Fire and Rescue Authorities (FRAs) to be consulted for certain types of development. The Order amends the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (“the 2012 Order”) and the Developments of National Significance (Procedure) (Wales) Order 2016 (“the 2016 Order”) and will apply to applications submitted on or after the 25 April 2022. The type of applications that require consultation with FRAs are:
- Buildings where the proposed floor space is 1000 square metres or more.
- Development carried out on a site having an area of 1 hectare or more;
- Waste development (defined in Article 2 of the DMPWO) and in the case of planning applications for dwelling houses: where either the number of dwellinghouses to be provided is 10 or more or the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the number of dwellinghouses to be provided is 10 or more.
Developers will be able to consult with FRAs voluntarily from the 24 January 2022.
The changes also relate to post-submission consultation by local planning authorities. This applies for all the type of applications noted above and the following:
The changes also relate to post-submission consultation by local planning authorities. This applies for all the type of applications noted above and the following:
- Development which provides ten or more flats (whether by increasing the number of flats within an existing building or otherwise).
- Development which provides residential accommodation of ten or more rooms, not contained in dwellinghouses or flats, which are not solely used for cooking purposes and are not toilet facilities, service rooms, corridors, laundry rooms, hallways or utility rooms.
- Development which provides residential accommodation of ten or more rooms contained in a dwellinghouse or flat used as a house in multiple occupation, which are not solely used for cooking purposes and are not toilet facilities, service rooms, corridors, laundry rooms, hallways or utility rooms.
The Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2021
Dear Chief Planning Officer Letter, Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2021: Guidance on Fire and Rescue Authorities becoming statutory consultees
Dear Chief Planning Officer Letter, Development Procedure (Consultees) (Wales) (Miscellaneous Amendments) Order 2021: Guidance on Fire and Rescue Authorities becoming statutory consultees
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Quote of the month |
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By 2025 all new affordable homes in Wales will be built to net zero carbon, and our ambition is that our net zero standards are adopted by developers of all new homes regardless of tenure by this date. |
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Consultation on amendments to permitted development rights
The Welsh Government has published a consultation on amendments to the Town and Country Planning (General Permitted Development) Order 1995. The proposals seek to make permanent temporary changes to some of the permitted development rights introduced in the past 18 months seeking to assist with the public health response and economic recovery during the pandemic. The consultation also picks up wider proposed changes to electric vehicle charging infrastructure, renewable energy and telecommunications proposals that were consulted on in 2018. In more detail, the consultation covers the following:
- Permanently extending the time allowed for the temporary use of land, the impacts arising of such changes and requirements for mitigation measures of such changes;
- Permanently allowing specific changes from shops (Use Class A1), financial and professional services (A2) and food and drink uses (A3) to other specified uses appropriate for town centres;
- Permanently allowing the use of land adjacent to hospitality uses for the selling or serving of flood or drink from those premises and separately the installation of awnings;
- A retrospective consultation on the newly introduced provisions for the use of land and erection of buildings or structures by public authorities to respond to an emergency;
- Removal of permitted development rights for extensions and alterations to Houses of Multiple Occupation;
- Introduce a requirement for permeability for all new hard surfacing within the curtilage of a dwellinghouse, beyond the current requirement for this to be forward of the principle elevation;
- Relax some of the restrictions related to the type and height of electric vehicle charging infrastructure and to introduce advertising restrictions on such units;
- Reintroduce the ability to temporarily erect buildings and structures in response to Avian Influenza; and
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A number of changes to the circumstances where Article 4 directions can be made, how they are made and their scope, including but not limited to the removal of the need for Welsh Ministers to approve all Article 4 directions and the ability to introduce such directions with immediate effect for a six month period.
The consultation concludes on 15 February 2022.
Further consultation on changes to Planning Policy Wales, TAN4: retail and commercial developments and Class A, of the Use Classes Order, particularly where it can assist with town centre regeneration will be consulted upon in the future.
Further consultation on changes to Planning Policy Wales, TAN4: retail and commercial developments and Class A, of the Use Classes Order, particularly where it can assist with town centre regeneration will be consulted upon in the future.
Tidal lagoon proposed for Swansea
An international consortium has proposed to invest £1.7bn on a new tidal lagoon, located south of the Prince of Wales Dock. The project reflects Swansea Council’s long held vision of constructing a Dragon Energy Island in the Swansea Bay area. The lagoon would span 9.5km and could produce 320-megawatts of power. The scheme, known as Blue Eden, would be developed in three stages over twelve years and aims to start in 2023 and it is estimated that it will create 2,500 permanent jobs in Wales and the UK. The consortium has stated that no taxpayers’ money will be required for the development. As well as the tidal lagoon, the project will include:
- A manufacturing plant spanning 60,000 square metres producing high-tech batteries for renewable energy storage
- A battery facility that will enable storage of the energy produced locally and will power the site
- A climate change and oceanic research centre
- Waterfront homes for 5000 people and 150 floating eco-homes
- 94,000 square metre data centre
- 72,000 square metre floating solar array anchored in the Queen's dock area
Councillor Rob Stewart, Swansea Council Leader, said “Blue Eden will put Swansea and Wales at the cutting-edge of global renewable energy innovation, helping create thousands of well-paid jobs, significantly cut our carbon footprint and further raise Swansea's profile across the world as a place to invest”.
Net Zero Wales Plan
The Welsh Government has published ‘Net Zero Wales’. The report focuses on the second Carbon Budget which sets out climate policies until 2025. It also looks at the longer term goal of achieving net zero carbon emissions by 2050. The Plan contains a number of new targets for the property sector. Firstly, a new standard will be set for social housing that aims to bring all homes as close as possible to achieving Energy Performance Certificate A within ten years. A new standard called ‘Welsh Housing Quality Standard 2022’ will “require the achievement of both affordable warmth and decarbonisation of homes, with a target date of 2033”. The Welsh Government has also set out the ambition for 148,000 homes to be retrofitted by 2025.
A reiteration of the Welsh Government’s strict standards for new-build social housing also features in the Plan. All new social housing will be required to meet design quality standards that prevent them from using fossil fuel-fired boilers, such as natural-gas boilers, for heating and hot water. These measures will contribute to the target of all new affordable homes in Wales being built to net zero carbon by 2025. The Welsh Government also would like to see that the same standard is delivered by all housing developers by the same date.
The Government has also pledged that all new schools and colleges in Wales will meet net zero carbon targets from January 2022. Buildings will be required to be net zero carbon in operation, which means producing zero or negative carbon emissions as part of their operational energy. The first generation of schools and colleges under the new rules will also be required to demonstrate a 20% reduction on the amount of embodied carbon in the construction process. The Government has committed to supporting 43,000 hectares of new woodland by 2030 and 180,000 by 2050. Another target is to reduce the number of car miles travelled per person by 10% by 2030 and to increase the proportion of trips by a sustainable method to 35% by 2025. The Welsh Government also wants nearly half of all car sales to be zero emission by the same date with a comprehensive network of charging points available.
Welsh Government, Press Release, All new schools and colleges in Wales to be net zero carbon
Welsh Government, Net Zero Wales
Welsh Government, Net Zero Wales
Building Regulations part L and F consultation
The Welsh Government is consulting on the final stage of a three-part consultation about proposed changes to the Building Regulations. This consultation sets out changes to Part L (Conservation of Fuel and Power) and Part F (Ventilation) of the Building Regulations for new and existing non-domestic buildings and overheating in new residential buildings. This follows previous consultations relating to Parts L and F for dwellings.
In this latest consultation, Part L focuses on shifting non-domestic buildings to use low carbon heat sources for heating and hot water. Subsequently, new non-domestic buildings constructed to the standard will be able to become carbon neutral over time as the electricity grid and heat networks decarbonise. Past F of the consultation focuses on updating guidance for non-domestic buildings with the aim of increasing fresh air rates and for monitoring of indoor air quality to reduce the transmission of airborne infectious agents in offices and other non-domestic buildings.
In this latest consultation, Part L focuses on shifting non-domestic buildings to use low carbon heat sources for heating and hot water. Subsequently, new non-domestic buildings constructed to the standard will be able to become carbon neutral over time as the electricity grid and heat networks decarbonise. Past F of the consultation focuses on updating guidance for non-domestic buildings with the aim of increasing fresh air rates and for monitoring of indoor air quality to reduce the transmission of airborne infectious agents in offices and other non-domestic buildings.
Proposals for overheating in dwellings now include non-domestic residential buildings e.g. care homes and halls of residence with the consultation also looking at related matters such as noise and security.
The intention is for the changes for dwellings to come into force in Summer 2022 while changes for non-domestic buildings to come into force in Autumn 2022. The consultation closes on 17 January 2022.
Suspension of the new Technical Advice Note 15
The revisions to Technical Advice Note 15 (TAN15) have been suspended and will not come into force until 1 June 2023. As discussed in our October planning news, TAN15 aims to inform local development plans and decisions on planning applications in locations which are designated at risk of flooding and coastal erosion. The advice should be used by local planning authorities and developers to direct development away from areas at risk. The revisions were introduced on 28 September and were due to come into effect from 1 December 2021. However, local authorities have raised concerns about the new policy advice and flood map. In a letter to Chief Planners, Minister for Climate Change Julie James has stated that the existing Tan15, published in 2004 and the Development Advice Map will continue as the framework for assessing food risk in the meantime. The letter also states that Policy 8 of ‘Future Wales – the national plan 2040’ provides the context for local authorities to consider the impact of flooding. A new requirement will come into force, requiring local planning authorities to complete a Strategic Flood Consequences Assessments for their area within the next 12 months. Authorities must also identify a pipeline of priority flood risk management schemes to address flood risk. The Minister also stated that there will also be no further delay for introducing the revised TAN15 beyond June 2023.
Consultation on Second Homes and Short-term holiday lets
The Welsh Government has published a consultation on the proposals to amend legislation and planning policy in Wales to help local planning authorities manage second homes and short-term holiday lets. It is proposing to amend the Town and Country Planning (Use Classes) Order 1987 to create new use classes for primary homes, secondary homes and short-term holiday lets. Amendments are also proposed to the Town and Country Planning (General Permitted Development) Order 1995 to allow permitted changes between the new use classes for primary homes, secondary homes and short-term holiday lets - these permitted development rights could be dis-applied within a specific area by introducing an Article 4 Direction. Also, the consultation proposes amendments to Planning Policy Wales to state that the prevalence of second homes and short-term holiday lets in a local area must be taken into account when considering housing requirements and policy in Local Development Plans. The Welsh Government has made addressing the issue of second home ownership a priority in its 22 November 2021 Co-operation Agreement with Plaid Cymru, with both parties pledging to take immediate action. The consultation closes on 22 February 2022.
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The Lichfields perspective |
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Following a busy month for the Welsh Government’s planning team, it is positive to see that adequate time has been allowed for the new fire and rescue consultation requirements and that supporting COVID-19 recovery is recognised in the permitted development rights consultation. Providing sufficient time and a framework for applicants and the industry to respond to changing planning requirements and to the wider economic context is vital.
Helen Ashby-Ridgway, Planning Director |
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Disclaimer: This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116