Tag Archives: planning permission

August 2022 issue of SPEL Journal (Scottish Planning & Environmental Law) out now

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The Scottish planning system and planning services are in the midst of a period of significant change at the moment, both as a result of strategic reforms and the transition away from the temporary changes to planning operations which were introduced as a result of the pandemic.

The Scottish Government has completed its public consultation and parliamentary scrutiny of the Fourth National Planning Framework (NPF4) and expects to put forward a revised draft for approval to the Scottish Parliament in the autumn.

There is ongoing work to develop the arrangements for the new-style local development plans, which will sit alongside NPF4 as the statutory development plan. Recent months have also seen consultations on the Open Space Strategy and the Play Sufficiency Assessment, as well as the next phase of the review of permitted development rights. The digital transformation of planning programme has also moved into its second year.

At such a busy time within the planning sector, a key resource for planners and planning lawyers is the Scottish Planning and Environmental Law Journal. Bringing together commentary and analysis from leading professionals, lawyers and academics, the journal explores current developments and case law, and is published every two months.

August 2022 issue

The August 2022 issue has just been published and includes articles focusing on:

  • NPF4, place and the 20-minute neighbourhood concept
  • Commentary on the review of the role of incineration in the waste hierarchy
  • Natural capital in the context of Scottish land use management and the goal of a Just Transition
  • The circular economy and implications for the waste sector

Each issue of SPEL Journal includes comment on key court cases. Within the August 2022 issue these include the Court of Appeal case relating to private law actions about unauthorised sewage discharges (The Manchester Ship Canal Company Ltd v United Utilities Water Ltd).

Recent developments in environmental planning, law and policy are also covered. The proposed Land Reform Bill continues its progress, with a public consultation underway. There have also been announcements relating to the Scottish Government’s drive to increase hydrogen fuel production capacity. Planning permission was recently granted for Scotland’s first plastic-to-hydrogen facility, which will be constructed in Clydebank, and new funding has been launched to support innovation in the hydrogen fuel sector.

A long tradition of supporting the professions

SPEL Journal (Scottish Planning & Environmental Law) launched over 35 years ago and is one of the leading information sources on land use planning and environmental legislation across the country.

Written by a diverse range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many outside of Scotland who wish to keep up-to-date with developments.

SPEL Journal is published 6 times a year. An annual subscription is £170. For further details or a sample copy, please contact Heather Cameron at publications@idoxgroup.com.

Introducing the Scottish Planning and Environmental Law (SPEL) Journal

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The Knowledge Exchange publishes a bi-monthly journal covering all aspects of planning and environmental law in Scotland. SPEL Journal (Scottish Planning & Environmental Law) launched over 30 years ago and is one of the leading information sources on land use planning and environmental legislation across the country.

Recent issues of SPEL have included responses and comment on the draft NPF4 as well as articles focusing on other key policy and practice areas:

  • The failure of planning guidance to reflect the impact of noise on wildlife
  • National development planning for Scotland’s rural areas
  • The draft NPF4, energy and the move to net zero
  • The Scottish Government’s onshore wind policy review
  • Access to justice in environmental litigation, and non-compliance in Scotland’s civil justice system with the Aarhus Convention

Key court cases examined recently in the journal include:

  • R v The Environment Agency – Pollution harmful to a vulnerable child
  • Greenpeace Ltd v The Advocate General – Unsuccessful challenge to oil field exploitation consent
  • North Lowther Energy Initative Ltd v The Scottish Ministers – Wind farm approval challenge
  • Cosmopolitan Hotels Ltd v Renfrewshire Council – Procedures for challenges to the validity of proposed local development plans
  • Trees for Life v NatureScot – Quashing of beaver culling licences

A journal of record

SPEL was launched in 1980 as ‘Scottish Planning Law & Practice’, to be a journal of record of Scottish planning. When it became apparent that the emerging field of environmental law was strongly linked to land use planning, the name of our journal changed to reflect this.

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

A widely read and valued resource

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many practitioners outside of Scotland who need to keep abreast of developments.

An annual subscription to SPEL Journal is £170. For further details or a sample copy, please contact Heather Cameron on 03330111542 or email heather.cameron@Idoxgroup.com.

Celebrating the 200th issue of Scottish Planning & Environmental Law journal

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SPEL Journal (Scottish Planning & Environmental Law) has celebrated an impressive milestone this month, with the publication of its 200th issue.

Since 1980 the journal and associated annual conference have provided commentary and discussion of topical subjects, new legislation and significant court cases and planning appeal decisions.

Clearly, this would not have been possible without the contributions and support of numerous people over the years, including the Journal’s editors, editorial board members, contributors, reviewers, and readers.

Decades of change

When first established, the journal was known as “Scottish Planning Law and Practice”. As the emerging field of environmental law became increasingly linked to planning, the focus of the journal changed to reflect this.

Since its launch, the journal has traced the evolution of planning and environmental law. The 1980s were marked by a move to deregulation in planning across the UK. There was also a focus on urban regeneration and housing rehabilitation and improvement in Scotland’s urban areas. Scotland saw changes to environmental protection with National Scenic Areas established within planning legislation in 1980.

In the 1990s, major changes came with the Town and Country Planning (Scotland) Act 1997 which established the primacy of the Development Plan (Local Plans and Structure Plans) to guide future patterns of development. Environmental controls also increased due to the influence of the European Union.

In the 2000s there was an increasing emphasis on trying to integrate the historic environment into planning policy development. Scotland’s two national parks were created (Loch Lomond and the Trossachs in 2002 and the Cairngorms in 2003). In the mid and late 2000s we began to see a focus on climate change and placemaking, as well as increasing legal activity around planning for wind farms, and more recently fracking. In 2003, the Local Government in Scotland Act gave a statutory basis to community planning. The 2006 Town and Country Planning (Scotland) Act brought about significant modernisation of the planning system.

Scotland’s third National Planning Framework was laid before the Scottish Parliament in 2014, along with Scottish Planning Policy which set out detailed planning guidance. In recent years, planning policy has been increasingly linked to economic policy, for example in the City Regions and inclusive growth agendas. The process of reviewing the National Planning Framework is underway.

August 2020 issue

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many practitioners outside of Scotland who wish to keep abreast of developments.

The August 2020 issue has a typically varied range of articles. There is a discussion of new rules which allow group proceedings in Scottish courts from 31 July and whether this may lead to environmental class actions. The article notes that the group proceedings rules do not apply to judicial review or statutory appeal proceedings, which make up the majority of planning and environmental litigation in Scotland, so the impact could be limited.

Another two articles in the issue explore the consequences of the Court of Session’s “Gladman” decision in July, which relates to the policy presumption in favour of sustainable development within the current Scotland Planning Policy (SPP). The original planning application was for housing development in Kilmacolm.

A long tradition of supporting the professions

Unfortunately the 40th annual SPEL Conference, which was due to be held in September, has had to be postponed until next year. Until then, you can rely on SPEL Journal to continue its coverage of Scottish planning and environmental law.

Scottish Planning and Environmental Law Journal is published every two months. An annual subscription to SPEL Journal is £170.

For further details or a sample copy, please contact Heather Cameron at heather.cameron@Idoxgroup.com.

Engaging the ‘silent majority’ in planning: is digital the answer?

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It has long been a concern that traditional planning consultation methods do not adequately capture the views of the majority.

Instead, they tend to be dominated by individuals with certain characteristics – typically older people or retirees, with high disposable income and social capital, and the time and means to attend in person.

This is partially because traditional planning consultation methods, such as public exhibitions, mainly involve individuals physically attending events at pre-specified places and times.

Younger people, students, people with disabilities, and working families with or without children, may find it difficult to attend and engage with such consultation methods.

In addition to this – people are also more likely to engage with the planning system when they are opposed to something.  Research by Shelter found that people opposed to local housebuilding were three times more likely to actively oppose an application than supporters were to actively support it (21% compared to 7%).

However, the majority of people surveyed were actually supportive or neutral regarding local house building.  This means that in many cases, there is a ‘silent majority’ – people whose voices are not being heard by the planning system.

This ‘silent majority’ often includes young people and others who may have the most to gain from new housing, employment and other benefits created by local developments.

In the rest of this blog, we consider the potential of social media and digital apps to make the planning system more accessible, inclusive and representative.

The potential of social media

Social media is everywhere – and as such it has a huge potential to reach and engage people from all walks of life.

Through adverts or posts in relevant groups, information about developments can be shared, with likes and comments providing feedback.  Short questionnaires or polls can also be administered to help gauge public opinion on a range of matters, such as locations, layouts and designs.

At present, social media is not a widely used planning consultation method – however, there is support for it to become so.

In 2016, a YouGov survey explored local councillors’ attitudes towards the use of social media during public consultation.  It found that:

  • 75% of councillors felt that social media was an important or very important engagement tool
  • 74% believed that social media would add value when reviewing planning applications
  • 60% felt that developers should be doing more to engage with local communities through social media
  • 60% believed social media will increase in importance as a public engagement tool over the next three years

It has been argued that social media is a much more relevant way to share information and consult on development proposals, particularly for young people.

It also has the potential to help overcome many of the time and accessibility barriers that prevent people from attending traditional ‘time and place’ consultation events.  And it has an incredible potential reach too – with Facebook having a total of 44 million active users and Twitter 14 million.

There are, however, some concerns – particularly regarding the verification of an individuals’ locality and the public management of negative comments, particularly as users can remain anonymous.  The potential for cyberactivism against a development and the spread of ‘fake news’ are also concerns.  Social media training would no doubt be required for those using social media to consult on developments.

Innovative apps

In addition to social media, digital apps offer an exciting new way for people to engage with the planning system.

Hailed as ‘Tinder’ for urban planning, CitySwipe is a new digital tool being used in Santa Monica’s downtown area to learn citizens’ preferences and concerns about the city’s urban core.  It enables local residents to swipe left or right to indicate their preferences regarding various different urban development scenarios.  For example, users may be asked to choose between different types of outdoor seating.  The app also covers attitudes towards things such as walking, bike lanes, housing and other such areas of interest to urban planners.

If CitySwipe is Tinder, then TrueViewVisuals can be likened to the Augmented Reality (AR) mobile gaming app ‘Pokémon Go’.  AG is a technology that superimposes a computer-generated image on a user’s view of the real world, thus providing a composite view of both.  TrueViewVisuals makes use of this to enable users to use their mobile device to view proposed developments in existing locations and is thus particularly useful in assessing their potential visual impact.

Bootlegger is a mobile app originally designed to film live music, which is now also being applied to the urban planning context.  It enables users to collaborate and share their footage with others, and edit them into a single video.   In Berwick-upon-Tweed, Bootlegger has been used to enable members of the public to make their own ­films regarding planning proposals and the neighbourhood area and share them with others.

ChangeExplorer uses location data to provide users with ‘push notifications’ when they enter a geographic location that is subject to redevelopment plans.  Users can then view and comment on the plans, making it much easier for local residents and visitors to have their say on planning decisions.  It has been used successfully by North Tyneside Council, where it was found to be “an effective tool in encouraging participants to think about what they would like to change and for them to feel empowered in raising relevant issues”.

Enhance and evolve

These are just a handful of the ways in which technology can be used to engage young people and others within the ‘silent majority’.  It is an area which is developing all of the time – as recent reports by the Scottish Government, Future City Catapult and the RTPI show.

It also comes at a time where there is wider discussion of the need to make planning more inclusive.  In order to do this, it is essential that the views captured by planning consultations truly represent the needs and preferences of all local residents.

Of course, online engagement cannot replace the need for traditional consultation approaches and techniques entirely.  Instead, they should complement one another, offering both an enhancement and an evolution of the current planning system.  And in doing so, the planning system can meet both the needs and expectations of an increasingly digital world.

 Follow us on Twitter to discover which topics are interesting our research team.

Making the planning system more customer-friendly

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By Donna Gardiner

Local authority planning departments are more often associated with bureaucracy than with delivering good quality customer service.

However, as the current reform of the planning system in Scotland puts the need to develop a modern, efficient service in the spotlight, thoughts have turned to how planning authorities can focus on the human side of delivering a good quality planning service.

Last month (August 2018), the Scottish Government published a report on customer service in the planning system.  It examined different approaches to customer service across a range of private and public sector organisations in Scotland, with a view to identifying the lessons from these that could be applied to the planning system. Although focused on Scotland, the lessons are transferable elsewhere.

A number of challenges

The research found that while planning authorities in Scotland viewed high quality customer service as highly important, they faced a number of challenges to delivering this in practice.

Limited staff and financial resources are a key constraint affecting planning authorities’ ability to deliver high quality customer service.  For example, customer expectations of the frequency and responsiveness of communication are often higher than what can reasonably be delivered.

There are also issues of inconsistency of service, both within and between local authorities in Scotland.  This is due in part to different interpretations of specific legislation, as well as different levels of investment in, and commitment to, customer service within individual planning authorities.

The risk of individuals confounding ‘customer service’ and ‘outcomes’ – where the planning decision reached affects the individual’s perception of the quality of service they have received – is another key challenge when measuring the customer experience.

Current approaches

Each year, planning authorities in Scotland must prepare an annual Planning Performance Framework (PPF) report, which details their performance over the previous year.

At present, the PPF has no specific measure of customer service delivery.  Instead, planning authorities must submit a ‘narrative commentary’ of their customer service performance, along with relevant case studies that demonstrate their actions.

This means that individual planning authorities decide how best to gather information about their own customer service performance.  Some of the key methods used include:

  • Customer charters – which communicate customer service commitments to customers and employees
  • Customer satisfaction surveys – mainly online, however, some were still postal
  • Forums – the use of customer forums or focus groups to engage with customers
  • Complaint handling procedures – published details of organisational systems, protocols and SLAs for registering and responding to complaints
  • Customer service standard accreditation – g. Customer Service Excellence (CSE), Investors in People (IiP), ISO9001, Customer Satisfaction Measurement Tool (CSMT) etc.

So what can be done? The benefits of e-planning

The report identified a number of ways in which customer service within the planning system could be improved.

First was the need to achieve a greater consistency of processes, enforcement and quality of service across Scotland.  Clearer national guidance on implementing legislation would go some way to achieve this. Establishing a national survey of customer service in the planning system is also a priority. Lessons could be learned from the building standards system, which currently incorporates a Key Performance Outcome relating to improving the customer experience.

Planning authorities also overwhelmingly believed that e-planning had improved customer service.  The benefits included:

  • more efficient information flows
  • better prioritisation of work
  • reduced printing costs
  • greater transparency
  • easier access to information by the public

What is clear is that the move to e-planning is bringing a ‘culture change’. By speeding up the planning process and making more efficient use of resources, e-planning frees up both time and money to be spent elsewhere in the planning process.  As one planning authority notes:

“It’s about how you work with the customer to bring them on the e-planning journey with you and change their mindset. In the long run the customer benefits because it speeds up the service.”

As technology and customer expectations evolve it will be important that e-planning solutions reflect this in the future.

Future directions

Good quality customer service helps to make the planning system easier to understand and processes more accessible and usable.  This in turn opens up the system to those who might otherwise feel that it is too complex or time consuming to participate.  This may be of particular importance when encouraging young people to become involved in consultations.

Improving customer service within the planning system is not something that is just ‘nice to have’. Planning has changed significantly over the years – and with change comes the need for reliable, cost-effective processes to drive end-to-end efficiency.

For 30 years, Idox has been supporting the work of local government planning departments. iApply, a planning application submission portal launched by the Idox Group in 2015, offers local authorities the opportunity to benefit from an out-of-the-box end-to-end digital solution that makes submitting planning, building and licence applications simple for customers and cost effective for the authority.

‘Agent of Change’ protects music venues from noise complaints, but won’t stop them from closing

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This guest blog was written by Marion Roberts, Professor of Urban Design, University of Westminster.

A Conservative minister for housing, a grey-haired Labour MP, ageing icons of rock and creative young people have formed an unlikely alliance in support of the Agent of Change (Planning) Bill. The proposed law, which will be discussed for the second time in the House of Commons on March 16, makes developers responsible for dealing with noise issues when they build new homes near music venues.

This all came about because people were worried about the high number of live music venues that were closing across the UK. The Greater London Authority (GLA) asked for a report on London’s grass roots music venues, only to find that 35% of them had been “lost” since 2007. Cities across the nation – from Glasgow to Manchester – have similar stories to tell, even though the government has recognised how important the music industry is for the economy.

So how did this happen? Many different governments since around the year 2000 have tried to get more flats and houses built in cities, because there aren’t enough for everyone who wants to live there. Many homes have been built on “brownfield” sites – where there used to be factories or warehouses, which are now used less or not at all. These types of places also offered spaces where creative entrepreneurs could set up new clubs, or take over existing venues and attract new customers with the offer of live music.

Buyer beware

But as people move into the new flats built on these sites (which they often pay a lot of money for) some inevitably complain about the noise coming from the venues. Venue owners in Shoreditch (one of London’s hip neighbourhoods) actually put up signs warning would-be buyers that there are live music venues in the area.

Up until now, these complaints caused big problems for music venue owners, because planning principles were not on their side. The onus was on them to ensure their neighbours weren’t disturbed by music and loud noises. But putting in proper soundproofing or keeping customers quiet can be difficult and expensive.

This doesn’t just affect the kind of places run on a shoe string on the outskirts of town. Even London’s mighty Ministry of Sound – which has been a mecca for House music lovers since 1991 – was caught up in a lengthy planning application for a tower block of flats nearby – a case which eventually ended in the flats having to be soundproofed.

A matter of principle

The way the planning system works, is that local authorities in England and Wales produce their own development plans, which must align with national policy as set out in a 2012 document called the National Planning Policy Framework (NPPF). This document made a small move to protect venues, by saying that if they wanted to expand, then there should be no unreasonable restrictions. But it didn’t address the situation described above.

Some local authorities have already started to draw up their own policies, which put the burden of noise reduction measures firmly on the developer who is making the change – whether it’s for flats or other uses. This is the legal principle, known as the “Agent of Change”. The bill, now supported by government, will ensure that the principle is embedded in the NPPF – so all local authorities will have to follow it. It will also carry more weight in appeals against planning decisions.

Although the “Agent of Change” principle will help prevent live music venues from closing, it won’t be enough on its own. Sadly, it would not address other issues such as rising rents, hikes in rateable values and property owners preferring to redevelop their buildings into flats. For example, consultancy firm Nordicity estimated that a revaluation of business rates would cause a fifth of London’s grass roots venues to close. And London’s oldest LGBTQ venue, the Royal Vauxhall Tavern, is still engaged in a battle to save it from redevelopment, by way of a community buy out.

Yet past examples show that people can save their local pubs from closure, whether through local campaigning or by taking ownership of the buildings. And to see creativity and culture, especially for young people, supported through the dusty corridors of parliament, is truly heart warming.

Marion Roberts is Professor of Urban Design, University of Westminster.

This article was originally published on The Conversation website and has been republished with permission under a Creative Commons licence. Read the original article.

If you enjoyed this blog, why not read some of our other blogs:

October 2017 issue of SPEL Journal (Scottish Planning & Environmental Law) out now

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As the recent Scottish Planning and Environmental Law conference showed, there are a number of external pressures affecting the planning system at the moment. These include the uncertainty around Brexit, the drive to achieve energy targets, and demographic changes impacting on housing supply and demand. Understanding how economic and social factors affect policy and decision-making is important, especially as we await the Planning Bill from the Scottish Government.

A key resource for planners and planning lawyers at this time is the Scottish Planning and Environmental Law Journal. Filled with commentary and analysis from leading professionals, lawyers and academics, the journal explores current developments and case law, and is published every two months.

October 2017 issue

The October 2017 issue has just been published and includes articles focusing on:

  • Community engagement with the planning system
  • Planning policy in relation to battlefields
  • Review of old mineral planning permissions

It discusses the Scottish Government’s programme for 17-18 and potential matters of interest within it of interest to planning and environmental lawyers. The latest statistics on planning authorities’ performance and the annual review of the Planning and Environmental Appeals Division of the Scottish Government are also examined.

Key court cases examined in the October 2017 edition include:

  • Trustees of the Grange Trust v City of Edinbrugh Council – Discussion of two pertinent issues in roads law
  • Wildland Ltd and The Welbeck Estates v the Scottish Ministers – Wind farm consent and impact on Wild Land Area

There is also discussion of differences in Scottish and English planning policy in relation to when presumption in favour of sustainable development applies.

A long tradition of supporting the professions

SPEL Journal (Scottish Planning & Environmental Law) launched over 30 years ago and is one of the leading information sources on land use planning and environmental legislation across the country.

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many practitioners outside of Scotland who need to keep abreast of developments.

An annual subscription to SPEL Journal is £145. For further details or a sample copy, please contact Christine Eccleson on 0141 574 1905 or email christine.eccleson@Idoxgroup.com.

Accelerated development: do Simplified Planning Zones work?

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The Hillington Park SPZ has accelerated a number of developments, including a “motorbike village”.

by Donna Gardiner

A simplified planning zone (SPZ) is a designated area where the need to apply for planning permission for certain types of development is removed so long as the development complies with a range of pre-specified conditions.

Although the SPZ concept has been around since the 1970s, the idea has never really taken off, and there are very few SPZs in the UK.

However, in the last 12 months there have been some signs of renewed interest in the concept.  As part of the current review of the planning system, the Scottish Government has shown considerable enthusiasm for the potential of SPZs to address the housing crisis and support economic development.

In their most recent position statement, they state:

“Zoning has potential to unlock significant areas for housing development, including by supporting alternative delivery models such as custom and self-build. This could also support wider objectives including business development and town centre renewal”

Indeed, the Scottish Government recently committed £120,000 to help four local authorities develop pilot SPZs for housing development in Aberdeenshire, Argyll & Bute, Dumfries and Galloway, and North Ayrshire.

There are also plans underway for the creation of two new SPZs in Scotland.  In Aberdeenshire, councillors have agreed that planning officers should begin the statutory process for the creation of an SPZ for industrial and commercial activity in the south of Peterhead. The SPZ aims to strengthen the town’s position as a key strategic investment location, and complement work to regenerate the town centre.

At the other end of the country, in the Scottish Borders, a consultation has recently closed on the creation of an SPZ in Tweedbank – the new Central Borders Business Park.  The scheme aims to capitalise on the opportunities brought about by the Borders Railway, and is likely to receive additional funding as part of the recently agreed Edinburgh and South East Scotland City Region Deal.

While there is enthusiasm for the Tweedbank SPZ, East Berwickshire councillor Jim Fullerton notes: “The question of the viability of this project has to be recorded. Enthusiasm is one thing, but evidence of it being viable is the key.”

Viability

So what is the evidence on the viability of SPZ’s?  In theory, SPZs can offer a number of benefits for both the developer and the planning authority, including:

  • removal of the ‘planning hurdle’ and associated fees
  • faster decision making and accelerated development
  • greater certainty for developers and stakeholders
  • simplified planning control
  • reduces the need for repetitive planning applications
  • saves time and costs both for organisations and the local planning authority
  • offers more flexibility than a masterplan
  • attracts investment
  • can help to promote the reuse of existing space

However, while there are equivalent mechanisms in other countries, there are currently only two other operational SPZs in Scotland – Hillington Industrial Estate and Renfrew High Street.  They are widely considered a success, with Scottish Planner concluding that:

“Both projects are a good example of how planning professionals, working with commercial stakeholders, can cooperate successfully in finding new ways to encourage sustainable economic growth.”

Case study: Glasgow City Council and Hillington

In 2014, the first SPZ in Scotland in 20 years – the Hillington Park SPZ – was established by a partnership between Glasgow City Council and Renfrewshire Council.

The award-winning SPZ allows the landowner to increase space at the site by around 85,000 square metres, as long as proposals conform to the conditions set out in the SPZ scheme.

The SPZ is valid for 10 years.  So far, it has triggered around 20,000 square metres of development and attracted around £20 million pounds of investment.  Not only has it helped to promote the reuse of existing space, such as the obsolete Rolls Royce plant, it claims to have given the area a commercial advantage in attracting inward investment.

Jamie Cumming, the director of Hillington Park, said: “Our SPZ status means that new developments like the ‘motorbike village’ with Ducati Glasgow, Triumph Glasgow and West Coast Harley-Davidson as well as Lookers plc’s new Volvo and Jaguar showrooms and our own Evolution Court manufacturing and logistics development can be accelerated with an anticipated build time of just 10 months.”

Case study: Renfrew Town Centre

Building on the success of the SPZ at Hillington, in 2015 Renfrewshire council created the Renfrew Town Centre SPZ – Scotland’s first SPZ focusing on town centres.  Renfrew is a “small, but vibrant” town centre. The SPZ aims to support existing businesses, encourage new businesses, and increase the number of people living within the town centre by supporting the re-use of vacant property on upper floors.

The scheme has been hailed as an excellent example of the Town Centre First principle.

According to Scottish Planner: “The scheme has been well received and offers simplicity to businesses who can invest in the town centre knowing that they can change the use of premises and upgrade the shop front without having to apply for planning permission”.

Challenges

However, SPZs are not without their challenges.  These include the initial costs of establishing the SPZ, which can vary significantly depending on the size and complexity of the scheme.  There is also the need to ensure that the SPZ is ‘future-proofed’ – so that it is still relevant throughout the duration of its life (usually 10 years).  It is also important that those establishing an SPZ address the perception held by many that the relaxed planning rules associated with SPZs will result in poor design or compromise environmental impact.

Future directions

In addition to the pilot SPZs, the Scottish Government has commissioned Ryden (in association with Brodies) to undertake research to assess the potential for a more flexible and more widely applicable land use zoning mechanism than SPZs provide at present.  The research will inform the Government’s final proposals.

The research team at Idox will be following the revival of SPZs in Scotland with interest.

Is it time to start building on the Green Belt?

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“The tree which moves some to tears of joy is in the eyes of others only a green thing that stands in the way.”
William Blake, 1799

The forthcoming Housing White Paper from the Department for Communities and Local Government is expected to tackle the thorny issue of the Green Belt. Initially due for publication at the end of 2016, the paper has now been delayed twice, heightening speculation about its contents.

The Telegraph has suggested that councils are likely to be encouraged to make greater use of the controversial policy of ‘green belt swaps’. Green Belt swaps allow councils to remove protections on one part of green belt in return for creating a new area of protected land elsewhere.  This may enable councils to better meet demand for housing.  Current planning legislation for Green Belt swaps already exists, but often fails to work in practice. Proposals are often rejected at the planning stage due to the newly identified land failing to meet Green Belt definitions. The Times indicates that the White Paper may contain a more aggressive approach towards the use of the Green Belt for housing.

Potential benefits

There is no denying the need for more housing.  In general, experts agree that a minimum of 200,000 new homes will be needed each year in order to keep up with demand.

Recent government statistics on Green Belt in England in 2015/16 estimated that it covered around 13% of the land area of England. It has been argued that development on just 1% of reclassified Green Belt would allow for almost half a million new homes to be built. However, building upon the Green Belt provokes much passionate debate.

Proponents of green belt flexibility argue that:

Paul Cheshire, Professor Emeritus of Economic Geography, LSE, argues that many opponents of building on the Green Belt hold a romanticised image of the nature of the land, which is not truly representative of the majority of Green Belt land.

“Of course parts of the Green Belts are real environmental and amenity treasures, such as the beautiful bits of rolling Hertfordshire, the Chilterns or the North Downs. Or rather, the beautiful bits to which there is public access. Such areas really need to be preserved against development. But almost all Green Belt land is privately owned, so the only access is if there are viable public rights of way.”

He goes on to suggest selective building on the least attractive parts of Green Belts, which are close to cities where people want to live.

A similar sentiment is found in the recent LSE report ‘A 21st Century Metropolitan Green Belt’. Dr Alan Mace, Assistant Professor of Urban Planning Studies at LSE (one of the authors of the report) concludes that:

“People often look at the Green Belt and say, ‘who would want to lose this?’ but often they’re looking at land that is protected in other ways, such as Metropolitan Parks or Areas of Outstanding Natural Beauty, and this would not change. Some parts of the Green Belt are neither aesthetically pleasing nor environmentally valuable and these are the areas that should be looked at for potential development.”

Potential limitations

However, Green Belt swaps are not without potential problems.  For example, Shelter has cautioned that Green Belt flexibility “could create a mini industry in speculative land trading in Green Belt areas, making cheap land release much harder as landowners hold out for high prices”.

There is also much opposition to building on the Green Belt among the general public and environmental groups. Paul Miner, planning campaign manager at CPRE, is concerned that the Green Belt is being chipped away, arguing that, among its benefits, the Green Belt:

“…continues to provide impetus for urban regeneration, and makes environmental and economic sense in protecting the breathing space around our towns and cities.”

Perhaps Rowan Moore, writing in the Guardian, neatly describes the desire of many to protect the Green Belt when he states “The fact that it is named in the singular, although there are many green belts, indicates its status as an idea, even an ideal, as well as a place. It is part of English, if not British, national identity, protected by the shade of William Blake”.

Future policy

The government has remained tight-lipped on the contents of the White Paper, but if they do choose to include Green Belt swaps as a key feature of the paper, they will face an uphill battle in tackling public perception and reassuring environmental and conservation groups.

Reconciling these differences of opinion will not be easy.  Ensuring that there is no overall loss in the total land area and overall quality of the Green Belt will no doubt be a key step towards addressing this.

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Going through the roof: could building upwards address London’s housing problem?

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The Ter Meulen Building, Rotterdam: 21st century residential apartments built on top of a post-war shopping centre

The housing challenges facing London are well documented::

  • London needs around 50,000 new homes a year, but housebuilding is running at around half that.
  • Between 2005 and 2015, private rents in London rose by an average of 35%.
  • Future projections suggest there will be 9m people in London by 2020, 10m by 2030 and 11m by 2050.

There are now serious concerns that the lack of affordable housing and rising rents risk driving key workers out of London, and may cause businesses to think twice about locating in the capital. But as well as triggering dire warnings about the future of London and the UK economy, the housing crisis has also prompted increasingly creative ideas on how to solve it.

Going up

Last year, Darren Johnson, who represented the Green Party on the Greater London Assembly, proposed five ideas to secure land for affordable homes. One of his proposals was to build additional storeys on top of existing buildings.

Johnson suggested that this approach has many advantages over demolishing existing properties and building new homes, including:

  • a shorter period of disruption for residents;
  • more environmentally friendly than demolition and rebuilding
  • an opportunity to refurbish the existing homes

He offered the example of the Ducane Housing Association in Hammersmith, which built 44 new homes on top of two 1970s buildings. Based on data from London’s Borough Councils, Johnson estimated that almost 50,000 new homes could be built using Ducane’s example.

One potential stumbling block is the difficulty of getting planning permission for intensive construction projects in the heart of active communities. However, in July 2015, the Treasury signalled the government’s intent to end the need to obtain planning permission for upwards extensions in London.

Building on public buildings

Another approach, on similar lines, is the idea of building new homes on top of publically owned buildings. In 2015, WSP professional services consultants conducted a survey to gauge interest in the idea. Among their findings:

  • 61% of respondents supported the idea of allowing private developers to refurbish government buildings, allowing them to make their money back by building additional housing on top of the refurbished building, which they could sell for profit.
  • Over 60% of Londoners would happily live above a library, while 44% would be willing to live above a government administration building, and around a quarter of Londoners would be willing to live above a school or hospital.

The WSP report went on to suggest that developing all available sites by building apartments above all available public buildings in London could provide over 630,000 residential units.

“Of course we acknowledge that not every building will be able to be redeveloped in this way, but even targeting one in every two municipal buildings could go a long way in solving the housing crisis, providing 315,000 homes.”

These homes, the report argued, would be most suitable for key workers employed by these facilities, or by students, older people and young professionals. Some may even house those working in the facilities below.

One landlord is already exploring the idea with several London councils. Apex Housing Group has experience of converting airspace above properties into luxury penthouse apartments. Managing director Arshad Bhatti believes the principle could be applied to affordable homes:

“We are working with a number of local authorities across London and expect airspace development projects will help bridge the gap between demand and supply of new homes in London – crucially with minimum lead times, and offering maximum value for property owners.”

The view from overseas

The idea of building up may be relatively new to London, but other densely populated cities have already been exploring its possibilities.

  • In Rotterdam, developers have been combining ultra-lightweight materials to build apartments on top of a 1940s shopping centre.
  • In New York, a developer is planning to construct a nine-storey condominium on top of apartments dating from the 1950s.
  • In Paris, three prefab dwellings attached to the rooftops of existing buildings were completed in January 2016.

The architects of the Paris project believe it has multiple benefits:

“Building on top of the roofs is not only an ecological and economical solution, it’s working against the urban sprawl that kills the social link. It’s also a contemporary way to discover new perspectives of the city, a new Paris above the horizon.”

But not everyone is happy with the idea. Residents in the existing apartments beneath the proposed New York condominium are concerned that the wear and tear of construction could damage their properties. And they’re also worried about the stability of the columns supporting the new building.

The only way is up?

Clearly, building on existing properties is not without its problems. But as the housing crisis in London intensifies, and spreads to other parts of the UK, it’s an idea that may no longer be regarded as pie in the sky.

If you liked this post, you may also be interested in other blog posts on suggestions for tackling the UK housing crisis: