Introduction
The British planning system is recognised throughout the world as an exemplar of democratic decision-making. However, because of the unpredictable nature of democracy coupled with diminishing resources, it can have a major impact on pre-construction programmes for large and small projects. An understanding of how delays can occur and the impact of different planning strategies on the programme will build greater certainty into the predicted timescales for the project. Nonetheless, the risk of delay cannot be eliminated completely.
The site
The likelihood of achieving planning consent can be greatly improved with careful preparation that can begin years before an application will be made. Sites can be put forward for allocation in the local plan for future use, enshrining their prospective development in planning policy.
For large, complex schemes, particularly those that require an estate appraisal, the alternative development strategies that are assessed as part of the preparation of the strategic brief will have different planning implications. For example, refurbishing existing buildings for alternative uses may have impacts outside the site boundary, such as intensification of traffic generation and parking requirements. Developing a greenfield site as an alternative may overcome some of these issues.
The planning balance
Once a site has been identified, the planning strategy should set out the planning balance. All planning decisions should be made in accordance with the development plan unless material considerations suggest otherwise. The development plan consists of the core strategy, local development framework and any neighbourhood plans or, where older plans are still in place, structure plans and local plans. As no application is entirely within policy, a balance is struck between those material considerations for the development and those against it, including any actual harm that might be caused.
Significant weight can be attached to economic, social and environmental considerations – the tenets of sustainability in national planning policy – so schemes that offer gains to the community on these grounds may overcome other objections. For example, providing employment opportunities may outweigh minor highways considerations. Each case is dealt with on its own merits and early consultation with the planning authority, if possible, will identify what can be offered to overcome objections.
The impact of project type and scale
An early consideration in the preparation of the strategic brief will be to decide whether it is necessary to establish a masterplan and bring forward the development in phases. This will add the time required to obtain outline planning consent to the project programme. However, it is possible to make a hybrid application with detailed consent sought for part of the site, which will enable the project to begin without compromising the possibility of refining the scheme in later phases as demand changes.
Major proposals carry particular requirements at planning. For example, they will require an environmental impact assessment and, if they have wider implications beyond the planning authority’s boundaries, they may get called in by the secretary of state for determination. Take account of any permitted development rights.
Apart from Crown exemption, government – both local and national – carries no special exemption or priority within the planning system and applications should receive the same level of scrutiny as those made by the private sector.
For private applicants for schemes on public land, a planning performance agreement can be used to define the framework for a collaborative process between the LPA (local planning authority), the developer and its agents and key stakeholders such as the highways authority to develop, process and determine the application. Local authority planning departments are increasingly under-resourced and using PPAs (planning performance agreement) can focus the scarce resources on the project.
The pre-application process
The pre-application process should determine the validation requirements for the application and, as some can take many months to prepare, the sooner these are identified the less time will be lost validating the application. Environmental considerations, such as protected species like bats and reptiles, are seasonal users of land and buildings and the necessary data may not be available until a seasonal cycle is complete. Preparation of commercial viability appraisals may require months or even years of data collection to justify a change of use. A good strategic brief will have alerted the development team to the possible issues. They are then defined during pre-application discussions, following which the pre-application programme should be revised. Using consultants with local knowledge can help to predict the approach to constraints that an authority might take and contribute local knowledge of site conditions.
In ideal circumstances the project team develops the scheme design in collaboration with the authority and other stakeholders, and in consultation with the community.
Making an application
Some developers working at financial risk or within a two-stage tender process may be unwilling to appoint a full project team without the certainty of planning approval. In these circumstances they may make an application based on the RIBA Stage 2 Concept Design. This is risky because the full impacts of engineers’ requirements on the design are not known and could result in material amendments to the planning approval and further delay once the developed design is complete. For design certainty, applications should be made with the Stage 3 Developed Design.
Although from 2016 all major public projects must use Level 2 BIM, the planning system is not yet capable of processing BIM models. Outputs in the conventional form of plans, sections and elevations are required. Applications are made through the planning portal, however many local authorities cannot receive payment electronically and this has to be submitted separately. Fees are payable on applications with exemptions and reductions in certain circumstances. For large schemes the fees can be as much as £250,000 and will be significant part of the scheme budget.
Additional costs to factor in are those sums due under the Community Infrastructure Levy, which if employed by the local authority are set out in pre-determined schedules. Other payments sought through legal agreements (Section 106 Agreements) are less predictable and should be defined through the pre-application process.
After submission: validation, refusal and appeal
Once the scheme is submitted there may be some delay due to operational issues within the authority before it is validated. However, the target determination date is calculated from the date of submission rather than validation. For major schemes this is 13 weeks. It is a target period, not a statutory requirement, and the authority’s performance is monitored on its ability to meet this date. This can have several effects on authorities with limited resources. They may be under pressure to determine the application within the determination period and, if consultations are not complete, may refuse the application. They may request an extension to the period or they may let it run, prioritising schemes that they can determine within time.
For the agent and their client each presents a problem. For a refusal there will be reasons given that can be challenged at planning appeal or addressed in a revised submission. An extension of time may be symptomatic of a reduced level of performance on the application; similarly non-determination can be frustrating as there are no concrete reasons why the scheme may not be acceptable. Frequently a combination of appeal for non-determination and a duplicate application can refocus the planning authority on the scheme. Alternatively, political pressure can be brought to bear on the department. For schemes with strong benefits to the economy and the community, a good case can be made to move swiftly to a resolution.
Planning permission conditions
Planning permission will come with conditions that will need to be discharged. Some before building work commences, some during construction, some before occupation and some in use. Scrutiny of these conditions is important because if any cannot be met it may result in funding agencies refusing to release funds or signing-off the project. If the conditions that will cause issues with completion do not meet one or more of the six tests, the condition should be challenged by applying to have it removed or, if that is unlikely to succeed, by appeal. All other conditions should be addressed promptly.
Managing change
One of the most significant challenges for any project is managing change within the design. Generally, significant design changes should be avoided, but for complex projects constructed over time in difficult market conditions for components and materials, this can be an impossible requirement to meet. Significant changes will require a complete reapplication for planning consent. ◼
The characteristics and skills of good and effective clients
HL Mencken said 100 years ago:
‘For every complex problem there is an answer that is clear, simple, and wrong.’
And this is so true not only about what makes an effective client, but what makes a good design project. It is the little things done perfectly that fit into a cohesive whole and deliver the outcomes the specifier needed.
The good and effective client knows that clear, simple design is the result of a deep relationship between the client and designer, based on mutual trust and shared understanding of constraints, including budget, timescale, context and intended outcome.
The ideal client will have done his homework before the designer even comes on the scene. He will be prepared to review similar design projects and talk with the clients for those projects about what worked, what did not work, and whether the designer was competent, outstanding or useless, and how you operate. So when you get the call, you hope the client knows what to expect from you.
The next step is to be able to articulate the vision for the project in terms that relate to the client’s business. ‘I want the resulting design to make my staff and my customers realise I value them, and increase our income but I only have £1m,’ was the brief given to me for a trading room design project in London some years ago – the result was a radical (but low budget) design that changed the whole perception of customer contact in retail banking and generated a 100% plus uplift in business in the first year. Articulating a vision is not about second-guessing the design solution, it is about
Perspective
by Paull Robathan
creating a frame around the project into which the resulting picture fits neatly.
Once the designer knows what is needed in business terms, the work can start in earnest in collaboration with the client and his staff and customers. The process of coming to a design solution is itself a part of the end game because even before the design is realised, the level of respect and satisfaction with the project is being built up.
The perfect client engages just enough, but does not lead. The designer feels empowered to make recommendations that are not necessarily within the client’s comfort zone, and should expect to have the opportunity to explain the rationale to a receptive and thoughtful audience.
Finally, when the work is done all I ask from a client is a simple ‘thank you – that’s just what I wanted,’ followed by an open door to prospective future clients for a frank discussion about how hiring me worked out.
If all the above happens, then designer and client both walk away with heads held high, with a great new design that enhances both of their lives and gives satisfaction for a job well done.