One of the skills we pride ourselves on at RA Architects is our ability to help clients overcome planning constraints to gain a successful application outcome.
Each project we work on has individual planning considerations, however we thought it may provide an interesting insight to blog about one of our more contentious applications and the process undertaken by our colleague Cai to help secure planning approval for our private client.
The Vale of Glamorgan (Vale of Glamorgan Council.)
The Project Brief:
A change of use scheme where our client was looking to convert two retail units (one of which had lain dormant for several years) into a single residential dwelling.
Why did the Council recommend refusal?
The Vale of Glamorgan have a well-meaning policy (LDP policy MG15 as detailed below) which protects commercial units in local retail centres being converted to flats; however conversion to a residential dwelling is still permissible if it can be proven that the retail unit is no longer commercially viable.
For our client to be allowed to convert the property they needed to provide clear evidence that the shop units weren’t commercially viable. Our client submitted proof that they had tried to market the property for sale as retail units for several years but were unsuccessful.
One of the planners felt that the evidence submitted by our clients was not sufficient and suggested that the property could be rented or that our client could consider changing the use to other retail, commercial or community type services. The council questioned why there was not a ‘For Sale’ sign outside the property.
Our client responded that whilst every effort was made to market the building they did not agree to a ‘For Sale’ sign outside the property due to the potential negative impact it may have for the business of the client’s wife who ran a cake company from the larger unit.
Once the case officer confirmed that the evidence submitted by our client was deemed insufficient and the planners were going to recommend a refusal our clients called the application to planning committee.
What happens at a Vale of Glamorgan planning committee meeting?
The planning authority present the application and their recommendations and the applicant or agent (in this case Cai,) speak in favour of the scheme. The councillors then vote whether they wish to uphold the planners recommendation.
In this example, Cai explained the submitted evidence and also emphasised that the retail units were situated on the periphery of the retail centre, and were not a prominent frontage in the retail centre. As neighbouring retail units included a newsagents, pharmacy and Tesco express, Cai suggested that the change of use scheme would not affect the day to day needs of the local community.
The Councillors of the planning committee however upheld the planner’s recommendation and refused the application.
What can be done after planning has been refused?
Cai discussed the project with his clients and together they decided to appeal the planning decision. The case was passed to an independent, senior appointed planning inspectorate who would make a final decision. Cai wrote an appeal statement comprehensively explaining why he believed the application met the policy criteria.
What did the planning inspectorate find?
The planning inspectorate concluded that there was no evidence to suggest the marketing of the property had been insufficient and accepted our clients’ reasoning for the lack of a physical ‘For Sale’ board. The inspector also dismissed the council’s idea that the property could be tenanted if not sold. Commenting that ‘prolonging the period of vacancy of [the] retail units with no certainty that a sale could be achieved, would have a negative impact on the vibrancy of the centre.’
Finally, in consideration of all points raised by The Vale of Glamorgan council, alongside the evidence submitted by ourselves and our client the inspector approved the application.
If you are undertaking a project and would like to receive some advice regarding planning permissions, please do get in touch. Call the office on 01633 744144 or email email@example.com to arrange a free consultation.
We’ve blogged before about the many hats worn by an architect and spoken about how the role is much more varied than just drawing a few plans, so with that in mind we decided to record a ‘day in the life’ of Richard Andrews Architect’s Associate, Lewis, to help give a real understanding of what a typical day for an architectural professional looks like.
6.30am – The day starts early, I set a 5am alarm so that I can get to a 6.30am business networking event in Cardiff. The group is high energy, though I get a chance to talk to all the attendees and explain a little about the services we offer and the projects we’re currently working on, I then set follow up meetings with potential clients and business contacts over the next couple of weeks.
8am – Back at the office, I like to check through my inbox and respond to emails from the night before, plus double check my calendar and to –do list for the day ahead. The first job of the day is to explore a technical issue on an existing scheme – where we are converting an old surgery building into flats. The build is currently at stage 3 (contract and project overseeing of our design process) and I need to find a way to waterproof the floor between two buildings at different levels.
8.45 - The next task on my list is working on the detail specifications for a £1million pound plus meeting facility scheme. I read through the construction design installation and chase roofing contractors for further information.
9.15 - I check in with the rest of the technical team and sit with my colleague Seb to look over feasibility designs for a two storey house extension, satisfied the project is going to plan I then follow up with another of our architectural assistants Antonella who is working on value engineering a separate house extension project.
10.30 – I have a telephone meeting booked with our quantity surveyor to work on the final account for Cwmbran Village Surgery’s building works which totalled around £450k. We also discuss tender proposals regarding a second GP surgery project in Pontprennau, Cardiff. I will later relay our discussions back to the client so that they can make the most informed choice regarding the construction tender bids for their project.
11.45 – Time to grab a quick lunch at a cafe in Caerleon with practice director Richard, smoked salmon baguette, a slice of lemon cake and a chance to catch up!
12.30 - I start the afternoon by responding to some of the emails and telephone messages that have come in throughout the day, then I turn my attention to some drawing work using our 3D modelling software Revit. A few of my newer colleagues are also learning the software so I use this as an opportunity to help them improve their skills.
1.45 – 3D drawing completed, I finish costing and writing up a client fee proposal for a potential residential extension I had visited the previous day. The client had some great ideas for their home and having seen the space I have many thoughts on how we can improve their initial concept to further maximise the use of light and space and improve their quality of life.
2.10 - Email to the client sent, fingers crossed we get the commission. I check my to-do list, and start work on a pen and paper sketch for a 16 unit new house layout in the valleys, this is an enjoyable way to get some ideas down early in a project.
3.00 – Time for a Site visit for a local householder project in Newport regarding planning enforcement. The quality of works carried out by the appointed construction team is good and to our original design specification, I update our client and the rest of the team.
4.00 – I quickly pop back into the office to respond to some more emails emails and telephone messages before heading back out to a ‘snagging’ appointment for a new build house in Newport.
5.30pm - The meeting goes well, all parties are happy with only some minor items to rectify, so for me; it’s time to head home to rugby training this evening!
We hope you enjoyed reading this post and gained a better insight into what our team does on a daily basis. Feel free to contact us regarding your scheme – we'd love to help!