DRK Planning Ltd

23/12/2022

Wishing our customers and wider network a restful and peaceful season.

🥂 Here's to some great opportunities in the New Year!🍾

24/01/2020

** ATTENTION COMMERCIAL PROPERTY DEVELOPERS**

PRIOR APPROVAL UPDATE:

Last week I posted a video about the DANGER OF LOSING PD RIGHTS in commercial conversions when the external works go too far and too much of the existing building is lost.

Following legal advice received this week, these are my TOP 3 TIPS TO AVOID LOSING PD RIGHTS. These include:

✅ A large part of the existing building can be lost but still retain the PD rights

✅ Make sure your architect and structural engineer and builders all agree on how external changes can be achieved but minimise loss of fabric

✅ Reference the PD in the external works application and show on plans where there will be new or retained fabric

In building out the external changes you might be taking off the roof and removing some or all of the external walls.

If you need advice on your commercial conversion project then PM me or email to [email protected]

23/01/2020

**Planning Permission On 16 person HMO!**

Woo hoo!! Planning granted for a 16 person HMO in an Article 4 area in Northampton this week.

A few twists and turns on the way:

✅ At Pre-app officers initially suggested should do 3 small HMOs instead of one large HMO

✅ Council changed its concentration policy against the scheme 5 DAYS BEFORE Committee

✅ We warned Officers of possible legal action if they refused on basis of such a last minute change

✅ Neighbouring Ward Councillor objected to scheme and called it in to Committee

✅ Had to change from 3 x small HMOs to one big HMO to save scheme but managed to keep all the bed spaces we wanted!

Ah, the joys of the planning system! We got there in the end!!

Email or PM me if you have a scheme and want to know how we can help you.

David Kemp
[email protected]

07/01/2020

PLANNING PERMISSION GRANTED!

Happy New Year everyone!

Always nice to start the year with a hard-earned consent!

Permission granted for conversion of this Period property in a Conservation Area in Tunbridge Wells to a semi-detached pair comprising 1 x 4-bedroom and 3 x 2-bedroom flats including extensions to side and rear and conversion of cellar to habitable rooms.

We managed to increase the size of this property from 2,500 sqft to 4,300 sqft - a 70% increase in floor space.

The tree officers objections almost stopped this happening twice! Persistence and responsiveness kept this on track!!

David Kemp
DRK Planning LTD

11/12/2019

PLANNING & ‘GOING PUBLIC’:
Just spent last two days in Suffolk having organised and hosted a public exhibition for clients converting a 35-bed former care home to 35 new homes.

After having spent last week presenting to the Town Council (post Pre-app) and now giving residents and local businesses the chance to comment, ready to go in for full planning by end of next week.

Went really well. Very good idea to hold these events in most cases. Locals get a chance to get concerns off their chests, it softens any resistance and they then get to understand what you’re doing and the key benefits for the area.

So many objections can be avoided if people just get to know you, they understand the scheme better and they get the chance to have a say.
David Kemp
[email protected]

28/11/2019

PERMISSION GRANTED!
JOY IN THE ‘LITTLE THINGS’!

We love to celebrate our ‘big wins’ for our clients – but ‘small’ is beautiful too and we get just as much joy out of getting the smaller, domestic-scale projects over the line for our clients!

Some of these can be very complex and ‘fiddly’ in their own way – such as the LAWFUL DEVELOPMENT CERTIFICATE GRANTED this week on a house in Lewisham, South East London.

The client was threatened with enforcement action by the Council and would have had to take down a rear extension, outbuilding and front porch, but we managed to save all of these for her by proving that they had been there for AT LEAST 4 YEARS.

Being threatened with Enforcement Action can be especially worrying if it’s your own home, never mind a big commercial project, especially when it has probably been started by a complaint from a neighbour seemingly ‘out to get you’!

So here are my TOP TIPS for coping with any such threats:

1. SEEK PROFESSIONAL ADVICE IMMEDIATELY: we can manage process and relationships with officers at all levels, easing the emotional stress often involved. Time limits vary in different cases so this needs checking.

2. AGREE TO RESOLVE THIS WITHIN A SET TIME: enforcement officers are a bit like dealing with HMRC; the problem only gets worse if you try to ignore it!

3. TELL ‘YOUR STORY’: reach out to the builders who did the work for copies of bills etc, and friends and family who can provide supporting statements.

4. DON’T WORRY ABOUT THE NEIGHBOURS!: these applications have to be granted as long as you establish 4 years’ use – the neighbours may not like it, but they can’t stop it if you can prove it.

5. COMMUNICATION IS KEY: it can often take time to get the evidence together, so agree a timescale with officers but it’s fine to ask for more time if you need it.

David Kemp
[email protected]

19/11/2019

HMO PLANNING STRATEGIES:

The planning system has become increasingly political, with more and more interference in not just bigger developments, but also smaller applications, conversions and extensions.

This falls most on the SME DEVELOPERS AND INVESTORS AND SMALLER PROJECTS which suit their timescale, exposure to risk, and available funding.

It is, therefore, increasingly important to have a clear and robust strategy to conversions, especially to HMOs, so you can insulate your project from the greatest risk and unpredictability in the planning system. Here are some tips:

1. WHAT IS THE CONCENTRATION OF HMOs IN MY ‘AREA’? Some Council’s will not allow a new HMO if you are above a certain threshold – e.g. 10% within 50 metres of the property.

2. WILL HMOs LET IN THIS AREA OR IS THERE OVER-SUPPLY? This is fundamental to whether you should be looking at this or just keeping the property in a small house or sub-dividing to flats. Also check if you need parking or the difference it makes to rental value – see below.

3. GET ADVICE FROM A HIGHWAYS CONSULTANT ON PARKING? You will probably need a report from an expert to say that there would be no need for parking for all/most of the units. However, local Councillors sometimes want the applicant to go further than this by not allowing the tenants to bring a car. If you can suggest this, it plays well with Councillors, but check with agents first as it may impact on letting values.

4. SHARE YOUR VISION & ENTHUSIASM! An information sheet about how much you will do to breathe new life into the property and your own vision and values will help to get your side of the story over to Councillors. It has no planning weight but you want to convey that you are not the usual ‘slum landlord’ that tries to cram 20 people into a small 2-bedroom property and treat their tenants badly!

5. MONITOR CHANGES IN POLICY! This whole area of policy is subject to constant changes and local Councillors are often keen to try and implement draft policies before they can legally do so! Keep a careful eye on this and check in regularly with your case officer and Policy officers, asking them if there is anything new in draft that might affect your proposals.

You may sometimes feel that you need eyes in the back of your head or the power of prophecy with some of these applications – it is impossible to plan for every eventuality. However, you need to know your local planning policies thoroughly, keep on top of any local changes and most of all do your level best to assure local Councillors that they can trust you to deliver good quality new housing.

Email or PM me if you have a scheme and want to know how we can help you.

David Kemp
[email protected]

14/11/2019

The General Election & Planning:

The Planning Inspectorate has just announced its pre-election approach to casework. Generally, inquiries and appeals on very sensitive and locally controversial proposals will continue but decisions will be deferred until after the General Election result is announced.

Very interesting announcement that indicates:

1. Expect a period of purdah on your planning projects locally - local Councillors might be unwilling to meet and discuss

2. Interesting that the Inspectorate is holding back on decisions until they know who the Government will be

3. Decisions should be based on current policy and law but the Inspectorate seem to wish avoiding prejudicing the possibility of future changes in policy which may currently be of very little weight in some cases.

4. This announcement raises the question as to what extent the timing and substance of decisions should be influenced by a political process. Should not decisions be made in accordance with policy and law as it is now...?

Further details can be found via the following link:
https://www.planningportal.co.uk/news/article/674/

David Kemp
DRK Planning Ltd

Planning news - 14 November 2019 - Planning Inspectorate unveils its pre-election approach to casework, Liverpool faces fight to keep UNESCO World Heritage status, Plans for £100m subterranean scheme under Cavendish Square. And more stories...

13/11/2019

CONVERTING HOUSES TO FLATS

There can be great opportunities sometimes for dividing houses, particularly larger houses to flats:

* Existing house too big to sell to one family
* Price of the house or land high and profit is in sub-division
* Demand in the local area for smaller units
* Good size plot with room for extra units, parking etc

However, there are some general PLANNING and COMMERCIAL points to be aware of before going too far ahead with such projects and putting too much money into them:

* IS THE HOUSE BIG ENOUGH? This is not just a design feasibility question. Some Councils will not allow conversion below a certain size of house (e.g. 2 bedrooms or 150 sqm), or will not allow the loss of 3-bedroom homes for families. CHECK LOCAL POLICIES FIRST.

* AM I IN THE RIGHT AREA? This is more than a case of looking to see what your flats might sell for. The Council will want there to be examples of other flats (purpose-built or converted) in the area, so that there is a good mix, but not so many that there are not enough homes for families.

* WILL PARKING BE A PROBLEM? Issues like parking, additional comings and goings and waste collection are concerns for neighbours, who will notice a difference with more units. Some areas benefit from good public transport links and initial high level advice should almost always be sought from an experienced TRANSPORT PLANNING CONSULTANT first.

* IS IT COMMERCIALLY VIABLE? In some cases, trying to make the numbers stack means going into the roof space. This could cost a lot of money in possible structural changes and replacing the roof. Rooms in loft space often have a lower value per square foot and you might not add as much by way of profit as you think you might. COST CAREFULLY and seek ADVICE FROM LOCAL AGENTS on your layouts.

* AFFORDABLE HOUSING RELEVANT? Nationally, the threshold for making any AH contributions is 10 new units or more. However, in London and other parts of the South East, more Councils are seeking AH contributions below this (this is not necessarily unlawful), and you may have to consider this issue as part of the risk in your deal. This area is extremely complex and EXPERT PLANNING ADVICE should be sought.

There may be other costs and issues, such amenity and garden space, CIL and SPA contributions and impact on neighbours. The planning process takes time and expert advice should be sought on HOW to approach the planners, WHAT to prepare in advance of seeing them and TIMESCALE.

We often carry out INTIAL PLANNING APPRAISALS for clients and help guide them through pre-app and planning stages so that they:

* Make money from their schemes
* Deliver successfully on investors’ and partners’ expectations
* Successfully manage their reputation and key relationships

Failing to plan is planning to fail!

So email or PM me if you have a scheme for conversion and want to know how we can help you.

David Kemp
[email protected]