Next East Midlands NSIP due for submission

Summer 2014 Next East Midlands NSIP due for submission INSIDE SPECTRUM East Midlands Gateway Rail Freight Interchange is about to be submitted to the Secretary of State under the nationally significant infrastructure project regime. Eight NSIPs are programmed in the East Midlands. Three have been decided (Daventry International Rail Freight Terminal, Triton Knoll Offshore Wind farm, East Northants Resource Management Facility), the remaining 5 are in pre application stage, which includes the East Midlands Gateway due to be submitted at the end of July 2014. (More on page 18). Planning Aid 2 Leicester City Planner 4 Chairman's Report 6 Centenary Events 7 Nottingham Regeneration 8 Lincolnshire Mud & Stud Barn 10 Police fail in high court s106 12 Events & Young Planners 14 RTPI News 17 More local plans delayed 19 Editorial 20

Planning Aid England Planning Aid locally continues to focus on co-ordinating the delivery of neighbourhood plan (NP) support throughout the region but there is plenty of scope for Planning Aid England (PAE) volunteers to get involved in this. PAE is working as part of a consortium lead by Locality - Supporting Communities with Neighbourhood Planning and is currently supporting 22 groups in the Region. The work is led by Clive Keble and Darren Carroll but advisors Bob Keith (West Midlands Region), Mike Dando (Yorkshire) are also supporting groups in Derbyshire and North Notts. Recent additions to the family include Spring Boroughs and Growing Together - urban Neighbourhood Forums in Northampton. Broughton Astley in Leicestershire became the first NP to be made in the region and was influential in a recent SoS decision to reject an appeal concerning a housing site. Over the summer around half a dozen NPs will go through the required Section 14 (Pre- Submission) consultation before being presented to the relevant Local Planning Authorities for independent examination. We can look forward to a clutch of referenda late in 2014 and through to 2015. There is a wide variety of work going on with support required at all stages of the Neighbourhood Plan process e.g. the evidence base; policy writing; consultation and community engagement. Community groups also need help with practical aspects that do not require technical planning knowledge, e.g. project planning, mapping, general administration, management and IT. Support is provided in a variety of ways depending on the individual needs of each group and the capacity of each volunteer. Volunteers can also provide support remotely, from home. By their very nature, the focus of neighbourhood plans tends to be on real life practical issues which affect the day to day lives of communities you can therefore get the satisfaction of helping people directly. The interest in the events on volunteering held in May was quite low, but in Lincoln we had an informative and enjoyable discussion on the sorts of things that volunteers can get involved in and how their interests and aspirations can be 2

groups and individuals who cannot access appropriate planning advice and more widely to deepen understanding of planning in the public interest. met. One idea was to promote the value of volunteering to Young Planners in all sectors. Watch out for an event that Clive is considering organising (with an update on Neighbourhood Plans) for young (and more mature planners) in Nottingham (Castle Rock Brewery & Tap next to the newly restored Railway Station) in October. With this is mind Kat Salter is in the process of developing a national framework for PAE to support and develop nonneighbourhood planning activities which includes a number of distinct work streams which will provide a focal point for the regions. This may include offering additional support for eligible individuals, communities and groups and offering mediation and wider community engagement support and assistance. This will sit alongside the further development of Planning Aid Direct services which are a mechanism to offer free, independent and professional planning advice to individuals and communities. If you have any ideas or comments on how PAE should develop and expand its support and services to nonneighbourhood planning activity please contact Kat on: kat.salter@planningaid.rtpi.org.uk Clive Keeble Catherine Middleton If you might be interested in this or want to get involved in one of his current projects, do get in touch with Clive (details below), Of course, there is more to volunteering (and life in general) than Neighbourhood Plans! A number of new members of staff (Darren Carroll, John Harrison, Kat Salter and Andrew Close) have joined Planning Aid England and will be focussing on the adviceline, Planning Aid Direct and supporting non-neighbourhood planning activity. The ethos of PAE is to complement planning advice provided by public and private sectors and to support clive.keble@planningaid.rtpi.org.uk on 07889 541954 or 3

Leicester s head planner calls it a day! After 40 years of planning at Leicester City, Mike Richardson retired at the end of June 2014. I managed to catch up with Mike and asked him about his career. Where did it all start for you? I studied planning at Leeds Polytechnic and joined Leicester City Council as a young planning graduate in 1973, which was the year of the slogan plant a tree in 73. Much to the envy of some colleagues, I planted some trees with celebrities from Leicester City football club, although I have to admit I am not a great football fan. It was of course just before the 1974 local government reorganisation. I became a member of the RTPI in 1979 and have been a member ever since. What are you going to look back on and feel good about the job you have done? During the 1980s I worked on an implementation team delivering environmental improvements as part of an urban regeneration programme project looking to clean up buildings and improve the street scene. In those days there was 1million annual budget and it was very gratifying to see things happening on the ground very quickly. Over the years I have been involved in many things that I have been proud, such as overseeing the planning application process, steering through new developments within the city like the Leicester City football ground, the Highcross shopping centre, Curve, and more recently, of course, the RTPI award-winning schemes (see RTP I awards) Who or what influenced you most in your planning career? I have been around long enough to have worked under the influence of high profile planners such as Donald Sabey and John Dean, but what sticks in my mind from my early days in planning is the lesson I learnt from Jan Ziebicki, who taught me the art of development control discipline and thoroughness. What have been the key changes in planning during your career? 4

Well, planning has changed a lot, particularly in the last few years but I don t think the fundamentals have really changed. The NPPF has been a generally good thing but the loss of formal regional planning has not. Other key matters such the Nolan Report on standards in public life had a huge impact on the way decision makers conduct their affairs. It provided a particular interesting challenge for me as it was my job to develop the guidelines by which Leicester City Councillors would work. For me, that was important in order to safeguard the reputation of planning and decision making. Has anything changed for the worse? Planning has an important role to play in supporting economic growth but the mantra of economic growth has eroded some of the wider purposes of planning. What advice would you give for those starting off on their career in planning? Those thinking of starting off in the planning profession should try to get experience in more than one area of planning. Planning is a learned craft and we need to see things in the round. When I was at planning school much of the learning was about social and economic theory but these days planners tend to be more practically trained which is a good thing. What do you see for the future of planning in the city and the region? thinking about planning strategically lives on What has been the main thing that has changed for the better? One of the main things that have changed for the better over the years is that planning is becoming a more inclusive profession, forming a vital component of multidisciplinary teams. The other aspect has been the welcome move to development management, a clear message about delivering the intent of the policymakers. What worries me about the future of planning is the loss of control over the delivery of planned development. The drive to deliver housing, the five year housing supply issue, converting offices to flats, relaxation of control of development in the countryside is leading to a less sustainable world that planning is going to find more difficult to have an effective influence over. Having said that, I am heartened by the positive working relationships developing within the wider housing market area in Leicestershire, including elected members from different authorities across the subregion getting together and thinking about planning strategically across their planning authority boundaries. We wish you well, Mike, in your retirement may it be long and happy. Editor 5

Chairman s Report EMRTPI Review All organisations need to evolve if they are to remain relevant, and the RTPI East Midlands is no exception. That is why one of my first acts as Chair has been to institute an external review of all our activities to consider how well we are meeting the needs RTPI members in the East Midlands and to make recommendations for how we can do things better. With the support of RTPI Head Office, John Stuzacker from RTPI North West and Brett Spiller from the RTPI South West have been commissioned to undertake the review and have been speaking to a number of RTPI members in the region to get their views and ideas, as well drawing on their own considerable experience. The review recommendations will be discussed at the next Regional Forum meeting on the 3 September, and will be used to inform our business plan for 2015/16. East Midlands Awards As chair of the EM RTPI I have been delighted to attend the East Midlands annual awards ceremonies for both Royal Institute of British Architects and the Institution of Civil Engineers. Both were very well organised and attended events which showcased extraordinary good practice across the East Midlands. In comparison, our East Midlands RTPI awards have become a bit low key in recent years. I was therefore delighted at our last Regional Forum meeting that James Carpenter of Blaby DC (a former EM RTPI Chair) agreed to lead a small task group to look at ways to 'big up' (to use the technical planning term) our awards. Further details on page 17. Centenary events As a I am sure you are all aware, 2014 is the RTPI's centenary year. In the East Midlands, we are keen to play our part in the celebrations, but also to use the opportunity to discuss how planning should move forward - particularly over the next Parliament. The centrepeice of our celebrations will be a series of five breakfast events taking place at universities across the East Midlands involving local politicians, academics, architects and engineers - as well as planners. Details of each event are set out opposite, which will take place between 8.00am and 11.00am: 6

Centenary Events DATE PLACE THEME Friday 7 November Friday 14 November Friday 28 November Friday 5 December Friday 12th December Nottingham Trent University University of Northampton University of Derby Lincoln University University of Loughborough A Vibrant Core City Key speakers include: Cllr Jane Urqhuart (Nottingham City Council) Mark Spencer MP (Sherwood), Cath Ranson, RTPI Chair Delivering Major Growth Key speakers include: Cllr Jim Harker (Northamptonshire CC) Sally Keeble (PPC Northampton) Manufacturing Jobs for the Future key speakers include Pauline Latham MP (Mid Derbyshire) Prof John Coyne (University of Derby) Demographic & Climate Change Key speakers include: Cllr Rick Metcalf (Lincoln City Council) Karl McCartney MP (Lincoln) (tbc) RTPI Chief Executive Urban & Rural Regeneration Key speakers include: Cllr Max Hunt (Leicestershire CC) Nicky Morgan MP (Loughborough) If you would like to attend any of these events, please contact Sue Slack. I am really keen that we have a positive debate on the future of planning which will lead to more informed political decisions at both a local and national level - so get involved! The events are free, but as places are limited we will reserve the right to levy a fee for late non-attendance. 7

Nottingham aims to thrive and prosper Mike Taylor, Director of Nottingham Regeneration Limited (NRL), gives an insight into its work. NRL has existed since 1998 but unlike many other public/private partnerships regeneration vehicles it continues to thrive, and indeed, prosper. Lace Market Set up originally to protect and promote the rejuvenation of Nottingham s historic Lace Market, NRL has grown into a specialist regeneration agency providing a consultancy service to it s key partner- Nottingham City Council but also works for the likes of the D2N2 LEP, other local authorities as well as other public and private sector clients. Business model As a property owner in its own right NRL has developed a business model which is more self sustaining and commercially independent than many other Urban Regeneration Companies that did not survive the changes in political architecture driving economic development and regeneration introduced after the last election. After a period of retrenchment, confidence has now returned and the NRL Board has recently sanctioned a strategy of incremental growth. Waterside potential An area of interest for many years for the company has been the regeneration of Nottingham s Waterside extending along the 1.5 miles of largely industrial frontage of the Beeston Canal and River Trent. This largely unexploited frontage is one of huge potential with opportunities for a range of residential, commercial and leisure developments along this elegant waterfront. Following a major site assembly exercise, ISIS secured planning permission for a 8

massive largely apartment based scheme at Trent Basin in 2007. However, due to the recession and not least the failure to secure gap funding the scheme was not implemented. Despite the economic downturn River Crescent was built and although the original owner experienced financial difficulties the development has proved popular with both occupiers and investors and has recently been purchased by Crowngold Estates. Sustainable homes Adjacent to the award winning River Crescent scheme Blueprint Regeneration was selected by the HCA as their preferred developer and they have recently secured planning permission for 160 highly sustainable residential units around the basin itself. The scheme will comprise predominantly family housing and was designed by local Nottingham architect Marsh Grochowski and Manchester based Urbed. The designers have learnt significant lessons from the successful Green Street development recently completed by Blueprint in the Meadows which is now into its second phase. In its prime Trent Basin was considered to be the largest operational inland waterways basin in the country. The proposed development brought forward on a phased basis, should complement the adjoining land uses and help to contribute to the creation of a new sustainable neighbourhood from which the public open space within the basin itself, as well as the riverside setting, can be enjoyed. New walkway A new public walkway along the river frontage forms a key element of the design. A new local centre is also proposed at Daleside Road by Cedar House that will serve the future residential community at Trent basin and elsewhere in Nottingham Waterside. With the first phase of the scheme due to be on site this August, there has been a noticeable increase in development interest in the area and it is clearly evident that the proposed development has acted as the catalyst to further regeneration, which NRL and its partners will seek to facilitate and promote. 9

Lincolnshire s first mud -&-stud barn for 300 years Globe Consultants Ltd based in Lincoln acted as planning consultant for the scheme which was granted planning permission by East Lindsey District Council in April 2013. benefit of local schools and the wider community. A grant from Natural England was consequently been obtained towards the specialist construction of the facility which will effectively be utilised as a The barn will be used for educational access within Natural England s Higher Level Stewardship Scheme (HLS). In this particular case, the applicability of the Stewardship scheme is in part achieved through the delivery of a new significant educational resource for the Countryside Classroom for visits from schools and other groups and also as a farm, countryside and heritage learning centre. 10

It is expected that the development will attract up to 60 visits (mostly by schools) a year. The barn itself will be a unique educational resource in its own right, providing insight into historic and traditional building techniques as well as architectural considerations. It will also hopefully show how new and old building techniques can complement each other. Kirkstead Abbey ruin Indeed, by replacing the old buildings with an oak frame barn using Lincolnshire timber, the intention is to add to the overall visitor experience. The opportunities and outcomes to be achieved from the proposed development are also in part a response to community aspirations for better use of the existing Kirkstead Abbey heritage asset. For more information, please contact Andy Booth, Globe Consultants Ltd on 01522 546 483 or andy.booth@globelimited.co.uk. The education experience to be provided will not only focus on the farming activities of the farm itself but also, through proximity to the heritage resources of Kirkstead Abbey and St Leonards Church, enable a broader understanding of the environment, local history with associated interactive opportunities (capable of being achieved through the commitment of the applicants and local landowners, Will and Jo Nelstrop.). 11

Police in the High Court fail over s106 Colleagues will recall that in the last edition of Spectrum, it was reported that Leicestershire police had launched a legal challenge against the s106 accompanying Blaby District Council s permission for a 4,250 homes proposal (known as New Lubbesthorpe. The High Court considered the challenge on 21st May 2014 in Birmingham. case cannot go forward. At the second stage, the Court will consider the merits of the case and whether the grounds for Judicial Review are made out. On 21 March 2014, the High Court ordered that the two stages should be dealt with at a single hearing on a rolled up basis. The urgency arose because of the availability of funding from the Department of Transport for the construction of the M1 motorway bridge. On 16 April, the High Court granted permission to the Police and Crime Commissioner to amend the grounds for his claim to include a further ground. On 21 May 2014, the hearing took place at the High Court in Birmingham and Judgment was issued on 27 May 2014. David Morgan, County Solicitor at Leicestershire County Council, reported the outcome of the case and explains the process. In broad terms, Judicial Review is usually a two-stage process. At the first stage, the Court considers whether to grant permission for the case to proceed; cases may be dismissed at this stage if there is no arguable case for Judicial Review, if Judicial Review is not an appropriate course of action, or if there is some procedural reason why the High Court Decision Four grounds for Judicial Review were put forward; all were dismissed by the Court, two at the first, permission, stage of the process and two at the stage of considering the merits of the case. The grounds are summarised below. The first ground may be summarised as Blaby District Council having failed to include appropriate provisions within the s.106 Agreement, failing to consider whether the contents of the Agreement were adequate to achieve what was re- 12

quired, and failure to give grounds for its action, amounting to the Council having acted irrationally. The Court concluded that this ground had passed the first test of being granted permission to proceed but dismissed the arguments concluding that the defendant has considered the matter properly and has reached a rational and sustainable conclusion, even it is not one with which everyone would agree. to buy property on the development would want some reassurance that it would be properly and efficiently policed, but concluded as noted above that there were no grounds for Judicial Review. The second ground may be summarised as a failure by officers of Blaby District Council to return the matter to committee or give proper reasons. The Court considered this added nothing to the other grounds and accordingly did not give permission for this ground to proceed past the first stage. The third ground may be summarised as a failure by Blaby District Council to consult with the police in relation to the contributions. The Court concluded that whilst permission would be granted for this argument to proceed, it too should be dismissed on the basis that there was nothing that could have led the police to believe that it would have been consulted in the way for which it argued. The fourth and final ground of the claim related to a breach of Town and Country Planning legislation and procedure. This issue was only identified at a late stage, well after planning permission was granted and was the subject of the late amendment to the claim. The Court concluded that this ground for the claim did not pass the test at the first, permission, stage. The Judge noted that there were features of the way that the matter had been dealt with which were not wholly satisfactory and that those who wished Appeal Proceedings There are two ways in which an appeal can be brought, either by way of permission from the Trial Judge or on application for permission to the Court of Appeal. The Trial Judge refused permission to appeal and it is understood that no application has been made to the Court of Appeal by the Police and Crime Commissioner. The court proceedings in this matter are, therefore, concluded. Source: Leicestershire County Council Cabinet Report 17th June 2014 13

Events Positive Planning Long Eaton Town Hall Tuesday 30th September - 6pm Erewash Borough Council have recently successfully steered their Core Strategy through to adoption. The major regeneration site the former Stanton Ironworks is a good informative case study of a major complex mixed-use development. In addition, over the last 6 months the Development Management team have introduced a new culture and working practices to provide a customer focussed service delivering quality development. This event will be of interest to young planners at various career stages as well as student RTPI members. The event will include an introduction to the Erewash area and a presentation on both examples of positive planning by a local planning authority in the current climate. This will be followed by an optional trip to a nearby pub for further networking. To book a place please email Andy Ruck: andrew-ruck@tamworth.gov.uk Young Planners Conference 2014 The annual Young Planners Coneference will be in Bristol this year. Follow the link for more information. The RTPI web link is: http://www.rtpi.org.uk/events/young-planners-conference/ The booking link for the conference is: http://www.rtpiconferences.co.uk/40404 The booking link for the dinner/dance is: http://www.rtpiconferences.co.uk/40405 Young Planners meet Brownfield Bugs On 11 March, eleven young planners from the East Midlands and East of England regions enjoyed an informal evening with the team at Bug Life, the invertebrate conservation trust. T he evening was hosted at Bug House near Nene Park, Peterborough, and included a presentation on wildlife rich brownfield sites and how to mitigate the impact of development on these sites. Young planners were introduced to various case studies from around the country, before taking part in an activity identifying key features of open mosaic habitats. The event was enjoyed by all; with one young planner noting it was interesting to hear of the importance of brownfield sites for nature not something that I had considered before. 14

15 Events

16 Events

East Midlands RTPI Planning Awards The East Midlands RTPI will soon be accepting entrants for its Planning Awards that will seek to celebrate best planning practice and high achievement in the East Midlands across a number of categories. Those categories are: Plan of the Year Development Scheme of the Year Planning Consultancy of the Year LPA Team of the Year Young Planner of the Year (winner to be forwarded on to the RTPI national awards) Chairman s Award RTPI News (Discretionary award for outstanding achievement in planning) An Awards Reception Event is being planned for January 2015 that will provide an opportunity for networking and celebration with both clients and colleagues. For opportunities for Corporate Sponsorship, or for more information on how to be involved in the judging, please contact Sue Slack, Regional Coordinator. Sue Slack (Regional Co-ordinator) PO Box 10353 Grantham NG31 0HH T: 07870 276454 E: emidlands@rtpi.org.uk 17

RTPI News RTPI Elections The nominations stage of the RTPI elections runs until 28th July 2014. Details of the role available for election and the timetable for the elections are available on the RTPI website at this link: http://www.rtpi.org.uk/about-the-rtpi/governance/rtpi-elections/ Future Planners One of the ways the RTPI is commemorating the Centenary is the Future Planners programme, by which volunteer Ambassadors go into school with a set presentation to encourage school pupils to become planners. The ambassador presentation is also a calling card, by which links are built between schools and the planning profession. Now is a good time, with the changes being made to the school curriculum in September. Building links with schools should also help Councils engage with their communities. Although the first target of 100 hundred ambassadors has been reached you can still register your interest, if you know of a particular school that is interested in being involved, or you just want to make yourself available should any schools come forward in your area. Check out the Future Planners page on the RTPI website, or contact Michael Martin at the RTPI. http://www.rtpi.org.uk/education-and-careers/rtpi-ambassadors-programme/ Look out for news of the ambassadors programme in future issues of Spectrum. 18

Two more plans delayed Ashfield s and Charnwood s local plans both faced a set back in the spring as Inspectors recommended rethink. Ashfield District Council s local plan has been recommended to be withdrawn following planning inspector Jeremy Youle s findings. He said he had "two significant concerns regarding the potential soundness" and that his "fundamental concern" was that it was not clear why allocated sites have been selected and alternative sites rejected. The Inspectors letter is available here. Concerns were also raised about the way potential landscape and visual effects had been assessed and factored into the decision making process and issues around the protection of the green belt and how it relates to national policy. In Charnwood, the Inspector, Kevin Ward, is prepared to accept a postponement of the examination pending Charnwood undertaking some further work on their evidence on housing numbers and the ability of neighbouring authorities being able to cater for unmet need for the proposed plan period. The Inspector found that the evidence was not robust enough nor up to date to conclude that the provision of 790 houses was appropriate in the context of the housing needs of the HMA. However, based on the willingness of of Charnwood and its HMA authorities to consider the evidence in the light of new SHMA being prepared. Unusually, he has offered a 9 month suspension for the work to be done. He said, The new SHMA and subsequent co-operation and joint working between authorities which is planned could potentially address these concerns. However, as with all these things there is no guarantee that he will ultimately find the plan sound. A copy of his letter can be found here EAST MIDLANDS NSIPs (Continued from front page) The remaining four NSIPs in the East Midlands are: East Midlands Intermodal Park Heckington Fen Wind Park Grid Connection Nocton Fen Wind Farm Triton Knoll Electrical System 19

The last word.. Summer recess It s that time of year when summer holidays beckon! Parliament is heading for its recess on 22nd July, so look out for ministers clearing their desks of any planning related consultations, announcements or publications. Spectrum understands that there may well be some so whether this stops you packing your factor 30 as you head for East Midlands Airport or your spray tan and umbrella as you head for Skeggy, is a matter for you to wrestle with. Bygone Planners Survey What was particularly striking was the respect that the planner had and the excitement that they were able to generate Analysis about their plans and visions and yet make them all sound so sensible and obvious. Options Hindsight is a wonderful thing when we look back at post war planning ideals but I ll just put a bypass here In between football, I was watching a history documentary made in 1948 about town planning. The film aimed at audiences with an interest in this area but it set out what a planner had to do to replan the town. It was revealing in the way that it built up the layers of complexity of planning, the amount of data, information and understanding that was required about what makes a place work and the ideas and innovative thinking that was required. Sound familiar? still worth reminding ourselves of why planning is still important even though 20

we live with the criticism that has become so common place for us to bear in these more modern and enlightened days. Decision Source: Land of Promise The British Documentary Movement 1930-1950 CAPTION COMPETITION Look at the still titled Analysis on the previous page. Any offers of a caption for that scene? The best will be pub- Maybe planners are a good thing afterall! of Valencia where a beautiful building was ruined by ugly structures being allowed on its roof. He thought this was awful and he finally admitted that maybe planners are a good thing! He also used to tell me that trying your best wasn t good enough you had to deliver! He had a point! In Box If you have any views, comments or stories I would very much welcome your input. Contact editor. A Director I once worked for ( a non planner) recently sent me his holiday snaps Contact Online: www.rtpi.org.uk/eastmidlands Lonek Wojtulewicz - Editor - E: lonek.wojtulewicz@leics.gov.uk Andrew Pritchard - Chair -E: andrew.pritchard@emcouncils.gov.uk Sue Slack (Regional Co-ordinator) PO Box 10353 Grantham NG31 0HH T: 07870 276454 E: emidlands@rtpi.org.uk Registered Charity Number 262865 Scottish Charity Registration Number SC 037841 Registered Office address: R.T.P.I 41 Botolph Lane, London, EC3R 8DL 21