
More NPPf, More Localism, Fewer Haybales?
The debate about NPPF does not just "rumble" on, following the comments of the Select Committee of MP's it has been hitting the media again. However, the media continue to overplay the drama. We remain convinced that the NPPF is not going to give rise to the dramatic changes for which some wish and that others dread.
It seems to us that the likley outcome of the NPPF consultation process is more likely to be "gentle touches on the tiller" rather than a complete rewrite. I also maintain my thought that there will be less certainty and potentially more dispute - ie that the law of unintended consequences will apply, rather than the transformation of the planning decison making process which the Government professes to hope for.
The Localism Act, as it now is, holds lots of interest, not the least of which is: when will the rather important details be made public? The Act is a pretty opaque read with much of it amending other legislation and creating a framework that requires Regulations to provide the detailed changes to current practice.
So, when we read that there will be a much tougher Enforcement regime against anyone "concealing" unauthorised development we are left wondering, what is "concealment"? The obvious case of the house in the middle of a stack of haybales does not help much on defintions. What about the person who simply does not own up, maybe converts a barn to a house or office and does not volunteer to pay their Community Charge or Business Rates - is that "concealment"? Can the Council come along many years later and extend their period for Enforcement, perhaps if an innocent party purchases the property and happens to make what they thought would be a routine enquiry? I think we will have to await some test cases to see. Are there really many that many houses tucked away in haystacks with owners nervously counting down the days to justify a potentially significant change to the law?
The Localism Act also creates a regime in which communities can register land and buildings as "assets of community value" meaning they cannot be sold off to a new use without the communinty having the chance to make a bid - again seems like a lot of legislation to cover a small range of circumstances. But, we will see.
I am mightily relieved to have been able to submit our application for a new Premier Inn and Brewers Fayre in Bedford this week. Our clients St Teresa's school in Woking are also very pleased that we have been able to submit the application for their extension, hopefully in time to go to Planning Committee in February - we will certainly be pressing for the February date. Meanwhile, another application for a Byron restaurant has been submitted following the success in Oxford, this time back in central London.
I understand that the debate about changes to the Listed Building Consent regime is also re-awakening with a report from Dept for Business Innovation and Skills. Amongst other ideas, there is a suggestion that Listing entries should specify the features that are of "interest" so that changes to other parts of the building do not need Consent - great idea, but I wonder how long it will be and how many Inspectors it will take for every Listed Building to be re-examined and re-Listed, all at a time of austerity - is there anybody in Governemnt thinking these things through?
Despite Mark and I turning up at the meeting point for our staff Christmas event wearing mountain gear with ropes, ironing board and iron the absence of a very long extension lead gave away that we were not going Extreme Ironing - we were instead taken to a cookery school and made to cook our own dinner. Everyone seemed to enjoy the experience, but we have decided that the evidence does not support us diversifying into our own WP restaurant brand - well not yet anyway.
If there is anyone out there reading this before Christmas - Happy Christmas, otherwise I wish you all a very happy, successful and prosperous new year - let us confound the economic pundits and have a good 2012 - optimism starts here!