Town Planning and Development Control - Research Paper Example

TOWN PLANNING AND DEVELOPMENT CONTROL Introduction The Preston Borough Council is authorized to proceed with the planning for redevelopment of a piece of land that used to be the premises of St. Mary’s Church, at Friargate Brow. The property is government land and is owned by the government and has been given on lease to the church diocese. However, in the absence of proper worship and dwindling of membership, the condition of the church had deteriorated to an extent where repairing of the church is irrelevant due to poor management and lack of funds, and had to be razed by the Council. The Preston Borough Council (PRC) has the right to inspect properties such as the church referred to above, and take necessary steps to ensure that they continue in good health or if this is not possible, to take the property and arrange for redevelopment together with the cooperation of the local people. Given the property’s proximity to a university and good access to public transport, it undoubtedly commands a good market value and is therefore in a position to attract the attention of top and reputed developers. (Figure 1 – Church property site for development) I am a member of the Preston Borough Council and I share in the responsibility of the Borough to coordinate plans for the development of the property of the erstwhile church in the manner that serves the cause of the populace within the jurisdiction of Preston Borough Council. The Town and Country Planning Act 1947 and 1990 Prior to 1947, the use of land and development was largely uncontrolled. The Town and Country Planning Act was enacted and published in 1947 providing the basis for the control of development and land uses in the United Kingdom. This Act also provided a comprehensive system for the control of development and since then, no land owner has been entitled to carry out any development without first obtaining the necessary planning permission. This Act nationalized the right to develop land. It requires all proposals to secure planning permission from the local authority with provision to appeal against refusal. This Act requires local authorities to develop local plans to outline the kind of development permitted in the local maps. This planning system was consolidated KEY The site University building (Livesey House) Private Property (Figure 2 – Site area and surrounding buildings) in the Town and Country Planning Act 1990. Section 106 of this Act which is a variation of Section 52 of the previous Act of 1947 requires the developer to make financial contributions beyond the immediate building works to offset development effects on the local community. This Act also comprehensively deals with other aspects of development such as acts of God like floods and earthquakes (An introduction to the British Planning System). Basically, the Act makes way for a developer to buy land, build a structure, and control the development process from beginning to end. The developer takes the risk in buying land, developing the building program and design, obtain the necessary public approval and financing, build the structure, and ultimately sell the property in units of residence, offices, or other means such as non-residential institutions. The developer works with different professionals along each step of the process that includes architects, city planners, engineers, surveyors, inspectors, contractors, leasing agents, etc. The definition of the term “development” needs to be understood as construction of a new structure and this may include demolition of an old structure that existed prior to the new one on the same premises. The Plan First of all, the Preston Borough Council is committed to consulting with the local community on the feasibility of allowing housing and commercial complexes to be built in the relevant area under consideration for development. The council has the authority to invite tenders for property development within legal constraints that contributes to the vitality and viability of the region (Murray-Carmichael, Maria; 2005). (Figure 3 - The main entrance to the site which is accessible for both vehicles and pedestrians) The Council will not be engaged in the redevelopment of the property. But the Council will invite tenders for development from reputed and recognized developers for the purpose. The selected developer will then present the design of the proposed construction to the Planning Design Division of the Preston Borough Council. The Planning Design Division is responsible for all planning related design and the implementation of the design. The service is delivered by “a multi-disciplinary design team of professionally qualified staff who are committed to raising the quality of the public realm, conserving heritage and encouraging innovation in the city. The core functions of the Division are heritage, landscape design, public art and urban design. The Division works in close liaison with planning policy, development control, building control and other council officers to ensure consistency in standards and compliance with policy, and in partnership with external organizations and other local authorities” (Design and Heritage, 2008). The selected tender will provide an undertaking to complete the construction within a time-bound period. In case of any change in plans or time extension for completion of construction, the same could be communicated to the Council in writing well in advance. Planning for a new structure requires application of mind and due diligence and if it is done in a prime location such as the one under discussion, namely, the premises where once the St. Mary’s Church existed, it requires extensive and aesthetic designing on par with the plush environment. Construction of a building structure does not automatically follow that all the premises will get sold in a matter of days or weeks. Management of real estate can be unpredictable at times and requires patience and perseverance. A buoyant market leads to quick sales. However, the market is not always buoyant and the developer has to keep weighing his options between selling and leasing (Johnston, Bryan; 2009). Planning is a crucial stage of development. The entire structure depends on the planning stage and the earlier and efficient developer will have little worries if he has taken care to handle every important detail of the property at the planning stage. The entire edifice of the building depends on how well the developer has coped in coordinating the activities in getting the design approved. Policy framework The Council is under an obligation to comply with national laws while approving the plans of the developer. The Council cannot unilaterally or arbitrarily approve of a plan. The Council’s decision is inevitably influenced by “a framework of strategies which detail its policy and priorities at three levels. (Figure 4 - Photo showing the North side of the site, which also includes the main entrance) “At the first level there are two strategies which provide an overarching strategy for decision-making in the Borough: the Community Plan and the Local Plan. At the second level, there are strategies to realize the Council’s principal objectives that consist of the Environmental Strategy, the Community Safety Strategy, the Transport Strategy, the Economic Strategy, the Housing Strategy, the Leisure and Cultural Strategy, and the Partnership Strategy. Also at the second level are the Council’s organizational development strategies to ensure that the Council can continue to develop and grow as an organization, the Financial Strategy and the Human Resource Strategy. At the third level are the Council’s policies and procedures and there are many of these including the Licensing policy, Civil emergency plan, and Parks and Countryside policy to name a few” (Policy framework, 2009). Also under the Construction (Design and Management) Regulations 2007, there are health and safety responsibilities to be considered before starting construction work. These must be notified to the Health and Safety Executive (What you need to know if you are doing or having construction and building work carried out, 23.02.2009). Policies are largely framed at the national level. It is important for the Council to keep abreast the policy details. Customarily, the Councils get hold of the central government’s policies as soon as they are framed. An important sector like housing gets priority for policies to be communicated as soon as they are framed by the centre. Complaints Prior to the execution of the design, or during the execution of the design, it is possible that there may be complaints as regards any breach to the planning control emanating from any source that may be made by writing, phone, or by email. Breaches may occur in the site under construction or externally outside of the construction limits but within the precincts of the neighborhood. Once the complaint is received and acknowledged, there will be an investigation to verify the complaint within 5 working days. In case the complaint is unsustainable, the reasons will be conveyed to the complainant. However, in case the complaint is sustainable, the complainant will be informed informally of the veracity of the complaint and also the corrective actions being initiated. In case the corrective actions are not found to the satisfaction of the complainant, the complainant could take up his complaint formally with the Planning Inspectorate (A guide to planning enforcement, 2010). The complainant may choose to stay in cognito or may not object to his identity being revealed to the developer. If he chooses to remain in cognito, the Council will respect his preference. The Council is not under any obligation to disclose the identity of the complainant to the developer. The Council can only disclose the nature of the complaint and seek how it will be addressed by the developer. The developer has the opportunity to explain his side of the case and his liability, if any, to put things right within a reasonable period of time. In case the developer does not cooperate in correcting the breach even after sufficient time is given him to carry out repairs/modifications, he could be served with an Enforcement Notice to overcome the problem within a certain period of time. Failing this, the Council could initiate proceedings in a court and the court must determine why the Enforcement Notice has not been complied with. The structure The site is large enough to accommodate parking of 60 cars, although the exact admeasure is not provide. Nevertheless, the site is large enough for one complex of 9-10 floors. The developer has the freedom to decide on the number of offices, residences, non-residential institutions, leisure and assembly premises, and space for car parking in the design, subject to the approval of the Council. The developer must be renowned and reputed for his commitment to excellence, concerns for environment, and commitment to community. (Figure 5 – Plan for new development of the site) Undoubtedly, there will be competition at the bidding stage when developers vie with one another to secure the tender. It is not necessarily the highest bidder who will win the contract. Planning the design of the structure is very important. Tall buildings increasingly make their presence felt on urbane landscape. Also, beyond the aesthetics there is the need to assert engineering capabilities. As mentioned earlier, the premise where St. Mary’s Church existed has the capacity to accommodate 60 cars. On the basis of this fact, one can assume that it is possible to construct a ten-floor edifice on this premise. The policy briefs drawn up by Preston Borough Council provide the type of building design that will be acceptable for development on the site. Accordingly, the planning brief will set the basis for negotiation for planning permission between the Council and the prospective developers. Thus, it is necessary for the developer to get proper understanding of the type of building design that the Council is planning to accept. The developer may have to make several visits to the office of the Council in order to get a thorough understanding of the property envisaged to be developed in the said land. The Council has provided a fair picture about the type of building it is looking at for the plot in question. It has also provided the picture of the different classes of people who might be interested in making a home, office, or non-residential institute in the building. An experienced developer will be in a position to offer his bid after taking a good look at the plot and discussing it with his colleagues. Being close to a university gives the plot a studious and business-like feel. The place will find acceptance among students and the business class alike for the simple reason that it is close to the university. Being close to the university will also attract firms involved in the educational and information technologies. The potential for attracting buyers is immense and place enjoys accessibility and sustainable growth value. Residents, non-resident educational institutions, and responsible business houses are likely to show interest in occupying a place in the building. Using this as the background, it becomes easy for any experienced developer to make his plans and submit it for approval. Nonetheless, many developers will have the same idea about the plot and all of them will compete for the plot. This stiff competition will ensure that the Council is in a position to make substantial gains through the plot. However, the buck does not stop at the Council’s office. It only begins there and continues through the developer to the ultimate buyers. Planning must include environmental value. The green movement is emerging stronger due to global warming and the realization that everybody must contribute his and her mite to bring down the global temperature to its actual level. This is a tall order given the ubiquitous tendency for migration to cities. But it must be aggressively pursued to contain global warming. The edifice at the erstwhile St. Mary’s Church could do with a few trees for the green effect. It will enhance the building’s outlook and attract business people who are also lovers of nature. There is the feeling that space wasted on greenery could be commercially exploited. Efficient space management can ensure compatibility of business and greenery in the most effective manner. Besides, accommodation is not all about high cost residences and offices. It is essentially shaping humane living environments. Anybody residing in the vicinity must be in a position to point to this building and say that he or she has been in this edifice and found the environment friendly and invigorating. Conclusion Planning and designing of an estate in the United Kingdom is a challenging task because of the great number of estate developers. A new and fresh entrant into this industry will have work cut out to successfully bid and win contracts. However, the reward is there for those who persist and work their way up. The plot of St. Mary’s Church does not appear as bright prospect for a new comer. Obviously, its prospects lie with seasoned, experienced players. The plot exists for development by those who have been there and done development of similar projects earlier. It is a promising project for the experienced and enterprising. Undoubtedly, those who have undertaken such projects will have what it takes to go through the exercise of making applications, following up with different departments, and getting approvals. Planning the design will be the main challenge for every bidder. Ultimately, only one bidder will get the project. It will be the one who has done his homework. This will be the one who has considered all factors and included them in an organized and efficient manner. Sources: A guide to planning enforcement, 2010, http://www.preston.gov.uk/environment-and-planning/planning/enforcement/ An introduction to the British Planning System, http://www.planning-applications.co.uk/an%20introduction.htm Annual Governance Statement, Teignbridge District Council, 2008, http://www.teignbridge.gov.uk/CHttpHandler.ashx?id=14905&p=0 Communities and local government, http://www.communities.gov.uk/corporate/about/ Design and Heritage, 2008, http://www.preston.gov.uk/environment-and-planning/planning/design-and-heritage/ Improving quality of life through design, http://www.cabe.org.uk/ Johnston, Bryan; Downturn bites deep, 24 April 2009, http://www.planningresource.co.uk/resources/BigIssues/article/900258/Downturn-bites-deep/ Murray-Carmichael, Maria; Town Planning & Development Control, 06.01.2005, http://academia-research.com/files/message/1904182_Module%2520Information%2520Pack.doc Oxford, Mike et al, Local Authority Services and Biodiversity, Your Statutory Obligations, 2007, http://www.avonwildlifetrust.org.uk/documents/NERC_act.pdf Planning Applications, 2009, http://www.planningportal.gov.uk/england/public/planning/applications/ Policy framework, 01.05.2009, http://www.reigate-banstead.gov.uk/council_and_democracy/about_the_council/plans_and_policies/policy_framework/index.asp Preston City Council, Planning, 2007, http://www.preston.gov.uk/environment-and-planning/planning/ Reigate and Banstead Borough Council, 2008, http://www.reigate-banstead.gov.uk/p.asp The Planning Inspectorate, 2004, http://www.planning-inspectorate.gov.uk/pins/index.htm Town and Country Planning Association, http://www.tcpa.org.uk/ What you need to know if you are doing or having construction and building work carried out, 23.02.2009, http://www.hse.gov.uk/construction/cdm/buildingcontrol.htm Figures 1 to 5 Patel, Asif, 61.02.2010, Former St. Mary’s Church, University of Central, Lancashire Read More