Forum Topic

Surge in Planning Applications Recently

There has been some speculation about the future of the post office in Chiswick so I decided to check planning applications on the Hounslow Council web site. There is nothing about the post office but I was surprised to see that the number of applications has increased recently, having expected it would have dried up to a trickle or even that the council wasn't accepting applications.There have been 89 submitted since 30 March a higher number than was seen before the crisis unfolded. I don't know how the planning system will operate at the moment but it looks likely that some people are taking the opportunity to put in applications that they hope will slip through unnoticed given that the normal means of consultation are non-functioning. This will probably be a chance for big developers and your neighbour who was considering that very intrusive extension.

Dan Evans ● 2404d31 Comments

"There have been 89 submitted since 30 March a higher number than was seen before the crisis unfolded. "From the planning website:List of application based on the following criteria:-Valid between: 30/3/2020 and 6/4/2020 Number of cases: 74 Valid between: 30/3/2019 and 6/4/2019 Number of cases: 93So there has been a 20% decline in the number of applications compared to the same time period last year.You need to do more investigation to have evidence to support your theory, I think...

Michael Robinson ● 2404d

If you look at the weekly lists there has been a significant rise in the most recent numbers. Between No of Apps 30/03/2020 - 05/04/2020 89 23/03/2020 - 29/03/2020 54 16/03/2020 - 22/03/2020 76 09/03/2020 - 15/03/2020 75 02/03/2020 - 08/03/2020 73The important point isn't really whether or not this is higher or lower than this time last year but that there are any applications being processed at all and how the public can be reassured the present situation is not used by the unscrupulous to sneak through problematic plans.

Dan Evans ● 2404d

Firstly Councils can't refuse to accept a planning application due to the current situation, to do so would be unlawful.  Of course it is having a significant impact upon the services being provided by local planning authorities, albeit primary to the detriment of applicants.  Pre-application meetings either on site or at Council offices aren't taking place, leading to either the pre-app service offered by the LPA effectively being suspended until further notice or only a written response being provided, rather than more robust or detailed advice being provided which would usually be facilitated by a site meeting or a face to face meeting.  Whilst some Councils are embracing modern technology and still facilitating planning committees (or even introducing emergency powers delegating all decisions to Officers), many Councils are simply delaying planning committee meetings until the current situation is over.Secondly, to turn Dan's argument on its head, taking account of the huge increase in people working from home, people being furloughed etc. with little else to do, now isn't exactly a good time to be submitting an application in the hope that it might be "go under the radar" (not that there is ever a time to try that).Thirdly, unless an application was ready for submission just before the lockdown came into force (i.e. it was always intended for submission now anyway) it is now extremely difficult to finalise many application for submissions anyway.  Councils won't accept (putting to one side the fact that no professional would do them now anyway) assessments of traffic flow, parking surveys, acoustics etc, because, just like school holidays, the data would be so skewed by the current situation that it isn't reflective of 'typical' times.

Adam Beamish ● 2404d

A single week increase isn't evidence of a trend.  It could be a statistical blip.  Maybe there is a rush to get applications in before the Easter holidays?If you look at last year's data for the same period, there was also one week with a 30% increase in applications.... then it dropped down the following week.You really need to collect several years worth of data to understand if the weekly variation is an outlier or within the usual range of variation.  5 weeks isn't enoughAll of the weekly figures are down from the same period in 2019 by an average of 16% hinting at a slow-down in applications overall.

Michael Robinson ● 2404d

Thanks Adam, for throwing more light on the subject. From what you say it would seem that there is likely to be a hiatus in larger applications once the ones that were already well advanced have moved through the pipeline.There doesn't seem to be any reason why smaller applications can't go ahead and the mechanism by which people are informed about them seems to be broken.

Dan Evans ● 2403d

The fact that the system for informing people of planning applications isn't function has to mean that any plan submitted now can't be progressed. It is a legal requirement for residents to be informed for certain types of application so the council can't make a decision until this is done.

Paul Corcoran ● 2403d

Indeed Paul but what 'system' isn't functioning ?.  Every Council I'm dealing with at the moment is still undertaking their statutory consultation requirements and progressing/determining applications regardless of the lockdown (albeit with some inevitable delays) - the biggest issue is in terms of site visits and committee meetings, although the Government has introduced (as part of the emergency legislation relating to coronavirus) measures to allow 'virtual' planning committee meetings to take place (with some Councils being more receptive than others).

Adam Beamish ● 2403d

I was thinking in terms of the notification of affected residents via site notices (which they may not be able to walk past) or the statutory notice in the newspaper which isn't circulating at the moment.

Paul Corcoran ● 2402d

There was a thread recently about newspaper statutory notices, querying the existence of anything locally that could do the job once done by local papers, even before the pandemic. Having said that, I have found LBH good at writing to me advising of any planning applications in my immediate vicinity in case I wanted to comment.

Richard Greenhough ● 2402d

This site used to post planning notices in its weekly newsletter which was a very useful service. It would be a good time for them to start doing this again.

Diane Brown ● 2402d

The planning notices stopped being published in the newsletter a few years ago. They were in the Brentford edition as well. When I asked why I was told that they were produced as part of a central government funded project which was a pilot and there was no funding to extend publication. The Council weren't paying for the notices to appear on an ongoing basis as they weren't in a format that met their obligations to publicise planning applications.No matter how good a council is at publicising notices themselves they still have a legal obligation to put them in a newspaper. It would seem they don't regard this site as being a suitable vehicle despite the lack of printed newspapers at the moment. That may be a central government directive rather than something that is at the council's discretion. It does need looking at but it is likely there are more important things for them to consider right now.

Paul Corcoran ● 2402d

"Firstly Councils can't refuse to accept a planning application due to the current situation, to do so would be unlawful."It wouldn't be unlawful. It has been made very clear that "force majeure" comes into play across the board of every industry. The Councils can legally refuse to entertain any applications at this time and inform applicants to re-apply at a later stage..

Steve Taylor ● 2402d

Interesting concept Steve, but certainly the regulations around the validation of planning applications haven't been amended as part of the Coronavirus Act, so, it would still be contrary to the current regulations for an LPA to refuse to accept an otherwise perfectly valid planning application at the present time.And given such an action could then potentially lead to judicial review, it therefore must carry the potential for the courts to determine such action to be unlawful.As for statutory notification of a planning application, in my view the relevant statutory provisions need to be amended/clarified in terms of the reference to "a newspaper circulating in the locality", although that's unlikely to be a priority anytime soon.

Adam Beamish ● 2402d

"so, it would still be contrary to the current regulations for an LPA to refuse to accept an otherwise perfectly valid planning application at the present time."No, it wouldn't. I have gone into this in great detail as I have been involved in a few  "force majeure" cases in the past. Effectively "force majeure" can circumvent legislative Acts but it could be that one may need or want  to challenge the ""force majeure" declaration in the Courts at a later stage. I would suggest that it would be extremely difficult to convince a Court that life went on reasonably normally during the lockdown and self isolation periods.

Steve Taylor ● 2401d

Aren't we agreeing that that an LPA's failure to validate an otherwise perfectly valid application due to the current situations would be contrary to regulations, and it would be down to the courts to decide whether that action was reasonable or not in terms of the wider context ?.

Adam Beamish ● 2401d

Yes, I take your point. I guess we are, Sir.  I guess there will lots for Kavannah QC to sink his teeth into when this is all over.

Steve Taylor ● 2401d

FWIW in the briefing to Ealing councillors last night the message was that Robert Jenrick (Sec of State) was urging a business as usual approach, which sounds fine but seems to ignore some of the issues already discussed. Ealing cancelled the March Planning Committee but is hoping to try and do a virtual April meeting. The number of applications that make it to the Committee is very very small, but in a general sense it would tend to be the larger applications.

Andrew Steed ● 2401d

How can any application be deemed valid if the council hasn't followed the legal requirement to publicise them to residents?

Paul Corcoran ● 2401d

Two separate issues Paul - for the application to be 'valid' the applicant/agent has to provide sufficient information to tick all the validation requirements (Article 11 of the GDPO).Statutory notification, on the other hand, is a procedural duty of the local authority once the application has been validated, and not in itself anything to do with validation (Article 15 of the GDPO)So an application must still be valid regardless of whether or not the LPA has undertaken its statutory duty to subsequently consult,  but of course the LPA couldn't determine the application without undertaking that statutory duty at some point during the statutory determination period.

Adam Beamish ● 2401d

I am involved in a reasonable number of planning applications at the moment and the LA's are accepting them.I am also involved in public consultation on some of them, and we are just changing from face to face to electronic consultation - all very civilised and all very above board.I don't full understand the wish to shut down the planning pipeline - some of us see it as greedy developers, others see it as the makers of cities and providers of homes?The projects I am working on have been some 10 years or more in the making and the LA's and the teams are all functioning perfectly well at home, so why would the process grind to halt?I don't think there is any sculduggery involved?James

James Holmes-Siedle ● 2400d

James, can you explain what you mean by 'electronic consultation'? My understanding was that the issue at the moment is that the way the public are notified of any plans is usually through an ad in a newspaper and that is a legal requirement. However, there are no newspapers to do this in at the moment, printed ones at least.

Francis Rowe ● 2400d

If you live near a proposed development you normally get a letter from LBOH Planing Services.In the Letter it states you can pass this letter on to anyone you think, may have an interest in this property or maybe affected by the proposed development.Plans are available for inspection at Chiswick Library 020 8583 5551  Details of applications that have been publicised in the local press can be downloaded herehttps://www.hounslow.gov.uk/downloads/20064/planning_decisionsBut it Doesn't say which local papers they have been published in.

Bernard Allen ● 2400d

LBOH use the Hounslow Chronicle, as it is a 'borough wide' newspaper.

Bernard Allen ● 2400d

The Hounslow Chronicle ceased publication a few years ago.

Francis Rowe ● 2399d

Guardian. I have just been reading it on line, they have a Hounslow and Chiswick version

Bernard Allen ● 2399d

Ealing don't do letters to neighbours-they have not for some years, they rely on notices attached to lamp posts.

Andrew Steed ● 2398d

Adam is the expert on this but as I understand it each local authority has to explain how they plan to keep the community informed above and beyond their basic statutory obligations. To do this they produce a Statement of Community Involvement which outlines their approach which then becomes legally binding.The latest one that I could find for them was dated 2011 and, if I recall correctly, this was somewhat controversial because they ditched notifying people of works adjacent to their property in favour of lamppost notices.This process doesn't seem to be working well judging by the problems over the Bedford Park Surgery. The notices are also not being removed in a timely fashion which would tend to make people disregard them. For instance there is a notice at Bedford Corner dating back to last year.There seems to be a view among both council planners and some developers that consulting with the public just encourages NIMBYs and therefore generates unnecessary extra workload. This seems often to have resulted in methods of notifying the public which are designed to give people the smallest chance of being made aware of what is planned for their area.While a lay person might not be an expert in planning law they are the most knowledgeable about the place where they live and the way that the system is supposed to work is by involving them and avoiding developments proceeding that would cause harm to the area. In many case this harm can only be identified in time by residents.There are likely to be changes to planning policy going forward with the government keen to revive the economy by getting the construction sector back on track as quickly as possible. This is a sensible approach but it could go badly wrong if the need for speed in ramping up developments identified consulting with the community as an obstacle. Hurried developments thrown up without the involvement of the people who they will have the greatest impact on are likely to lead to a legacy of blight.Even when lockdown ends the system for consultation used by both Ealing and Hounslow boroughs is not fit for purpose. There needs to be a fundamental change in attitude with the approach being more proactive and seeing residents not being fully aware of plans as a failure not a success. Both Councils have emails, magazines and social media channels through which they could raise awareness of new developments. In Chiswick, they should recognise that the newspapers they put notices in are not distributed effectively across the area and that ChiswickW4.com would be the most effective vehicle for fulfilling their statutory obligation to advertise applications.We are all going to have to accept some profound changes in our lives once this outbreak is over. It is likely to be hard for a lot of people but it will be a degree easier if people are given as much input as possible into decisions that affect them.

Paul Corcoran ● 2397d

'The Hounslow Chronicle ceased publication a few years ago.'It's published as a freebie now - 'Hounslow Borough Chronicle and Informer - most supermarkets carry them.

Vanessa Smith ● 2397d

The only supermarket in Chiswick that carried this paper before the outbreak was the main Sainsbury's in a pile by the Essex Place exit and that was intermittent. Now there are none.

Paul Corcoran ● 2396d

The Chronicle and Informer was originally a newspaper covering Ashford and Staines. Its coverage area was expanded to include Hounslow Borough when the Hounslow Chronicle was closed. It is published by Reach Plc which also is responsible for the Mirror, the Express and the Daily Star as well as a number of regional newspapers throughout the country.Reach has significant financial difficulties at the moment due to decline in revenues in its main newspapers but perhaps more so due to the ever growing bill for phone hacking settlements. It has managed to keep many of its regional titles profitable by hollowing them out and getting rid of most of the journalists working for them. Their purpose is not to provide local news but to allow Reach to hoover up the revenue that comes from publishing public notices.As far as I am aware Reach doesn't actually have anyone covering local news who is actually based in the borough or maybe even in London as a whole. According to my friend who used to work for them The Chronicle and Informer is written and produced in an industrial estate in Watford. Recently I looked at the bio of the reporter who produced an item on a traffic collision that happened locally for their online operation MyLondon and it indicated he was based in Bath!The government has been complicit in allowing this to happen because they are anxious to keep Reach and other big regional publishers onside. As well as the national newspapers they control, they also publish important metropolitan titles like the Birmingham Evening Mail and the Manchester Evening News. They have been happy to see the disappearance of local news reporting in large parts of the country because they fear unfavourable coverage if they act to end what is effectively a huge subsidy to a small number of private companies.A spotlight has been thrown on this tawdry arrangement by the coronavirus crisis as large parts of the country are now blackspots for local news and residents are often forced to rely on social media where official guidelines can often be crowded out by misinformed nonsense making it very difficult to get a consistent message out. Also sites like Facebook, Instagram and Twitter exclude to a high degree the people that it is most important to reach at this point the elderly.Despite the clarity of the problem it doesn't seem likely that the government will act as they remain most concerned with the public perception of what they are doing. The problem that this presents for local authorities is the legal uncertainty of the current situation. The government may be telling them to press on with planning applications but how many of these will be subject to legal challenges if no newspaper was circulating at the time of the consultation period? The government isn't likely to be offering to underwrite legal costs which will therefore be paid for by the Council Tax payers of the borough. Not many of them will take solace in the fact that their money is effectively going to help pay for Piers Morgan's dodgy activities when he was editor of the Daily Mirror.

Felicity Caborn ● 2396d

I checked back on the list for Hounslow borough this week and the number of applications has reduced but there are still plenty being put through.There seem to be a number of opportunistic ones like the application highlighted for Sutton Court Road currently on the front page. The council planners seem to have done their job well on this one but they may start to come under pressure to wave things through if the government is prioritising increasing building activity when lockdown ends. This might be necessary but the process needs to be as transparent as possible. As it stands it is set up to minimise the number of people who get to hear about what is going on.

Dan Evans ● 2395d