Edward joined Rapleys in February 2020. He is a Senior Planner with experience in project managing developments; in particular retail, hotel and mixed-use schemes. Edward principally provides planning consultancy advice for the retail and commercial sector and works across multi-disciplinary teams of consultants through the preparation, submission and negotiation of planning applications.

Edward’s role also involves undertaking planning appraisals, providing sequential (retail and leisure) and retail impact analysis, and providing strategic advice in bringing forward new development opportunities. Edward is currently working to deliver Lidl’s expansion programme across the UK, by providing effective strategic advice during site acquisition and development planning stages.

As published in Property Week on the 12 November

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The Environment Bill, which was introduced to parliament last October, sets out measures for improving air quality, transforming waste management and protecting water resources. If it becomes law, it will have a big impact on developers, but the bill’s progress has encountered several delays, making it difficult to plan ahead. 

Sarah Smith, Town Planning Partner at Rapleys discusses the implications of the delays.

“The Environment Bill was drafted ahead of the UK’s exit from the EU. “Some 80% of the UK’s environmental legislation has been shaped by the EU over the last 30 years”

“As a response to Brexit, the Environment Bill is intended to set out a new environmental framework,” she says, adding that much of this is additional, as “many of the EU’s environmental protections have been transposed into UK law already”.

Read the article in full here.

As mentioned in a recent update the Government has introduced Regulations to amend the Use Classes Order and scope of Permitted Development. These provide opportunities to repurpose existing residential, commercial and retail assets without the need to obtain planning permission, providing greater flexibility in the face of uncertain and fluctuating market conditions.

Since the update was issued a claim for a Judicial Review has been submitted to the High Court on behalf of the campaign group Rights : Community : Action. The claim argues that the Regulations are unlawful and requests that they are quashed. A hearing is scheduled to take place on 14 and 15 October 2020.

The timing of the hearing is problematic as the Regulations came into force on 1 September 2020 and can be legitimately be utilised for their intended purposes (e.g. changing the use of a building, erecting an upward extension etc). However, should the claim be successful, and the Regulations quashed, it is possible that any changes of use or works undertaken since 1 September 2020 could be deemed unauthorised and require retrospective planning permission (which may or may not be granted). Therefore, until the claim is resolved, it is crucial that this risk is factored in when making decisions on whether to proceed with any changes of use or works which rely on the provisions of the new Regulations.

For advice on the new Regulations and the potential impacts of the Judicial Review please contact Tony Clements or Daniel Sharp.

Yesterday, the Prime Minister announced measures that are promoted as “the most radical reforms to our planning system since the Second World War, making it easier to build better homes where people want to live”.

Much of the announcement anticipates further reform of the permitted development regime, to allow the following without the need for planning permission:
• The change of use of retail floorspace to other town centre uses;
• The expansion of the types of commercial premises that can be converted to residential;
• The redevelopment of “vacant and redundant” sites, provided they are developed for housing, and
• Upward extensions—coming hot on the heels of last week’s proposed changes to the permitted development regime (which included the ability, under certain circumstances, to build new homes on top of existing blocks of flats).

Although many developers and landowners would support the above initiatives, those watching closely will recall that very similar measures were subject to consultation, by the Government, over a year and a half ago.

Also announced was the commitment to a cross-government strategy to improve the use of public land, alongside reiteration of spending commitments.

We can expect further detail relative to the above in next month’s planning policy paper, which it is said will introduce “comprehensive reform of England’s seven-decade old planning system, to introduce a new approach that works better for our modern economy and society”. Following this will be a “Local Recovery White Paper”, which will, amongst other matters, introduce wider deregulation. Therefore, there will evidently be a few more hurdles to come before all of the reforms come into force.

As ever, Rapleys will continue to keep a close eye on the Government’s planning reform initiatives, and continue to issue regular updates once announcements are made. In the interim, if you have any questions following the Government announcements, please contact Jason Lowes, Town Planning at Rapleys or any other member of our nationwide team.

Planning updates are coming thick and fast this Summer. Following the Government’s announcements on Monday, the associated Business and Planning Bill has received its first reading in Parliament. This includes the further legislation required to enact the following interventions to support the development industry:

  • ‘Automatic’ extensions to time-limits for implementation of planning permissions, where these would have expired during the lockdown period;
  • ‘Fast-tracking’ requests for changes to construction working hours; and
  • Greater flexibility for planning appeal proceedings.

The Bill also includes a series of changes to licensing laws to ease rules for consuming food and drink outdoors.

The ‘automatic’ extensions will come into force 28 days after the Act is passed, the construction site working hours proposal will come into force six days after the Act is passed, while the appeal procedure flexibility would be implemented as soon as the legislation is passed.

Most notably, the detail on the ‘automatic’ extensions confirms the following:

  • Planning permissions with expiry dates ranging from 28 days after the date on which the Bill is enacted to 30 December 2020 will benefit from an automatic time limit extension up to, but not beyond, 1 April 2021.
  • Planning permissions that have already expired during the lockdown period (i.e. between 23 March and any day up to 28 days after the Bill is enacted) will be required to secure ‘additional environmental approval’ from the relevant local authority, who will have 28 days to respond to any request for such approval, with deemed approval being the default position if no response is received in that timescale. The additional approval process, in short, requires that the LPA is satisfied that environmental impact assessment and/or habitats assessment information is up to date.
  • The extension provisions will also apply in a similar manner to outline permissions, where there are deadlines for submission of reserved matters or the commencement of works, which have expired, or are due to expire, in the above period (23 March – 31 December 2020).
  • Listed building consents with ‘expiry’ dates from 23 March, up until 31 December 2020, will benefit from automatic renewal until 1 April 2021.

The Bill is due to be ‘fast-tracked’ through all stages of Parliamentary approval in the coming days. It will be advisable to document any extension in writing, with the relevant authority, to avoid any future uncertainty.

In other Planning news, changes to Permitted Development (PD) rights have also been announced, which come into force from 1 August. These will allow existing blocks of flats to be extended upwards by two storeys to create new homes without the need for planning permission. The new right is restricted to buildings of three storeys or more and the extended building must not be more than 30 metres in height. The right only applies to buildings built after 1 July 1948 and before 5 March 2018. Prior approval will be required, which will consider transport and highways impacts; air traffic and defence asset impacts; contamination and flooding risks. In addition, Councils can consider external appearance; daylight; impact on neighbouring amenity and protected views.

Further reforms of the planning system are expected over the Summer, including a new PD right to allow the demolition of existing commercial premises and replacement with new build homes. This is seen as a response to the rapidly changing nature of demand for office and retail space, in particular in town and city centres, as a result of Covid-19.

We will provide regular updates on what is currently a fast changing planning system. In the meantime please get in touch with Neil Jones or any member of our national planning team for further advice.

 

 

 

As the government takes the first tentative steps to bring us all out of lockdown, measures to make it easier for the housing market and planning system to operate have been included in a raft of announcements made over the last 48 hours. These measures, when followed safely, can only be welcomed by everyone in the industry. They will further mitigate the impact of current events on the housing market and planning system, over and above the extensive efforts already being made at a national and local level to, as far as possible, keep local plans and planning applications moving.

Restarting the Housing Market

Housing Secretary Robert Jenrick has announced a series of measures to allow buyers and renters to complete purchases and view properties in person, while estate agents, conveyancers and removals firms can return to work while following social distancing guidelines. In addition, and as well as reiterating planning related guidance released shortly before the speech (see below), measures were announced to allow builders to agree more flexible site working hours with the local authority to assist social distancing, not least to ease pressure on public transport.

New Central Government Guidance

The government has released further guidance about how the planning system should continue to adapt to the ongoing situation, this includes:

  • CIL: Amendments to the current CIL regulations will be introduced to help address cashflow issues for small and medium-sized developers with an annual turnover of less than £45 million. The amendments will enable charging authorities to defer payments, to temporarily disapply late payment interest and provide a discretion to return interest already charged.
  • Publicity and Consultation for Planning Applications: New regulations come into force today (Thursday 14 May) which supplement the existing statutory publicity arrangements for planning applications, listed building consent applications and environmental statements. The regulations extend the minimum time period given to residents to make representations and remove the requirement for physical hard copies of certain documents (e.g. environmental statements) to be available for inspection.
  • Local Plans: MHCLG are looking at temporarily relaxing requirements on community engagement and the need for physical documents. They are also engaging with the Planning Inspectorate on the use of virtual hearings and written submissions.

Significantly, the guidance includes confirmation that there will be no amendments to application time limits, with the rights of applicants to appeal against non-determination remaining unchanged.

Other news

The Planning Inspectorate has updated its guidance in relation to Covid-19, confirming that:

  • Inspector site visits will now resume, breaking a significant logjam in the process.
  • The first digital appeal hearing was deemed a success, and the Inspectorate is planning 20 examinations, hearings and inquiries in May and June. A major step towards Robert Jenrick’s request that the Inspectorate “make all hearings virtual within weeks”.
  • A variety of methods need to be used when prosecuting these virtual events, reflecting the fact that the public have differing levels of access to digital technology.

As we have confirmed in previous newsletters, many in the planning industry have been struck by the great efforts that have been taken to keep the planning system moving through what are unprecedented events. It is hoped these further measures will build on that, and it is very likely that some of the reforms that are being brought in now will stick long after the current situation has passed.

If you would like to discuss the above further, please get in touch with Dan Sharp or a member of Rapleys nationwide team.

Will joined Rapleys in 2018 as a partner in the Affordable Housing/Viability team. He joined from GL Hearn where he worked for over 8 years in the Affordable Housing and Viability team.

Will specialises in providing development valuation advice for residential and mixed-use sites, with a particular emphasis on the valuation of affordable housing and development viability. He has provided valuation advice to many large developing Registered Providers including Clarion, L&Q, TVHA and Home Group.

He also acts on behalf of private developers in connection with viability negotiations with local authorities in order to assess the appropriate level of affordable housing. Following completion of s.106 agreements, Will acts in an agency role for developers to secure a Registered Provider. He also provides agency advice to Registered Providers for acquisition purposes.

Will is able to offer clients strategic valuation advice in connection with the redevelopment of their sites, including appropriate affordable housing strategies in order to maximise both land and resale values.

 

As published in Planning Resource on 30 April 2020.

The secretary of state last week allowed two appeals totalling more than 800 homes on green belt sites. Commentators suggest that the decisions indicate the weight that ministers place on schemes’ potential contribution to meeting housing need when considering whether they demonstrate the “very special circumstances” required for green belt permission.

Generations of young planners have passed through the doors of Oxford Brookes University’s Wheatley campus. It is fitting therefore that the site, located 3.5km outside of Oxford, should have been the site of a potentially significant planning decision.

In the second of two important decisions on green belt sites, both issued last week, housing secretary of state Robert Jenrick granted the university permission to redevelop the campus and turn it into 500 homes. Just a couple of days earlier, Jenrick had approved plans for 325 homes and a special needs school in the Greater Manchester green belt in Stockport.

However in both appeals, the most important factor was meeting housing need. Claire Dutch, partner and co-head of planning and environment at law firm Ashurst, said the Stockport decision “swung” on the issue of housing need. Similarly, housing was the key factor in the Oxford Brookes decision, said Jason Lowes, town planning partner at Rapleys. “Even though there was a five-year supply, the fact that there was such a shortage of affordable housing was given strong weight.” While meeting housing need in itself is not usually deemed very special circumstances by councils, said Lowes, it formed a large part of the secretary of state’s thinking in both of these decisions.

Lowes believed that while housing need was probably given sufficient weight in the Oxford Brookes decision to justify consent, other factors were deemed to be important too, such as the benefit of getting rid of the campus’s tower that looms over the surrounding countryside. Burden agreed, adding: “It’s not saying that residential sites in the green belt are up for grabs – you have to look at the special circumstances of the site and the planning constraints.

To read the article in full please click here.

Gateway 14 Ltd, advised by its development manager Jaynic, has appointed property consultants Avison Young and Rapleys to market the 156-acre mixed-use and logistics scheme at Junction 50 of the A14 at Stowmarket, Suffolk. Jaynic was appointed as development manager earlier this month.

Strategic real estate advisor Avison Young has been appointed to market the overall scheme both in the UK and internationally and Rapleys has been appointed to investigate the roadside potential of the site given its immediate proximity to the A14. A further marketing agency appointment will be made in the near future with local and regional expertise to identify occupier demand in East Anglia.

Sir Christopher Haworth, chairman of Gateway 14, said: “We are moving ahead rapidly with Gateway 14 and realising our vision of delivering a multi-million pound boost for the wider economic area of Mid Suffolk. We are delighted to have Avison Young and Rapleys on board alongside Jaynic to deliver this very exciting scheme.”

Ben Oughton, development director of Jaynic, said: “This is a key site for Stowmarket, and East Anglia as a whole and with the help of Jaynic and the agents we are seeking to attract a mix of occupiers providing a range of employment opportunities that could create thousands of jobs for the town.”

John Allan, Director, National Industrial & Distribution at Avison Young, said: “We are delighted to have been appointed as lead marketing agent on this strategically important scheme for Suffolk.”

Alfred Bartlett, Head of Retail & Leisure Group at Rapleys LLP, said: “We are delighted to have been instructed to advise on this strategically located and highly prominent opportunity, and look forward to working with Jaynic to bring the development forward. Our appointment at such an early stage in the master planning of the scheme allows us to influence the layout, mix make up of occupier to reflect the market and more importantly adapt to specific operators’ requirements. We would encourage interested parties to make contact to discuss how they might be accommodated at Gateway 14.”

Gateway 14 Ltd, is a wholly owned subsidiary of Mid Suffolk District Council and has just appointed Jaynic as the development manager for the scheme. This will provide up to 2.3 million sq ft of business, logistics and commercial accommodation over the next 10-15 years, with the first buildings being available in 2021/2. A planning application will be submitted by the end of 2020, to enable a phased development on the 156-acre site.

The masterplan layout is still being developed, however the site could accommodate logistics buildings up to 1,000,000 sq ft, with roadside uses alongside the A14 frontage, and headquarters office/R&D campus style buildings.

The site can support the growth of creative and technology businesses, a sector which is already important to Mid Suffolk, while also maximising opportunities for inward investment and job creation.

The A14 corridor is one of the principal trunk routes for UK logistics offering access from the Port of Felixstowe into the heart of the UK and it is also a primary route for export to European and world markets. The site is 26 miles from the Port of Felixstowe, 12.5 miles to Ipswich and the A12, and 45 miles to M11 and links to Cambridge.

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Website: https://gateway14.com/
Agents contact details: John Allan – Avison Young John.Allan@avisonyoung.com
Alfred Bartlett – Rapleys – Alfred.Bartlett@rapleys.com

Matthew joined Rapleys in July 2018 and holds the position of Senior Surveyor in the Retail & Leisure Group. Prior to joining Rapleys he predominately worked in the retail sector, advising client’s on Shopping Centre and High Street disposals. Other duties in his previous role consisted of disposal work for a number of national Banks.

Matthew advises clients on the disposal of development sites and in town schemes. He currently acts for Co-Operative and Rutland Cycles, amongst others on the acquisition side.

Charles joined Rapleys in January 2018 having come from a national firm focusing on the sale and acquisitions of land throughout the UK.

During his previous role Charles has had experience in strategic land searches, disposals, acquisitions, development appraisals and site searching.

Recent weeks have seen massive uncertainty across near enough all business sectors, nowhere more so than in the Retail & Leisure sector. An issue that has been well publicised throughout the press is tenant’s obligations on their lease – with many seeking breaks and rent reductions/holidays as the impact of Covid-19, and particularly the ongoing lockdown, on property assets has become apparent. Some common Questions & Answers below.

Can a tenant adversely affected by Coronavirus terminate their lease?
Essentially the answer is no – the only likely exception in this case would be if their lease contained a rolling break clause. Commercial leases generally don’t contain force majeure clauses.

Can a tenant withdraw from an exchanged Agreement for Lease?
This will depend on the provisions and clauses within the Agreement for Lease (AFL). We will likely see Coronavirus Clauses becoming more common within legal documents. Standard force majeure clauses usually refer to events such as terrorist attacks, wars, acts of God and do not apply here.

A possible reason for a tenant to withdraw would be on a conditional AFL, with the landlord unable to satisfy certain conditions – for instance delay to Practical Completion (PC) due to issues resulting from Covid-19.

Can a tenant withhold rent or pay a reduced amount due to the financial implications of Covid-19?

The simple answer is no, the tenant is not automatically entitled to such benefits. Rent suspension provisions (common in most leases) don’t apply here as they relate to damage to the premises by insured/uninsured risks. However, Landlords are encouraged to be sympathetic during this time.

Covid-19 may lead to CVA’s for tenants, which involves negotiation with all of their creditors, including landlords. A rent holiday can mean a number of outcomes and the tenant is unlikely to be fully released from their payment obligation. It is more likely that a negotiations will result in a deferral/repayment programme. It is advised that these are documented by a solicitor.

Does a tenant have to continue paying Business Rates?
Under a lease the tenant is usually responsible for Business Rates. There have been government initiatives and concessions to assist them, particularly in Retail & Leisure. During a lease, Business Rates are an arrangement between the tenant and Local Authority, not the landlord.

Whose responsibility is it to manage the virus within a let premise?
The tenant as they will have a covenant within their lease to comply with all acts of parliament, by-laws and regulations; including health and safety of all customers employees and visitors. However, it should be noted of the difference between leases of whole and leases of part. It can get more complicated when common parts are a factor – e.g. within multi-let office buildings and shopping centres.

How are tenants with a Keep Open covenant being affected?
Whilst many leases in the retail sector contain these Keep Open clauses (e.g. shopping centres or with anchor tenants), in ‘normal’ circumstances these are not usually enforced. Courts are typically reluctant to implement Keep Open clauses and you would expect implementation to be even less likely in the current climate.

Are there any risks to landlords here?
Potentially. In theory, the tenant could make a case that the recent closures mean that the landlord would be liable for damages under a lease under derogation from grant – e.g. breach of quiet enjoyment of the premises or loss of profits. Again, if such claims are brought forward, you would imagine the courts would be reluctant to award damages in this climate.

Summary
As is often the case with landlord and tenant relationships, it is a question of who bears the loss? Whilst a lot of press has been about landlords being sympathetic to tenants, they rely on their rental income for many reasons – to pay borrowings, loans, staff etc. Some landlords can have as much to be concerned about as tenants and a collaborative approach is likely to be key here. It is going to be crucial to look at negotiation rather than litigation between landlords and tenants.

To discuss commercial leases and any other queries arising as a result of the current situation, please contact Will Primrose or James Clark in the Retail & Leisure Team at Rapleys.

Jason Mound leads the Land Development Project Management service offering having started with Rapleys in July 2018. Jason previously worked with national regeneration specialist St Modwen Properties plc and since led Atkins Land Development consultancy, also having worked previously in design and build contracting.

Jason offers clients land development management services through the full spectrum of development including due diligence, acquisition, planning, delivery and estate management phases helping optimise land assets. Jason’s key experience is in infrastructure planning and delivery, managing multi-disciplinary design teams and helping clients to de-risk their land assets, thus enabling land for development whether through sale of serviced land parcels or joint ventures with housing partners.

This service, coupled with Rapleys strategic land and planning consultancy, offers clients a unique insight in bringing forward land for development. Jason is currently supporting master developers and land owners on strategic land developments across the UK including Millbrook Park in Mill Hill and Canford Park in Poole.

Godwin Developments have purchased a former Pizza Hut site on Baths Road, Longton, Stoke-on-Trent, close to the town centre.

Jonathan Jones, Retail & Leisure surveyor here at Rapleys said: ‘I am delighted to have identified and acquired this prominent site on behalf of Godwin which has clear potential for drive-thru /quick service restaurants uses. Early conversations have indicated there is strong demand for out of town location and as such I am looking forward to promoting the site when it goes live!’

Stuart Pratt, group development director at Godwin, said ‘I am pleased with the speed in which we have completed this site purchase.’

The full press release from Godwin Group can also be viewed at Insider Media Limited and Commercial News.

 

Steve joined Rapleys in 2017 as a partner and heads up the strategic land division. He joined from Avant Homes where he held the position of Head of Strategic Land for the Midlands and Yorkshire Region. He has also previously worked for national house builders and affordable housing providers in a strategic land and development capacity. Steve’s experience further extends to the executive team of the North Northants Development Company (regional Government Agency), where he focused on delivering capital projects and assisting developers in realising housing sites constrained by infrastructure requirements. Thus, he has valuable experience of both the private and public sector sides of the fence.

Steve’s expertises lie in strategic site identification and acquisition via option, followed by the project management of sites through the development process to planning. Steve negotiates directly with landowners, gaining their trust and in return receiving favourable terms on deals for his clients. In his last year with Avant he secured strategic sites for 1,500 new homes ranging from two 100 unit sites in the Leeds suburbs now allocated for housing in the City Part 2 site allocations Local Plan, to a site for 600 units in Nottinghamshire where a 3.3 years supply of housing land meant that an early planning application was prepared. As part of the promotion process, he has worked with Neighbourhood Plan Teams and community groups to bring value from land controlled by developers.

Steve can offer clients strategic land advice on controlled sites as well as assistance in identifying and securing new opportunities in their preferred locations, followed by project management of acquired sites. Steve has experience of putting together technical promotion teams, managing budgets and minimising development spend via careful cost management, infrastructure viability and S106 negotiation.

Alfred joined Rapleys in May 2016 to establish and head the practice’s Birmingham office and national retail & leisure development team. With the acquisition of Bartlett Property, Rapleys now has in Alfred, over 25 years experience in the retail, roadside and trade park sectors having advised clients on the development, investment and asset enhancement of their holdings.

Alfred advises retailers, restauranteurs and developers on the transaction and development of out of centre and neighbourhood schemes. He currently acts for Burger King, Co-op and Topps Tiles, amongst others, on the occupational side, and for major developers and funds in sourcing and developing sites on a national basis. Alfred’s department is currently advising on retail park developments in Dudley, Durham & Stourbridge and on local centre retail schemes in Moseley, Northampton and Coventry.

Alfred is able to bring a clear and innovative approach to clients’ instructions. His board level operational experience means he is able to quickly understand the client’s objective and the need to return value.

 

 

 

Rapleys’ property and planning consultancy continues to show the ongoing growth of its business by announcing this week that the Cambridge team will relocate to larger premises, and therefore increase their profile, just nine months after opening in the city.

Remaining in the CB1 business district was of upmost importance to Rapleys and its new and existing client base. The practice has taken a private office at 50-60 Station Road; a modern, high quality environment, next to the station.

The new office will house, amongst other teams, the practices’ Town Planning, Development, Building Consultancy, Business Space and Automotive & Roadside departments.

Stuart Harris, Head of Cambridge Office comments: “Whilst Rapleys’ arrival in Cambridge was far from any ‘cold start’ with our long standing presence in the county, we have been delighted by the traction gained in our opening months in the city. This has necessitated a fairly rapid expansion of both the size and quality of space available to us.”

Robert Clarke, Senior Partner, adds: “I am very pleased with the new office at Station Road and look forward to welcoming our clients to the innovative space. Our move is a direct response to client needs. We are excited by the future prospects in Cambridge and the wider region.”


Full contact details for the Rapleys Cambridge office:

50/60 Station Road, Cambridge CB1 2FB
0370 777 6292 |  info@rapleys.com


Featured in Commercial News.

 

Nick joined Rapleys in early 2015 as a partner in the special projects & development team after ten years at Strettons Chartered Surveyors, where he was responsible for the development consultancy team from 2012 onwards.

Nick specialises in providing detailed development valuation advice for residential and mixed-use sites, with a particular emphasis on the valuation of affordable housing and development viability. He has provided advice to developers in both the public and private sectors and was previously on the valuation panel for the majority of the G15 Housing Associations within Greater London.

In his former role, Nick was jointly responsible for successfully tendering to provide detailed valuation advice to Triathlon Homes in relation to the phased release of their 704 affordable rent, shared ownership and shared equity units within East Village (former Olympic Athlete’s Village). He has also provided detailed valuation advice on other major residential led regeneration schemes in London, a number of which have been for developments in excess of 500 homes.

He has acted on behalf of private developers in connection with viability negotiations with local authorities in order to assess the appropriate level of affordable housing. Following completion of s.106 agreements, he has acted on behalf of both private developers and Registered Providers in connection with the valuation, acquisition and disposal of ‘Package Price’ s.106 affordable housing contributions.

He has acted on behalf of land owners and developers in the acquisition and sale of development sites within London & the Home Counties.

Nick is able to offer clients strategic valuation advice in connection with the redevelopment of their sites, including appropriate affordable housing strategies in order to maximise both land and resale values.

 

Adam is a general practice surveyor who joined Rapleys as a partner in September 2015. Adam runs a new department acting for clients in the charity sector.

His particular area of expertise lies in advising church clients on transactional work, lease advisory matters, valuations, development consulting and most areas of general practice.

Adam has vast experience advising churches on funding the replacement of existing, outdated church accommodation through residential development of part of a site. This usually entails an early involvement with regard to the feasibility and financial viability of sites, through to assistance in the disposal of the residential element paying for the new church accommodation.

Adam acts on behalf of a number of Diocese’s of the Church of England, the Thames North Synod of the United Reformed Church, Baptist Union and London Baptist Property Board as well as numerous individual churches.

‘Lookers car dealership boasts flat above – a one-off or a new mixed-use template, asks Nick Hughes’ – Property Week.

‘Standing three storeys tall beneath a block of modern apartments, Lookers in Battersea, south London, is not your average car dealership – on two counts. Not only is it the largest Volkswagen showroom in Europe, it is also part of what is thought to be the first UK mixed-use scheme to include a dealership.

The development has been the best part of a decade in the making and involves three key players: Lookers, developer Linden Homes and agent Rapleys, which brought the other two parties together.’

Angus Irvine, Head of Development Services, brought Lookers and Linden Homes together to achieve a balanced and innovative scheme in this desirable London postcode. Stretching back for several decades a dealership has occupied this site but Lookers Chief Executive, Andy Bruce, could see the dealership ‘being dwarfed by the rise of surrounding developments’ over the last few years. With no intention to sell the freehold of their site they turned to Rapleys to unlock the value in the land and in this area, the value was in upward development.

The result was a tower development scheme with 173 apartments and ‘a full-blown dealership with servicing. That’s why this is unique’ says Angus. To overcome the challenges the multi discipline Rapleys team, led by Angus, brought together experts from across the firm’s DevelopmentPlanningInvestment and Building Consultancy practices to work with Lookers to maximise the significant land value of the site.

For the full article follow this link to Property Week or for direct advice on how Rapleys can help unlock the land potential on your site speak to Angus Irvine.

 

Rapleys’ Charities/Non-Profit team continue to be very active in the market and are delighted to share some of our available properties:

 

   

 

A full list is available here.

Apart from our usual consultancy of building and property matters, including landlord and tenant and building surveys, we are also currently engaged in a number of exciting development projects which can be found on the download link. For a no obligation initial meeting to discuss any of your property requirements contact Graham Smith or Adam Harvey

 

We are also delighted to be attending and sponsoring the networking reception again at this years Charity Property Conference. To find out more about this event and to secure your space please follow this link. We look forward to seeing you there!

 

 

Rapleys are pleased to confirm a number of promotions across the business this month:

Senior Associate

Guy Davies – Building Consultancy Group, London
Rebecca Harper – Investment, London

Associate

Josie Hayes – Building Consultancy Group, Birmingham
Chloe Ballantine – Town Planning, London

Senior Planner

Conor Healy – Town Planning, London

Senior Surveyor

Charles Alexander – Development Services Group, London

Robert Clarke, Senior Partner, adds: ‘It is a great pleasure to announce these promotions. They are well-deserved. I look forward to their ongoing contribution to the business and, more particularly, our valued client base.’

 

As featured in various publications. CoStar – click here.Commercial News – click here.

Jonny’s role is to advise pension funds, financial institutions, property companies and private individuals on the sale, purchase and funding of income producing UK commercial property.

Although the majority of work is transactional, Jonny’s role is to advise UK and overseas clients on their property portfolios. Advice typically constitutes guiding property values, highlighting asset management potential and analysing properties for purchase and exit strategies.

Clients include: AXA Real Estate Investment Managers, Palmer Capital Partners, RREEF (now Deutsche Asset & Wealth Management), Threadneedle Property Investments,TH Real Estate, Moorfield Group, Palace Capital plc, CCLA Investment Management, Siemens Real Estate, Wm Morrison plc, Central England Co-Op, Disney Inc, Malthurst Group, Mercedes Benz, Sytner Group, Lookers plc, Johnston Press plc, Milton Keynes Parks Trust, John Lewis Partnership, Pendragon plc, Bolling Investments, Marshall Motor Group, Musgrave Retail Partners (now Tesco), C2 Capital, Private Investors and Chubb Common Investment Fund (in-house fund).

Jonny specialises in working with private equity groups, property companies and HNWI’s on value added deals which typically involve repositioning of assets by active asset management, refurbishment and redevelopment angles. Experience also extends to large mixed-use developments, especially where anchored by PRS.

Jonny joined Rapleys in 2006 and became an associate in 2010. He was promoted to partner in 2015. Thus far, Jonny has acted on in excess of £1bn of transactions.

 

 

Jamie joined Rapleys’ development consultancy team in April 2016 as a graduate surveyor from Oxford Brookes University where he studied Planning and Property Development. He now sits in the affordable housing & viability team in the London office where he assists landowners, developers and housing associations.

Jamie provides development valuation advice for residential, mixed use and ‘build to rent’ schemes on both small scale developments and larger urban extensions. His work is generally focused in the south east of England but he has worked on sites in Newcastle and York. Jamie works on detailed development appraisals to assess scheme viability and deliverability while providing affordable housing strategy advice. He also provides agency advice in relation to disposal of development sites and S106 ‘package deals’. Jamie’s client base consists of a range of landowners, residential developers and housing associations.

Jamie became accredited into the Royal Institute of Chartered Surveyors in November 2019, and his interests outside of work include cricket, rugby and exploring the highlands of Scotland.

 

Commercial property and planning consultancy Rapleys has advised Lookers PLC on the development of its new £10m dealership located on York Road, Battersea.

The 90,000 sq ft Volskwagen dealership forms part of a multi-million pound mixed-use joint venture between Lookers and Linden Homes. The state of the art dealership comprises the first three floors of the development, including significant amenity and customer experience space as well as a state-of-the-art automotive services department.

The multi discipline Rapleys team, led by partner Angus Irvine, brought together experts from across the firm’s Development, Planning, Investment and Building Consultancy practices to work with Lookers to maximise the significant land value of the site.

Principally this included a full planning and feasibility study, resulting in the unlocking of air rights to facilitate a multi-storey, mixed-use development comprising both the car dealership and a residential scheme. Rapleys identified and secured Linden Homes as the joint venture partner for the project, subsequently securing planning permission for the full commercial and residential scheme, to include 174 one, two and three-bedroom apartments, both private and affordable, across the fifteen storey, four tower development.

Rapleys also advised Lookers on relocating the existing dealership to an alternative site while works were being undertaken, to minimise any disruption to the day-to-day business.

Angus Irvine, Partner and head of Development, commented: “As competition for land, particularly in urban conurbations, increases, it is critical that investors and developers have a creative approach to maximising the value of their assets. Frequently this means changing or expanding uses and more often than not, building up rather than out. Lookers’ new dealership is a terrific example of this; maintaining and enhancing commercial operations while delivering much needed private and affordable housing in the heart of London courtesy of JV partner Linden Homes.”

Graham joined Rapleys in 2015 and has progressed to be a partner. He shares the leadership of the charities sector within development services. Graham brings together his general practice surveying experience with his skill of working with clients and groups from all backgrounds.

His professional services experience has included real estate consultancy, residential and commercial development appraisal, and investment advice for private clients and charities.

Graham has a broad spread of project management and valuation experience that has been based in London and the home counties, Cambridge and East Anglia.

He leads the professional services valuations team who undertake;

  • Valuations of commercial properties;
    – Office, retail, industrial
    – Investment/owner-occupied
    – Portfolio valuations
  • Valuation for;
    – Secured borrowing
    – Accounting purposes
    – Probate
  • Residential development appraisals
  • Monitoring and interim valuations during construction

Property and planning consultancy Rapleys announces the launch of a new office in Cambridge. The new office is Rapleys’ second in Cambridgeshire, with the firm being founded in Huntingdon and maintaining a strong presence and heritage in region since 1951.

The Cambridge office consists of both professional advisory and transactional teams from across Rapleys’ service lines, delivering a joined-up, multi-disciplinary offering to clients in the region. Each team consists of professionals who live and work in the city, with strong established relationships across Cambridge’s range of complementary consultancy services.

Stuart Harris has been appointed Head of the Cambridge office, and joins Rapleys with more than 30 years’ experience working in the industry and region, including roles with Strutt & Parker and Carter Jonas.

Stuart, alongside the existing partnership, will be responsible for promoting and coordinating the delivery of the firm’s core property consultancy and town planning services in the city, including: Town Planning, Building Consultancy, Development, Affordable Housing & Viability, Commercial Agency, Landlord & Tenant and Investment.

Robert Clarke, Senior Partner at Rapleys, commented: “Our new Cambridge office, alongside the appointment of Stuart, represents a key further stage in Rapleys’ evolution, which builds on our long-established heritage, presence and reputation in the region going back to the founding of the firm in Huntingdon in 1951. We saw a real opportunity in Cambridge, which is undergoing substantial growth, and a market opening where we can bring in services – such as Affordable Housing and Viability, Strategic Land, Building Consultancy and Town Planning – which are currently underrepresented in the region or are subject to increasing demand. At the same time, our expanded footprint and capacity in the region further complements our national expansion programme – providing clients access to partner-led teams with both local expertise and UK-wide reach.”

Stuart Harris, Head of the Cambridge Office at Rapleys, added: “Principally I am delighted to join Rapleys at this exciting juncture. There are significant opportunities in Cambridge, which is rapidly increasing in commercial importance and is one of the fastest growing cities in the UK. This looks set to continue – not least driven by the wider strategic plan for the region including the Cambridge-Oxford arc and expressway – and we are seeing an increasing demand particularly for planning and consulting services from businesses seeking to capitalise on this growth. I look forward to working with the wider Rapleys team to help clients seize these opportunities.”

Rapleys’ Cambridge team can be contacted at 20 Station Road, Cambridge CB1 2JD / 0370 777 6292.

Chris is a chartered surveyor and a member of the Compulsory Purchase Association. He has over 35 years experience in the property market, including more than 30 years dealing with commercial property in a railway environment.

Until 2006, Chris was Network Rail’s Commercial Property Manager (London North Eastern) and has maintained strong contacts with all parts of the railway industry. He has a sound understanding of the complex regulatory constraints that the industry operates under.

Chris also has a detailed understanding of property development in and around the railway. He has had extensive involvement in major railway development projects, station retailing as well as large compulsory purchase schemes having previously advised the Thameslink and Crossrail projects, amongst others. In this time, he also managed large property projects which interfaced between Network Rail and London Underground infrastructure and has good contacts with both organisations.

From 2006, Chris was a director of Shaw Corporation, a niche property development firm focussing on identifying, facilitating and delivering complicated urban development projects in London, and was a consultant with Masons Property Advisers dealing with railway related development, disposal and other estate matters, before joining Rapleys as a development consultant.

A new Burger King which has opened at Godwin Developments’ Brampton Hut Services on the A14 near Huntingdon has already created 14 new jobs with the team expected to grow to 25 during peak trading.

Now the focus is on two further turnkey units to let on the site which will create even more jobs at the busy A1 and A14 routes.

Jason Doe, area manager at EuroGarages, who are the lead tenant on site, said: “Brampton Hut Burger King represents a fantastic opportunity for a progressive, forward thinking and rapidly expanding organisation such as the EuroGarages to bring a high-profile quick service offering to what promises to be one of the foremost roadside services currently under development in the UK.

“We very much look forward to growing our team and customer base both here and further afield.”

Letting agents were Rapleys who specialise in the retail, leisure and roadside markets.

Jonathan Jones, surveyor at Rapleys said: “Rapleys are delighted to have acted on behalf of the Godwin Group in the letting to EuroGarages trading as Burger King at Brampton Hut Services.

“The excellent traffic of the A1 and A14 combined with the critical mass of food and beverage occupiers has established Brampton Hut Services as a strong ‘Food to Go’ destination and as such Burger King will undoubtedly trade well here.

“There are now only two turnkey units available to let, one of which benefits from a drive-thru lane, and leasing enquires in the roadside market are encouraged for this rarely available opportunity,” he said.

Ketan Patel, development manager at Godwin Developments, said: “This site now offers a Greggs, Subway, Starbucks and Burger King with close amenities to a large BP Connect filling station and truck park, with a Brewers Fayre restaurant, Premier Inn Hotel close by.

“It is clearly a magnet for motorists looking to take a break and top up at this busy A14 and A1 interchange, and so the remaining two units to let provide an excellent opportunity for food outlets that are complementary to the existing local provision and add value and consumer choice.”

Godwin Development update – click here. 

Alun is responsible for a wide range of development related issues, including urban regeneration projects, site disposals, site acquisitions for property developers, development audits/appraisals and agency advice. He has considerable experience in setting up joint ventures.

Alun has extensive knowledge across all sectors of the market including residential disposals and acquisitions, food and non-food retail schemes, industrial and office developments and in particular has been involved in a number of major mixed-use developments.

Alun joined Rapleys in 1997 and was elected a partner in the development team in 2000. Prior to this he worked at Railtrack Property and the British Rail Property Board.

 

Angus has over 20 years experience and heads up the development team. He has a wide range of development experience including mixed use developments, disposals and acquisitions, development audits/appraisals and providing agency advice. He also has considerable experience in development management, taking projects through the development process from inception to delivery.

Angus is active in a number of sectors including residential, retail, industrial, office and mixed use developments. Angus joined Rapleys in 2004 having previously worked as Head of Development Sales in the South of England for Network Rail, where he was responsible for disposing of Network Rail surplus land assets and promoting and delivering major station developments.

 

We have restructured our retail and leisure business to operate as a single, dynamic and cohesive entity in the interests of more finely responding to the current challenges, and opportunities, facing today’s market place.

Previously, the partnership’s retail and leisure offer was split into Agency, Development and Lease Consultancy services operating from four of our six offices. Now, the function will combine these services into a single nationwide team as supplemented, where necessary, by the advice of our Investment, Asset Management, Town Planning and other related services. The new retail and leisure offer, with associated services, will be across the entirety of our office network.

The new Retail and Leisure Group focuses on all areas of the sector, including food and beverage, and offers its clients a comprehensive service from deal origination through acquisition, development management, lease consultancy and disposal/exit. As part of its remit the team is addressing an increasing demand to advise and devise strategies to let vacant space, or boost the appeal of new developments or existing schemes, in the face of an ever changing market as fuelled, at least in part, by online competition. Through the combination of our national skill base and regional expertise the new Group has already been successful in working with, amongst others, operators and landlords to either source the right floor space opportunities or attract an appropriate and robust tenant mix across a number of schemes.

The new Group is headed by Equity Partner, Alfred Bartlett, who commented that “This is a progressive move by the partnership and I am delighted to be heading this exciting group within the business: the co-ordination of which has already resulted in some significant wins for national retailers, lifestyle operators, investors, developer and others. The retail market is, clearly, providing opportunities from the widely reported challenges and we look forward to assisting our clients, in the future, in realising their goals and aspirations.”

Alfred is supported by fellow Equity Partner, Russell Smith, in managing the Group. Other partners include Tim Holt and Richard Curry. A number of new appointments throughout our office network have also been recently made within the Group, including Henry Lang in Bristol, Matthew Guest and Jonathan Jones in Birmingham, Thomas Ball in Manchester and Rebecca Hughes in Edinburgh. There will be more to come.

If you would like to know more about the group, or simply wish to discuss your future requirements, please do not hesitate to get in touch. We will be delighted to hear from you.

 

As an Investor in People (IIP) awarded company, Rapleys is committed to our staff and their development. We are pleased to announce that we have continued to grow our team in the last three months with 10 new professional appointments.

Our new team members will allow us to better service our clients and promote new service lines across our office network.

Please click through to the full newsletter to meet our new team members and those who have been awarded promo

This year, the Mayor of London formalised the Homes for Londoners Supplementary Planning Guidance (SPG) which aims to make more homes affordable to Londoners on low and middle incomes with a long term strategic target for half of all new homes built to be genuinely affordable.

The SPG provides a key first step towards delivering more affordable homes through the planning system and provides guidance on delivering existing London plan policy.

The guidance sets out the mayor’s approach to “call ins”, where insufficient affordable housing has been provided or there has been insufficient scrutiny of viability information. The Mayor’s approach to transparency of affordable housing viability information is also detailed and it is explained how grant funding is going to be used to increase the level of affordable housing.

Threshold approach

The SPG details the ‘Threshold’ approach which will be employed by Local Authorities evaluating viability. The approach is divided into two pathways, the Fast Track Route and the Viability Tested Route.

The Fast Track Route applies to schemes proposing to deliver at least 35% affordable housing on-site which will not be required to provide a viability assessment and will be subject to early stage review only.

The more onerous Viability Tested Route applies to schemes proposing to provide less than 35% affordable housing on-site which will be required to submit a Full Viability Assessment and will be subject to both an early stage and late stage review. The SPG confirms that review mechanisms will be stronger and more consistent, and the guidance supports the use of Existing Use Value Plus as a benchmark land value.

Requirements for developers

The SPG clearly sets out the affordable housing requirements that developers should expect to deliver on potential development sites and it is hoped that developers will bid for land and development sites with these new policy considerations in mind. The Mayor has already demonstrated that the Greater London Authority will adopt a tough approach on new developments that do not adhere to the new planning policy as demonstrated by the rejection of the new development plans for the former Scotland Yard Site due to unacceptable levels of affordable housing.

Delivering affordable housing

Developers must, therefore, expect to deliver affordable housing on new build residential developments where it is viable and it is here that Rapleys can add value for developers. Rapleys provides guidance and advice throughout viability and 106 agreement negotiations, and assists with placing affordable tenure units with Registered Providers (RPs) or commuting off site payments.

With vast experience dealing with RPs across the UK, we can advise on their expectations, act as liaison, assist with contract negotiations and draft heads of terms, ensuring that developers secure the best possible deal on the best terms when delivering their units.

For further information and advice, please contact Nick Fell.

With the continued demand for dessert parlours and the increase in the number of both brands and franchisees, this food and beverage (F&B) offer looks set to replicate the spectacular rise of the coffee shop culture in the UK.

Like coffee shops, dessert parlours were relatively unknown on the UK high street and leisure scene as recently as 7 years ago, but we have witnessed them becoming more and more sought after and a regular in the F&B line up on retail and leisure schemes that we are bringing to the market, both in town and out-of-town.

Interestingly, apart from the US giants, Dunkin Donuts and Krispy Kreme – both of whom have only relatively recently themselves re-entered the UK market – the current demand for sites is largely being driven by independent operators and shows little sign of being a mere fad.

Independent operators

Data released by The Local Data Company (LDC) and British Independent Retailers Association (BIRA) shows that independents opened more shops in the first half 2017 than in the same period last year, whilst national chains continued to fall. Café style operations, such as dessert parlours, is one of the key growth areas and this looks set to continue as independent operators, such as Patisserie Valerie – the original cake and dessert retailer with over 100 outlets – continues its organic growth and franchised operators such as Creams – who lead the franchised sector with over 50 outlets – look to roll the concept out nationally from London and the South East.

Hot on their heels are brands such as Kaspas, Treatz and Heavenly Desserts, as well as a number of newer and smaller operations, all of whom already have double digit outlets in multiple locations with a variety of trading formats – operating on high streets, in shopping centres and on out-of-town retail and leisure schemes. These operators have all evolved to take advantage of the culture developing among young people, students and families of going out in the evenings for a dessert. Just like the quick service restaurant franchisees, the fortunes of these operators also look set to soar and accordingly add incremental value to the property assets they occupy.

If the coffee shop experience is anything to go by, watch out for the rise of dessert parlours!

We expect demand to continue to increase along with the profile of dessert parlours in retail and leisure schemes alongside the more established usual suspects – and there is a long list of operators they like to sit next to! Not only should the line up and marketing of schemes be geared to accommodating this use, but consideration should also be given to the design of centres to welcome these operators as part of the leisure mix.

Rapleys is able to advise on the development/redevelopment of schemes to appeal to this wider market, as well as identify the appropriate operators to create a vibrant retail & leisure destination. For more information, please contact Alfred Bartlett.

 

Demand for care homes throughout the UK remains very strong despite the fragmented nature of the market. The majority of development activity is in the ‘for profit’ sector and is aimed at private customers in the more affluent parts of the country.

Demand for additional care home beds is predicted to rise steadily over the next decade with some experts suggesting a requirement of close to 7000 new places per annum, reflecting the UK’s ageing population.

With this underlying and consistent demand it is unsurprising that care home investors and developers are actively seeking new sites in good regional locations across the country.

Operators typically offer a range of care options for customers. These include; nursing care, dementia care, residential care, day care and personal care. The main differences between these types of care home is the level and quality of care provided, although some of the larger homes will provide a range of care solutions under one roof. The basic principle being that the higher the level of care required the higher the annual cost.

Care home development

The majority of new care home developments have a capacity of between 60 and 100 beds with associated car parking. In planning terms it is a C2 use classification and in general terms it can be regarded as a ‘soft’ planning use owing to the low traffic generation and the general nature of the use itself. Care homes are also employment generating (unlike standard housing) and this can assist with change of use arguments on former employment sites. Typically, the more intensive the care provided the higher the employment generated.

The high consumer demand and current under-supply has resulted in an increasing number of developers seeking new opportunities for care home development, which in turn has led to an increase in prices being paid for new opportunities. The requirements are typically 1-3 acres in area and can be located on the edge of town centres or suburban locations in areas with strong financial demographics.

Prominence is not essential but sites with good frontage to main roads and close to local amenities are highly desirable. Some examples of suitable properties include former car dealerships, large pubs, and industrial premises.

Rapleys has been successful in identifying and acquiring a number of sites on behalf of care home developers and we urgently seek additional development opportunities. If you have any surplus land/sites that would be suitable for a care home please contact Alun Jones.

There is a growing trend throughout the grocery store sector to build on top of existing stores to deliver new homes. Property Week recently reported on the concept stating that “numerous retailers have explored the potential of doing air rights developments”.

Richard Curry, partner in Rapleys’ retail & lesire group, was quoted in the article stating that is not just the grocery sector but also retail stores and retail parks which could benefit.

“There is an avenue to be looked at here,” he says. “And I don’t think the DIY retailers are going to be as affected by loss of trade as some of the grocers, who are potentially losing out on customers doing their weekly food shop [while building works take place].”

Read the full article in Property Week here.

The long awaited changes to the Environmental Impact Assessment Regulations come into force today. Rapleys reviews the key revisions proposed and what they mean for the development industry.

Following the EU Council’s decision in 2014 to amend the 26 year old Environmental Impact Assessment (EIA) Directive, the Government undertook a consultation between December 2016 and February 2017 seeking views on the proposed changes to the Regulations.

The main purpose behind the changes is to improve the consistency and quality of the process and resultant Environmental Statements across the EU. Whilst the general process as we know it will not change, it will be more front loaded, potentially reducing the need for full EIA.

The key changes can be summarised as follows:

1. A new definition of the EIA process which could feed into project programmes for planning applications.

2. An enhancement of the screening process, which is now mandatory, with an emphasis on aspects of the environment to be significantly affected by development and the inclusion of mitigation measures at the screening stage. In reality, this has the potential to become a mini EIA, extending this particular obligation rather than streamlining it; however, it might also now improve the quality of the screening process which thus far, has been somewhat inconsistent within the UK planning system.

3. An opportunity for Local Planning Authorities to extend the 21 day mandatory deadline for Screening Opinions to 90 days, or an alternative period to be agreed in writing between both parties.

4. Inclusion of new or enhanced topic areas within Scoping Opinions including the replacement of flora/fauna with ‘biodiversity’, climate change, land, cultural heritage and consideration of major accidents and/or disasters (where necessary). Health impact assessments are also likely to be included within Scoping Opinions under ‘population and human health’.

5. The EIA must adhere to the received Scoping Opinion, where Scoping is undertaken. If the final EIA does not follow the Scoping Opinion it would not be compliant with the Directive. This could lead to applicants revising Scoping Opinions to ensure they take account of subsequent changes, plus an increased risk of legal challenge where Scoping Opinions are not revised to reflect the EIA proposal.

6. The introduction of monitoring measures for significant adverse effects – this may ultimately prove useful in determining the efficiency of the EIA process, however, this could also lead to more detailed conditions on decision notices and obligations within s106 Agreements. This could, in turn, add more risk and burden to developers with a need to ensure conditions comply with the tests in national policy and that monitoring is proportionate to the development proposed.

7. The use of competent experts to prepare the EIA submission for the developer and to examine it for the Local Planning Authority – although there is no actual definition or explanation as to what constitutes an ‘expert’. Responsibility will be placed on the developer to employ competent experts and justify this in documentation alongside the Environmental Statement, whilst the consenting authority must ensure that sufficient expertise is available to review the documentation.

For any help with EIA process, from inception to delivery, please contact Sarah Smith, sarah.r.smith@rapleys.com.

For the first time since its publication in 2012, the Government’s National Planning Policy Framework (NPPF) guidance has been subject to a ruling by the Supreme Court. The judgment provided much needed clarity on a long running debate concerning paragraph 49, which states that ‘relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a five year supply of deliverable housing sites’.


The Background

The debate about paragraph 49 was crystalised in two conflicting decisions by planning inspectors in separate appeals, with one inspector favouring a wide interpretation of ‘relevant policies’ to include all policies that influence housing development, and the other taking the view that only policies specifically concerned with housing supply are deemed relevant. These decisions were subsequently challenged and the Court of Appeal ruled that the definition of ‘relevant policies’ could include all policies that create or constrain land (such as green belt and countryside protection policies) for housing development (i.e. the wider interpretation).

Supreme Court Ruling

However, the Court of Appeal’s ruling was itself challenged. As a result the much anticipated Supreme Court judgement last week ruled that the Court of Appeal was wrong and that ‘relevant policies for the supply of housing’ legally requires a narrow interpretation. As such, policies that are not specifically related to housing supply will not be deemed “out of date” where a local planning authority cannot demonstrate a five year housing land supply. However, the judgement goes further than this, emphasising that the absence of a five year housing land supply triggers NPPF paragraph 14 and the “presumption in favour of sustainable development”. This means that restrictive policies will remain a relevant consideration; however, these policies will have reduced weight if a five year supply cannot be demonstrated.

What does this mean?

Whilst it is early days, the Supreme Court ruling indicates that:

  • If a Local Authority cannot demonstrate a five year housing land supply, only a narrow range of policies are out of date. However, the decision maker still needs to give weight to the lack of five year housing land supply against a wider range of policies.
  • The weighting applied will be at the discretion of the decision maker, with differing approaches potentially being taken. Whilst the Supreme Court judgment is clear that restrictive non-housing supply related policies should carry reduced weight in the absence of a five year housing supply, local planning authorities could nonetheless seek to rely on such policies if they are minded to resist development, particularly in sensitive areas such as the Green Belt.
  • Given the subjectivity involved in the decision making process, planning by appeal is still likely to continue as decision makers grapple with applying the appropriate weight to policies which would otherwise limit housing development.

For more information on this please contact Andrea Herrick or any other member of our nationwide planning team.

 

 

The Government has announced that all local authorities will need to produce up-to-date registers of brownfield sites available for housing, and that guidance to this effect will be issued around June this year. It has also confirmed that legislation about “Permissions in Principle” will follow later in the year to simplify the planning process for developers. While still understandably light on detail, the government’s proposals to streamline development of brownfield land is welcome progress. Both permission in principle and the launch of brownfield registers do bring the potential to more efficiently bring sites on stream although, as ever, the devil will be in the detail.

Taken together, the new mechanisms have the potential to lower the initial hurdle of bringing forward development through the planning system, and this has to be supported. Further, the owners particularly of small and medium sized sites would no doubt be pleased with a relatively simple method of getting on the planning ladder, and provide them with early confidence to further investigate the potential of their land.

Of course, the success of this venture very much depends on Local Authorities’ ability to keep the register up-to-date and implement the new permission in principle regulations. This has the potential to be a real administrative challenge and will require careful management to ensure the opportunity to increase the delivery of housing isn’t missed.

If you have or are aware of any previously developed land that might benefit from being on a brownfield register, or potentially from a “permission in principle”, Jason Lowes or one of our nationwide team would be happy to discuss this further.

Brexit: an event that, at the time, felt a little as if the world was about to end. We are nearly 5 months on from 25 June 2016 and whilst turmoil in foreign exchange continues with the pound predicted by some to reach parity with the Euro over the next few months, the FTSE has reached a record high.

However, so far there appears to have been little effect in the automotive sector with both corporate and property deals continuing with some high profile (and costly) examples including:

  • Kia opening Europe’s largest dealership in Brentford
  • Dick Lovett opening a 25 car Aston Martin showroom in Bristol
  • Peter Vardy opening a new Jaguar Land Rover dealership in Aberdeen
  • Arnold Clark opening the UK’s largest Hyundai dealership in Glasgow

Of course these deals will have been planned and financed well in advance of the Brexit date but during the preceding period of uncertainty, the strength of the UK economy appears to have vindicated those approving these high profile deals. Indeed further significant developments are continuing to be announced post-Brexit including:

  • JCT obtaining planning consent for a new Mercedes-Benz dealership in Harrogate
  • Swansway announcing plans for a new Jaguar dealership in Crewe
  • Arnold Clark planning a new Motorstore in Nottingham
  • Inchcape announcing plans for a new Audi dealership in Bolton

Furthermore, since our last automotive update, the sector has seen the largest corporate acquisition for 10 years with Marshall Motor Holdings acquiring Ridgeway for £106.9m to become the 7th largest group in the UK; an acquisition where Rapleys was appointed to advise on the property elements of the acquisition.  There have also been a number of others, both pre and post Brexit, including:

  • Lookers acquire Drayton Group for £55.4m (July)
  • Lookers acquire Knights Group for £27.2m (August)
  • Jardine Motors acquire Colliers Motor Group (June)
  • Vertu acquires Gordon Lamb for £18.7m (June)

It remains to be seen what impact Brexit will have as Article 50 has yet to be exercised and, given recent court rulings, there is uncertainty as to whether the Government can make this decision without the support of Parliament. Many groups are yet to report their half year results although market sentiment has, so far, generally been positive. It seems as if most in the sector remain confident about the state of the UK economy and that confidence has translated into investment in the sector at a time when the temptation might have been to “sit tight”. It is, however, widely anticipated that Article 50 will be exercised in the first half of 2017 and, if this is the case, we will be in for another round of uncertainty next year.

 

 

Rapleys has arrived in Birmingham! In May, Rapleys opened its  sixth office, moving into Birmingham for the first time following the acquisition of Bartlett Property. Led by Alfred Bartlett, the team is growing and will become a significant player in the West Midlands property market over the coming years, offering the full range of Rapleys’ services.

It is a home coming as well as being business as usual for Alfred Bartlett. He first joined Rapleys 25 years ago and left to work in Birmingham. Now back together, Rapleys’ Birmingham office under the leadership of Bartlett, continues to advise on retail and leisure developments across the region. Bartlett’s team in Birmingham has been strengthened with the recent addition of Matt Greenaway as Senior Associate from Bilfinger GVA and Charlie Steele, Surveyor from Steeles Estate Agents.

Matt and Charlie, along with Alfred, will focus on sourcing and bringing both city centre and out of town retail, supermarket, restaurant and mixed use schemes forward and have hit the ground running with some notable instructions including:

  • Advising on two mixed retail student accommodation developments in Edgbaston
  • A retail development for Co-op, close to the city centre
  • A new mixed use development with Marks & Spencer and further retail in Moseley
  • Redevelopment and letting of an existing retail park in Brierley Hill

The team is actively on the lookout for development opportunities for occupiers and developer clients and is also instructed on a number of retail, leisure and development site disposals.

Rapleys is looking to expand its Birmingham office to provide a full service offering including planning, building surveying and project management, office and industrial agency, investment consultancy and rating.

For the time being the Rapleys team is focused on establishing the office as a hub of excellence for Birmingham’s flourishing city centre developments, to provide both developers and occupiers with expert advice to take advantage of the opportunities available during this renaissance that Birmingham is currently experiencing.

Please contact Alfred Bartlett alfred.bartlett@rapleys.com or Matt Greenaway matt.greenaway@rapleys.com for further information or details on how we may assist you with any retail, leisure or roadside opportunities.

 

 

 

As part of Rapleys’ continued investment in the development of employees we are pleased to announce the latest promotions:

  • Alun Jones (Development, London) to Equity Partner
  • Graham Smith (Charities Consultancy, London) to Non-Equity Partner
  • Jennifer Lemen-Hogarth (Lease Consultancy, Bristol) to Senior Associate
  • Jemma Cam (Town Planning, Bristol) to Associate
  • Gary Collins (Town Planning, London) to Associate
  • Jessica Lockwood (A&R/Development, Huntingdon/London) to Senior Surveyor

“The promotions reflect their contributions to the business and are thoroughly deserved. I would like to thank them for all their hard work and support in the continuing growth and success of the practice.” Rapleys Senior partner, Robert Clarke.