NEW PLAYER ENTERS THE PLANNING ARENA

NEW PLAYER ENTERS THE PLANNING ARENA

Development is more than just building. The skill and vision required from developers has increased dramatically over the last few years as the government has demanded more from our built environment. Placemaking and sustainability are now front and centre of pretty much every planning application, and this is arguably set to increase with the latest inserts of “beauty” and “beautiful” into the NPPF – but that’s a discussion for another day.

Active Travel England – New Statutory Consultee

What has hidden within the latest Message from Chief Planner was the announcement that from 1st June 2023, Active Travel England (ATE) will become a statutory consultee on certain planning applications. They will soon be providing recommendations to local authorities on the merits of a schemes active travel provisions.

In simple terms, the role of ATE is to assess schemes, in consultation with local authorities, and to ensure that opportunities to build in active travel networks are maximised when new developments are considered.

The following thresholds have been indicated as triggering ATE’s involvement:

• 150 residential units (dwellings);
• 7,500m2 commercial area; or
• Site having an area of 5 hectares or more.

Interestingly, for sites in London the position is a little less clear, as ATE will only be involved in schemes on a “case-by-case basis”; no information has been offered with respect to the criteria against which ATE’s involvement will be required. We have contacted the Department for Transport to try and provide clarity on this point and will monitor developments over the coming months.

Nevertheless, the change appears to represent a marked shift in the way planning applications are considered. In the words of Active Travel England…

“this is about making people-friendly streets sit at the heart of planning.”

The advent of ATE will stir a mixed reaction amongst developers depending on the types of site in question. Planning applications are considered holistically and of course active travel is just one of many criteria that must be considered in balance. However, it is likely that certain sites may just have become that bit harder to justify from a planning perspective (for instance, if it is difficult to demonstrate how active travel could be facilitated by a development due to its geographic location or the existence of spatial constraints). Conversely, if a site sits in an authority that has a dedicated walking and cycling plan, then demonstrating how your scheme can support these strategic plans will represent a big planning tick.

So, what does this mean for our Clients and partners?

Over the past few years, we’ve arguably had the carrot (through favourable planning policy towards sustainable travel initiatives) …now comes the stick. Developers will need to take active travel designs seriously to reduce the risk attached to planning applications (given ATE’s role as a statutory consultee).

What does this mean in practice?

Where and how we build future active travel infrastructure is essentially the debate that will be had. As with any matters that require some form of debate, we would recommend that our Clients engage in discussions with the relevant stakeholders at the earliest opportunity to avoid the potential for misunderstanding with respect to expectations and deliverability. Optioneering exercises may be required to demonstrate what is and isn’t possible – an understanding of cost implications will obviously be critical to this exercise to inform the decision making process.

From a scheme development perspective, active travel designs should be considered as part of the feasibility stage and should no longer be an ‘after thought’. More space will need to be safeguarded from conception to satisfactorily mitigate the potential for planning risk in this regard.

In some cases, space may need to be reallocated – typically away from existing space for private vehicles. The impacts of this will need to be considered carefully to identify the optimal balance, but it is clear that the planning weight offered towards active travel will increase.

Finally, how will this new statutory consultee interact and influence the committee members that ultimately make planning decisions? We are aware that several historically ‘pro car’ boroughs are now softening their stances on transport planning aspects such as minimum levels of car parking as a result of the expense incurred when application decisions get overturned in the High Court. We would suspect that the introduction of ATE will further build momentum in this regard. However, robust cases and strong technical arguments will be required to assuage potential concerns that remain. How this detail is communicated will be of utmost importance when attempting to persuade members.

Curious about how this may affect your scheme?

We’re here to help and can guide your developments through this transitory and uncertain period. We pride ourselves on delivering sites through high quality technical design and have promoted sustainable solutions as part of schemes since our inception. It’s in our DNA.

For case studies of some of the work we have done in this area please see our project pages on Guildford, Ware or Rochester Riverside.

Whilst we pride ourselves on promoting sustainable solutions, we also recognise when balance is needed – we work closely with our clients to understand their strategic ambitions and help to find optimal and fair solutions that work for all.

Contact us today to find out how we can work together with ATE to create a happier and healthier world.