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IC/A1 Industry Context Assignment: Feasibility Study 1

Feasibility Study: Four Keys & Mixed-Use Development


Luther Jim - C1218708
Cardiff University

C1218708 Luther Jim


IC/A1 FEASIBILITY STUDY 2

Table of Contents
List of Abbreviations........................................................................................................... 3

Feasibility Study: Four Keys & Mixed-Use Development ............................................ 4

Stage 1 – Course Grain & Comparison........................................................................... 4

Scenario Two: Four Quays Development – Pin Mill .................................................. 4

Scenario Three: Mixed Use Development - Savile Row ............................................ 7

Comparison of Two ..................................................................................................... 9

Stage 2 – Fine Grain ..................................................................................................... 12

Scenario Two: Four Keys Development – Pin Mill 2000 words .................................... 12

Specific Regulatory Instrument – Planning in Principle................................................... 24

Bibliography ..................................................................................................................... 28
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List of Abbreviations
PIP – Permission in Principle
TDC – Technical Design Consent
CIL – Community Infrastructure Levy
SSSI – Site of Specific Scientific Interest
SPA – Special Protection Areas
EIA – Environmental Impact Assessment
SPolA – Special Policy Areas (abbreviation adapted for use of this report)
VDF – Village Development Framework
NDP – Neighbourhood Development Plan
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Feasibility Study: Four Keys & Mixed-Use Development

Stage 1 – Course Grain & Comparison

Scenario Two: Four Quays Development – Pin Mill

Figure 1- Proposed Site for Pin Mill Four Quays Development


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Scheme Considerations
1. Change of Use – Current use of the building will class the existing as ‘B2 General
Industrial with B8 Storage or Distribution’ (Crown copyright, 1987) with a change of
use to ‘A1 Shops, A3 Restaurants & cafes, B1 Business ad C3 Dwellinghouses’
(Crown copyright, 1987). However, it should be noted that some of these changes of
use may not require planning permission such as ‘B2 to B1 and B8 to B1 or C3
(subject to prior approval)’ (Crown copyright, 1987)
2. Additional Permission – This site, known as a Designated Area is part of the ‘Orwell
Estuary Site of Special Scientific Interest’ (Natural England, 2003) for the ‘national
importance for breeding avocet Recurvirostra avosetta, its breeding bird assemblage
of open waters and their margins, nine species of wintering waterfowl (including
black-tailed godwit Limosa limosa islandica), an assemblage of vascular plants, and
intertidal mud habitats’ (Natural England, 2003). Natural England is responsible for
registering and protecting SSSIs with oversight from the Wildlife and Countryside
Act 1981 (Crown copyright, 1981). This means that ‘you must tell Natural England
within 28 days about changes to the ownership or occupation of SSSI land’ and ‘you
must get written consent from Natural England if you intend to carry out a listed
operation within the boundary of the SSSI’ (Crown copyright, 2018). Natural England
will provide some advice free of charge to assess the impact of the proposal on the
site, how to manage and protect the site and potential sources of funding. Other
services such as site meeting and survey advice will come at additional cost.
3. Special Protection Areas – The site has been known for local bird watchers and is in
close proximity to the Deben Estuary which is a class A SPA known for ‘Tidal rivers,
Estuaries, Mud flats, Sand flats, Lagoons (including saltwork basins)’ (Joint Nature
Conservation Committee, 2015) and its ‘ wintering waterbirds’ (Joint Nature
Conservation Committee, 2001)
4. Environmental Impact assessment – Under Schedule 2 of The Town and Country
Planning (Environmental Impact Assessment) Regulations 2017 (Crown copyright,
2017) the scheme would need an Environmental Impact Assessment as its past use
comes under over 1,000 sqm of production and processing of metals (shipyards) and
the scheme can potentially come under as an Infrastructure Project.
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5. Design and Access Statements – These are required for buildings of more than
1000sqm, housing developments of 10 dwellings or more (Crown copyright, 2015)
therefore with 100 residential units, this will be needed. A design and access
statement would also provide a helpful exercise to propose to the highway authority
for the widening of the access road, Pin Mill Road, under the Highways Act 1980
(Crown copyright, 1980).
6. Planning Permission in Principle – As a brown field site and with a housing based
scheme, the site could qualify for PIP. It would be wise to check the Suffolk County
Council or Babergh District Council brownfield registers and local and
neighbourhood plans if the site has already been given PIP.
7. Section 106 Agreement – There are potentials for an agreement to be put in place
whereby a cleaning up of the waterway contaminants is included as a service within
the scheme proposal.
8. Funding potential – Equity funding could be a major source of project
funding/investment in the form of early stake holder buy-in incentives. SSSI have a
proven track record of profit with ‘Public expenditure on SSSIs totals £101 million in
England and £10 million in Wales annually’ (GHK Consulting Ltd, 2011). The
European Union may provide funding for the restoration and conservation of SSSIs
so to comply with the ‘Water Framework Directive’ (The European Parliment and the
Council of the European Union, 2000) and the ‘Habitats Directive’ (The European
Parliment and the Council of the European Union, 1992)
9. Local Plans – There is currently no NDP for Chelmondiston & Pin Mill, a draft NDP
is due to complete March 2019. Currently there is a VDP document which highlights
‘the distinctive character of a village and the surrounding countryside’ and ‘the
traditional building materials typically used. It is also an opportunity for local people
to influence the planning process within their own area by defining policies (agreed
by the community) that will be taken account of by the local Planning Department.’
(Cheldmondiston & Pin Mill Parish Council, 2015). The VDP does also highlight
‘there was an unmet housing need in the parish’ (Chelmondiston Parish Council,
2018).
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Scenario Three: Mixed Use Development - Savile Row

Figure 2- Proposed Site (in red) for Savile Row Mixed Use Development

Scheme Considerations
1. Change of Use – Current use of the building, is for a hotel. This will class the existing
as ‘C1 Hotel’ (Crown copyright, 1987) with a change of use to ‘A1 Shops, A2 Office,
Financial & Professional Services and C3 Dwellinghouses’ (Crown copyright, 1987).
2. Planning Obligations – A Section 106 Agreement could be made that the scheme
provides shop floor spaces which contributes to the unique nature of the rest of Savile
Row shop fronts.
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3. Conservation Area & Special Policy Area– Savile Row is part of the Regent Street
Conservation Area and a special policy area under Policy CM2.3 of the Westminster
City Plan therefore any building and building design work which is conducted will
have to abide by the regulations and limitations of the Conservation Area. These can
be found in the ‘City of Westminster Conservation Area Directory No.2’ (City of
Westminster Planning and Environment Department, 1968) and in the Westminster
City Plan (City of Westminster, 2016).
4. Policy CM2.3 Savile Row Special Policy Area – Covered by the Westminster City
Plan the ‘SPolA Regulations prevent a developer of lease holder from changing its
use, for example, transforming a shop into a residential property.’ (City of
Westminster, 2016)
5. Licence to alter – as the building is owned as a leasehold, this will have its own
building/land specific set of regulations as dictated by the freeholder, therefore an
application must be made from the leaseholder to the freeholder in order to acquire a
Licence to alter. The application may include:

• ‘A description of the works.


• The programme for the works.
• Drawings showing the existing and proposed layout.
• Structural drawings and calculations.
• Building services drawings.
• Specifications.
• Risk assessments and method statements.
• A copy of the F10 notification.
• Evidence of compliance with the Party Wall Act.
• Evidence of necessary planning permission, buildings regulations
permission and other statutory approvals.’ (Design Building Ltd, 2018)

As the property is a leasehold, under the ‘Commonhold and Leasehold Reform Act 2002’
(Crown copyright, 2002) the leaseholder has greater protection against unreasonable payments or
disputes.
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6. Asbestos Survey – As the building had been substantially remodelled in the 1960s
with fireproofing of the old tank room, it is highly likely that there will be presence of
asbestos and a survey should be undertaken in with measures to control the substance
in accordance with ‘The Control of Asbestos Regulations 2012’ (Crown copyright,
2012) with guidance from documents such as ‘Asbestos: The survey guide HSG264’
(Health and Saftey Executive, 2012)
7. General Development and Demolition – Reference to Supplementary Planning
Guidance on City of Westminster’s ‘Development and demolition in conservation
areas’ (City of Westminster, 2004) should be made during the design processes of
such a project.
8. Building Regulations – With this project, particular focus on focus on Part B Fire
Safety for Buildings of 6 storeys or more and compartmentation between mixed uses
& Part M Access to and the use of the buildings should be taken into account.
9. Design and Access Statements – These are ‘required for buildings of more than
1000sqm, housing developments of 10 dwellings or more and in conservation areas,
design and access statements are required for single dwellings or building of more
than 100sqm.’ (Crown copyright, 2015).

Comparison of Two

Strengths
Pin Mill – In the natural and rural setting of the site in Pin Mill, there is potential for a
very vibrant and lively live-work scheme which can then be a helping hand into the rejuvenation
of the surrounding area and its economy. This scheme will help with the need for additional
employment opportunities within the area, especially with start-up businesses, and there is a
varying consortium of expressed interest from small local businesses. There are potential
agreements and incentives the scheme can provide to benefit the planning permission processes
in the form of Section 106 agreements and a fast-tracked planning application with the site being
allegeable for PIP. The need to consult Natural England about the SSSI, could mean the final
scheme has a harmonious and sensitive nature which works hand in hand with the environment.
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Savile Row – The development of this hotel which takes up a substantial part of an urban
block, six storeys high and comprising of three linked terraced buildings, which has been left run
down for some years could be welcomed by the community as an attempt to rejuvenate the
immediate area. The property itself, as existing is run down and in need of repair which this
scheme could offer, bring it up to current building and habitation standards. The options of
including the additional properties into the scheme provides even more strengths to build on the
unique and ‘bespoke’ nature of Savile Row and development of high demand residential units in
a very vibrant and sort after part of Central London.

Weaknesses
Pin Mill – The scheme has obstacles to overcome, such as the negative local opinion to
the development and the numerous legislative obstacles along with the search for appropriate
funding. All these will add to the time and cost of the scheme; however, none are deal breakers.
The obstacles, such as the need for an EIA, and the need to gain permission from Natural
England can prove to be a costly process, leading to revisions of plans to come to a design
compromise which benefits the surrounding environment and the design brief of the project.
Savile Row – The sensitive nature of its setting is this project’s major weakness. The
numerous legislative obstacles which the scheme faces due to its location will prove to add a lot
of time and cost to the project. There are a lot of constraints from the site being a Special Policy
Area, and it also under a Leasehold ownership. Under the Special Policy Areas principles, there
are regulations which may prevent certain changes of use. The building is also of a run-down
state whilst also not meeting any current building regulations and a detailed investigation and
design review with close reference to Part B and M guidance will be required. This may lead to
more additions to cost and time of the project, in construction and design.

Opportunities
Pin Mill – One project concern is the funding, there are opportunities for European
Union Funding that could be available for in aid of protecting and promoting the SSSI, and EU
Structural Funding that provide funding for start-up businesses and local cafes and craft
orientated small firms, this could include European Regional Development Fund and European
Social Fund. There could also be Equity funding, this could be a major source of project
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funding/investment in the form of early stake holder buy-in incentives such as early pre-sale of
the residential units. There are also opportunities to revitalise the local economy and clean up the
existing brown field site and use that as a levy as part of a Section 106 agreement and provide
the much-needed addition to housing the parish as highlighted by the VDF. The scheme could
also be given PIP, or even the site could already have PIP, meaning only a technical detailed
consent is required, saving time and cost on the project.
Savile Row – The main opportunity of this scheme lies in the investment value of the
property. As the building is run down and in poor condition, it could help in lowering the
purchase value of the exiting. The location and the bespoke nature of Savile Row, along with the
scheme proposal will create a very sort after properties to let or sell, whether it be the offices,
accommodation or shopfronts. There are also great local opportunities in contributing to the
bespoke nature of Savile Row which could come under a Section 106 agreement.

Threats
Pin Mill – Biggest threat to the scheme will be funding and the public opinion. With the
development being run by a small consortium of local opportunists, there could be a possibility
of different opinions which could destabilise the partnership which can lead to poor management
of the development, and disagreement on money and contributions. On top of this, the scheme
will have to be well marketed to inject a good amount of interest and investment to help fund the
project. Only if they build interest and investment can there be equity investment. There is also a
Neighbourhood plan by the Chelmondiston Parish Council (Chelmondiston Parish Council,
2018) to come out in 2019 which may place constraints on the project scheme. Under the current
VDF, the public and local community opinion has great influence on the planning process.
Savile Row – The biggest threat to the scheme will be the numerous constraints and
legislations which the scheme is bound by due to its location, mostly due to the regulations put in
place from Savile Row Special Policy Area and it being of leasehold ownership. Covered by the
Westminster City Plan the ‘SPolA Regulations prevent a developer of lease holder from changing
its use, for example, transforming a shop into a residential property.’ (City of Westminster, 2016).
Alongside this, there is the difficult task of reworking an old building in a conservation area to
meet current building regulations and standard, most notably in regard to Part B and M in an old
row of three, six storey Georgian terrace with limited access to the rear of the terrace.
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Stage 2 – Fine Grain

Scenario Two: Four Keys Development – Pin Mill

Figure 3- Proposed Site for Pin Mill Four Quays Development


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Scheme Considerations
Local Plans
Currently the Chelmondiston & Pin Mill Parish Council has no NDP. For 7-8 years after
persuasion for the government to develop an NDP, it was considered too expensive. There is a
VDF which currently in place whilst the NDP is being developed as a draft for March 2019. The
VDFs highlights the current strengths and characteristics of the area in terms of architecture, use,
history and its community. It also highlights what are the most important factors that make the
area what it is and how important the local community’s opinion is in the influencing of the
planning process. The VDF is ‘intended to ensure that future development and change within the
parish are based on an understanding of the area’s history and present character’
(Cheldmondiston & Pin Mill Parish Council, 2015)
The VDF highlights the need for additional housing in the area, it recommends that ‘the
housing need of the local population should be the main consideration in any permission for new
development’ (Cheldmondiston & Pin Mill Parish Council, 2015) and ‘there should be a strong
emphasis on retaining and encouraging local small-scale businesses and home working’
(Cheldmondiston & Pin Mill Parish Council, 2015). The VDF, in the absence of an NDP, is an
important reference to aid the development of the scheme, especially the numerous
recommendations that it makes such as:
• ‘Ensure appropriate housing stock is available to meet local needs.
• Ensure that new development harmonises with its surroundings.
• Ensure good access to the parish without allowing traffic to dominate and/or damage
people or the environment.
• Protect the rural/maritime character of the area.
• Protect and support local wildlife.
• Support small-scale businesses and home-working.
• Promote energy saving measures.
• Support tourism.’ (Cheldmondiston & Pin Mill Parish Council, 2015)
With the development of the Neighbourhood plan, it should be noted that such
recommendation may change, and new regulations may be introduced.
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Additional Permission
As noted in the VDF ‘Every planning proposal must be considered in the light of
protecting the special characteristics of the area: The AONB and Conservation Areas, and the
Special Marine habitats and SSSI. The aim must be to ensure that the essential characteristics of
the parish, comprising open farmland and waterside areas, are not diminished by any
inappropriate developments.’ (Cheldmondiston & Pin Mill Parish Council, 2015) The area is also
in close proximity to an SPA.
The site is under the ‘Orwell Estuary Site of Special Scientific Interest’ (Natural England,
2003) for the ‘national importance for breeding avocet Recurvirostra avosetta, its breeding bird
assemblage of open waters and their margins, nine species of wintering waterfowl (including
black-tailed godwit Limosa limosa islandica), an assemblage of vascular plants, and intertidal
mud habitats’ (Natural England, 2003). Under Natural England, the site is also part of the
‘Suffolk Coast and Heaths Area of Outstanding Natural Beauty’ (The National Association for
Areas of Outstanding Natural Beauty, 2018) and is in close proximity to the Deben Estuary
which is a class A SPA known for ‘Tidal rivers, Estuaries, Mud flats, Sand flats, Lagoons
(including saltwork basins)’ (Joint Nature Conservation Committee, 2015) and its ‘ wintering
waterbirds’ (Joint Nature Conservation Committee, 2001). With such titles comes many
processes that the scheme must go through and consultations with Natural England. It is
important to go through with getting consent to carry out the scheme and operations from
Natural England as otherwise, if a listed operation within the SSSI boundary is carried out, there
can be an unlimited fine and damages to the site to be repaid. Natural England can advise on how
to manage and treat the site along with a review of the proposal on the site, with some advice
free of charge although if more specific advice such as site visits and advice on drafting consent
application will come at a charge. As the site is of such sensitivity there are specific information
which will have to be included into the proposal along-side the obvious drawings, such as what
vehicles will need access to site and how much pressure they exert on the ground, how spoil will
be removed and the chemical nature of materials that are proposed. With the site being an
AONB, the scheme will have to work with the ‘(Suffolk Coast & Heaths Area of Outstanding
Natural Beauty Management Plan’ (Suffolk Coast & Heaths Area of Outstanding Natural
Beauty, 2018).
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The site is included in Chelmondiston & Pin Mill Conservation Area as ‘set out in
English Heritage’s new ‘Guidance on Conservation Area Appraisals’ (2006)’ (Babergh District
Council and Mid Suffolk District Council, 2007) which is defined under Section 69 of ‘Planning
(Listed Buildings and Conservation Areas) Act 1990’ (Crown copyright, 1990). In the appraisal
document is highlighted not only the boundary of the conservation area but also the listing of
buildings, important protected vistas of the River Orwell, building materials used in the area and
defined footpaths.
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Figure 4- Topographical Framework of Pin Mill Conservation Area (Babergh District Council and Mid Suffolk District Council,
2007)
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Figure 5- Intrinsic Quality of Buildings (Babergh District Council and Mid Suffolk District Council, 2007)
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Figure 6- Traditional Building Materials (Babergh District Council and Mid Suffolk District Council, 2007)
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Figure 7- Hierarchy of Spaces (Babergh District Council and Mid Suffolk District Council, 2007)
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Figure 8- Relationship to Open Countryside (Babergh District Council and Mid Suffolk District Council, 2007)
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Figure 8 defines Definitive Footpaths which under ‘The Countryside and Rights of Way
Act 2000 (CROW Act)’ (Crown copyright, 2000) normally give a public right of access to land
mapped as ‘open country’ which will have to be incorporated into the proposal scheme.

D&A Statement & EIA


A design and access statement is mandatory as the proposal is for a housing development
of more than 10 dwellings under the Town and Country Planning (Development Management
Procedure) (England) Order 2015 (Crown copyright, 2015), not only that but in this instance it
would prove incredibly helpful in assessing the initial scheme concepts and proposals and how it
works with the numerous sensitivities of the site as an SSSI, SPA, AONB and conservation area.
With a site such as this, routes and access are a sensitive topic as there are numerous
public rights of ways across the site which need to be incorporated into the proposal. Not only
that but consideration into access to site via vehicles during and post construction must be
evaluated in detail as Pin Mill Road is described as ‘Pin Mill Road, which has housing down its
length, is the main route to Pin Mill and popular with walkers. It has no footway and is narrow in
places, making it difficult for cars to pass one another. A 20mph speed limit was imposed a few
years ago, but is frequently violated. A “20’s Plenty” area was designated outside the Primary
School in 2012 with parking restrictions.’ (Cheldmondiston & Pin Mill Parish Council, 2015).
The narrow road and the nature of the surroundings and how people use it can prove to create
difficulties in manoeuvring larger vehicles to and from site, so this may lead to alternative
considerations in how the construction and site management can be arranged. The D&A
statement can also provide details and studies as a proposal to the highway authority for a
potential widening of the access road, Pin Mill Lane, under the Highways Act 1980 (Crown
copyright, 1980) although, this doesn’t seem like an option with the sensitive nature of the site.
This statement can aid in collaboration and consultation with Natural England and local council
& community over aspects of relationship of scheme and the natural surroundings, scale,
landscaping, appearance (materials and shape), context, it’s use and access.
With a D&A statement, under Schedule 2 of The Town and Country Planning
(Environmental Impact Assessment) Regulations 2017 (Crown copyright, 2017) the scheme
would need an Environmental Impact Assessment as its past use comes under over 1,000 sqm of
production and processing of metals (shipyards) and the scheme can potentially come under as
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an Infrastructure Project. – As a brown field site which has had past use in manufacturing and
maintenance of boats and WWII landing craft, it is a reasonable assumption that there would
contamination of soil on the bank and in/by the river which would be made worse in
construction, if left unattended, this would be in breach of the Control of pollution Act 1974
(Crown copyright, 1974) and more specifically, the Rivers (Prevention of Pollution) Act 1961
(Crown copyright, 1961) which could, in such a sensitive site of conservation and nature, mean
an unlimited fine and/ or two year imprisonment if tried in Crown Court.

Funding Potential
Finance for the project is amongst the initial worries of the consortium however, for such
a project, the key to initial fund would be to generate a shared interest in the community for the
regeneration of the local economy with a favour towards providing additions of spaces for small
and local businesses such as cafes and craft oriented firms and invested interest for the potential
additions of affordable housing to alleviate the current need. The VDF highlights not only a
planning authority in favour to ‘ensure appropriate housing stock is available to meet local
needs’ but also to ‘support small-scale businesses and home working’ (Cheldmondiston & Pin
Mill Parish Council, 2015). In publicising such plans to include these programmes in the scheme
could draw in early invested interest providing equity funding, for both the housing and the
potential shops. Generating interest for ordinary shares in the project could be a potential for
upfront investment capital. SSSIs, AONBs and SPAs have a proven record of generating large
amounts of profit with ‘Public expenditure on SSSIs totals £101 million in England and £10
million in Wales annually’ (GHK Consulting Ltd, 2011) therefore, the scheme can be marketed
as an investment via shares.
Another potential avenue of funding can come from the European Union through various
means such as direct funding through grants which are eligible for business or organisations that
run projects that further the interests of the EU or contribution to implementing to an EU
programme or more likely, with this scheme, indirect funding through the European Structural
and Investment Funds such as: European Regional Development Fund for regional and urban
development; European Social Fund for social inclusion and good governance; and European
Agricultural Fund for Rural Development. The European Union have been known to provide
funding for the restoration and conservation of SSSIs so to comply with the ‘Water Framework
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Directive’ (The European Parliament and the Council of the European Union, 2000) and the
‘Habitats Directive’ (The European Parliament and the Council of the European Union, 1992).

Conclusion & Recommendations


With consideration to all points made with coarse and fine grain analysis it would seem
the scheme is feasible dependant on the funding and interest that it can generate before project
commencement. The public opinion of the project with have a great deciding factor on, not only,
the outcome of scheme and planning, but also whether the scheme generates the upfront fund it
needs and therefore whether the scheme goes ahead. The programme proposed put the scheme in
a strong position in terms of approval as it addresses the current needs of the area as highlighted
in the VDF. The setting and programme lends themselves to acquiring European funding in
promoting, enhancing and rejuvenating the natural surroundings. The scheme will, however, be
very front-end heavy, needing a lot of time before planning to generate a detailed scheme, which
collaborates with Natural England and various other authorities, to make sure the scheme is
sympathetic to the site, not only in the final finished produce, but also during construction phases
and post completion, as a sustainable, community friendly development which helps the local
economy to prosper.
Considering all the sensitive constraints on this site, it is recommended that the
scheme/development be managed as a phased operation. Starting with a focus on renovating and
rejuvenating the existing, such as the run-down existing buildings on the site, cleaning up of the
river and site of brown field contaminants and protection of river banks and public walkways.
After all such provisions are done, then should the scheme advance to developing the remaining
housing units in a fashion, empathetic to the site, possibly as separate smaller buildings rather
than one large one. Such a strategy will, most importantly, mean site works are as low-key as
possible, such as keeping intrusive large site vehicles kept to a minimum. Separated smaller
developments phased could help with assurance of funding and investments and aid with
planning. If the proposal was submitted for planning in whole it can have a possibility to be
rejected in such a sensitive site however, if the proposal was split up and submitted to planning
individually, then it is more likely each smaller development is approved and in that way even if
after 5 out of 10 smaller developments, the planning authority decides not to approve anymore,
there will still have half of the initial development approved.
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Specific Regulatory Instrument – Planning in Principle


Planning Permission in Principle is a concept introduced by the Housing and Planning
Act 2016 (Crown copyright, 2016), the Town and Country Planning (Brownfield Land Register)
Regulations 2017 (Crown copyright, 2017) and the Town and Country Planning (Permission in
Principle) Order 2017 (Crown copyright, 2017). Planning Permission in Principle is limited to
location, land use and the amount proposed to be developed and is done in two stages as it
separates the considerations of principle planning permission with the more technical details of
the permission and thus acts as an alternative method of obtaining planning permission for
housing-based developments. It must be noted that it is not limited to just housing developments,
but this system applies itself to developments based mainly on housing. The two stages are split
up as following:
- First stage is to gain establishment of a suitable site for the residential development and
gain approval of planning permission in principle.
- Second stage is when the specific design proposal is assessed, this is known as technical
details consent.
There are a few ways in which PIP can be attained. Local authorities in England can
assign PIP to certain sites in their brownfield register which must, by the end of 2017, have been
published. This register is available in two parts, sites which are brownfield sites suitable for
housing developments and sites which have already been given PIP and would only require the
technical details consent. Alongside this there are plans to identify some sites with PIP in local
and neighbourhood plans. Other ways to get PIP include a direct application to the local planning
authority, although this will have to be done by form published by the Secretary of State. The
main difference from PIP from the Local authority’s brownfield register and direct applications
is the time in which, following on from granted PIP, there is 5 months to be granted TDC with
brownfield registration and only 3 months with direct application for PIP. It should be noted that
CIL will still apply in the same way that it would to traditional planning permission once the
TDC have been granted and the development commences.
Under the current, rather slim and out of date Barbergh & Mid Suffolk Brownfield Land
register (Babergh & Mid Suffolk District Council, 2017) the site is not listed as a brownfield site
therefore it will not attain permission in principle via the route of the Brownfield Land Register
currently yet this can change as the register continues to be updated and as the neighbourhood
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plan gets developed. The Babergh & Mid Suffolk District Council may yet still decide later on
that the site should be entered on a brownfield land register under criteria set out in Regulation 4
of ‘The Town and Country Planning (Brownfield Land Register) Regulations 2017’ (Crown
copyright, 2017). The developement scheme is mainly housing based which aspirations which
contribute to the needs to supply more housing and small and local business opportunities as
described in the VDP. On top of this, it is acknoledge that two of the buildings within the site are
in an ill state and in need of renovation.
Fortunately, this register is not the only route the scheme can be granted permission in
principle. The scheme is mainly housing development based and since the 1st of June and once
the legislation has been enforced to full effect, PIP may be obtained through direct application.
However, applications made directly, made on a form published by the Secretary of State,
is only applicable to sites of nine residential units or less with less than 1000sqm of commercial
floor space and sites which do not need an EIA or habitats assessment, but can also be granted
for housing-led changes of use, including the conversion of buildings.
These criteria need not be a problem though, even though the scheme is to develop 100
housing units over a site of 10,000 sqm. Considering the sensitive nature of the site, the
constraints of Pin Mill Road with vehicle movement, the acknowledgement of the existing two
building in disrepair on the site (see figure 9 below) and the potential need for equity funding,
the scheme will have to be phased, potentially starting with the renovation of one existing run-
down building on the site which may not need an EIA and fits the criteria for PIP. The scheme
will also most likely not be a large single building development of 100 housing units but rather
split into smaller units which blend into and enhance the surroundings. This staged development
will keep the intrusion on the sensitive site down to a minimum. The PIP scheme’s need for TDC
submission will also work with the need for a detailed and meticulous design whilst working
with this sensitive site and the need for a detailed D&A Statement.
Phasing of development controlled by capital assurance, via equity funding or otherwise,
and via separated PIPs can provide a sense of assurance in progress and can also mean that little
monetary investment in the project will be at risk as the project will be only progressing step by
step but at a large cost of time which eventually equates back to monetary costs. The project will
take an enormous amount of time and cost upfront to make sure that the scheme adheres to all
IC/A1 FEASIBILITY STUDY 26

the sensitivities of the site whether PIP is adopted or whether it adopts the traditional planning
application route.
IC/A1 FEASIBILITY STUDY 27

Figure 9- Loss, Intrusion & Damage to the Area (Babergh District Council and Mid Suffolk District Council, 2007)
IC/A1 FEASIBILITY STUDY 28

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