Bringing you thought provoking opinion articles from our experts and the recent news from within our Planning & Development division.

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A recent change to the Use Classes Order system in England is already having a substantial impact on our town centres: both the composition of future high streets, and more specifically, the various roles that healthcare will play in high streets of the future.

The new Class E use class category, which has been created for commercial, business and services, is wide-ranging in its effects and will create greater flexibility for changes in use between what were previously separate use classes.  This includes shops, office buildings, research and development facilities, clinics, health centres, creches, day nurseries, day centres, gyms and most indoor recreation uses. For instance, a surgery may now convert to a soft play centre, a research facility to a retail unit or a dentist to a day nursery without the need for planning permission.

This change has come about to help protect the future of our high streets and town centres. And the policy shift indicates a belief that alternative occupants – particularly those, such as healthcare, which are less dependent on economic cycles – are an important component of the solution.

Carter Jonas recently examined the potential impact of these changes by analysing data on the retail stock in 30 of the largest city centre retail markets in England, not including London.  The 30 centres were found to have a total retail stock of 55 million sq ft and office space equating to 145 million sq ft. This equates to almost 200 million sq ft of retail and office space across these 30 town centres that has the potential to transfer to other uses contained within Class E. 

Prior to the pandemic, the potential for a GP surgery to relocate to a former retail or commercial unit was not only complicated by planning issues but was unlikely to be financially viable.  However, with a significant number of shops now redundant, landlords have taken a more flexible approach to accommodating those tenants that are unlikely to be impacted by future recessions or lockdowns.

And that is exactly what is happening.  Exacerbated by the pandemic, entire rows of shops are now closed, and large department stores, which once provided the ‘anchor’ to major shopping centres, along with convenience, footfall and employment, are closing at an alarming rate. In many instances, it is healthcare occupants which are taking up these properties.

In Oxford, where I am based, the large four storey Debenhams department store, which had served the city since the 1800’s as a retail premises, closed in 2020. But the building will not stand empty for long. Now that the building is known to be vacant, Carter Jonas has been contacted by various life sciences operators enquiring after its potential suitability for their use. Increasingly, these types of businesses are looking for lab space in cities where they can work closely alongside universities and attract young professionals. That such central and iconic buildings might be occupied by a life sciences company represents a significant step forward for the industry which traditionally, tend to be located in out-of-town science parks.

A change of similar proportions is being seen at the Clarendon Centre.  This 1980s covered shopping centre in central Oxford is currently allocated purely for retail use.  However, the planning application that we have submitted recently has a much smaller retail component the scheme and includes provision for life sciences, research and development facilities, along with other mixed uses including student accommodation.  The future Clarendon Centre will no longer be primarily a shopping centre; it will be a mixed-use building with healthcare at its heart. Again, this will benefit local healthcare and medical research organisations. It also adds to the viability of the scheme and brings vitality back into the City Centre.

It was reported recently by Planning magazine that amid the coronavirus-instigated economic crisis that is currently battering most high streets, few landlords, occupiers or developers have so far made use of the new freedoms brought about by the use class relaxation. But our experience in healthcare is quite the opposite. 

On a national scale, the NHS’s estate rationalisation programme aims to release surplus land for much-needed housing, nursing homes and a host of other facilities to recycle capital into the Health Service. It now has much greater freedom with which to do this. As we look forward to the Government fulfilling its election promise of creating 40 new hospitals, the potential for diversification, new locations, and integration with other facilities, including transport networks, is much improved. 

Healthcare may be the answer to many more of the nation’s problems than we first thought. 

For further information, please contact a member of our team:

Huw Mellor
Partner
07739 519195
Huw.Mellor@carterjonas.co.uk

Carter Jonas in the news

Beaverbrook Hotel, near Leatherhead, 10 years after getting permission for the hotel (referred to as ‘The House’) health club and Spa, restaurants, cookery school and golf course.

Over the past few years Beaverbrook has received high praise from many international travel writers and hotel and restaurant writers, with Condé Nast including it in its ‘Hot List’ of most exciting places to stay.

To complement the existing guest rooms, the former workers’ cottages at Mickleham Downs are to be redeveloped to provide 21 rooms that are able to accommodate groups and families of all sizes in slightly less formal surroundings, but without conceding any of the luxury. 

The cottages are set around a central courtyard and offer a separate dining room and shared family room which is ideal for entertaining. A short distance up the valley, permission has been granted to extend the Dower House to create a 5-bedroom guest house for those seeking a little more privacy. 

planning bulletin article image article oct 21 planning permission

Great effort has been put into the development’s energy and thermal efficiency and other sustainability credentials, whilst maintaining the architectural aesthetic of the original cottages that are to be replaced. Even the link to, restaurants and spa will be via electric buggies that will pass through the ancient yew trees and along the original estate drive which sweeps up to the House. It is hoped that the new accommodation will be opened in 2023.

For further information, please contact a member of our team:
 
Peter Edwards

Consultant
07770433519

Carter Jonas’ Cambridge planning team were instructed by the Guster Group (a longstanding client) acting on behalf of Mill House Court Ltd to submit and manage a written representations appeal against a refusal by Uttlesford District Council to grant planning permission for the development of a block of eight residential apartments at Wendens Ambo, Saffron Walden in Essex.

Following a lengthy planning application process and a refusal based upon alleged heritage impacts, an appeal was submitted in October 2020. The appeal decision was allowed in October 2021 granting planning permission for the scheme. Following the Inspector’s assessment of appellants’ statement of case it was concluded there would be no unacceptable harm to designated heritage assets. 

Carter Jonas had also applied on behalf of the client for a full award of costs, which was subsequently allowed. In the costs decision, the Inspector concluded: ‘I consider that the Council’s case has not indicated that a thorough and balanced assessment has been undertaken…The submissions indicate a confused, confusing and inaccurate assessment which lacks the necessary rigour.’ The Inspector further stated, ‘the Council has sought to prevent and has delayed development which should reasonably have been allowed…this has incurred unnecessary expense and delay which the appellant should not have had to incur’.

The brownfield site is in a highly sustainable, high demand location, located close to Audley End railway station on the London to Cambridge line. The proposals are for a high-quality development which we look forward to coming to fruition.

planning bulletin article oct 21 wendons ambo

(Image source: Moses Cameron Williams Architects, taken from Design and Access Statement)

For further information, please contact a member of our team:

Matt Hare
Partner
07796 148843
matt.hare@carterjonas.co.uk

On 25th September, Katherine Jones, Associate in the P&D South and South West team, represented Great Britain at the European Triathlon Championships in Valencia.

The event was a sprint-distance triathlon which took place in and around Valencia marina against some of the top age group triathletes in Europe. Katherine qualified for Team GB for the European Triathlon Championships in 2019 and was due to race in the finals in Sweden in 2020, but the covid-19 pandemic prevented that from taking place and so the event was moved to an alternative destination in 2021.

Katherine Jonas Triathalon

Despite going into the event with an injury which prevented any running for 8 weeks before the race, Katherine finished 11th in her age group against a very tough field of competition.

Carter Jonas proudly supported Katherine in her lead up to the event.

The next edition of Planning & Development Bulletin will be published in November, however you can keep up-to-date with our latest firmwide developments on the News & Events section of our website.

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Colin is a Partner and was appointed Head of Planning & Development Division in November 2020, he is based out of our Cambridge office.  He has over 25 years’ experience of planning consultancy and has a broad sphere of work.  He acts for a wide range of private, institutional and developer clients and has worked on significant planning applications and appeals.

He regularly instructs Counsel, and has appeared at a number of Local Plan examinations and in Section 78 and other appeals where he has often given evidence.  He carries out much land promotion work and has a strong track record of delivering planning consents taking projects through their entire process from site identification to construction on site.  

Away from work, Colin is Chairman of the Cambridge Forum for the Construction Industry and of the Cambridge branch of networking group, Interact.  He is also Chairman of the Dining Rights Committee at the Hawks’ Club, a sporting club in the City for Cambridge University sportsmen. He is a regular, if poor golfer, a keen cyclist and a committed, but somewhat less dangerous skier than he once was.

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James is Chairman of Carter Jonas.  Formerly Head of the Planning & Development Division, James advises clients on proposed development projects throughout the south of England with nearly 30 years of experience in residential and mixed use development.  This includes site identification, project management of planning and development strategies, valuation and viability appraisals, marketing and sale of development opportunities. He has specific expertise in option, promotion and other development agreements, joint ventures and landowner equalisation agreements. James has been involved in sites ranging from new settlements to city centre regeneration and smaller provincial and rural schemes, and also provides expert witness and independent expert valuation services for dispute resolution.

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Nick is a chartered town planner and development surveyor with over 25 years' experience, gained across the residential, commercial, retail and industrial sectors for corporate, institutional and private landowners and developers. He has worked at CBRE and Drivers Jonas Deloitte. His professional experience is in three main sectors – Strategic Land / Projects, Retail / Mixed-Use and Central London. Strategic Projects / Land involves the promotion of land for commercial and residential development for landowners and developers. Retail / Mixed-Use schemes are a blend of edge of centre and town centre mixed-use schemes with food stores and other uses, often residential. This sector includes regeneration and waterside schemes. Central London focuses on projects from Canary Wharf to Hammersmith and Camden down to Wandsworth, Southwark and Lambeth.

When he isn’t working, Nick can be found playing golf (increasingly badly) and spending time re-stocking and emptying his wine cellar to indulge his passion for wine.

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Steven is Partner and Head of Planning Southern Region and is based in our Oxford office.

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John is Head of the Leeds office and the Planning & Development Team North. John advises clients on proposed development projects throughout the North of England.  He has over 30 years’ experience in residential and commercial development acting for private, corporate, institutional, charity and public sector clients.

This includes site identification, project management of planning and development strategies, valuation and viability appraisals, marketing and sale of development opportunities.

John has specific expertise in Options, Promotional Agreements, Joint Ventures and Conditional Contracts, acting mainly for landowners.  John has been involved in projects such as new settlements, to city centre regeneration, provincial sites, large commercial developments and site sales.

The Development Agency team are currently instructed on 6,500 acres in 150 locations across the North West, Yorkshire and the North East.

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