Fisher German has a well-earned reputation for providing first-class property advice to clients across Cheshire, Staffordshire and districts to the north and west. We are delighted to announce that our teams of specialists based in Chester, Knutsford and Stafford have now been boosted by the arrival of a highly experienced town planner.

Mark Herbert, who has a successful track-record within the public sector and with other leading firms over almost thirty years, will operate out of all three offices to provide a highly localised planning service. Until now, the area has been well served by our planning team based centrally at Ashby de la Zouch, but as Hugh Maxfield, Office Partner at the Knutsford office, notes “the introduction of a senior planner dedicated to serving our patch can only be welcomed by both existing and new clients.”

Mark joined the firm late last year and has already developed a good working relationship with several large estates, farmers, and individual landowners assessing and progressing development opportunities for their land and buildings.

Any proposals to secure planning permission for all types of development within the open countryside, or to optimise potential value by converting agricultural buildings, are likely to benefit from Mark’s knowledge of the complex and ever-changing planning system. If you have land or built assets that you think could be put to more useful or valuable use, Mark would be delighted to have a discussion with you. 

For an initial free consultation please contact Mark on 07468 860082 or email mark.herbert@fishergerman.co.uk 

Our three offices in Chester, Knutsford and Stafford are already benefitting from the presence of a planning specialist based within the region. Fisher German provides property and land management advice to a wide base of clients, many of whom also need to secure a favourable planning outcome for their land or buildings. This requires a thorough understanding of the seemingly constant changes to planning policies and processes, and having a chartered town planner on board allows us to offer comprehensive and fully-updated advice, all with a local twist!

In recent years the changes have come thick and fast. Mark Herbert, as a chartered town planner, is well placed to advice colleagues and clients alike on the interpretation of the National Planning Policy Framework (2012) and the National Planning Practice Guidance (2013), as well as the amendments to the General Permitted Development Order (2014). These have substantially altered the planning context, not least across the rural areas where Fisher German predominantly specialises.

Mark’s knowledge has already proven beneficial, as, for example, he has been busy advising clients as to when and how agricultural barns can be converted to dwellings or offices by seeking ‘prior approval’ from local planning authorities LPAs). This process is intended to be simpler than full planning application but it is clear that some Councils are struggling to respond positively to the revised regulations.

Mark will also be keeping a close eye on further changes that may be in the pipeline. With the need to boost the building of new homes and ensure infrastructure improves to support economic growth, planning is now high up the agenda of the UK’s major political parties. As the General Election fast approaches, we are beginning to see how new national and devolved administrations may seek to introduce yet further changes. We will set out our analysis and commentary in the next edition of this newsletter.

The Election itself is already having a bearing on decision-making at a local level, as Councils fall to the temptation to delay difficult decisions on major or controversial development proposals. Mark is developing constructive relationships with Council planners across the region, and would be pleased to offer advice if you have any queries or concerns with regard to how this may affect you.

In today’s planning environment, understanding Local Plans - and the extremely lengthy and complex processes in their preparation – is absolutely critical. Local Plans, along with national planning policy, set the framework against which LPAs determine development proposals. However, as elsewhere in the country, across Staffordshire and Cheshire (and neighbouring North Wales, Merseyside and Greater Manchester), there is a very mixed picture when it comes to the publication of up-to-date Local Plans.

With each local authority having to prepare a Local Plan you may well be aware of the progress of the Plan for your patch. Some Councils have made solid progress in recent years, and may, for example, have a ‘Core Strategy’ (or Local Plan Part 1, with district-wide strategic planning policies) in place, whilst now working on an ‘Allocations’ development plan document (or Local Plan Part 2), with site-specific development proposals).

Elsewhere, progress may be slower, with a Core Strategy still to be adopted, or perhaps with only limited steps towards the preparation of a new-style Local Plan that encompasses both strategic and site-specific (allocations) policies.

These delays in producing an up-to-date plan can have serious consequences for the Council concerned; those local authorities that do not have an adopted Local Plan, and cannot demonstrate that they have a five-years’ supply of housing land are particularly susceptible to significant proposals for new residential development. It is this ‘window of opportunity’ that has become central to the planning process since the publication of the National Planning Policy Framework in 2012.

A key part of Mark Herbert’s role is to advise land-owners and prospective developers as to if and when a development proposal is best progressed through a speculative planning application and/or as a site promotion thorough an emerging Local Plan. For the right sites, and where funds may be tight, our development team based in Ashby de la Zouch will work closely with Mark and the three North West offices to seek to secure a third party partner to take the site forward on your behalf.

It is clearly essential to Mark’s role that he keeps abreast of Local Plan preparation across our region. Whilst Cheshire West and Chester, for example, is now close to adopting its Core Strategy, the position within Cheshire East continues to be unresolved. An examination into the Council’s Local Plan last year has now been suspended by the Inspector, and planning officers now have until this June to make a more convincing case in respect of the number of homes required and where they may be built. On the other hand, Cannock Chase Council, for example, has an adopted Core Strategy, but is now undertaking a review of its Green Belt as part of its forthcoming work on a Site Allocations document.

The planning position in both Cheshire East and Cannock Chase – as well as other local authorities across the region – therefore represents a potential opportunity now for land-owners to consider if and how development proposals can be progressed. If you wish to discuss what this may mean for your land please do not hesitate to contact our in-house planner Mark Herbert.

The glory of Chester Cathedral is five minute walk from our office, and in November it provided a fitting venue for the annual conference of the Historic Towns Forum.

Fisher German was represented by Mark Herbert, who has a masters qualification in built heritage, and very much enjoyed meeting members of the Forum and the local hosts, Chester Civic Trust.

As with most aspects of planning, heritage and conservation requires a thorough understanding of regulation, policy, finance and economic viability, and events such as this are vital in maintaining our professional knowledge and high quality of service. The Civic Trust’s motto is ‘Preservation and Progress’, which is a fitting reflection on the planning services that Mark is able to provide across our North West region; he is already assisting clients with the conversion of a Grade 2 listed building on the edge of Chester’s city centre, and with seeking the redevelopment of a listed, but long redundant, church in Warrington.

We have also recently welcomed Liz Farrall to the region. Liz specialises in compensation matters, and will have a particular focus on High Speed Two (HS2) on which she already has a track-record (sorry!) of advising clients with land-interests along the line.

The Government’s consultation on the proposed ‘safeguarding’ of the route of Phase 2 (Fradley to Crewe) closed earlier this month, and safeguarding directions are now awaited. We are also awaiting a consultation in regard to other sections of Phase 2, which is similarly likely to affect many along the proposed route through our region.

Safeguarding is a planning tool designed to protect the route of a major infrastructure project. If a development is proposed which would come into conflict with a planned route, such as HS2, then planning consent would not be granted. When safeguarding takes effect, HS2 Ltd becomes a consultee for relevant planning applications. This is why it may be in your best interest to seek early advice from Liz if you lie along the route of the high speed line; it may be prudent to seek planning permission now to maximise any potential value inherent within the property.

Likewise, the best laid taxation plans may no longer be relevant due to the proposed HS2, and we would be able to provide advice and enter into discussions with HS2 Ltd as appropriate. Similarly there is the impact of land being acquired, whether on a temporary or permanent basis; our specialists can assist with compensation claims for losses arising as a result of the proposed railway impacting directly upon your property. We can also assist with planning related matters where HS2 is cutting through farmsteads and planning permission is required for a new farmhouse or buildings.

If you are affected by the proposed High Speed Rail Phase 2 and would like to discuss this matter or any other compensation issue with Liz then please call Liz on 01785 275392 or write to her at liz.farrall@fishergerman.co.uk