David Tomback – Enabling Development notesWhat are the drivers for asset transfers?      National policy e g defence revi...
Started with the Royal Opera House (Court of Appeal 1988 R v. Westminster CityCouncil ex parte Monahan)Enabling developmen...
   SECTION 106      Comply with ODPM circular 05/05 so must be:-      Relevant to planning.      Necessary to make the...
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David Tomback Presentation Notes (B)

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Transcript of "David Tomback Presentation Notes (B)"

  1. 1. David Tomback – Enabling Development notesWhat are the drivers for asset transfers?  National policy e g defence reviews, NHS policy  Smaller government e g mergers of local authorities  Asset Management Plans (required since 2000)  Targets to raise receipts from asset sales  Estate rationalisation– fewer sites  Operational efficiency e g sell the less efficient buildings  Big Society agenda – transfer to community groups  Localism Bill – land of community valueGeneral Disposal Consent (England) 2003Local authorities are allowed to transfer land and buildings at less than market value,whether on a lease or freehold basis, where this ‘would help to secure the promotionor improvement of the economic, social or environmental well-being of its area’The futureExpect more of:Disposals of heritage assets by public bodies - Communities bidding to take on heritage assets - Increased role for Building Preservation Trusts, social enterprises, partnerships, ‘community interest companies’ - Increased demand for support and advice from organisations such as English Heritage, HLF, Architectural Heritage Fund, Asset transfer UnitExpect less of: - grants from government agencies, including EH - Big dowries from the MOD and other departments - Funding from government departments and local authorities to maintain and repair their heritage assetsThe economy  UK GDP contracted 0.5% in Q4 2010. Double dip – inflation –  2010 saw a moratorium on lending -funding is the key.  Government review of banking due in September.  Yet FTSE hovering around 6,000  Been there before! Seen four booms and busts in lifetime.Feasibility Studies  Regeneration through Heritage handbook – Prince’s Regeneration Trust.  Feasibility study process – Michael Stratton’s Industrial Buildings: Conservation and Regeneration  Realistic and robust business plan  Perhaps the need for amore accessible guidance?  IS ENABLING DEVELOPMENT THE SOLUTION?
  2. 2. Started with the Royal Opera House (Court of Appeal 1988 R v. Westminster CityCouncil ex parte Monahan)Enabling development is the means of securing the long term future of a heritageasset when conservation through development in compliance with policy cannot doso.PLANNING POLICY STATEMENT 5Policy HE11: Enabling DevelopmentLocal planning authorities should assess whether the benefits of an application forenabling development to secure the future conservation of a heritage asset outweighthe disbenefits of departing from the development plan (having regard tothe requirements of section 38(6) of the Planning and Compulsory Purchase Act2004) or from national policies, taking into account whether:it will materially harm the significance of the heritage asset or its setting• it will avoid detrimental fragmentation of management of the heritage asset• it will secure the long term future of the heritage asset and, where applicable, itscontinued use for a purpose sympathetic to its conservationit is necessary to resolve problems arising from the inherent needs of the heritageasset, rather than the circumstances of the present owner, or the purchase price paid• there is a source of funding that might support the heritage asset without the needfor enabling development• the level of development is the minimum necessary to secure the futureconservation of the heritage asset and of a design and type that minimises harm toother public interests.Note 16 - Caveat Note that these criteria are listed as a starting point,what is a material consideration will always depend on the circumstances of the individual case and this list is not comprehensive.Market TestingPPS5 – HE9.3Guidance – it has to be genuine!BPTs should be aware of the properties in their patch.Have made contacts with reputable developers/LPA/Conservation officersWhen market testing completed and concept of enabling development allowed, thatis the time when opportunity knocks.Developers can be white knights or white sharks, there are all types. Whendevelopers and BPTs work together:  Each party has something important to offer.  The BPT takes on the historic entity  The developer takes on the new build  Both sides can benefit and learn from the experienceTo secure the benefit from Enabling Development
  3. 3.  SECTION 106  Comply with ODPM circular 05/05 so must be:-  Relevant to planning.  Necessary to make the proposed development acceptable in planning terms.  Directly related to the proposed development.  Fairly and reasonably related in scale and kind to the proposed development.  Reasonable in all other respects.Problems can include  Accuracy of Development appraisals  Phasing  Level of developer’s profit  Additional unforeseen costs  Market surge/failure  Developer goes bust half way through developmentBig Society:‘The Government will make it easier for communities to take on community assetsthrough the community right-to-buy provisions in the Localism Bill. Practical help isalready available from the government-funded asset transfer unit and from theCommunity builders programme, and the big society bank will step in to help socialenterprises and voluntary sector organisations early next year.’ (Andrew Stunell,Parliamentary Under Secretary of State, CLG answer to PQ, Nov 2010)ConclusionEnabling development a valid, if inefficient, means of securing future of heritageassets through public subsidy  Take into account whether there will be material harm to the significance or setting.  avoids fragmentation of management.  Secures long term future.  Minimum necessary and benefits outweigh disbenifits.  Enabling development can provide a platform for making a Trust more financially stable in the future.  The partnership between the private developer and the BPT is an opportunity for both sides to learn from each other.  It is not easy!However, don’t be afraid!

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