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Modified: 03-Feb-2010

Design - Advice for Inspectors

Relevant Guidance

Planning Policy Statement - PPS1 – Delivering Sustainable Development

Further guidance can also be found in

PPG3 – Housing
PPS6 – Planning for Town Centres
PPS7 – Sustainable Development in Rural Areas
PPG13 – Transport
PPG15 – Planning and the Historic Environment
PPG21 – Tourism
PPS22 – Renewable Energy

Other publications

By Design – Urban design in the planning system: towards better practice, DETR/CABE, 2000*
Safer Places – the Planning System and Crime Prevention, ODPM/Home Office, 2004*
Planning and Access for Disabled People: a Good Practice Guide, ODPM, 2003*
By Design – Better places to live (companion guide to PPG3), DTLR/CABE, 2001*
Guidance on Tall Buildings, English Heritage/CABE, 2003†
Design Bulletin 32: Residential Roads and Footpaths, Second Edition, DoE/DoT, 1992
Places, Streets & Movement (companion guide to DB32), DETR, 1998
Site layout for sunlight and solar gain, BRE Information Paper 4/92, 1992
Site layout planning for daylight, BRE Information Paper 5/92, 1992
Site layout planning for daylight and sunlight: a guide to good practice, BRE, 1991
Planning for Town Centres:  Guidance on Design and Implementation Tools, ODPM, 2005*  PPS1, in paragraph 37, directs local planning authorities to have regard to these documents
†    CABE has a wide range of publications on design, to be found at www.cabe.org.uk

Contents

1-6 Introduction
7-16 Government policy
17-18 Local policy
19 The Inspector’s task
      20-24 Urban design
      25 Contextual design constraints
      26-27 General design constraints
      28 Illustrative material
      29-31 Conditions and legal agreements
      32 Absence of evidence/representations
ANNEX A – Government policy

Introduction

1. The Government is committed to good urban design Footnote 1 through its policiesFootnote 2 and their applicationFootnote 3.  It is at the core of creating high quality, sustainable places wherever new development occurs.  It is central to delivering the vision set out in the Urban White Paper.  And it is integral to the Rural White Paper.  A Ministerial statement in December 2000 stressed that the Government’s commitment to better urban design was not a passing fad.  Research on the value of urban design published jointly by CABE and the DETR in 2002Footnote 4concluded that, as well as social and environmental benefits, better urban design brings economic benefits and secures more profitable and sustained regeneration activity.

2. Evidence that the commitment to better urban design is not a passing fad is to be found in section 42(1) of the Planning and Compulsory Purchase Act 2004.  It amends section 62 of the principal Act so that a development order (making provisions as to applications for planning permission to a local planning authority) must require, by virtue of clause (5), that an application is accompanied by ‘a statement about the design principles and concepts that have been applied to the development’ and ‘a statement about how issues relating to access to the development have been dealt with’. 

3. The foreword to By Design – Urban design in the planning system: towards better practice, published jointly by DETR and CABE in 2000,Footnote 5 highlights the increasing significance that the Government has been attaching to design.

‘Good design is essential if we are to produce attractive, high quality, sustainable places in which people will want to live, work and relax.  It is fundamental to our objective of an urban renaissance.  We do not have to put up with shoddy, unimaginative and second-rate buildings and urban areas.  There is a clamour for better designed places which inspire and can be cherished, places where vibrant communities can grow and prosper.  To achieve this we need to effect a culture change …’

4. But what is good design?  And is good urban design different to good architectural design?  In fact, design encompasses an array of factors from the general to the contextual and site-specific.  ‘Place making’ is what good design is about.  This paper cannot define good design.  Instead, it attempts to set out the various different influences and constraints on the design process and to suggest how they may be weighed in the balance in assessing whether a development proposal constitutes good design.  The guidance applies whatever the scale of development being considered.

5. Good design is not simply about making places and spaces visually attractive, important though that is.  It is also about ensuring:

6. Design, in its broader sense, must encompass matters such as sustainability, the use of renewable energy and measures to prevent crime.Footnote 6  It is part of the Inspector’s role to test designs against these and other objectives.  It will sometimes be necessary to come to a conclusion that balances the appearance, or architecture, of a proposal against possible deficiencies, or missed opportunities, in those broader design aspects.  The main purpose of this advice, however, is to set out an approach to answering two straightforward questions.  Will it look good?  Will it work for the people who will wish to use it?

Government policy

7. Policy on design is to be found primarily in PPS1 Delivering Sustainable Development.  Annex A to this chapter has a résumé of what is said in PPG3, PPS6, PPS7, PPG13, PPG15, PPG21 and PPS22.

8. In setting out the Government’s Objectives for the Planning System, paragraph 5 of PPS1 states that ‘Planning should facilitate and promote sustainable and inclusive patterns of urban and rural development by [amongst other things] ensuring high quality development through good and inclusive design and the efficient use of resources’. 

9. The Key Principles given in paragraph 13 include:
‘(iv) Planning policies should promote high quality inclusive design in the layout of new developments and individual buildings in terms of function and impact, not just for the short term but over the lifetime of the development.  Design which fails to take the opportunities available for improving the character and quality of an area should not be accepted.’

10. Under the heading of Planning for Sustainable Development, paragraph 20 says that ‘Development plan policies should take account of environmental issues such as … the need to improve the built and natural environment in and around urban areas and rural settlements, including the provision of good quality open space’.

11. Design is dealt with under its own sub-heading in paragraphs 33-39.

    (paragraph 35)

12. Paragraph 37 specifically refers to By Design – Urban design in the planning system: towards better practice;  By Design – better places to live;  Safer Places – the Planning System and Crime Prevention;  and Planning and Access for Disabled People: A Good Practice Guide. 

13. Paragraph 38 advises that ‘design policies should avoid unnecessary prescription’, that ‘local planning authorities should not attempt to impose architectural styles or particular tastes’ and that they ‘should not stifle innovation, originality or initiative’.  It does note, however, that it is proper ‘to seek to promote or reinforce local distinctiveness particularly where this is supported by clear plan policies or supplementary planning documents on design’.

14. Good design is clearly an integral and important element of PPS1 and thus an important element of Government planning policy generally.  What is said about design in other PPGs/PPSs should be taken to be flowing from or elaborating upon the guidance in PPS1.

15. Paragraph 34 of PPS1 introduces two separate tests in its final sentence.  Design which is inappropriate in its context should not be accepted – and – design which fails to take the opportunities available for improving the character and quality of an area and the way it functions should not be accepted.  The latter is virtually a restatement of the Key Principle set out in paragraph 13(iv). The only difference, the reference to the way an area functions, accentuates that high quality design is not just about attractive and appropriate appearance but also, depending on the proposal, about its layout and accessibility. The aim stated in paragraph 35 is ‘high quality and inclusive design’.  A design which is appropriate in its context will most likely be acceptable if that context is itself of high quality – the opportunity for improvement on what is there having been achieved by matching the proposed design to the quality of the context.  Where the context is of moderate or poor quality, however, the opportunity for improvement will be more obvious and design that would merely be appropriate to that context may not have the quality one might wish for. 

16. The guidance in PPS1 is thus consistent with the statutory duty relating to development in a conservation area, where designation recognises the architectural or historic character or appearance of the area as worthy of preservation or enhancement.  A design which is appropriate in its conservation area context will satisfy the first test in PPS1 but the second, relating to the opportunity for improvement, may well not arise – because the character of the area is already recognised as of high quality.

Local policy

17. The primary means of ensuring that an appropriate standard of design is achieved in all scales of development is in the hands of local planning authorities, through development plan policies, supplementary planning documents and development briefs – and through the enlightened application of those tools.

18. Recent years have brought a range of publications from Government departments and other organisations suggesting how the objective of improving design standards might be taken forward, including examples of well thought out policy.Footnote 7  None of the publications purports to provide a blueprint for good practice but their collective purpose is to stimulate thought and suggest objectives and criteria that might be appropriate in particular circumstances.  It remains, however, a fundamental rule that policies and guidance must be based on a full understanding of the local context and circumstances.  This is at the heart of successful policy formulation and the subsequent considered evaluation of specific proposals.

The Inspector’s task

19. It is impossible to lay down hard and fast rules to be followed in the assessment of project design.  The Inspector will be assisted by national policy and guidance as well as by local development plan policy and supplementary planning guidance.  Clearly, the relevance and the weight ascribed to different policy aspects will depend on the circumstances of the case.  Remember that PPS1 gives weight to the promotion or reinforcement of local distinctiveness where that is supported by clear plan policies or supplementary planning documents – although, consistent with the advice not to impose architectural styles or particular tastes, such policies should be supported by clear analysis to justify why the advocated approach is appropriate.

Urban design

20. By Design - Urban design in the planning system: towards better practice usefully sets out the objectives, or principles, of urban design – reminders of ‘what should be sought to create a successful place’.

Character – a place with its own identity

to promote character in townscape and landscape by responding to and reinforcing local distinctive patterns of development, landscape and culture

Continuity and enclosure – a place where public and private spaces are clearly distinguished

to promote the continuity of street frontages and the enclosure of space by development which clearly defines private and public areas

Quality of the public realm – a place with attractive and successful outdoor areas

to promote public spaces and routes that are attractive, safe, uncluttered and work efficiently for all in society, including elderly and disabled people

Ease of movement – a place that is easy to get to and move through

to promote accessibility and local permeability by making places that connect with each other and are easy to move through, putting people before traffic and integrating land uses and transport

Legibility -  a place that has a clear image and is easy to understand

to promote legibility through development that provides recognisable routes, intersections and landmarks to help people find their way around

Adaptability – a place that can change easily

to promote adaptability through development that can respond to changing social, technological and economic conditions

Diversity – a place with variety and choic

to promote diversity and choice through a mix of compatible developments and uses that work together to create viable places that respond to local needs

 

21. It then sets out the aspects of development form, the characteristics of physical development, which enable the more abstract objectives of urban design to be realised.

Layout: urban structure – the framework of routes and spaces that connect locally and more widely, and the way developments, routes and open spaces relate to each other

the layout provides the basic plan on which all other aspects of the form and uses of a development depend

Layout: urban grain – the pattern of the arrangement of street blocks, plots and their buildings in a settlement

the degree to which an area’s pattern of blocks and plot sub-divisions is respectively small and frequent (fine grain) or large and infrequent (coarse grain)

Landscape – the character and appearance of land, including its shape, form, ecology, natural features, colours and elements and the way these components combine

this includes all open space, including its planting, boundaries and treatment

Density and mix – the amount of development on a given piece of land and the range of uses;  density influences the intensity of development and, in combination with the mix of uses, can affect a place’s vitality and viability

the density of a development can be expressed in a number of ways – in terms of plot ratio (particularly for commercial developments), numbers of dwellings or the number of habitable rooms (residential developments)

Scale: height – scale is the size of a building in relation to its surroundings, or the size of parts of a building or its details, particularly in relation to the size of a person;  height determines the impact of development on views, vistas and skylines

height can be expressed in terms of the number of floors;  height of parapet or ridge;  overall height;  any of these in combination;  a ratio of building height to street or space width;  height relative to particular landmarks or background buildings;  or strategic views

Scale: massing – the combined effect of the arrangement , volume and shape of a building or group of buildings in relation to other buildings and spaces

massing is the three-dimensional expression of the amount of development on a given piece of land

Appearance: details – the craftsmanship, building techniques, decoration, styles and lighting of a building or structure

this includes all building elements such as openings and bays, entrances and colonnades, balconies and roofscape, and the rhythm of facades

Appearance: materials – the texture, colour, pattern and durability of materials and how they are used

the richness of a building lies in its use of materials which contribute to the attractiveness of its appearance and the character of an area

22. These urban design principles, or aspects of development, apply equally to urban design in general and to the architecture of an individual building in particular.  None of them militates against modern (or innovative or original) design.  It is nearly always possible to achieve the scale, character and appearance appropriate to the context through modern design as well as by a more traditional approach.  On the other hand, a proposal seeking to reflect an earlier style may easily be let down by the lack of traditional detail, ornamentation in particular, or by the inability nowadays to replicate traditional techniques.Footnote 8 

23. Inspectors’ decisions have been criticised in the past for letting through the bland or mediocre because those very qualities mean that the scheme in question would do no serious harm.  PPS1 encourages a more robust line.  On the one hand, you are entitled to conclude that a proposal which seeks to reflect the traditional approach to design but which lacks the appropriate proportion, solid-to-void ratio or refinement of detail is ill-conceived – because it fails to achieve what it aspires to.  On the other, do not be afraid of the contemporary or innovative.  A modern design must, of course, be carefully scrutinised – but the approach may be perfectly appropriate provided that massing, proportions (overall and of individual elements) and the quality and refinement of detail and finish will allow the proposal to sit comfortably amongst more traditional neighbours.

24. Also, it must always be remembered that a brilliant architectural design may nevertheless be poor in urban design terms, may not provide an appropriate environment for its occupants, may diminish the environment of neighbouring development or may simply be unsustainable.  The way the proposed development would sit in its setting is taken into account in the above principles of urban design (in particular, character, continuity and enclosure and legibility) and in the aspects of development (urban structure, urban grain, density and mix, height and massing).  But other potentially important design constraints are not necessarily addressed in purely urban design terms.  Some are contextual;  some are of more general application.

Contextual design constraints

25. These include the environment for those who would occupy the building and the effect on the environment of the occupiers of adjoining property.  The questions that may be asked include the following.  And they apply regardless of the size or scale of the proposal.

General design constraints

26. There are certain things that should be the objective of any development proposal but where the extent to which they can be achieved may be beyond the control of the project designer.  The questions that may be asked include the following.

27. Some of these may be beyond the control of the project designer.  For example, the location of the project may limit its sustainability but it may be valid for other reasons.  Or the nature of the proposed use may constrain the type of construction.  Or it may limit the opportunity for flexible design to enable other or modified future uses.

Illustrative material  

28. All the above aspects of good design can be addressed only if there is adequate material to explain and illustrate the proposal.  If there is a design issue in an appeal, the Inspector is entitled to expect illustrative material to address that issue.  Check List 2 in By Design - Urban design in the planning system: towards better practice sets out the information requirements for a planning application.  At the same time, there may be matters which it is clear can easily and satisfactorily be dealt with by planning condition, or by a planning obligation if one has been offered.

Conditions and legal agreements

29. Conditions can be of vital importance in ensuring that an appropriate standard of design is achieved by new development.  The model conditions in Circular 11/95 may have to be tailored to the particular circumstances in order to achieve the desired objective.  On occasion, implementation of only part of a proposal might have a harmful townscape impact, in which case, if the decision would otherwise have been to dismiss, a condition may be required to ensure completion of development in its entirety and as designed.Footnote 9  Conditions will more regularly be required to control the design details of a scheme (such as materials, finishes or window design) where the drawings show only in principle that a satisfactory solution is possible.  Where such details are called for careful consideration must be given to precisely what is required.  A condition to control external facing materials may have to seek samples or even sample panels (for example, of masonry) to ensure a satisfactory result. 

30. In certain circumstances, conditions requiring the redesign of one element of a scheme may be appropriate and reasonable (where that element undermines an otherwise appropriate overall approach and is itself susceptible to change) but precision would be essential in the drafting of the condition.  On larger schemes, where development will take place over a long period, outline permissions may require the detailed design to be in accordance with a brief or masterplan (which may itself, if not explicit in the application, be required to be approved by means of a condition);  a condition requiring adherence to a masterplan may, if appropriate, allow for the up-dating of that plan.

31. Section 106 obligations can be used to cover matters which are integral to an acceptable design but which it is difficult properly to control by planning conditions.  ‘For example, they can be useful to ensure the provision of additional design features within or relating to the site which are closely related to the overall quality of the urban design outcome whilst not being a part of the planning application as such.  Examples of this include the provision of public artworks on or around the site, the commitment to restore retained historic features and the delivery of environmental improvements to streets and public space which adjoin or give access to the development.’Footnote 10  Consideration may be given, as an alternative, to whether a negative condition (restraining a start to development, or its occupation, until particular works have been carried out in accordance with details first approved by the local planning authority) would achieve the necessary result.

Absence of evidence/representations

32. There will undoubtedly be occasions when an Inspector is concerned about the design quality of a proposal even though that has not been raised by the parties.  In inquiries or hearings, the matter can be raised on the day.  Whether it can be dealt with on the day, or will require an adjournment or, exceptionally, may be dealt with by subsequent written representations (limited to the subject), will depend on the nature of the concern and the ability of those present to respond themselves.  In written representations cases, it may, very occasionally, be both possible and appropriate to dismiss an appeal for design reasons even though the parties have not raised the matter – but natural justice would almost always require the parties to be given the opportunity to make further representations.

ANNEX A – Government policy

  1. Several PPGs/PPSs contain references to design in their particular contexts.  The following résumé is not necessarily exhaustive.
  2. In PPG3 Housing, paras 1 and 2 both identify good design as important.  More specifically, the chapter on Creating Sustainable Residential Environments (paragraphs 46-75) contains numerous references.  Local planning authorities should promote ‘greater emphasis on quality and designing places for people’ (para. 46).  Greening the Residential Environment (para. 52) notes that ‘well designed layouts can contribute to the energy efficiency of new housing’.  The section on Designing for Quality indicates the advantages of good design and layout generally (para. 54) and sets out five aspects of design which should be the subject of adopted policy (para. 56).  The standards which local planning authorities apply to new housing, particularly with regard to roads, layouts and parking, should avoid the profligate use of land and unduly restrictive density ceilings should be avoided (para. 57).  Parking policies should be framed with good design in mind (para. 60).  Paras 63-64 come under the sub-heading ‘Rejecting Poor Design’.  ‘… local planning authorities should reject poor design particularly where their decisions are supported by clear plan policies and adopted supplementary planning guidance … Applicants for planning permission for housing development should be able to demonstrate how they have taken account of the need for good layout and design …’. 
  3. In PPS6 Planning for Town Centres, para. 2.19 stresses the need for well-designed public spaces and buildings, and for policies to help achieve that.  PPS6 is accompanied by supporting guidance on design and implementation tools which highlights, amongst other things, the importance of maximising the use of the site and the amount of active street frontage, of avoiding standard designs inappropriate to the context and of paying attention to roofscape and the design of the public realm.  It also draws attention to the role of master plans and development briefs.
  4. In PPS7 Sustainable Development in Rural Areas, the Government’s objectives for rural areas include ‘good quality, sustainable development that respects and, where possible, enhances local distinctiveness and the intrinsic qualities of the countryside’.  It refers in para. 1 to the approach to planning for sustainable development in PPS1, emphasising (amongst other things) the need for ‘good quality, carefully sited, accessible development’ and that ‘all development in rural areas should be well designed and inclusive, in keeping and scale with its location and sensitive to the character of the countryside and local distinctiveness’.  It also notes, in para. 12, that many country towns and villages are of considerable historic and architectural value or otherwise make an important contribution to local countryside character;  it says that development should respect and, where possible, enhance those particular qualities – but also encourages a positive approach to innovative, high-quality contemporary design that is sensitive to its setting.  Para. 11 notes that ‘very occasionally the exceptional quality and innovative nature of the design of a proposed, isolated new house may provide special justification for granting planning permission’;  a ministerial statement has confirmed that the wording does not exclude ‘a design reflecting the evolution of architecture from its historic roots’. 
  5. PPG13 Transport contains a section on Design, Safety and Mix of Uses (paras 28-30) which indicates that new development should help to create places that connect with each other sustainably, that people should come before traffic and that places which work well are designed to be used safely and securely by all in the community.
  6. PPG15 Planning and the Historic Environment is concerned primarily with listed buildings and conservation areas.
  7. PPG21 Tourism notes (in para. 5.30) notes that good design should be the aim of all those involved in the development process and that design will be of great importance in the case of developments in the countryside in general, as well as in areas of high landscape value, historic towns and other environmentally sensitive areas.
  8. PPG22 Renewable Energy has as one of its key principles (in para. 1) that ‘renewable energy developments should be capable of being accommodated throughout England in locations where the technology is viable and environmental, economic and social impacts can be addressed satisfactorily’.  It emphasises the need for environmental consideration and indicates the weight to be given to any harmful impact in relation to international, national and local designations (paras 9-17).  It considers (in para. 18) that ‘small scale renewable energy schemes utilising technologies such as solar panels, Biomass heating, small scale wind turbines, photovoltaic cells and combined heat and power schemes can be incorporated both into new developments and some existing buildings’;  such schemes are to be encouraged.  It also notes (in paras 19-21) that ‘the landscape and visual effects of particular renewable energy developments (most obviously, wind turbines) will vary on a case by case basis according to the type of development, the location and the landscape setting’.  Proposals ‘should be assessed using objective descriptive material and analysis wherever possible’ and policies in local development documents ‘should address the minimisation of visual effects’.

1.    PPG1, now superseded, defined urban design as – ‘the relationship between different buildings; the relationship between buildings and the streets, squares, parks, waterways and other spaces which make up the public domain;  the nature and quality of the public domain itself;  the relationship of one part of a village, town or city with other parts;  and the patterns of movement and activity which are thereby established:  in short, the complex relationships between all the elements of built and unbuilt space’.  The definition is not repeated in PPS1 but remains a valid one.

2. In particular, PPS1.

3. For example, the First Secretary of State’s appeal decisions on APP/P0119/A/04/1164604 and APP/P0119/A/04/1164605.

4. The Value of Good Design, CABE, 2002

5. By Design – Urban design in the planning system: towards better practice, DETR/CABE, 2000

6. Safer Places – the Planning System and Crime Prevention, ODPM/Home Office, 2004.

7. ‘From Design Policy to Design Quality’, RTPI/Bartlett School of Planning/Cardiff University, 2002

8. The word ‘pastiche’, meaning in someone else’s style or in a mixture of styles, is often used incorrectly and should generally be avoided in decisions.

9. For example, by preventing occupation or first use prior to completion in its entirety.

10. Protecting Design Quality in Planning, CABE, 2003