AUTUMN QUARTER 2016

PEGASUS GROUP NEWSLETTER

PegasusGroup

AN ENVIRONMENTAL PLANNING VIEW OF POST-BREXIT

Following the UK vote to leave the EU, the extent to which EU environmental laws continue to apply in the UK depends on the agreements and the ongoing relationship between the UK and the EU during the withdrawal period.

EU Environmental Policy Post-Brexit

If the UK were to retain access to the internal market through membership of the European Economic Area (EEA) it would still have to comply with a significant proportion of EU environmental laws, including the Environmental Impact Assessment (EIA) Directive and many EU environmental regulatory regimes. The EIA Directive sets out the requirements for carrying out Environmental Impact Assessments for development projects. The constituent parts of the UK have transposed the EIA Directive into domestic law. Until the UK leaves the EU, the EIA Directive still applies, but after leaving the Government may come under pressure to dilute the EIA Regulations to cut red tape and bureaucracy within the planning system.

Even if the UK was no longer directly bound by EU rules on environmental regulation, the UK would still have to continue to comply with international conventions, such as Ramsar Convention (on conservation of wetlands); the Aarhus Convention (on access to information, public participation and access to justice in environmental matters) and the Kyoto Protocol (on reduction of greenhouse gas emissions).

If you would like any clarification or advice on the above, please email enquiries@pegasuspg.co.uk or contact your local regional office.

Effect of Brexit upon the new EU Directive on Environmental Impact Assessment

So what happens to the new amended EIA Directive?

On 12 March 2014, the European Parliament voted to adopt substantive amendments to the Environmental Impact Assessment (“EIA”) Directive 2011/92/EU. The new amended EIA Directive 2014/52/EU must be transposed into UK law via domestic legislation by 16 May 2017.

The new Directive contains timescales for EIA screening determinations and consultation on the environmental report, and a requirement that if projects have significant adverse effects on the environment, member states must impose conditions requiring monitoring of significant adverse effects after development commences.

At this time Article 50 of the Lisbon Treaty has not been triggered and therefore no timeframe can be set for the UK stepping away from the European Union. As the amendments to the new Directive must be implemented within the next nine months, the UK Government will need to revise the EIA regulations in line with the new Directive.

There is close integration between UK, EU and international environmental law and isolating them would be a substantial challenge and a source of ambiguity. The true impact of Brexit on environmental planning will only become clear once negotiations are underway.

GOOD HOTEL, VICTORIA DOCK

Pegasus Group were retained to provide planning advice on the submitted planning application for a 150 bedroom ‘floating hotel’ to be moored to the quayside at Royal Victoria Dock for a temporary period of 5 years. (The boat is to be relocated from its current mooring berth in Amsterdam.)

Reporting directly to the client and hotel operator, Pegasus acted as project managers and planning consultants to work closely with the appointed professional team of architects (Gensler) and highway advisers/flooding engineers/ecologists (Peter Brett and Co) in the period leading up to Planning Committee (19 July 2016).

Pegasus Group considered and co-ordinated the provision of a written rebuttal response to the circa. 100 objections received to the scheme, mainly from local residents, but also from some selected businesses on matters relating to the following:

• Proposed use (judged against planning policy)

• ‘Need’ for hotel accommodation

• Operational management measures

• Design quality

• Height of moored vessel (and any associated overshadowing or loss of sunlight)

• Transport matters

• Public realm improvements

• Service and waste delivery plan

• Surface water drainage

• Ecological impact

Pegasus Group, with the client, presented to Planning Committee in response to verbal objections/presentations to the scheme from local residents and the Crowne Plaza Hotel in order to successfully secure planning permission (subject to a S106 Agreement to deal with education and training of circa. 60 full-time employees).

Pegasus Group are now retained by the Good Hotel to co-ordinate and manage the dischargement of the 28 conditions imposed on the grant of planning permission, as well as to advise on any potential Judicial Review, should this be forthcoming.

The Directors of Pegasus Group are very happy to announce the opening of their new central Liverpool office.

New director Neil Culkin who’s background includes 7 years Public Sector planning experience, before moving to the Private Sector in 2007 where in this time he has grown 2 north west planning teams both at Strutt & Parker LLP and most recently Matthews & Goodman LLP will head up the new office, with Amy Rainsofrd joining as Planner. New appointments are being made and an exciting announcement will be made in the near future of the projects in the pipeline.

Managing Director, Tony Bateman, said “I am delighted to announce that we have opened a new office in Liverpool. As a Group we already have a considerable amount of work in the North West. The opening of this office will help to consolidate both this work and our national office network. It also forms part of the continuing expansion of the Group into different locations and sectors.”

The new office is located at The Plaza, Suite 603, 100 Old Hall Street, Liverpool L3 9QJ. For any further information please email enquiries@pegasuspg.co.uk or contact the new office on 0151 242 6781.

PLANNING DESIGN ENVIRONMENT ECONOMICS

EMPLOYEE SPOTLIGHTBARRY CANSFIELDREGIONAL DIRECTOR

Pegasus Group are delighted to announce the appointment of its newest, Director, Barry Cansfield, joining our busy and growing London team, continuing to expand Pegasus’ expertise and diversification within the private sector.

What inspired your career path in Planning? The spark originated during my A level geography course when we covered the human place-making side of the syllabus. I realised then that a career in Town Planning would allow me to shape and influence the way towns and cities function in a positive way. It’s a great feeling to have a ‘legacy’ from implemented planning permissions. I often tell my kids ‘that’s one of my buildings’ if we pass a project I have worked on.How do you see the London team developing over the next 12 months? Firstly, I have to mention that the current London team is really strong and have made me very welcome. Building on this strength, I am keen to raise the profile of the office through new instructions on large transformational schemes in London and the South East. Myself and Jim Tarzey who head up the London office are also keen, in the short-term, to expand our Heritage expertise. Inevitably, projects in London involve a Heritage component and we would like to increase this type of work.Tell us a funny childhood memory of yours? At the age of 6, I was excited to find out that we were to have new neighbours. However, I was less excited about the fact that the new owners had a 3 foot, Great Dane named Samson, and was warned by my parents not to go into the neighbour’s garden without supervision. On the first day of their occupancy I was, of course, in their garden retrieving my football. Sure enough Samson went to bite me on the ankle as I hurdled over the boundary fence. Too frightened to tell my parents about the incident, at bath time I asked my mum ‘what happens if you get bitten by a dog’. Her response was ‘you die’. This made me burst out crying and admit I had been in the next door garden. Little did I know my mother had seen the whole incident and was ready to teach me a lesson. Suffice to say I never set foot in the neighbour’s garden ever again.You have over 20 years in the industry, what advice would you give to a junior member of staff?Don’t be frightened to stretch yourself and get out of your comfort zone. This is where you learn the most and ultimately gain the experience to further your career.What was your first ever job?A paper boy. Although my fear of ‘beware of the dog’ signs did hinder my career on that front.

BINFIELD LEARNING VILLAGE

Pegasus Group provided planning and public consultation services to bring forward a scheme on behalf of Bracknell Forest Council. Binfield Learning Village is a new, mixed, all ability through school, providing facilities from nursery and primary to secondary and post 16 with embedded SEN (Special Education Needs). Sports facilities sit to the north of the buildings within the landscape, with a dedicated sports building to the west of the site. The proposal includes use of the sports facilities by the local community, and the provision of additional community facilities in a dedicated building to the front of the school site. The development will support the growing education needs of Bracknell Forest Borough.