PLANNING COMMITTEE · PBMSA. The resulting Framework for Student Housing and Purpose Built Student Accommodation (published in March 2014 after public consultation) outlined a range

Document Number: 202607 Version: 5Document Name: STUDENT HOUSING PLANNING COMMITTEE REPORT 180815

PLANNING COMMITTEE

Subject: Purpose Built Managed Student Accommodation

Date: 18 August 2015

Reporting Officer: Phil Williams, Director of Planning and Place

Contact Officer: Keith Sutherland, Development Planning and Policy Manager

Is this report restricted? Yes No

Is the decision eligible for Call-in? Yes No

1.0 Purpose of Report or Summary of main Issues

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This paper outlines the steps to be taken to provide the Council with appropriate tools to deal with planning applications for the provisions of Purpose Built Managed Student Accommodation (PBMSA). Whilst the inclusion of new policies within the future Local Development Plan is the preferred solution in the long-term (3-5years), there is a pressing need for a short-term solution to deal with the current proliferation of planning applications for this type of development in the City Centre.

The proposed approach in the short-term constitutes an interim solution that builds upon the work already undertaken through the established Joint Team on Student Housing, most notably the ‘Learning City’ Framework Document which was published in March 2014 following public consultation. It will offer greater certainty to developers of PBMSA and provide reassurance to communities that existing residential amenity will be protected.

2.0 Recommendations

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In the short-term, agree to: The preparation of technical, internal ‘guidelines’ based on existing policies to

ensure a consistent approach when determining applications for PBMSA; and The preparation of a positive ‘Best Practice Guide’ aimed at prospective developers

to encourage the development of good quality PBMSA in the right locations.

In the medium-term (6-9months), agree to the preparation of Supplementary Planning Guidance to address gaps in the existing policy framework.

Note that in the long-term (3-5years) any policy deficiencies can be addressed within the new Local Development Plan.

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3.0 Main report

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Key IssuesMembers will be aware that the Council have been involved for a number of years in a Joint Team on Student Housing – a collaboration with DSD, DOE, NIHE and SIB formed to lead a strategic approach to proving quality, attractive, safe and secure student housing and purpose built student accommodation in the City. To date, a significant amount of work has been completed via the Joint Team, including the Holylands and Wider University Area Strategic Study (March 2012) and research into the Economic Impact of Higher Education Students on the Economy of Belfast (February 2014).

This work has shown that students studying and living within cities make a significant contribution to local and regional economies. For Belfast, the re-location of the Ulster University to the north of the City Centre and growth in the international student market both present significant opportunities for the City. However, student housing provision needs to be carefully planned and appropriately managed to secure a positive integration with existing communities and to ensure that negative impacts associated with the concentration of student accommodation, such as anti-social behaviour, are mitigated against. Attractive, high quality, safe, secure, accessible and affordable Purpose Built Managed Student Accommodation (PBMSA) in the right locations is therefore a preferable alternative to ad hoc private rented housing within established neighbourhoods.

The Council commissioned consultants in late 2013 to review planning policies and other relevant strategies to develop an appropriate approach to assessing future proposals for PBMSA. The resulting Framework for Student Housing and Purpose Built Student Accommodation (published in March 2014 after public consultation) outlined a range of planning criteria that could be considered as requirements for PBMSA, including proximity to university campuses, design quality, management arrangements, impact on the surrounding area and need (see Appendix 1).

In the past 18-24 months, Belfast has experienced an influx of planning applications for PBMSA, predominantly in the city centre (see Appendix 2). Under the plan-led planning system, although the Framework document is a material consideration in determining such planning applications, it was not composed within the guidelines set out within the relevant planning framework and therefore can neither supersede existing planning policy nor have determining weight in planning decisions.1

Policy HMO7 of the Houses in Multiple Occupation (HMO) Subject Plan for Belfast is the only existing planning policy relating specifically to PBMSA. However, this policy only applies to larger schemes (developments over a threshold of 50 units or 200 occupants) and is only applicable where an applicant overtly states that a planning application is to provide student accommodation. Furthermore, whilst the policy is able to require applicants to provide detail of management arrangements and the provision of amenity space, it does little to manage cumulative impact, does not consider any evidence of need and has little guidance in relation to maximising regeneration benefits.

With the absence of a formal criteria-based policy for PBMSA within the Local Development Plan, the policy mechanisms currently available to the Council are considered inadequate in terms of their ability to encourage the right type of development in suitable locations. Whilst the inclusion of new policies within the future Local

1Section 6 (4) of the Planning (Northern Ireland) Act 2011 states that, when making planning decisions, the determination must be made in accordance with the local development plan unless material considerations indicate otherwise. There is no legal definition for what constitutes a material consideration, but there are two main tests in deciding whether a consideration is material: (i) it should serve or be related to the purpose of planning - it should therefore relate to the development and use of land; and (ii) it should fairly and reasonably relate to the particular application.


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Development Plan is the preferred solution in the long-term, there is a need in the light of the current proliferation of planning applications for immediate action.

In the short-term, it is therefore proposed that two documents are produced based on the support existing policies give to the criteria-based policy approach outlined within the Framework Document. This would include:

Preparation of technical, internal ‘Guidelines’ to ensure a consistent approach to applying existing policies and following procedural protocols. It will provide guidelines to development management officers on how to robustly approach current and future planning applications for student accommodation. Suggested contents for this document are outlined in Appendix 3.

A positive, ‘Best Practice Guide’ aimed at prospective developers to encourage the development of good quality, PBMSA in the right locations by explaining how existing policies support well-design and appropriately managed schemes. This would demonstrate how existing policies support the ‘criteria-based’ approach and would give developers greater certainty about the Council’s aspirations when preparing planning proposals. Suggested contents for this document are outlined in Appendix 4.

Given that each of these documents are based on existing planning policies and the Council’s approach contained within the Framework Document, they could be produced relatively quickly and implemented without a need for further consultation. Whilst it is acknowledged that this approach is limited in that it will neither supersede existing policy nor have determining weight in planning decisions, it is proposed that the positive ‘Best Practice Guide’ would be beneficial in seeking to influence proposals before planning applications are submitted and would, alongside technical ‘guidelines’, ensure consistency in how policies are applied. This approach could also provide an immediate additional material consideration when processing current planning applications for PBMSA.

In the medium-term, Supplementary Planning Guidance (SPG) on PBMSA can be prepared to address gaps and strengthen the existing policy framework. Although an SPG can’t introduce new policy, can “supplement, elucidate and exemplify” policy documents and development plans” (PPS1, Para 43). This would build upon the short-term work outlined above and where relevant to a particular development proposal could be taken into account as a material consideration, with additional weight accorded by virtue of a period of public consultation. Allowing time for further research and consultation, it is unlikely SPG could be adopted before April 2016.

In the long-term, the criteria-based policy approach contained within the Framework Document should provide a foundation for future planning policies for PBMSA within the new Local Development Plan. However, it is likely to take at least 3 years until this can be fully realised.

Financial & Resource ImplicationsThere are no additional resource implications arising from the short term Guide and internal Guideline documents. The Director of Planning and Place is currently considering options for the establishment of a Development Plan team to take forward future planning policy work.

Equality or Good Relations ImplicationsNo specific equality or good relations implications.


4.0 Appendices – Documents Attached

Appendix 1 – Framework Document – Planning CriteriaAppendix 2 - Map of recent Planning Applications for PBMSA in the City CentreAppendix 3 – Suggested contents for Internal Development Management GuidelinesAppendix 4 – Suggested contents for Purpose Built Managed Student Accommodation Guide


Appendix 1: Framework Document – Planning Criteria

The criterion-based planning guidance for assessing applications for the provision of purpose built student accommodation, in addition to the provisions of the HMO Subject Plan, could be based upon the following:

Planning permission for purpose built student accommodation will only be granted where all the following criteria are met:

Proximity: the development is within 15 minutes walking distance of a university/college campus or on a high frequency public transport route.

Design: the nature, layout and design of the development are appropriate to its location and context and would not result in an unacceptable impact on local character, environmental quality or residential amenity. The development should be designed to deter crime and promote personal safety.

Management: an appropriate Management Plan is in place to minimise potential negative impacts from occupants and the development on surrounding properties and neighbourhoods and to create a positive and safe living environment for students. This may require an Article 40 Planning Agreement with the relevant authority prior to the issue of planning permission (or Article 76 of the 2011 Planning Act).

Impact: the development would not result in an unacceptable impact upon surrounding residential neighbourhoods in itself or when considered alongside existing and approved student housing provision.

Need: the development meets an identified need for the type of accommodation proposed.

The following explanatory text would be provided with the 5 criteria:

Proximity: this criterion seeks to promote sustainable means of travel and minimise car use. Applications should be accompanied by information on the suitability of the location of the proposal. The fifteen minutes (or 1,200m) walking time could rise with the availability of good quality pedestrian and cycle routes. If reliant on public transport or shuttle buses, the PBSA must be on a high frequency public transport route.

Design: this criterion seeks to promote quality in design. Applications should be accompanied by a Design Statement containing a site appraisal and concept design and a statement explaining the design objectives for the site, local design considerations and the relationship of the proposal to the surrounding context. Applications should take full account of the principles of ‘Secured by Design’, a UK project promoting the principles of designing out crime from the built environment. The amount of information and level of detail required will depend on the nature, scale and location of the proposed development. Proposals should not result in unacceptable damage to local character, environmental quality or residential amenity.

Management: this criterion seeks to promote well managed PBSA proposals, which provide a safe and positive environment for students, whilst reducing the risk of adverse impacts upon residential amenity. Applications should be accompanied by a Management Plan addressing general management operations, site and landscape maintenance, servicing, security features, CCTV, lighting, intercoms, soundproofing, noise control and tenant behaviour as well as providing a travel plan for staff and students. The Management Plan should include the proposed liaison arrangements with the relevant education institution, the Council and the PSNI in relation to tenant behaviour.


Impact: this criterion seeks to promote and capture the positive impacts of PBSA and student populations whilst reducing the risk of adverse impacts on residential neighbourhoods. The protection of residential amenity is a concern in areas where HMOs are concentrated particularly within the 22 HMO Policy Areas identified in the HMO Subject Plan. Applications should be accompanied by information on existing student housing provision and the impact of the proposal upon demographics and local facilities/ service provision in an area. Information on the (social, economic and environmental) benefits of proposals, as well as any mitigation measures, should also be provided.

Need: this criterion seeks to ensure student housing needs are met. Applications should be accompanied by evidence, as appropriate, of the specific need that is being addressed, why this need is currently unmet, the type of existing accommodation the potential student occupiers are likely to be drawn from and any recorded increase in student numbers. Evidence such as university support, waiting lists and bank funding may be helpful in demonstrating need. The explanatory text is subsidiary to and should not distort the meaning of the policy. Planning applications for PBSA should be accompanied by appropriate information which addresses the 5 planning criteria. Other non-residential uses in PBSA schemes, e.g. retail, gyms and restaurants, will be considered against prevailing regional planning policy. In relation to the draft planning criteria, the following definitions are noted:

The explanatory text is subsidiary to and should not distort the meaning of the policy. Planning applications for PBSA should be accompanied by appropriate information which addresses the 5 planning criteria. Other non-residential uses in PBSA schemes, e.g. retail, gyms and restaurants, will be considered against prevailing regional planning policy.

In relation to the draft planning criteria, the following definitions are noted:

Purpose-built student accommodation: Accommodation built, or converted, with the specific intent of being occupied by students – either individual en-suite units or sharing facilities.

Shared housing: usually built as family housing, which has changed its use to be occupied by a number of separate individuals sharing the same kitchen and bathroom facilities behind the same front door. This can include flats, apartments and HMOs.

Student housing: a generic term that covers shared housing and purpose-built student accommodation.


Appendix 2


Planning ApplicationsMap Ref

Address of Proposal No. of bedrooms

Date Application Validated

Status

11-7 Lennoxvale and the site of 52 Malone Road, Malone Lower, Belfast, BT9 5BY

117 02/11/2012 Consultation(s) Issued

2Mark Royal House, 70-74 Donegall Street, Belfast, BT1 2GU

45 21/06/2013 Permission Granted

3 48-52 York Street, Belfast, BT15 1AS 200 11/04/2014 Permission Granted

4Site bounded by Wellwood Street, Glenalpin Street and Norwood Street, Belfast

391 05/08/2014Application deferred for

further consideration5 1A College Square East, Belfast, BT1 6JD 413 11/09/2014 Permission Granted6 118-122 Royal Avenue, Belfast, BT1 1DL 21 17/12/2014 Neighbours Notified7 Site at 28-30 Great Patrick Street, Belfast, BT1 2LT 529 13/01/2015 Consultation(s) Issued8 81-107 York Street, Belfast, BT15 1AB 694 12/02/2015 Consultation(s) Issued9 123-137 York Street, Belfast, BT15 1AB 407 03/03/2015 Consultation(s) Issued

10Land bounded by Carrick Hill, Nos 22-36 Clifton Street and No. 4 Trinity Street, Belfast, BT13 1AA

c. 375 23/04/2015 Consultation(s) Issued

11Land south of Franklin Street, east of Brunswick Street and west of McClintlock Street, Belfast, BT2 7GX

476 08/06/2015 Consultation(s) Issued

12 78 College Avenue, Belfast, BT1 6BU 804 09/06/2015 Consultation(s) Issued13 (i) c. 73413 (ii) c. 107413 (iii)

Lands located within the DSD Northside Development Area

c. 20506/07/2015 Application deemed valid

14 140 Donegall Street, Belfast, BT1 2GX 710 10/07/2015 Neighbours Notified

15Land bounded by Library Street, Stephen Street and Kent Street, Belfast, BT1 2JJ

444 21/07/2015 Neighbours Notified

16 89-101 Royal Avenue, Belfast, BT1 1FE 30 22/07/2015 Application deemed vaild17 26-44 Little Patrick Street, Belfast, BT15 380 30/07/2015 Neighbours Notified

c. 73392

Pre-Application DiscussionsMap Ref

Address of Proposal No. of bedrooms

Date PAD Received

Status

A 108-110 Great Victoria Street, Belfast, BT2 7LX c. 173 30/05/2014 Non-commital

B24-30 College Street, 41-49 Queen Street and 29 Wellington Place, Belfast, BT6 6EB

c. 320 28/05/2105Consultation(s)

Issued

C 78-86 Dublin Road, Belfast, BT2 7BY c. 150 17/06/2015Consultation(s)

Issuedc. 643

2 Total does not include 710 rooms from 14 - LA04/2015/0609/F (see 13(i) - Site 3, LA04/2015/0577/O)


Appendix 3 – Suggested contents for Internal Development Management Guidelines

Internal ‘guidelines’ would be produced for development management officers to aid a consistent approach to the interpretation of existing planning policies. It would seek to articulate the Council’s position on student accommodation in the city and could provide technical guidelines on how to apply existing policies and follow procedural protocols.

It would need to be read alongside the published ‘Best Practice Guide’ to encourage the provision of good quality PBMSA in suitable locations, but would differ in that as an internal document it would provide detailed advice to officers around the Council-wide approach to PBMSA in the short-term and how to pro-actively encourage good quality development in the right locations. As informal guidelines it could also be updated periodically as required until new policy instruments are in place.

The Internal Development Management Guidelines will highlight the principal material considerations, relevant policy tests and a review of recent planning cases, and would seek to ensure that:

Applications for PBMSA will be processed efficiently where proposals are developed in line with the proposed ‘Best Practice Guide’;

Applications for student accommodation are distinguished from other types of residential development, which may have implications for applying certain policy requirements such as parking standards, space standards or the provision of amenity space;

The types of information required to effectively process planning applications are addressed early so that delays are minimised where applications are lack key information required to effectively consider the application (e.g. the provision of a draft Management Plan); and

Existing policies are applied consistently to ensure quality design solutions and satisfactory forms of development are delivered which minimise negative impacts on residential amenity.

Officers are aware of how developer agreements can also be used to ensure adequate management arrangements and to mitigate the impacts on surrounding communities.

The document could also identify a range of other supplementary guidance and material considerations for processing applications (e.g. the City Centre Regeneration Strategy and Investment Plan, non-statutory Masterplans, emerging regeneration projects, etc.)


Appendix 4 – Suggested contents for Purpose Built Managed Student Accommodation Best Practice Guide

A short Best Practice Guide to PBMSA would seek to encourage the development of good quality, PBMSA in the right locations by explaining how existing policies can be applied to support such applications. This would be a fundamentally positive document articulating the Council’s position in welcoming proposals for PBMSA in the City Centre that are well designed, high quality, in the right locations and delivering significant regeneration benefits whilst avoiding negative impacts on adjacent land uses.

The Guide would use the existing suite of statutory plans and policies, the Framework Document and the HMO Strategy from the HMO Subject Plan as its foundation, demonstrating how the existing policies support the ‘criteria-based’ approach and help achieve HMO Strategy objectives. This should help to provide certainty and clarity for prospective developers, articulating that a well designed scheme will be viewed positively by the Council.

Suggested contents for the document could include:

The Council’s position in relation to good quality, PBMSA, including the benefits for the City as a whole, articulating the overarching HMO Strategy for Belfast as outlined in the HMO Subject Plan and Framework Document;

An articulation of the criteria based approach the Council would see as best practice in relation to student accommodation, explaining how we will apply existing statutory plans and policies to ensure key requirements are met. For example, Policy QD1 of PPS7 (Quality Residential Environments) would help address the criteria on design whilst Policy HMO7 addresses the criteria relating to appropriate management arrangements;

Factual information that could support the development of good quality schemes (e.g. map of walking distance to educational establishments, evidence of need, etc.);

Identification the key information required to ensure the smoothest and fastest passage of an application through the decisions making process. This could help to incentivise the self-declaration of schemes as PBMSA; and

Identification of instances where the Council may seek to secure financial contributions to mitigate against increased and/or negative impacts on community/public facilities.