Meeting: Planning Committee (County Hall, Durham - Committee Room 2 - 18/06/2008 10:00:00 AM)
Item: A5 Proposed New Validation Procedures for Planning Applications
Report of Rod Lugg, Head of Environment and Planning |
Introduction | 2 |
Pre-application advice | 2 |
Applications for Planning Permission for Waste and County Council Developments | 3 |
Part 1: National List of Information Requirements for validating a Planning Application | 3 |
Part 2: Local List of Information Requirements for validating a Planning Application | 4 |
Conservation Area Consent for demolition in a Conservation Area | 5 |
Part 1: National List of Information Requirements | 5 |
Part 2: Local List of Information Requirements | 6 |
Listed Building Consent for alterations, extension or demolition of a Listed Building | 7 |
Part 1: National List of Information Requirements | 7 |
Part 2: Local List of Information Requirements | 8 |
Applications for Advertisement Consent | 9 |
Part 1: National List of Information Requirements | 9 |
Part 2: Local List of Information Requirements | 9 |
Applications for a Lawful Development Certificate for an Existing Use or Operation or Activity | 10 |
Part 1: National List of Information Requirements | 10 |
Part 2: Local List of Information Requirements | 10 |
Applications for a Lawful Development Certificate for a Proposed Use or Development | 11 |
Part 1: National List of Information Requirements | 11 |
Part 2: Local List of Information Requirements | 11 |
Additional Information that may be required | 12 |
Appendix A | 13 |
- Existing and proposed elevations (e.g. at a scale of 1:50 or 1:100)
- Existing and proposed floor plans (e.g. at a scale of 1:50 or 1:100)
- Existing and proposed site sections and finished floor and site levels (e.g. at a scale of 1:50 or 1:100)
- Roof plans (e.g. at a scale of 1:50 or 1:100)
· The completed (signed and dated) Ownership Certificate (A, B, C or D - as applicable) as required by Article 7 of the Town and Country Planning (General Development Procedure) Order 1995
· Completed (signed and dated) Agricultural Holdings Certificate as required by Article 7 of the Town and Country Planning (General Development Procedure) Order 1995
· Design and Access Statement, if required. (For waste developments - should the waste transfer / treatment planning application also involve the erection of buildings or fixed plant a Design and Access Statement is likely to be required)
· The appropriate fee (see Schedule of Fees for Minerals and Waste Development or County Council developments on website)
· In addition, where Ownership Certificates B, C or D have been completed, notice(s) as required by Article 6 of the Town and Country Planning (General Development Procedure) Order 1995 must be given and/or published in accordance with this Article
- Existing and proposed elevations (e.g. at a scale of 1:50 or 1:100)
· The completed (signed and dated) Ownership Certificate (A, B, C or D - as applicable) as required by Article 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990
· In addition, where Ownership Certificates B, C or D have been completed, notice(s) as required by Article 6 of the Town and Country Planning (General Development Procedure) Order 1995 must be given and/or published in accordance with this Article
- Advertisement drawing(s) (e.g. at a scale of 1:50 or 1:100) showing advertisement size, siting, materials and colours to be used, height above ground, extent of projection and details of the method and colour(s) of illumination (if applicable)
· The appropriate fee (see Schedule of Fees for County Council developments on website)
· Biodiversity survey and report
Where a proposed development may have possible impacts on wildlife and biodiversity, information should be provided on existing biodiversity interests and possible impacts on them to allow full consideration of those impacts. Where proposals are being made for mitigation and/or compensation measures information to support those proposals will be needed. Where appropriate, accompanying plans should indicate any significant wildlife habitats or features and the location of habitats of any species protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats etc) Regulations 1994 or the Protection of Badgers Act 1992. Applications for development in the countryside that will affect areas designated for their biodiversity interests are likely to need to include assessments of impacts and proposals for long term maintenance and management. This information might form part of an Environmental Statement, where one is necessary. Certain proposals which include work such as the demolition of older buildings or roof spaces, removal of trees, scrub, hedgerows or alterations to water courses may affect protected species and will need to provide information on them, any potential impacts for them and any mitigation proposals for such impacts. Government planning policies for biodiversity are set out in Planning Policy Statement 9: Biodiversity and Geological Conservation (PPS9) (August 2005), PPS9 is accompanied by a Government Circular: Biodiversity and Geological Conservation - Statutory obligations and their impact within the planning system (ODPM Circular 06/2005, Defra Circular 01/2005 and Planning for Biodiversity and Geological Conservation: A Guide to Good Practice.
· Daylight/Sunlight assessment
In circumstances where there is a potential adverse impact upon the current levels of sunlight/daylight enjoyed by adjoining properties or building(s), including associated gardens or amenity space then applications may also need to be accompanied by a daylight/sunlight assessment. Further guidance is provided in, for example, BRE guidelines on daylight assessments.
· Economic statement
Applications may also need to be accompanied by a supporting statement of any regeneration benefits from the proposed development, including: details of any new jobs that might be created or supported; the relative floorspace totals for each proposed use (where known); any community benefits; and reference to any regeneration strategies that might lie behind or be supported by the proposal.
· Environmental Statement
The Town and Country Planning (Environmental Impact Assessment) Regulations (SI 1999/293), as amended, set out the circumstances in which an Environmental Impact Assessment (EIA) is required. EIA may obviate the need for other more specific assessments.
Where an EIA is required, Schedule 4 to the regulations sets out the information that should be included in an Environmental Statement. The information in the Environmental Statement has to be taken into consideration when the local planning authority decides whether to grant planning consent. It may be helpful for a developer to request a ‘screening opinion’ (i.e. to determine whether EIA is required) from the local planning authority before submitting a planning application. In cases, where a full EIA is not required, the local planning authority may still require environmental information to be provided.
· Flood risk assessment
A Flood Risk Assessment (FRA) will be required for development proposals of 1 hectare or greater in Flood Zone 1 and for all proposals for new development located in Flood Zones 2 and 3 as designated by the Environment Agency. A FRA will also be required for any development other than minor development in a designated critical drainage area which has been notified to the Local Planning Authority by the Environment Agency.
The FRA should identify and assess the risks of all forms of flooding to and from the development and demonstrate how these flood risks will be managed, taking climate change into account. The FRA should identify opportunities to reduce the probability and consequences of flooding. The FRA should include the design of surface water management systems including Sustainable Drainage Systems (SUDs) and address the requirement for safe access to and from the development in areas at risk of flooding.
The FRA should be prepared by an applicant in consultation with the local planning authority with reference to their published local development documents and any Strategic Flood Risk Assessment. The FRA should form part of an Environmental Statement when one is required by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended. Planning Policy Statement 25: Development and Flood Risk (December 2006) and its associated Practice Guide provide comprehensive guidance for both local planning authorities and applicants in relation to the undertaking of FRAs and the responsibilities for controlling development where it may be directly affected by flooding or affect flooding elsewhere.
· Foul sewage and utilities assessment
All new buildings need separate connections to foul and storm water sewers. If an application proposes to connect a development to the existing drainage system then details of the existing system should be shown on the application drawing(s). It should be noted that in most circumstances surface water is not permitted to be connected to the public foul sewers.
Where the development involves the disposal of trade waste or the disposal of foul sewage effluent other than to the public sewer, then a fuller foul drainage assessment will be required including details of the method of storage, treatment and disposal. A foul drainage assessment should include a full assessment of the site, its location and suitability for storing, transporting and treating sewage. Where connection to the mains sewer is not practical, then the foul/non-mains drainage assessment will be required to demonstrate why the development cannot connect to the public mains sewer system and show that the alternative means of disposal are satisfactory. Guidance on what should be included in a non-mains drainage assessment is given in DETR Circular 03/99 and Building Regulations Approved Document Part H and in BS6297.
If the proposed development results in any changes/replacement to the existing system or the creation of a new system, scale plans of the new foul drainage arrangements will also need to be provided. This will include a location plan, cross sections/elevations and specification. Drainage details that will achieve Building Regulations Approval will be required. If connection to any of the above requires crossing land that is not in the applicant’s ownership, other than on a public highway, then notice may need to be served on the owners of that land.
An application should indicate how the development connects to existing utility infrastructure systems. Most new development requires connection to existing utility services, including electricity and gas supplies, telecommunications and water supply, and also needs connection to foul and surface water drainage and disposal. Two planning issues arise; firstly, whether the existing services and infrastructure have sufficient capacity to accommodate the supply/service demands which would arise from the completed development, and secondly, whether the provision of services on site would give rise to any environmental impacts, for example, excavations in the vicinity of trees or archaeological remains.
The applicant should demonstrate:
(a) that, following consultation with the service provider, the availability of utility services has been examined and that the proposals would not result in undue stress on the delivery of those services to the wider community;
(b) that proposals incorporate any utility company requirements for substations, telecommunications equipment or similar structures;
(c) that service routes have been planned to avoid as far as possible the potential for damage to trees and archaeological remains;
(d) where the development impinges on existing infrastructure the provisions for relocating or protecting that infrastructure have been agreed with the service provider.
· Heritage Statement (including Historical, archaeological features and Scheduled Ancient Monuments)
The scope and degree of detail necessary in a Heritage Statement will vary according to the particular circumstances of each application. Applicants are advised to discuss proposals with either a planning officer or a conservation officer before any application is made. The following is a guide to the sort of information that may be required for different types of application.
For applications for listed building consent, a written statement that includes a schedule of works to the listed building(s), an analysis of the significance of archaeology, history and character of the building/structure, the principles of and justification for the proposed works and their impact on the special character of the listed building or structure, its setting and the setting of adjacent listed buildings may be required. A structural survey may be required in support of an application for listed building consent.
For applications for conservation area consent, a written statement that includes a structural survey, an analysis of the character and appearance of the building/structure, the principles of and justification for the proposed demolition and its impact on the special character of the area may be required.
For applications either related to or impacting on the setting of heritage assets a written statement that includes plans showing historic features that may exist on or adjacent to the application site including listed buildings and structures, historic parks and gardens, historic battlefields and scheduled ancient monuments and an analysis of the significance of archaeology, history and character of the building/structure, the principles of and justification for the proposed works and their impact on the special character of the listed building or structure, its setting and the setting of adjacent listed buildings may be required.
For applications within or adjacent to a conservation area, an assessment of the impact of the development on the character and appearance of the area may be required.
For all applications involving the disturbance of ground within an Area of Archaeological Potential as defined in the development plan or in other areas in the case of a major development proposal or significant infrastructure works, an applicant may need to commission an assessment of existing archaeological information and submit the results as part of the Heritage Statement.
For heritage assets, advice is provided in Planning Policy Guidance Note 15 Planning and the Historic Environment, (September 1994). For archaeological remains, advice is provided in Planning Policy Guidance
Note 16: Archaeology and Planning (November 1990).
· Land Contamination assessment
Applications may also need to be accompanied by a land contamination assessment which should include an extended assessment of contamination in line with Planning Policy Statement 23: Planning and Pollution Control (November 2004). Sufficient information should be required to determine the existence or otherwise of contamination, its nature and the risks it may pose and whether these can be satisfactorily reduced to an acceptable level. Where contamination is known or suspected or the proposed use would be particularly vulnerable, the applicant should provide such information with the application as is necessary to determine whether the proposed development can proceed.
In certain cases, a Preliminary Risk Assessment may be submitted which would allow an assessment to be made as to whether a full Land Contamination Assessment is necessary.
· Landfill applications
Applicants should provide sufficient information to enable the waste planning authority to fulfil its requirements under the Landfill (England and Wales) Regulations 2002. This information may be provided as part of the Environmental Statement.
· Landscaping details
For development which includes proposals for landscape works, detailed landscaping proposals, including provisions for maintenance and long term management, should be provided. These should incorporate any landscaping requirements identified in the design concept of the Design and Access Statement where one is required. For development where a landscape and visual impact assessment is required, details of any mitigation measures involving landscape works should be provided. Existing trees, hedges and other vegetation should, where practicable, be retained in new developments and protected during the construction phase (see also Tree Survey/Arboricultural implications below). Details of how this is to be accomplished, including plans showing any buffer zones and protective fencing, should be provided.
· Lighting assessment
Proposals involving the provision of publicly accessible developments, in the vicinity of residential property, a listed building or a conservation area, or open countryside, where external lighting would be provided or made necessary by the development, should be required to be accompanied by details of external lighting and the proposed hours when the lighting would be switched on. These details shall include a layout plan with beam orientation and a schedule of the equipment in the design. Lighting in the countryside: Towards good practice (1997) is a valuable guide for highway engineers and members of the public. It demonstrates what can be done to lessen the effects of external lighting, including street lighting and security lighting. The advice is applicable in towns as well as the countryside.
· Noise assessment
Applications for developments that raise issues of disturbance by noise to the occupants of nearby existing buildings, and for developments that are considered to be noise sensitive and which are close to existing sources of noise should be supported by a noise assessment prepared by a suitably qualified acoustician. Further guidance is provided in Planning Policy Guidance 24: Planning and Noise (September 1994).
· Open Space assessment
For development within open spaces, application proposals should be accompanied by plans showing any areas of existing or proposed open space within or adjoining the application site. Planning consent is not normally given for development of existing open spaces which local communities need. However, in the absence of a robust and up-to-date assessment by a local authority, an applicant for planning permission may seek to demonstrate through an independent assessment that the land or buildings are surplus to local requirements. Any such evidence should accompany the planning application. National planning policy is set out in Planning Policy Guidance note 17: Planning for open space, sport and recreation (July 2002).
· Parking Provision
Applications may be required to provide details of existing and proposed parking provision. These details could also be shown on a site layout plan.
· Photographs and Photomontages
Photographs provide useful background information about the site, its visual environment, and any existing features. They should always be provided where the proposal involves the demolition of an existing building, or affects a conservation area or listed building. Photographs of the site from important or representative viewpoints may be required where the visual appearance of the proposal is likely to be a material issue. Photographs should generally be taken with a standard lens and printed at such a size as to give a realistic impression of scale when viewed at a normal viewing distance (300-450mm). Viewpoints should be agreed with the planning authority. Photomontages can help show how new development would relate to the street scene or landscape setting. The need for photomontages, along with the viewpoints chosen, and technical parameters such as lens size, print size and format, rendering techniques and the season or time of day depicted, should be agreed with the planning authority.
· Planning obligations - Draft Head(s) of Terms
Planning obligations (or “section 106 agreements”) are private agreements negotiated between local planning authorities and persons with an interest in a piece of land (or “developers”), and are intended to make acceptable development which would otherwise be unacceptable in planning terms.
Where Development Plan Documents contain policies that give details of likely planning obligation requirements, a local planning authority may require a statement of the proposed Heads of Terms to be submitted with the application. Further advice on planning obligations is available in Circular 05/2005, Planning Obligations and a model section 106 agreement is available on the Communities and Local Government website.
· Planning Statement
A planning statement identifies the context and need for a proposed development and includes an assessment of how the proposed development accords with relevant national, regional and local planning policies. It may also include details of consultations with the local planning authority and wider community/statutory consultees undertaken prior to submission. Alternatively, a separate statement on community involvement may also be appropriate.
· Site Waste Management Plan
Proposed new development should be supported by site waste management plans of the type encouraged by the code of practice published in 2004 by the Department of Trade and Industry now the Department for Business Enterprise and Regulatory Reform Site Waste Management Plans: guidance for construction contractors and clients. These do not require formal approval by planning authorities, but are intended to encourage the identification of the volume and type of material to be demolished and/or excavated, opportunities for the reuse and recovery of materials and to demonstrate how off-site disposal of waste will be minimised and managed.
· Statement of Community Involvement
Applications may need to be supported by a statement setting out how the applicant has complied with the requirements for pre-application consultation set out in the local planning authority’s adopted statement of community involvement and demonstrating that the views of the local community have been sought and taken into account in the formulation of development proposals. Further guidance on Statements of Community Involvement is available in Chapter 7 of Creating Local Development Frameworks: A Companion Guide to PPS12 (November 2004).
· Structural Survey
A structural survey may be required in support of an application if the proposal involves substantial demolition, for example, barn conversion applications.
· Transport assessment
Planning Policy Guidance 13 Transport (March 2001) advises that a Transport Assessment (TA) should be submitted as part of any planning application where the proposed development has significant transport implications. The coverage and detail of the TA should reflect the scale of the development and the extent of the transport implications of the proposal. For smaller schemes the TA should simply outline the transport aspects of the application, while for major proposals, the TA should illustrate accessibility to the site by all modes of transport, and the likely modal split of journeys to and from the site. It should also give details of proposed measures to improve access by public transport, walking and cycling, to reduce the need for parking associated with the proposal, and to mitigate transport impacts. Further guidance will be found in Guidance on Transport Assessment, (March 2007) published by the Department for Transport.
· Travel Plan
A travel plan should be submitted alongside planning applications which are likely to have significant transport implications, as advised by Planning Policy Guidance Note 13: Transport (DETR, 2001), paragraphs 87-91.
Further advice is available in Using the planning process to secure travel Plans: Best practice guide ODPM and DfT, 2002 (forthcoming revised guidance), also Making residential travel plans work: Good practice guidelines for new development: DfT and A guide to development related travel plan (Addison & Associates) and County Durham’s Accessibility and Parking Guidelines (2003).
· Tree survey/Arboricultural implications
Where there are trees within the application site, or on land adjacent to it that could influence or be affected by the development (including street trees), information will be required on which trees are to be retained and on the means of protecting these trees during construction works. This information should be prepared by a qualified arboriculturist.
Full guidance on the survey information, protection plan and method statement that should be provided with an application is set out in the current BS5837 ‘Trees in relation to construction - Recommendations’. Using the methodology set out in the BS should help to ensure that development is suitably integrated with trees and that potential conflicts are avoided.
· Ventilation/Extraction statement
Details of the position and design of ventilation and extraction equipment, including odour abatement techniques and acoustic noise characteristics, will be required to accompany all applications for the use of premises for purposes within Use Classes A3 (i.e. Restaurants and cafes - use for the sale of food and drink for consumption on the premises), A4 (i.e. Drinking establishments - use as a public house, wine-bar or other drinking establishment), A5 (i.e. Hot food takeaways - use for the sale of hot food for consumption off the premises), B1 (general business) and B2 (general industrial). This information (excluding odour abatement techniques unless specifically required) will also be required for significant retail, business, industrial or leisure or other similar developments where substantial ventilation or extraction equipment is proposed to be installed.
Attachments
Item 5 Validation checklist and appendix.pdf;
Item 5 Validation of Planning Applications.pdf