Meeting documents

Planning Committee (DCC)
Wednesday 18 June 2008


            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


Purpose of the Report

1 To inform the Committee of the new national standard planning application form that came into effect on 6 April 2008, along with associated validation requirements and to obtain agreement on the use of a proposed list of local validation requirements.

Background

2 As part of the drive to provide a quicker, more predictable and efficient planning service, the Government has introduced a standard planning application form in England (1APP). This has replaced all previous types of forms (except in the case of minerals related development). At the same time, the Government introduced new requirements for the validation of planning applications. These are contained in a ‘National List’ of mandatory information and a ‘Local List’ that can be adopted by the Planning Authority from an approved Government schedule. These changes are reflected in the recently amended Town and Country Planning (General Development Procedure) Order 1995 (GDPO).

Validation Checklist

3 The appended ‘Draft Validation Checklist’ document includes the national and local list of requirements to validate planning applications submitted to the County Council as Planning Authority under the new arrangements.

4 The checklist is intended to help applicants understand the level and type of information that will be required of them from the outset and enable the Planning Authority to have the information it needs in order to determine applications and avoid unnecessary delays in the planning process.

Consultation Process and Responses

5 Government guidance recommends that the local list should be subjected to consultation for a minimum of six weeks before being reported to the relevant committee for formal resolution and adoption. Within County Durham, the 7 District Councils and the County Council have produced local lists with the same validation requirements to ensure consistency in approach, ease of customer understanding and in anticipation of the formation of a unitary council in April 2009. This is to ensure that a standard list is in place for use by the new Planning Authority. Local lists can be reviewed if necessary (on a 3-yearly basis) in response to requirements and experience.

6 Consultation on the County Council’s ‘Draft Validation Checklist’ commenced on 30 January 2008 at a briefing event (attended by over 40 people) held at County Hall to introduce the changes due to take place with the planning application process. The document was also made available on the website and copies were emailed to statutory consultees. In total, 11 responses were received. The comments largely focused on expanding some of the details and criteria mentioned in the ‘Local List’. These have been incorporated where possible although Government guidance does not allow additional categories of information to be added to the list.

7 One query raised during the consultation process concerned the extent to which the national and local list could ensure that sufficient information is included in larger planning applications involving waste and highway proposals, in order to allow proper assessments to be made. It is likely that these matters would be covered as part of environmental impact assessments but a section has been included in the draft document indicating that additional information may be required. This section includes reference to a Waste Statement, Sustainability Statement and Landscape/Visual Impact Assessments. These documents are not included in the national or local list and would not affect the validation of applications but there may be circumstances where the information would be an important component in determining a planning application. Formal requests can be made for such information within 1 month of the receipt of applications under current planning procedures and this option would still be available.

Recommendation

8 The introduction of the national standard planning application form and associated validation requirements is intended to simplify the process of submitting and determining planning applications. The national list is now in force and states the minimum information requirements needed to validate a planning application. Until a local list is formally adopted these are the only requirements that need to be met and are not always adequate to allow for a proper assessment of submitted proposals. The adoption of the ‘Local List’ is therefore essential in order to fully benefit from the new arrangements.

9 Having notified relevant parties of the intended introduction of the list and considered the issues raised, the Planning Committee is asked to approve the ‘Draft Validation Checklist’ attached to this report.


Background Papers
Planning and Compulsory Purchase Act 2004
Town and Country Planning (General Development Procedure) Order 1995

Contact: John Byers Tel: 0191 383 3408




Durham County Council

Planning Development Control

Applications for Planning Permission

Draft Validation Checklist

Contents


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


Introduction

The Government has introduced a standard planning application form in England (1APP), which replaces all existing types of planning application forms (except minerals). From 6 April 2008, 1APP became the only legal way of submitting a planning application (except in the case of minerals applications). In association with the 1APP forms, the Government also introduced new information requirements for the validation of planning applications. This includes a National List of mandatory information and any additional requirements contained in a Local List adopted by the planning authority from an approved Government schedule.

This document provides guidance about the information required to validate planning applications submitted to Durham County Council as Planning Authority under the new arrangements. This will help applicants, from the outset, to understand the level and type of information that will be required of them and enable the Planning Authority to have the information it needs in order to determine the application. It should help to reduce the need to provide further information at a later stage which can delay the determination of an application.

The document provides details of information which must be submitted with a planning application in order for it to be validated. These details are listed under Part 1: National List of Information Requirements for validating a Planning Application and apply to all Waste and County Council developments as well as proposals relating to advertisements, listed buildings and conservation areas.

Under Part 2: Local List of Information Requirements for validating a Planning Application, details are set out of any additional information that may be required to accompany a planning application at the request of the County Council.

Pre-application Advice

The County Council encourages applicants and their agents to have pre-application discussions regarding their development proposals. This is particularly relevant for larger and more complex or controversial proposals and should help applicants identify the information that needs to be submitted in support of their application.

Applications for Planning Permission for
Waste and County Council Developments
Part 1: National List of Information Requirements
for validating a Planning Application
· Completed 1APP application form (3 copies to be supplied unless the application is submitted electronically)
· A plan which identifies the land to which the application relates drawn on a scale of 1:1250 or 1:2500, showing at least two main roads, surrounding buildings and the direction of North. The application site should be edged clearly with a red line and a blue line must be drawn around any other land owned or controlled by the applicant (3 copies to be supplied unless the application is submitted electronically)
· Copies of the site plan should be submitted (3 copies to be supplied unless the application is submitted electronically). The site plan should be drawn at a scale of 1:500 or 1:200 and should accurately show:
(a) the direction of North;
(b) the proposed development in relation to the site boundaries and other existing buildings on the site, with written dimensions including those to the boundaries;
(c) all the buildings, roads and footpaths on land adjoining the site including access arrangements;
(d) all public rights of way crossing or adjoining the site;
(e) the position of all trees on the site, and those on adjacent land that could influence or be affected by the development;
(f) the extent and type of any hard surfacing; and
(g) boundary treatment including walls or fencing where this is proposed.
· A copy of other plans and drawings or information necessary to describe the subject of the application (3 copies to be supplied unless the application is submitted electronically) including:
- Block plan of the site (e.g. at a scale of 1:100 or 1:200) showing any site boundaries

- 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

Part 2: Local List of Information Requirements
for validating a Planning Application

Some or all of the following information may be required. Please refer to Appendix A for further details of each item on the list below.

· Air quality assessment
· Biodiversity survey and report
· Daylight/Sunlight assessment
· Economic statement
· Environmental Statement
· Flood risk assessment
· Foul sewage and utilities assessment
· Heritage Statement (including Historical, archaeological features and Scheduled Ancient Monuments)
· Land Contamination assessment
· Landfill statement
· Landscaping details
· Lighting assessment
· Noise impact assessment
· Open Space assessment
· Parking Provision
· Photographs/Photomontages
· Planning obligations - Draft Head(s) of Terms
· Planning Statement
· Site Waste Management Plan
· Statement of Community Involvement
· Structural Survey
· Transport assessment
· Travel Plan
· Tree survey/Arboricultural implications
· Ventilation/Extraction statement
Conservation Area Consent for
Demolition in a Conservation Area
Part 1: National List of Information Requirements

· Completed 1APP application form (3 copies to be supplied unless the application is submitted electronically)
· A plan which identifies the land to which the application relates drawn on a scale of 1:1250 or 1:2500, showing at least two main roads, surrounding buildings and the direction of North. The application site should be edged clearly with a red line and a blue line must be drawn around any other land owned or controlled by the applicant (3 copies to be supplied unless the application is submitted electronically)
· Copies of the site plan should be submitted (3 copies to be supplied unless the application is submitted electronically). The site plan should be drawn at a scale of 1:500 or 1:200 and should accurately show:
(a) the direction of North;
(b) the proposed development in relation to the site boundaries and other existing buildings on the site, with written dimensions including those to the boundaries;
(c) all the buildings, roads and footpaths on land adjoining the site including access arrangements;
(d) all public rights of way crossing or adjoining the site;
(e) the position of all trees on the site, and those on adjacent land that could influence or be affected by the development;
(f) the extent and type of any hard surfacing; and
(g) boundary treatment including walls or fencing where this is proposed.
· A copy of other plans and drawings or information necessary to describe the subject of the application (3 copies to be supplied unless the application is submitted electronically) including:
- Block plan of the site (e.g. at a scale of 1:100 or 1:200) showing any site boundaries

- 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


Part 2: Local List of Information Requirements


Some or all of the following information may be required. Please refer to Appendix A for further details of each item on the list below.

· Air quality assessment
· Biodiversity survey and report
· Heritage Statement (including Historical, archaeological features and Scheduled Ancient Monuments)
· Land Contamination assessment
· Photographs/Photomontages showing the whole building and its setting and/or the particular section of the building affected by the proposals
· Planning Statement
· Site Waste Management Plan
· Structural Survey
· Tree survey/Arboricultural implications

Listed Building Consent for Alterations, Extension
or Demolition of a Listed Building
Part 1: National List of Information Requirements

· Completed 1APP application form (3 copies to be supplied unless the application is submitted electronically)
· A plan which identifies the land to which the application relates drawn on a scale of 1:1250 or 1:2500, showing at least two main roads, surrounding buildings and the direction of North. The application site should be edged clearly with a red line and a blue line must be drawn around any other land owned or controlled by the applicant (3 copies to be supplied unless the application is submitted electronically)
· Copies of the site plan should be submitted (3 copies to be supplied unless the application is submitted electronically). The site plan should be drawn at a scale of 1:500 or 1:200 and should accurately show:
(a) the direction of North;
(b) the proposed development in relation to the site boundaries and other existing buildings on the site, with written dimensions including those to the boundaries;
(c) all the buildings, roads and footpaths on land adjoining the site including access arrangements;
(d) all public rights of way crossing or adjoining the site;
(e) the position of all trees on the site, and those on adjacent land that could influence or be affected by the development;
(f) the extent and type of any hard surfacing; and
(g) boundary treatment including walls or fencing where this is proposed.
· A copy of other plans and drawings or information necessary to describe the subject of the application (3 copies to be supplied unless the application is submitted electronically) including:
- Block plan of the site (e.g. at a scale of 1:100 or 1:200) showing any site boundaries
- 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)
- Plan to a scale of not less than 1:20 to show all new doors, windows, panelling, fireplaces, plaster moulding and other decorative details
- 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 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990
· Design and Access Statement
· 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

Part 2: Local List of Information Requirements


Some or all of the following information may be required. Please refer to Appendix A for further details on the list below.

· Air quality assessment
· Biodiversity survey and report
· Heritage Statement (including Historical, archaeological features and Scheduled Ancient Monuments)
· Land Contamination assessment
· Photographs/Photomontages showing the whole building and its setting and/or the particular section of the building affected by the proposals
· Planning Statement
· Site Waste Management Plan
· Structural Survey
· Tree survey/Arboricultural implications

Applications for
Advertisement Consent
Part 1: National List of Information Requirements

· Completed 1APP application form (3 copies to be supplied unless the application is submitted electronically)
· A plan which identifies the land to which the application relates drawn on a scale of 1:1250 or 1:2500, showing at least two main roads, surrounding buildings and the direction of North. The plan should also identify the proposed position of the advertisement. (3 copies to be supplied unless the application is submitted electronically)
· A copy of other plans and drawings or information necessary to describe the subject of the application (3 copies to be supplied unless the application is submitted electronically) including:
- Existing and proposed elevations (e.g. at a scale of 1:50 or 1:100)

- 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)

Part 2: Local List of Information Requirements


Some or all of the following information may be required. Please refer to Appendix A for further details of each item on the list below.

· Lighting assessment (where illuminated advertisements are proposed)
· Photographs/Photomontages
· Planning Statement

Applications for a Lawful Development Certificate for an Existing Use or Operation or Activity
Part 1: National List of Information Requirements

· Completed 1APP application form (3 copies to be supplied unless the application is submitted electronically)
· A plan which identifies the land to which the application relates drawn on a scale of 1:1250 or 1:2500, showing at least two main roads, surrounding buildings and the direction of North. (3 copies to be supplied unless the application is submitted electronically)
· Such evidence verifying the information included in the application as can be provided.
· Such other information as is considered to be relevant to the application
· The appropriate fee (see Schedule of Fees for County Council developments on website)
Part 2: Local List of Information Requirements


Some or all of the following information may be required.

· Plans (3 copies to be supplied unless the application is submitted electronically) including:
- Existing elevations (e.g. at a scale of 1:50 or 1:100)
- Existing floor plans (e.g. at a scale of 1:50 or 1:100)
- Existing site survey plan (e.g. at a scale of 1:50 or 1:100)
· Lawful Development Certificate supporting information (e.g. sworn affidavit(s) from people with personal knowledge of the existing use)
· Photographs/Photomontages
· Planning Statement

Applications for a Lawful Development Certificate
for a Proposed Use or Development
Part 1: National List of Information Requirements

· Completed 1APP application form (3 copies to be supplied unless the application is submitted electronically)
· A plan which identifies the land to which the application relates drawn on a scale of 1:1250 or 1:2500, showing at least two main roads, surrounding buildings and the direction of North. (3 copies to be supplied unless the application is submitted electronically)
· Such evidence verifying the information included in the application as can be provided.
· Such other information as is considered to be relevant to the application
· The appropriate fee (see Schedule of Fees for County Council developments on website)
Part 2: Local List of Information Requirements


Some or all of the following information may be required.

· Plans (3 copies to be supplied unless the application is submitted electronically) including:
- Existing elevations (e.g. at a scale of 1:50 or 1:100)
- Existing floor plans (e.g. at a scale of 1:50 or 1:100)
- Existing site survey plan (e.g. at a scale of 1:50 or 1:100)
· Planning Statement

Additional Information that may be required

The following additional documents may be requested during pre-application discussions, or where no discussions have taken place following validation of the application.

Please note - upon validation, if the requested details are judged to be critical in determining whether permission should be granted or not, and the applicant / agent is unable to submit the information within a specified timescale the planning authority may have no option but to refuse the application due to lack of information.

· Waste Statement

Applications for planning permission to carry out waste disposal by means of landfilling or landraising or for the carrying out of transfer, treatment, recycling or incineration of waste will require a Waste Statement to be produced. A framework of questions detailing the information to be included in a Waste Statement will be produced in due course and will largely be based on the current Durham County Council Waste Application Form. Additional plans may also be required, such as topographical surveys, phasing plans or restoration plans.

· Landscape and visual impact assessment

Landscape and visual impact assessment (LVIA) is normally required as part of an Environmental Impact Assessment (EIA). For development not requiring an EIA an LVIA may be required where the proposals would be likely to have significant landscape or visual effects. The LVIA should follow the methodology set out in Guidelines for Landscape and Visual Impact Assessment 2nd edition published by the Landscape Institute and Institute of Environmental Management & Assessment (Spon Press 2002) ISBN 0-415-23185-X


· Sustainability Statement

A statement outlining the elements of the proposed development that address sustainable development issues including environmental, social and economic impacts.

Appendix A


The following details have been taken from The Validation of Planning Applications: Guidance for Local Planning Authorities (December 2007) produced by the Department of Communities and Local Government.

· Air quality assessment
Where the development is proposed inside, or adjacent to an air quality management area (AQMA), or where the development could in itself result in the designation of an AQMA or where the grant of planning permission would conflict with, or render unworkable, elements of a local authority’s air quality action plan, applications should be supported by such information as is necessary to allow a full consideration of the impact of the proposal on the air quality of the area. Where AQMAs cover regeneration areas, developers should provide an air quality assessment as part of their planning application. Further advice is available in Planning Policy Statement 23: Planning and Pollution Control (November 2004).

· 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