Cannock Chase District Council

CANNOCK CHASE DISTRICT COUNCIL

VALIDATION OF PLANNING APPLICATIONS

GUIDE TO NATIONAL AND LOCAL REQUIREMENTS

MARCH 2008

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Introduction

This document explains the information requirements for all the categories of applications submitted under the Town & Country Planning Acts to enable applications to be validated and the processing time for decisions (8 weeks in most cases but 13 weeks for major applications and 16 weeks for applications which are accompanied by Environmental Statements) to commence.

The contents are in three parts:-

The first setting out the national information requirements which apply in all cases in relation to the application types described.

The second comprising the local requirements which apply to specific types of, or scale of, or locations of applications.

The combined checklist of contents relating to each category of application.

The lists are taken from the Department for Communities and Local Government document ‘The Validation of Planning Applications – Guidance for Local Planning Authorities’ published in December 2007.

The list of 25types of application form is set out at Annex A, together with the checklists of national and local validation requirements for the most common categories of application. The remaining categories will be added later.

Aims of the New Process

The combined use of the national and local lists will:-

Help applicants, from the outset, to understand the type and extent of information that will be required of them;

Provide greater certainty for the applicant;

Enable the Local Planning Authority (LPA) to have all the information it needs in order to determine the application, draft the planning permission, word any planning conditions and conclude any planning obligation;

Minimise the risk that the LPA will have to go back to an applicant for more information and thus the risk that the authority will fail to achieve performance targets.

The local list will be reviewed every three years, with any substantial amendments being subject to re-consultation and adoption procedures. Minor changes to take account of statutory changes or government guidance may be made without the need for re-consultation.

The above requirements do not take away existing powers to require further particulars or evidence under Section 62(3) of the Town & Country Planning Act 1990. Under Regulation 4 of the Town & Country Planning (Applications) Regulations 1988 LPA’s can direct applicants to:-

(a)Supply any further information, and, except in the case of outline applications, plans and drawings necessary to enable them to determine the application (but see section below on outline applications) or;

(b)Provide one of their officers with any evidence in respect of the application as is reasonable for them to call for to verify any particulars of information given to them.

The Procedures

If an applicant does not submit an application in accordance with the national statutory requirements and locally adopted requirements the LPA will be entitled to declare the application invalid, and so decline to start processing it.

The LPA will set out its reasons for declaring an application invalid in writing to the applicant and specify the information required in order to make the application valid. Where an application is not accompanied by the information required, applicants must provide written justification with the application as to why it is not appropriate in the particular circumstances. In such cases we will not declare applications invalid unless we are satisfied that we can give appropriate reasons in writing based on the contents of this document.

In most cases the information requirements will be very clear. However, there may be circumstances where applicants do not agree with the requirement for information or plans set out in this document and wish to challenge the decision not to validate an application. In such cases, applicants have the right of appeal for non-validation under Section 78 of the Town & Country Planning Act 1990. The relevant ground for the appeal would be non-determination within the 8 or 13 week determination period (depending upon whether the application is minor or major). Similarly the right to complain to the Local Government Ombudsman also exists.

The time period from application to decision begins the day after a valid application and the correct fee (where a fee is payable) have been received. Applications will be marked with the date of receipt. A letter will be sent to the applicant confirming the validity of the application and confirming the start date of the statutory period for determination and the date from when an appeal can be made. Where we consider an application to be invalid, the notification letter will include a statement of the outstanding information required from the applicant to achieve validation, based upon the national list and the adopted local list.

If an apparently valid application is later found to be invalid following registration, for example because of a dishonoured cheque, incorrect certificate or incorrect information, the original start date for processing the application will be disregarded. The time from application to decision will start again on the date the application is made valid. This only applies if the original application is invalid and does not apply if the authority requires additional information to determine the application.

Pre-Application Discussions

An essential element of the validation procedures is the encouragement and facilitation of pre-application discussions for all types of application to guide applicants through the process and to ensure that applicants are aware of the information requirements for validation.

Applicants and agents are recommended to contact officers in the Development Control Team at an early stage to request pre-application discussions. It is most beneficial if this is done at the concept plan stage before principles have been firmed up. However, these discussions are at their most useful if at least some illustrative material is provided.

The officer involved in the pre-application discussions is likely also to be the case officer for the processing of the application. We undertake to stand by our original advice in the way we process the subsequent application provided that the contents of the application have followed the initial written advice given, unless any new information material to the decision making process arises, for example as a result of views expressed by consultees. The case officer will co-ordinate any input of consultees, through a ‘development team’ approach where necessary. In some cases, officers may recommend direct discussions between the applicant and consultee. As well as identifying information requirements for validation, discussions with consultees may also identify whether any other consents are required.

A list of contacts is attached at Annex B.

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National List of Information Requirements

Applications for Outline Planning Permission

Applications for outline planning permission generally need not include details of any proposed reserved matters which comprise:-

Layout – the way in which buildings, routes and open spaces are provided within the development and their relationship to buildings and spaces outside the development.

Scale – the height, width and length of each building proposed in relation to its surroundings.

Appearance – the aspects of a building or place which determine the visual impression it makes, excluding the external built form of the development.

Access – this covers accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network.

Landscaping – this is the treatment of private and public space to enhance or protect the site’s amenity through hard and soft measures, for example, through planting of trees or hedges or screening by fences or walls.

However, if we receive an outline application and believe that the principle of the type of development proposed should not be considered separately from all or any of the reserved matters we will write stating that further details must be submitted and what these details are. We aim to do this within 5 working days. This is a separate process from the validation requirements described below (Article 3(2) of the General Development Procedures Order actually allows us one month to do this).

Applications for outline planning permission are required to be accompanied by the following:-

The Standard Application Form and Checklist (see Annex A)

Either submitted electronically or on paper. In the latter case 4 copies of the form are required.

Plans

Either submitted electronically or on paper. In the latter case 4 copies are required for validation purposes, but for major applications (10 or more dwellings, 1000m2 or more floorspace of other uses) or applications in Parished areas where more extensive consultation is required, please check with the Development Control Team the number of additional copies which would assist with carrying out the consultation process quickly.

The following plans are required:-

The Location Plan

All application plans must include copies of a location plan based on an up-to-date map. This should normally be at a scale of 1:1250 or 1:2500. In cases of developments on very large sites other scales may also be required. Plans should wherever possible show at least two named roads and surrounding buildings. The properties shown should be numbered or named to ensure that the exact location of the application site is clear.

The application site must be edged clearly with a red line. It should include all land necessary to carry out the proposed development – for example, land required for access to the site from a public highway, visibility splays, landscaping, car parking and open areas around buildings.

A blue line should be drawn around any other land owned by the applicant, close to or adjoining the application site.

Other Plans

The nature of other plans required will depend on whether one or more reserved matters are being submitted at this stage (see section below on applications for full planning permission).

Ownership Certificates

Under Section 65(5) of the Town & Country Planning Act 1990, read in conjunction with Article 7 of the GDPO, the LPA must not entertain an application for planning permission unless the relevant certificates concerning the ownership of the application site have been completed. All applications for planning permission must include the appropriate certificate of ownership. An ownership certificate A, B, C or D must be completed stating the ownership of the property.

For this purpose an ‘owner’ is anyone with a freehold interest, or leasehold interest the unexpired term of which is not less than 7 years.

Notice(s)

A notice to owners of the application site must be completed and served in accordance with Article 6 of the GDPO.

Agricultural Holdings Certificate

This certificate is required whether or not the site includes an agricultural holding. All agricultural tenants must be notified prior to the submission of the application. This certificate is not required if the applicant is making an application for reserved matters, renewal of temporary planning permission, discharge or variation of conditions, tree preservation orders, or express consent to display an advertisement.

The correct fee (where one is necessary).

For validation purposes even if layout, scale and access are reserved an application will still require a basic level of information. As a minimum, applications must always include information on:-

Use – the use or uses proposed for the development and any distinct development zones within the site identified.

Amount of development – the amount of development proposed for each use (either numbers of dwellings or floorspace of other uses or both).

Indicative layout –an indicative layout with separate development zones proposed within the site boundary where appropriate.

Scale parameters – an indication of the upper and lower limits for height, width and length of each building within the site boundary.

Indicative access points – an area or areas in which the access point or points to the site will be situated.

In addition to the information above, applications for outline planning permission must also include a Design and Access Statement. The Design and Access Statement should contain the information set out in the table below:-

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OUTLINE APPLICATIONS

Application must include:

/ Design and Access Statements must: / Guidance notes for Small Schemes
Use – specified in the application / Explain and justify use or uses proposed, their distribution within the site if relevant and their relationship to uses surrounding the site. / In simple cases indicate why the proposed use(s) are appropriate to the site.
Quantum of development – specified in the application / Explain and justify the amount of development proposed and how this will be distributed within the site in terms of density of development and how this relates to the site’s surroundings. / The number of dwellings and/or floorspace proposed for other uses must be specified on the application form.
Indicative layout – with separate development zones proposed within the site boundary where appropriate. Where possible should also show individual blocks or building plots within each boundary / Explain and justify the principles behind the layout and development zones proposed and explain how these will inform the intended layout in terms of the relationship between buildings and public spaces within and surrounding the site. / In simple cases an indicative layout of buildings, access and parking facilities.
Scale Parameters – Indicate the upper and lower limits for the height, width and length of each building for which outline permission is being sought / Explain and justify the principles behind the intended scales proposed and explain how these will inform the final scale of buildings including why heights proposed have been settled upon, how they relate to the site’s surroundings and any relevant skyline. / In simple cases an explanation of the intended scale of buildings and how this will relate to the surroundings.
Indicative Access Points – Define an area or areas in which the access point or points to the site will be situated / Explain and justify the principles behind access and circulation proposals. This should include how the development will connect with the surrounding network and allow appropriate circulation within the site. Explain how these principles will inform the final access arrangements to and through the site and how inclusive access will be ensured. / In simple cases an explanation of why the location of the access shown on the indicative layout has been chosen and how it will ensure inclusive access for all to the development.
Landscaping –Information within the outline application where landscaping is a reserved matter. / Explain and justify the principles behind the intended hard and soft landscaping of private and public spaces, and how these will be used to create a landscape scheme. Explain the purposes of landscaping private and public spaces on the site in terms of biodiversity, amenity, safety, appearance and sustainability and its relationship to the surrounding area. Include information on which trees, hedges and other landscape features are to be retained and which are to be removed with reasons, relating this to the indicative layout (see Local Requirements). / Trees, hedges and other landscape features to be retained and removed (if applicable) and areas for new landscaping to be shown on the layout (see Local Requirements).
Climate change – proposals for mitigation of and adaptation to climate change / Explain how the development will contribute to:-

Reducing the need to travel by private car
Lowering energy demands for heating and cooling
Use of sustainable and renewable energy
Reduce the risk of flooding e.g. sustainable urban drainage
Reduce dependence on mains water

For dwellings how the development will perform in relation to the Code for Sustainable Homes
Waste – storage and recycling / Explain how sufficient space will be provided for waste and recycling bins/containers.
No mandatory requirement for information on the appearance of the development within the outline application where appearance is a reserved matter. / Explain and justify the principles behind intended appearance of the development explaining how this will relate to the appearance and character of the development’s surroundings. / In simple cases explain the style of buildings and the intended materials to be used.

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Application for Full Planning Permission

Applications for full planning permission are required to be accompanied by the following:-

The Standard Application Form and Checklist (see Annex A)

Either submitted electronically or on paper. In the latter case 4 copies of the form are required.

Plans