Babergh and Mid Suffolk District Councils Joint Local Validation List

Babergh and Mid Suffolk District Councils Joint Local Validation List

Joint Local Validation List –November 2016

Foreword

This is a joint document published by Babergh and Mid Suffolk District Councils to support the harmonisation of the Development Management activities of the Councils. The list is published for the purposes of The Town & Country Planning (Development Management) (England) Order 2010 as amended article 10(3)( c) and article 29(4)(c). The list is published for the purposes of planning and development management by the Head of Economy. It has been prepared in accordance with the 3 step process in paragraph 044 of CLG Planning Practice Guidance and regard has been had, in finalising the list, to consultation responses received from stakeholders and the community. The list is formally adopted under the authority delegated to the Head of Economy within the Councils joint Scheme of Delegation.

We welcome constructive comments from the community users and stakeholders in order to refine this list as an ongoing process to provide a balanced and proportionate set of requirements focused on the needs of the local economy, community and environment.The list will therefore be subject to appropriate revision “in real time” as work is undertaken to deliver the Joint Business Case for the evolution of the joint planning service for the Councils. The list may therefore be republished online from time to time to reflect these refinements as part of the service harmonisation and users are advised to check on the Councils website to ensure that they are using the up to date version of this list at the time of submission of their application.

Contents

1. Introduction

1. Pre-Application Discussions

1. Submission of Applications

1. The Validation Process

• What will happen to the application?
• What will we do?

1. The National and Local Validation Requirements

1. Further Information

1.Introduction

This document sets out the information required by the District Council’s for the validation of planning submissions and follows the requirements as set out in paragraph 194 of the National Planning Policy Framework and guidance in the Governments online National Planning Policy Guidance. As well as identifying the mandatory information that must be submitted with an application (the national list), it also identifies the need to submit additional information to satisfy local requirements (the local list). The identification of both the national and local requirements in this way is intended to help applicants with the preparation of their applications.

Our commitment is that we will only ask you to provide information that is necessary to enable us to evaluate your application against a material planning consideration.

2.Pre-application Discussions

Both Babergh and Mid Suffolk District Councils strongly encourage pre-application discussions for all applications to guide applicants through the application process and to ensure that applicants are aware of the information they need to submit. We believe that pre application discussions are particularly useful for larger and more complex schemes.

We recommend that applicants discuss the information needed to support their application as part of any pre-application discussion and where appropriate engage with the local community and/or neighbours. We will endeavour to identify the requirements for a valid application at pre-application stage and to assist this we will need applicants to provide as much clear information about the site and their development as possible. Such an approach can help to minimise delays in processing the application, identify whether other consents may be required and whether any other additional information will be required. If you don’t think that the information specified in the list is necessary then we would welcome the opportunity to discuss this with you and go through the planning issues of concern.

Agents and applicants should familiarise themselves with the requirements for information and Notices arising from Community Infrastructure Levy, which has been in operation for BMSDC since 11 April 2016.

As part of our commitment to constructive pre-application discussions we strongly recommend applicants discuss the Section 106 obligations which may be needed to make a proposal satisfactory and ensure the delivery of a sustainable development. We believe it is important to approach Section 106 obligations in a transparent and collaborative way. We will endeavour to clearly explain the policy and other planning impactswhich are likely to needSection 106 planning obligations.

Mindful that legal work associated with Section 106 may take time we will expect all applicants to have made clear progress toward resolving appropriate planning obligations that may affect them at the time their application is submitted and our normal approach will be that the Section 106 should be executed by all relevant parties well within the statutory timetable for the application.Further information on Section 106 is provided on our website and later in this document.

3.Submission of applications

Wherever possible we encourage applicants to submit applications electronically. We recognise, however, that the electronic submission of applications may not always be possible because of the nature of the information involved. In these circumstances, documents can be submitted in hard copy. In this event four copies of the application will need to be provided (the original plus three copies) and we would also expect applicants to provide a CD or similar to enable us to make the application information electronically available and speed up the process.

Where paper versions of the national standard planning application form are required, they can be obtained directly from the Planning Portal, a government run website providing information on planning.

4.The Validation Process

The validation of planning applications is essentially an administrative process to check that the right documents and fee (where applicable) have been submitted. We will look to work constructively with you at pre-application stage to make sure that your application is “right first time” and can be validated and processed promptly after you submit it.

We will only ask you for information which we consider reasonable and proportionate to the circumstances of your application to provide a balanced package of information that addresses the impacts of the proposal on the economy, community and environmentand demonstrates that the proposal is fundamentally achievable. This is particularly important in the case of Outline Applications where the majority of the detail would follow at a later stage via a Reserved Matters or Full Application.

We would ask you to bear in mind that we can make an application ‘invalid’ if the submitted application is not in accordance with either the national orlocal requirements e.g. Where there are clear inaccuracies (for example the plans and elevations are inconsistent) or if an application is missing a Heritage Statement but the proposal could impact on a listed building. The Council may, in certain circumstances, also invalidate an application if a document is submitted but has not covered the very basic information that it needs to, for example if a Design and Access Statement has not considered the sites context or access matters.

If this is the case we will try to help you to remedy the inaccuracies or deficiencies in your application in a timely way. We will normally contact you in the quickest way we can, probably by phone or email in the first instance, so that you can address the inaccuracies or deficiencies. We will follow that up with correspondence to clarify in writing what is needed unless we can agree an acceptable solution when we speak with you.

Where an application is invalid, we will normally declare the application “invalid” and not proceed to process it until the extra information or inconsistencies are addressed. We believe that this is the most efficient way of processing the application overall and will ensure that all of the stakeholders and members of the community who are consulted or interested in the application can find all of the relevant planning information at the same time. This will help avoid abortive dialogue and delay where relevant information is absent or inaccuracies are present. We believe that this also safeguards transparency and the principle of “no surprises” either way through the life of an application.

In validating applications we will expect all applications to conform to our reasonable and proportionate requirements based on the national and local list. Our objective will be to secure a clear high quality application.

If you do not engage in pre-application discussion with us we believe it is reasonable for you or your professional agent to accept that there is a measure of risk about the validation information required. If you disagree with us about the information requirements needed to validate your application we believe that it is reasonable for you to accept that this may carry a measure of risk and may make it more likely that we cannot grant permission for your application.

• What will happen to the application?

Applications will be marked with the date of receipt. This counts as day zero for the purposes of calculating the relevant time period.

The time period from application to decision will begin the day after a valid application and the correct fee (where a fee is payable) have been received. If the application has been submitted electronically it will be treated as having been delivered at 9am on the next working day after the day on which it is transmitted.

If an apparently valid application is later found to be invalid because the site plan or ownership certificate are incorrect, following registration, 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 by the submission of an amended site plan or certificate. This is the only circumstance in which the start date can be amended. It does not apply if the District Council requires additional information to determine the application.

When determining an application, the processing period cannot be stopped. Time spent in abeyance (for example, pending the signing of a Section 106 Agreement) will be included in the total time taken in processing the application.

We will try to deternineyour application in a timely way and within the statutory timescale for our decision unless we have agreed a bespoke collaborative timetable through a Planning Performance Agreement (PPA). If we recommend a PPA be used then we will ask you to agree that before your application is submitted. As part of the application procedures we may need to report your proposal to committee and we may need to allow sufficient time for that.

The processing period will end on the date a decision notice is despatched.

• What will we do?

We will aim to determine whether minor/other applications are valid within 3 working days from the date of receipt and for small-scale major applications within 5 working days (large-scale major applications may take up to 10 working days). A letter will be sent to the applicant confirming the validity of the application, the start date of the statutory period for determination and the date from when an appeal can be made.

Where an application is considered invalid we will notify the applicant as soon as possible and provide its reasons in writing to avoid any confusion. We will specify the information required in order to make the application valid. Where an application is not accompanied by the information required in this Local Validation List, the applicant should provide written justification with their submission as to why it is not appropriate in the particular circumstances. In such cases the District Council will not declare applications invalid unless there are special reasons for doing so but applicants must accept that this approach carries a measure of risk.

In circumstances where applicant does not agree with the requirement for information or plans set out by the District Council they may 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 and Country Planning Act 1990. For further information go to

• Amendments after validation

It is possible for an applicant to suggest changes to an application before the local planning authority has determined the proposal. It is equally possible after the consultation period for the local planning authority to ask the applicant if it would be possible to revise the application to overcome a possible objection. It is at the discretion of the local planning authority whether to accept such changes, to determine if the changes need to be reconsulted upon, or if the proposed changes are so significant as to materially alter the proposal such that a new application should be submitted.

If an applicant needs to update a supporting document or plan which was submitted via the Planning Portal, and the application has not yet been decided, the applicant should upload the replacement document or plan, ensuring that it is clearly labelled as such, and inform the local planning authority that a replacement document or plan has been uploaded.

• How to use this document

The national validation requirements and the local validation list are set out below at [5] and should be read together in order to establish the complete package of requirements that relates to your application.

1. THE NATIONAL AND LOCAL VALIDATION REQUIREMENTS

[A] National Validation List
The following are national statutory requirements for all applications required by the Government
Requirement / Policy Driver / When Required / Further Information / Where to Look for further assistance
Relevant Application Form (a 1App form) – completed in full including
Ownership Certificate, Notices and Declaration (the certificate and notice are imbedded within the application forms) / Article 6, Town and Country Planning (Development Management Procedure) (England) Order 2010
Article 11, Town and Country Planning (Development Management Procedure) (England) Order 2010 / All applications for planning permission and associated consents, except for applications for hazardous substance consent (see applicable regulations for a standard application template).
All applications for planning permissionor listed building consent to enable the LPA to be clear on who owns the site[1]
An ‘owner’ is anyone with a freehold interest or leasehold interest the unexpired term of which is not less than seven years.
An ‘agricultural tenant’ is a tenant of an agricultural holding, any part of which is comprised in the land to which the application relates. / Forms can be completed and submitted on line via the Planning Portal.
Forms can also be submitted in paper hardcopy format where the original plus three copies must be submitted
Notices must be served in accordance with Article 11, Town and Country Planning (Development Management Procedure) (England) Order 2010
The certificate provides certain details about the ownership of the application site and confirms that an appropriate notice has been served on any other owners (and agricultural tenants). The forms of notice are in Schedule 2 to the Town and Country Planning (Development Management Procedure (England) Order 2010).
An application is not valid, and therefore cannot be determined by the local planning authority, unless the relevant certificate has been completed. It is an offence to complete a false or misleading certificate, either knowingly or recklessly, with a maximum fine of up to £5,000. / Planning Portal
Town and Country Planning (Development Management Procedure) (England) Order 2010
Correct Fee / The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (as amended) / All applications where a fee is applicable under the regulations. / Cheques should be made payable to Babergh District Council or Mid Suffolk District Council depending on which planning authority you are applying to. Card payments can be made by calling the departments 01473 825 858 (Babergh) or 01449 724612 (Mid Suffolk)
Circular 04/2008 provides further details of planning fees (available on the Communities and Local Government website or the Planning Portal)
Please note that exemptions and reduced fees apply in certain circumstances; please see Babergh and Mid Suffolk District Councils Fee Sheets for further details / Planning Portal fee calculator
Babergh and Mid Suffolk District Councils Fee Sheets
The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (as amended)
A Plan identifying the land to which the application relates (a Site Location Plan) at a scale of 1.1250 or 1.2500 which is up to date and includes the direction of north / Article 6, Town and Country Planning (Development Management Procedure) (England) Order 2010 / All applications / Both Councils interpret this requirement to be a plan (please note that OS Plans may be subject to crown copyright)

• To a scale of 1:1250 or 1:2500[2] with the scale annotated
• Includes the direction of north (a north point)
• A red line defining the boundaries of the application site. The red line should be accurately drawn
• The red line should include all land needed to implement the development proposed including a link to the highway and visibility spays at the access.
• The drawing needs to have at least one named road annotated, this being the public highway the site joins. For larger or more remote sites, it will be necessary to have at least two named roads.
• All the surrounding buildings, roads and footpaths on land adjoining the site will need to be shown
• A blue line around all other land owned or controlled by the applicant close to or adjoining the application site
• This drawing should not show the proposed development.

The Council will require Site Location Plans as set out above for notifications and prior approval applications.
A location plan should be/be based on an up-to-date map. / Town and Country Planning (Development Management Procedure) (England) order 2010
Block Plan at a scale of 1.200 or 1.500 which includes the direction of north and shows the proposed development in relation to the site boundaries and other existing buildings on site, with written dimensions including those to the boundaries (from the proposed development) / Article 6, Town and Country Planning (Development Management Procedure) (England) Order 2010 / All applications / This drawing should also include the following where they are relevant to the planning assessment (please discuss with a planning officer)