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Guidance note on the validation of planning applications

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Guidance note on the validation of planning applications

    Annex 1

    Guidance Note on the Validation of Planning Applications

Introduction

    In order for the County Council to deal properly and efficiently with the planning applications it receives it is essential that the correct information is submitted from the outset.

This guidance note sets out what “minimum” requirements applicants need to

    submit to enable the proper validation and determination of applications. This will ensure that applications are “fit for purpose” and minimise the need for the submission of information at a later stage. This in turn will enable the County Council to provide an efficient planning service and help us to achieve our targets for the determination of planning applications.

    The County Council recognises that the scale and type of applications vary and this will require the submission of differing levels of information and supporting documentation. This guidance note takes this into account in the scope of information needed for various types of application (including those for full and outline planning permission, reserved matters and applications for Certificate of Lawful Use or Development).

Pre-application advice

    The County Council encourages applicants and their agents to seek pre-application advice. This is particularly relevant for larger, more complex or potentially controversial proposals. This should help applicants identify the information and details that needs to be submitted with their application. Such an approach can help minimise delays later in processing the application and identify whether other consents may be required.

The following pages set out:

     ;Essential information (National requirements) that must be submitted with all

    applications, and

Supplementary information/supporting documents (Local List) that must be

    submitted with planning applications depending on their type and scale.

     ; This is required as it constitutes necessary information under the Town and Country Planning Act 1990 (as amended), the Town and Country Planning (General Development Procedure) Order 1995 (and subsequent amendments), the Town and Country Planning (Applications) Regulations 1988 and in accordance with Best Practice Guidance on the Validation of Planning Applications, ODPM March 2005 (and the draft guidance issued by DCLG in August and December 2007).

Essential Information (National requirements)

The following forms, plans and information are compulsory and must be submitted

    with all applications for full planning permission.

The planning application form:. The original plus 3 copies of the planning

    application form must be submitted to meet statutory requirements. No copies are required if the application is submitted electronically. From 6 April 2008 all applications (except those for Minerals applications) must be submitted on the relevant standard planning application form (1APP), either in paper form or electronically.

    Planning application forms are available on line at www.nottinghamshire.gov.uk. or

    via the Planning Portal at www.planningportal.gov.uk.

    The correct fee (where one is necessary). Cheques should be made payable to "Nottinghamshire County Council". See Nottinghamshire County Council or Planning Portal websites for current fee schedule and exemptions.

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

    Agricultural Holding 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 application is for reserved matters, renewal of a temporary planning permission, or for the discharge or variation of conditions.

    The Location Plan: The original plus three copies of the location plan are required to comply with the legislation (unless submitted electronically).However the County Council will require 8 copies for all minerals and waste applications. This should be at a scale of 1:1250 or 1:2500, based on a metric, OS map, indicate north point and give a drawing reference number. In exceptional circumstances, such as a development covering a large area, location plans of a smaller scale may be more appropriate to enable the application site to be identified. The application site should 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 etc. A blue line should be drawn around any other land owned by/ under the control of the applicant, close to or adjoining the application site. The location plan should wherever possible show at least two named roads, surrounding buildings and features.

    Other plans: The legislation requires the original plus 3 copies of all other plans (unless submitted electronically); again Nottinghamshire County Council will require 8 sets of plans for all minerals and waste applications. For details of specific plans required see the Guidance notes accompanying the planning application forms. This

    will vary according to the type of development proposed. All plans should be at an appropriate scale and include a drawing reference number and a title.

Design and Access Statement: A Design and Access Statement must accompany

    all applications except those which are for engineering or mining operations or involve a material change in the use of land or buildings. The Design and Access Statement should cover both the design principles and concepts that have been applied to the proposed development and how issues relating to access to the development have been dealt with. The level of detail required in a statement will depend on the scale and complexity of the application. Statements should be proportional to the complexity of the application. What is required in a statement is set out in Article 4c of the GDPO and the Department for Communities and Local Government Circular 01/06 (see below).

    Where relevant, Design and Access Statements should also indicate how crime and disorder and designing out crime have been taken into account in the layout and design of the development.

Further information

    Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006. Statutory Instrument No 1062.

    Planning Policy Statement 1: Delivering Sustainable Communities. Circular 01/2006 Guidance on changes to the development control system. (see www.communities.gov.uk for the above documents)

    Publication by the Commission for Architecture and the Built Environment (CABE)

    Design and Access Statements How to write, read and use them, 2006.

Local List (Supplementary information/supporting documents)

    In addition to the national requirements above, the list below (based on Government guidance) sets out further information and assessments that must be submitted with planning applications depending on their type and scale. This information is required to enable the validation of your application. As requirements will vary from case to case you are advised to contact us at an early stage if you are unsure about what information you will need to submit.

    Four copies of all documents should be submitted, although more copies may be requested where a significant amount of consultation is to be carried out. Some sections include references where further guidance can be found.

    [A checklist is attached which should be completed and submitted with your application identifying the information that has been provided.]

1. Supporting Planning Statement

    A statement required for all applications explaining the need for the proposed

    development and demonstrating how it complies with policies in the

    Development Plan and other relevant documents. Where a proposal does not

    comply with policy a statement must be provided to justify the need or set out

    overriding reasons as to why the proposal should go ahead. It should also

    include details of any consultation with Development Control officers or other

    County Council staff and wider community/statutory consultees undertaken

    prior to submission.

Further information

Planning Policy Statement 12 Creating Local Development Frameworks (Chapter

    7). (See www.communities.gov.uk

2. Environmental Statement

     An Environmental Statement will be required if your proposal is likely to have

    significant effects on the environment. The Town and Country Planning

    (Environmental Impact Assessment) Regulations 1999 sets out the

    circumstances in which an Environmental Impact Assessment is required. For

    further guidance, including indicative criteria and thresholds for proposals

    requiring environmental assessment, see documents listed below. You are

    entitled to receive a formal screening opinion as to whether an Environmental

    Impact Assessment would be required. Where an Environmental Impact

    Assessment is required you are entitled to receive a scoping opinion as to the

    key environmental issues the Environmental Statement should cover.

    Further information

    The Town and Country Planning (Environment Impact Assessment) (England

    and Wales) Regulations 1999

    Circular 2/99 Environmental Impact Assessment

    Environmental Impact Assessment: A Guide to Procedures DETR, Nov 2000.

3. Transport Assessment

     A Transport Assessment (TA) will be required for all major developments (see

    definition at end of this document) and any other 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 traffic implications. Information should include all existing and

    proposed vehicular and pedestrian movements to and from the site. Loading

    areas and arrangements for manoeuvring, servicing and parking of vehicles

    should also be clearly identified. The assessment should describe and

    analyse existing transport conditions and explain how the development would

    affect those conditions and measures proposed to overcome any problems. A

    sustainable approach to transport should be explored for all proposals and the

    TA should give details of proposed measures to improve access by public

    transport, walking and cycling.

     For smaller developments where staff numbers are not so significant a

    Transport and Parking Appraisal (TAPA) will be required. Applicants should

    submit details of employee numbers, an assessment of accessibility by non-

    car modes and an estimate of both vehicle and cycle parking spaces. The

    TAPA form may be found at Appendix 2 in the Parking Provisions for New

    Developments-Supplementary Planning Guidance document detailed below.

Further information

    Planning Policy Guidance Note 13: Transport. (See www.communities.gov.uk) RPG8 Regional Planning Guidance for the East Midlands.

    Sustainable Developer Guide for Nottinghamshire July 2004.

    Guidance on Transport Assessment, published by the Department for Transport

    March 2007.

    Highways Design Guide Highways, transportation and development, April 2009 (see www.leics.gov.uk/htd).

4. Draft Travel Plans

     Draft Travel Plans should outline the way in which transport implications of the

    development are going to be managed in order to ensure the minimum

    environmental, social and economic impacts. The draft travel plan should

    have a strategy for its implementation that is appropriate for the development

    proposal under consideration. It should identify the travel plan coordinator, the

    management arrangements and the timetable of the plan.

     School Travel Plans will be required for all planning applications involving new

    schools or significant extensions to existing schools - these should address

    parent, staff and pupil parking and pedestrian access.

    Further information

    Using the planning process to secure travel plans: best practice guidance for local authorities, developers and occupiers - ODPM and DfT, 2002.

    School Travel Plan officers, Communities Department (formerly Environment), Nottinghamshire County Council.

5. Planning Obligations Draft Heads of Terms

     Where relevant, the draft heads of terms for a Section 106 agreement or

    unilateral undertaking should be provided with the submission of the planning

    application. Applicants should specify the County Council's requirements as

    established in any pre-application discussions.

Further information

Circular 05/ 2005: Planning Obligations.

    Planning Obligations: Practice Guidance and model planning obligation (S106 )

    July 2006

    (See www.communities.gov.uk)

6. Flood Risk Assessment

     An appropriate Flood Risk Assessment (FRA) will be required to demonstrate

    how flood risk from all sources of flooding to the development itself and flood

    risk to others will be managed now and taking climate change into account.

    Planning applications for development proposals of 1 hectare or greater in

    Flood Zone 1 and all proposals for new development located in Flood Zones 2

    and 3 should be accompanied by a Flood Risk Assessment (FRA). Refer to

    the Environment Agency for information about zones. The FRA should identify

    and assess all forms of flooding to and from the development and

    demonstrate how these flood risks will be managed.

     The FRA should be prepared by the applicant in consultation with the Local

    Planning Authority and the Environment Agency.

Further information

Planning Policy Statement 25: Development and Flood Risk. (See

    www.communities.gov.uk)

    Environment Agency: Planning Liaison Officer, Scarrington Road, West Bridgford, Nottingham, NG2 5FA (tel: 0115 846 3654) www.environment-agency.gov.uk Building a Better Environment- A guide for developers, published by the Environment Agency November 2006.

7. Land contamination survey

     A desktop survey to establish the extent of contamination and proposed

    remedial works will be required in support of all planning applications involving

    sites which have previously been used for industrial purposes, landfill or other

    potentially contaminating uses. Where contamination is known to exist more

    detailed investigation will be required.

Further information

Planning Policy Statement 23 Planning and Pollution Control. (See

    www.communities.gov.uk)

    Landscape and Reclamation Team Communities Department, Nottinghamshire

    County Council.

    Developing Land within Nottinghamshire A Guide to submitting planning

    applications for land that may be contaminated Nottinghamshire County Council

    2003.

8. Tree survey/arboricultural implications

    Where a proposal involves works that affect any trees or hedgerows within the

    application site, the position, species, spread and roots of trees should be

    illustrated accurately on the site plan. This must indicate any trees which are

    to be felled or are otherwise affected by the proposed development. For large

    scale proposals, or those on sites with significant tree coverage, it may be

    appropriate to submit further information during the course of the application

    following a detailed tree survey. The location of any trees within adjacent

    sites, including street trees, which may be affected by the application, should

    also be shown. 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 suitably qualified and experienced

    arboriculturist.

Further information

BS5837; “Trees in relation to construction, 2005

    Nottinghamshire County Council - Tree Conservation and Maintenance Policy- July 2000

9. Listed Buildings/Conservation Areas

     Proposals affecting listed buildings and conservation areas will require early

    consultation with conservation and planning officers at the County Council as

    well as liaison with officers at the relevant District Council (who are

    responsible for processing listed building consent and conservation area

    consent applications). Applicants must submit relevant supporting

    documentation as required by Planning Policy Guidance Note 15.

Further information

Planning Policy Guidance 15 Planning and the historic environment, Sept 1995.

    (see www.communities.gov.uk )

    Conservation Officers Nottinghamshire County Council and relevant District

    Council.

    A Charter for English Heritage Advisory Services www.english-heritage.org.uk

10. Archaeological Assessment

    Applicants submitting proposals which affect ancient monuments or sites of

    archaeological importance will be required to undertake an archaeological

    assessment as part of the application. The level of assessment required will

    depend on the archaeological sensitivity of the site. Advice should be sought

    from Archaeological Officers at the County Council. Documentation to support

    the application must be submitted in accordance with policy advice set out in

    PPG 16.

Further information

Planning Policy Guidance 16: Archaeology and Planning (See

    www.communities.gov.uk)

    Archaeological Officer Nottinghamshire County Council.

    Royal Commission on the Historic Monuments of England.

11. Biodiversity survey and report

     Where a proposed development may have potential impacts on wildlife and

     biodiversity, information should be provided on existing biodiversity interests

     and possible impacts on them.

     Where proposals are 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 that will affect areas designated for their

     biodiversity interests are likely to need to include assessments of impact

     and proposals for long term maintenance and management. An Ecological/

     Geological Survey must be submitted where a proposed development is

     likely to affect such a site, habitat or geological feature.

     Where a proposal, such as the demolition of buildings or roof spaces,

    removal of trees, hedgerows or alterations to water courses, is likely to affect

    protected species, the applicant must submit a Protected Species Survey

    and Assessment. This must be undertaken by a suitably qualified person at

    an appropriate time and month of year, in suitable weather conditions and

    using nationally recognised guidelines and methods.

     Where relevant, early consultation with Natural England is recommended

     prior to the submission of the application.

Further information

    Planning Policy Statement 9: Biodiversity and Geological Conservation (August 2005) see www.communities.gov.uk

    Biodiversity and Geological Conservation- Statutory obligations an their impact within the planning system (ODPM Circular 06/2005)

    Planning for Biodiversity and Geological Conservation: A Guide to good practice (ODPM 2006)

    BSI: PAS 2010 Planning to halt the loss of Biodiversity

    Association of Local Government Ecologists: good practice template www.alge.org.uk

    Natural England - www.naturalengland.org.uk/

    Nottinghamshire Wildlife Trust, www.wildlifetrust.org.uk/nottinghamshire

12. Noise Assessment

     A Noise Impact Assessment should be submitted with all applications for

    potentially noise producing developments and uses where these are likely to

    raise issues of disturbance to the occupants of nearby existing buildings.

    Proposals for noise sensitive uses close to existing sources of noise should

    also be accompanied by a Noise Impact Assessment. These should be

    prepared by a suitably qualified acoustician and should include information on

    existing and proposed noise levels ( including night-time noise levels where

    relevant) and where appropriate should recommend a scheme of measures to

    mitigate noise impact.

Further information

    Planning Policy Guidance Note 24 : Planning and Noise. (www.communities.gov.uk) Environmental Health Officers: District Councils.

    BS4142 Method for rating noise affecting mixed residential and industrial areas 1997.

13. Air quality Assessment

    Proposals that impact on air quality or are potential pollutants should be

    supported by an air quality assessment indicating the change in air quality

    resulting from the proposed development and outlining appropriate mitigation

    measures.

Further information

Planning Policy Statement 23: Planning and Pollution Control

    (www.communities.gov.uk)

14. Sunlighting/daylighting/lighting Assessment

    Sunlighting/daylighting assessments are to be undertaken and submitted for

    all applications where there is a potential adverse impact upon current levels

    of sunlight/daylight enjoyed by adjoining properties or buildings, including their

    gardens or amenity space.

    Where significant external lighting is proposed as part of a development (for

    instance, floodlighting of a multi-use games area) the application must include

    a layout plan with beam orientation, a schedule of the proposed equipment

    and the proposed measures to reduce any impact on neighbouring

    sites/properties.

Further information

    British Research Establishment (BRE): Site layout planning for daylighting and sunlighting; a guide to good practice Report 209, 1991

     Lighting in the countryside; Towards good practice (1997)

    15. Statement of Community Involvement

     Where relevant, applications need to be supported by a statement detailing

     how the requirements for pre-application consultation set out in the Council‟s

     adopted Statement of Community Involvement has been met. In particular

     this should demonstrate that the views of the local community have been

     sought and taken into account in the formulation of development proposals.

Further information

    Nottinghamshire County Council Statement of Community Involvement- adopted January 2007 (see www.nottscc.gov.uk)

    Creating Local Development Frameworks; A Companion Guide to PPS12 (Nov 2004).

Processing of applications

    The County Council will confirm in writing whether an application is valid within 3 working days from receipt (within 5 working days for major applications and within 10 working days for large-scale major applications see definitions below).

     A letter will be sent to the agent/applicant confirming the validity of the application and the start date of the statutory period for determination.

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