Guidance Note on the Validation of Planning Applications
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).
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
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1988 and in accordance with Best Practice Guidance on the Validation of Planning Applications, ODPM March 2005 (and the draft guidance issued by DCLG in August and December 2007).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.
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.
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.
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.
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 –
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.
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.
Circular 05/ 2005: Planning Obligations.
Planning Obligations: Practice Guidance and model planning obligation (S106 ) –
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.
Planning Policy Statement 25: Development and Flood Risk. (See
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.
Planning Policy Statement 23 – Planning and Pollution Control. (See
Landscape and Reclamation Team – Communities Department, Nottinghamshire
Developing Land within Nottinghamshire – A Guide to submitting planning
applications for land that may be contaminated – Nottinghamshire County Council –
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
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.
Planning Policy Guidance 15 – Planning and the historic environment, Sept 1995.
(see www.communities.gov.uk )
Conservation Officers – Nottinghamshire County Council and relevant District
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
Planning Policy Guidance 16: Archaeology and Planning (See
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.
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.
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
Planning Policy Statement 23: Planning and Pollution Control
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
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.
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.