Charging for Pre-Application Advice. Guidance Note London Borough of Newham. March 2015

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1 Charging for Pre-Application Advice Guidance Note London Borough of Newham March 2015 This guidance note provides information regarding the Council s preapplication advice service and the relevant charges. This note is structured as follows: 1. About the London Borough of Newham 2. The Importance of Pre-application Discussions 3. The Pre-application Advice Service 4. Project Planning Performance Agreements 5. The Charges for Pre-application Advice 6. What you need to do 1. About the London Borough of Newham The London 2012 Olympic and Paralympic Games has launched the London Borough of Newham onto the global stage. Newham is now established as a focus for investment and economic growth. Newham is home to a large and ethnically diverse population and is undergoing an ambitious and far reaching physical transformation. We have a wide range of major regeneration projects underway, including the landmark development areas of Stratford City, the Royal Docks, Canning Town and of course the Legacy of the 2012 Games. We are home to the University of East London (UEL), ExCel Exhibition Centre and London City Airport. The decline of traditional employment has left vast areas of under-utilised land, particularly in the Lower Lea Valley, Royal Docks and Thames-side areas. However these areas are now well served by public transport and are designated for major redevelopment in the Council s adopted Core Strategy. Page 1 of 14

2 2. The Importance of Pre-application Discussions Pre-application discussions are specifically encouraged in the National Planning Policy Framework (NPPF). The Council also has powers under the Local Government Act 1972, 2000, 2003 to charge for discretionary services such as pre-application advice. Larger applications submitted to Newham can raise very complex issues and we want to be able to assist developers through the planning process in order to deliver high quality schemes. We see pre-application advice as an important tool in achieving this and we encourage such discussions before a developer submits an application. Pre-application discussions offer particular benefits, including: more certainty at an earlier stage in the process by front-loading discussions regarding key issues; clarity regarding relevant planning policies and site specific issues; assessment of development proposals by officers, senior managers and technical officers (for example relating to transport, design and environmental health) at an early stage in the process; the opportunity to steer projects in the right form that will be attractive to the community and acceptable to the local planning authority; reducing the risk of abortive work and associated delays and costs; early discussions regarding potential planning conditions and S106/CIL costs; clarifying the documents that need to be submitted with a planning application to ensure it is valid upon receipt; a reduction in the number of planning applications that are refused or withdrawn because the development is unacceptable; reducing the likelihood of amended plans being required once an application is submitted; and speedier planning decisions once an application is submitted; By charging for pre-application advice we can allocate more resources to this all important early stage of the process and provide good advice from senior officers. We know from experience that developers generally welcome such a service. For major planning applications we also like to agree a Project Planning Performance Agreement (PPPA) with the applicant to agree a timetable for progressing a development proposal from pre-application discussions to a decision regarding a planning application. Page 2 of 14

3 3. The Pre-application Service 3.1 The Standard Pre-application Advice Service In summary the standard pre-application advice service we offer is structured as follows: Within 5 working days of receiving a request we will provide written confirmation as to whether the pre-application service is applicable and what the fee will be; Within 10 working days of receiving the pre-application information and relevant fee we will arrange a suitable meeting date and confirm which Council officers will be in attendance; Within 15 working days of the meeting we will provide a pre-application report setting out: the relevant planning policies our assessment of the key planning issues advice regarding potential S106 heads of terms and CIL charging a list of the documents that would need to accompany a planning application advise whether further meetings are recommended. 3.2 Role of Councillors Development Control Members Forum Newham has set up an internal member/officer meeting called Development Control Members Forum which usually meets fortnightly. This is not a public meeting but where appropriate developers are invited to present their scheme at the pre-application stage. The Development Control Members Forum receives reports on major and strategic developments within the Borough and provides a forum for Member questions. Officers will decide whether it is appropriate for a particular development to be presented to the Forum at pre-application stage. 3.3 Design Review Panel It should be noted that the standard pre-application service does not include the pre-application being reviewed by the Council s Design Review Panel. There is a separate fee to cover this aspect of the service. The Newham Design Review Panel provides expert independent professional design advice on pre-application proposals for key developments in the borough. The Panel consists of highly qualified professionals within the built environment, including architects, landscape architects, public realm Page 3 of 14

4 specialists and urban designers. The Panel members have been appointed by Newham Council through a competitive application process and the Panel exists to advise Newham Council, however it offers independent design advice. It does not have decision-making powers, but serves as an advisory body helping the Council to achieve high quality urban and architectural design for its residents. It is recommended that all major development proposals are reviewed by the Design Review Panel at pre-application stage. The cost of Design Review Panel will be added to the pre-application fee. In 2009, Newham's DRP was highlighted as a case study in "Design Review, principles and practice", a best practice guide on Design Review Panels published by the Commission of Architecture and the Built Environment and the Royal Institute of British Architects. More information on Newham s Design Review Panel can be found at the following website: nreviewpanel.htm Page 4 of 14

5 4. Project Planning Performance Agreements (PPPA) For all major development proposals we strongly recommended that applicants sign up to a Project Planning Performance Agreements (PPPA) with the Council from the outset. Simply put, a PPPA provides a framework through which the applicant and the Council commit resources and work together to manage the entire planning process in a timely manner based on key targets and milestones. A PPPA is based on an agreed project programme starting with initial preapplication discussions and leading through to a decision regarding the planning application. The PPPA enables the Council to commit a dedicated experienced planning officer throughout the process to priorities the delivery of the agreed programme. From experience we know that a PPPA speeds up the planning process and reduces risk. This is achieved through front loading a series of intensive planning discussions from the outset of the project, offering clarity for all involved and thus enabling a planning decision to be reached within an agreed timeline. It is recommended that an early liaison is undertaken with Development Control to assess whether a PPPA is appropriate for your proposal. We will then send you a draft PPPA including a draft Project Programme tailored to your proposed development. The PPPA commits both parties to an agreed timetable, which contains milestones based on the Project Programme. This includes the likely number of meetings necessary and the officers required to assess the relevant issues and ensure that all key planning issues are properly considered. The PPPA will also ensure that priority is given for review of the proposal by the Council s Design Review Panel and Development Control Members Forum and any other necessary Council bodies. Once the framework has been agreed, we will quote a fee for the PPPA package. The fee will be based on the time and resources necessary for the Council to deliver the PPPA based on the level of experience of the case officer responsible for overseeing it. The key benefits of using a PPPA are set out below: Page 5 of The PPPA improves and speeds up the planning process by committing all parties to an agreed programme tailored to the specific needs of the project. 2. The project programme within the PPPA contains logical milestones setting out a clear route through the planning process, including regular meeting dates, working groups (to discuss specific planning issues such as affordable housing and Section 106 matters) and presentations to Councillors, advisory bodies (such as the Design Review Panel) and decision making committees. 3. The PPPA front loads a series of regular pre-application meetings in order to identify the key planning issues at an early stage and to steer

6 the project in the right direction. This will assist in ensuring certainty regarding the relevant planning issues when the formal application is submitted for consideration, avoiding abortive work and speeding up the statutory process. 4. The PPPA would commit the Council to attend meetings with other decision making partners (such as the GLA). This would speed up the process by helping to foster a consensus of opinion and consistency of planning advice from the decision making partners. It also minimises duplicate working. 5. The PPPA clarifies the resource implications for all parties at an early stage and commits the parties to making those resources available to ensure that the programme is met and all key planning issues are properly considered. 6. The PPPA will commit the parties to provide a core team of officers focused on the project and the delivery of the programme. 7. The PPPA will commit the Council to provide a dedicated planning case officer prioritising the delivery of the project programme. The case officer, along with the agreed core teams, will be available for regular meetings, discussions and advice in accordance with the commitments contained in the PPPA. 8. The PPPA commits the Council to provide specialist officers (relating to matters such as transportation, access, environmental health and housing) and to provide advice at key points in the process (working groups). 9. The PPPA commits the parties to work together as a team and in good faith, and to respect each others interests and confidentiality. 10. The PPPA commits the parties to be transparent and consistent at all times so that outcomes are anticipated, defined and understood. 11. The PPPA ethos is to establish a collaborative relationship based on trust, with good communication and regular exchanges of information. 12. The PPPA allows the project programme to be amended if the need arises, subject to agreement by the parties. Without a PPPA the decision making partners are required to make a decision on the planning application within the 13 week period prescribed by government, regardless of any outstanding unresolved Page 6 of 14

7 5. The Charges for Pre-application Advice Free Advice Free advice is given on all of the following categories of development: Extensions and alterations to single domestic dwellings (including prior approvals); Advice to third parties, e.g. local residents affected by proposals. Charging Categories Charging applies to pre-application advice relating to the following categories of development: A) Small Scale Development Flat conversions up to 3 units; 1 to 3 residential units; Non-residential developments of 99 sq.m or less; Changes of use of less than 99 sq.m; Advertisements to business premises / shop fronts; Approval of conditions (except reserved matters); Certificates of lawfulness; and Prior approvals within this category. B) Medium Scale Development Flat conversions incorporating more than 3 units; 4 to 9 residential units; Non-residential development sq.m floorspace; Changes of use sq.m of floorspace; Advertisement hoardings/poster panels; Extensions or alterations to listed buildings; Telecommunication equipment and masts; Reserved matters pursuant to outline permissions within this category; Amendments to previously approved schemes within this category; and Prior approvals within this category. C) Major Scale Development 10 to 99 residential units; Non-residential developments of 1, sq.m of floorspace; Change of use of sq.m of floorspace; Reserved matters pursuant to outline permissions within this category; Amendments to previously approved schemes within this category; and Prior approvals within this category. D) Large Major Development Page 7 of 14

8 residential units; Non-residential development of 5,000-15,000 sq.m of floor space; Change of use of 5,000-15,000 sq.m of floorspace; Development with a site area of between 0.5 and 1 ha; Reserved matters pursuant to outline permissions within this category; and Amendments to previously approved schemes within this category. E) Strategic Large Major Scale 150 or more residential units; Non-residential development exceeding 15,000sq.m of floor space; Change of use exceeding 15,000sq.m of floorspace; Development involving a site area exceeding 1 ha; Reserved matters pursuant to outline permissions within this category; and Amendments to previously approved schemes within this category F) Project Planning Performance Agreements Please refer to part 4 of this guidance note. PPPAs are usually agreed for development proposals where a series of meetings will be necessary, particularly relating to: Major Scale Development Large Major Development Masterplans Planning briefs Page 8 of 14

9 Table 1: Pre-application Charging Categories and Fees The charges for the above categories of pre-application advice are set out below. Pre-application Category Free Advice: Extensions and alterations to single domestic dwellings (including prior approvals); and Advice to third parties, e.g. local residents affected by proposals. Fee - First Meeting Free Fee - Follow-up Meeting Free A) Small Scale Flat conversions up to 3 units; 1 to 3 residential units; Non-residential developments of 99 sq.m or less; Changes of use of less than 99 sq.m; Advertisements to business premises / shop fronts; Approval of conditions (except reserved matters); Certificates of lawfulness; and Prior approvals within this category 1,890 + VAT 378 = 2, VAT 189 = 1,134 Page 9 of 14

10 B) Medium Scale Development Flat conversions incorporating more than 3 units; 4 to 9 residential units; Non-residential development sq.m floorspace; Changes of use sq.m of floorspace; Advertisement hoardings/poster panels; Extensions or alterations to listed buildings; Telecommunication equipment and masts; Reserved matters pursuant to outline permissions within this category; Amendments to previously approved schemes within this category; and Prior approvals within this category. 4,000 + VAT 800 = 4,800 2,000 + VAT 400 = 2,400 C) Major Scale Development 10 to 99 residential units; Non-residential developments of 1, sq.m of floorspace; Change of use of sq.m of floorspace; Reserved matters pursuant to outline permissions within this category; Amendments to previously approved schemes within this category; and Prior approvals within this category. 5,850 + VAT 1,170 = 7,020 2,925 +VAT 585 = 3,510 Page 10 of 14

11 D) Large Major Development residential units; Non-residential development of 5,000-15,000 sq.m of floor space; Change of use of 5,000-15,000 sq.m of floorspace; Development with a site area of between 0.5 and 1 ha; Reserved matters pursuant to outline permissions within this category; and Amendments to previously approved schemes within this category 8,370 + VAT 1,674 = 10,044 4,185 + VAT 837 = 5,022 E) Strategic Large Major Scale 150 or more residential units; Non-residential development exceeding 15,000sq.m of floor space; Change of use exceeding 15,000sq.m of floorspace; Development involving a site area exceeding 1 ha; Reserved matters pursuant to outline permissions within this category; and Amendments to previously approved schemes within this category 8,910 + VAT 1,782 = 10,692 4,455 + VAT 891 = 5,346 F) Project Planning Performance Agreements (PPPA) This service is subject to one fee determined by the resources required to deliver the PPPA programme and will be bespoke to each individual proposal (+ VAT). G) Design Review Panel First meeting: 3,500 + VAT 700 = 4,200 Follow up reviews: 2,550 + VAT 510 = 3,060 Chair s workshop: 1,350 + VAT 270 = 1,620 Page 11 of 14

12 H) Review of Financial Appraisal / Development Viability For developments proposing non-policy compliant levels of affordable housing and/or family housing and/or S106 contributions, the Council is likely to require the submission of a financial appraisal. I) Environmental Impact Assessment Review EIA Screening Opinion EIA Scoping Opinion Environment Statement ES topics The applicant will be expected to cover the Council s reasonable costs associated with the appointment of a third party consultant to review the financial appraisal. The cost will be bespoke to the project (+ VAT). The Council has procured consultants to provide technical advice relating to Environmental Statement matters. The applicant will be expected to cover the Council s reasonable costs associated with the appointment of the consultants to review ES matters. The cost will be bespoke to the project (+ VAT). J) Pre-applications within the LLDC Area The Council seeks to work in partnership with the LLDC to jointly assess pre-application submissions within the LLDC area. For major projects our preference is to enter into a PPPA with the applicant and the LLDC. For one-off standard pre-application meetings and written feedback we offer a 20% reduction based on the charges set out for categories B-E above. Page 12 of 14

13 6. What you need to do Contact Us To request a pre-application meeting please write to us including a covering letter, plans and the relevant fee using the details below: Post: Development Control First Floor, West Wing Newham Dockside London E16 2QU Information Required The Council will require a basic level of information to ensure that proper advice can be given. The following is not exhaustive but is a useful guide to what you will need to ensure that you get the advice and guidance you need. The more information you provide us at pre-application stage the greater the extent to which we can provide you with comprehensive pre-application advice. The list below sets out the minimum level of information we recommend you submit to allow us to make a thorough assessment of your proposed development at pre-application stage: Covering Letter - including details of: o site ownership and the applicant s status; o site address; o the existing use of site and relevant planning history; and o the proposed development, including details of land uses, scale and height of built form, schedule of floor space, housing details such as tenure/mix/size (where relevant). Drawings/Plans including: o location plan at 1:1250, with site outlined in red, any adjoining land in the ownership of the applicant outlined in blue; o plans and elevations of existing buildings on the site; and o plans and elevations of the proposed development. Supporting Information - Depending on the type/scale of the proposed development and how advanced the scheme is it may be helpful to include supporting information regarding the key planning issues, such as an urban design analyses, or draft Design and Access Statement. This is optional. Please provide a hard copy and CD containing all of the submitted Documents The relevant pre-application fee. Cheques need to be payable to London Borough of Newham. Page 13 of 14

14 Disclaimer Any advice given by Council officers at pre-application stage is not a formal planning decision by the Council as local planning authority. We will give you the best advice possible based on the information provided. This advice will be offered in good faith and to the best of our ability, without prejudice to any formal consideration of any planning application. We cannot guarantee that any subsequent planning application will be made valid or approved. However, pre-application advice should assist in helping applicants ensure that all necessary information is provided. This will reduce the risk of any subsequent application being declared invalid and it should assist applicants in increasing awareness of the relevant planning issues which will inform any subsequent decision as to whether or not an application will be approved. Page 14 of 14

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