A Guide to Pre-Application Advice and Fees and Planning Performance Agreements

Transcription

1 A Guide to Pre-Application Advice and Fees and Planning Performance Agreements V3 Sept 2014

2 Contents 1. Introduction 2. The Benefits of Pre-Application Advice 3. How do I obtain pre-application advice? 4. What information do I need to provide? 5. Pre-application Process Explained 6. What this Service will Provide 7. Follow up advice 8. Fee Schedule 9. Planning Performance Agreements (PPAs) 10. Disclaimer V3 Sept 2014

3 1. Introduction The service recognize the value of pre-application discussions for the more efficient handling of subsequent applications and therefore encourage applicants and their agents to engage in this process. A formalised paid pre-application advice is available on the following types of schemes: Large Major: >100 dwellings >10,000m 2 floor space including COU 1 falling in these categories Major: >10 dwellings >1,000m 2 floor space including COU 1 falling in these categories Medium: >1 dwelling >75m 2 floor space including COU 1 falling in these categories Other: 1 new dwelling <75m 2 floor space Other COU 1, Adverts, all other development types (exclusions excepted see below) Householder Listed Buildings and Conservation Areas: Works to listed buildings Proposals affecting buildings in conservation areas Please see separate guidance note and form. Exclusions Pre-application advice is also available for the following types of schemes; however there is no fee payable for these: Works to improve disabled access Advice on proposals where an application would be necessitated by Article 4 directions. 1 Change of Use (COU) V3 Sept

4 2. The Benefits of Pre-Application Advice Pre-application discussions help in testing the waters by providing early indications of the Council s view of a scheme. Pre application advice will provide you with the following benefits: understanding how our policies will be applied to your proposal; input from the Design and Conservation, Policy and Transport Planning teams where considered necessary; assisting in the preparation of proposals for formal submission, which, if you follow the advice of planning officers, should be handled more quickly and be more likely to result in a positive outcome; helping to reduce the time that you or your professional advisors spend in working up the proposals; indicating those proposals that are completely unacceptable and helping you to improve the quality of the proposed development. Your enquiry will be allocated to a planning officer who will co-ordinate comments from internal colleagues and provide you with feedback (generally within 20 working days), in order to reach consensus prior to submission of a formal application. The service is not compulsory and may not be appropriate for all schemes. However, the council actively encourages pre-application discussions for all appropriate types of development proposals before submission for formal consideration. 3. How do I obtain pre-application advice? A relevant pre-application advice service form is required for this type of advice. This should be completed and submitted, together with the documents described in the checklist on the application form. A copy of the application form can be found at the end of this document. Please send all requests to: Pre-application Advice Service Development Management Phoenix House 10 Wandsworth Road London SW8 2LL or alternatively by to: [email protected] If you have any queries about the procedure please contact the Development Management team on What information do I need to provide? The council will require certain information to be submitted with your pre-application enquiry to ensure that proper evaluation and robust feedback can be given. The pre-application advice form provides a check-list of information that should be submitted. This checklist is not necessarily an exhaustive list and in the case of some applications, in particular major schemes, more detailed information may be required. You will be contacted if further information is required. Please note that the level of information that you submit should be commensurate with the scale of the development that you are proposing. Plans and information about the existing site conditions, as well as specific details of your proposal are required so as to enable a desktop analysis to be carried out by officers. V3 Sept

5 Whilst it is appreciated that some pre-application enquiries (in particular major) are made prior to site acquisition, or at very early stages in the development process, the details submitted do need to be accurate, comprehensive and clear enough to enable informed comments to be made. The more information you are able to provide, the more useful our response will be. It may be appropriate to engage the services of a planning consultant to assist you with your submission. Requests for pre-application advice will also require the submission of a fee, please refer to the fee schedule located at the end of this document. Your request for pre-application advice will not be dealt with until a fee has been received along with all necessary information requested. 5. Pre-application Process Explained Within 10 working days of the service receiving a request, you will be contacted by phone or in writing to confirm that the formal pre-application advice route is the most appropriate, and if not, what alternative processes are available to you. If the pre-application process is applicable, we will also advise you as to whether sufficient information has been submitted, and if it hasn t been, what further details are required. A planning officer will also be assigned to handle your enquiry this person will be the case officer and primary point of contact, and will be responsible for all stages of the process. Large Major and Major Schemes Development Management operates a one stop shop for dealing with major pre-application enquiries to avoid the need for different sections of the council to be engaged independently. This means that should Transport Planning or other areas of the council require input, the service will obtain that information directly for you. Development Management operates a weekly major applications team meeting which is attended by the Director of (or in their absence, a nominated senior officer), and officers from Policy, Conservation and Design, Highways and Crime Prevention. Other officers attend as required depending on the size and complexity of the proposal. The case officer will endeavour to report your case to the first available major applications team meeting, which will ideally be no later than 10 working days following on from your initial query and/or submission of adequate information. It is unlikely that the case officer will need to meet you before the major applications team meeting, but in circumstances where this is appropriate, you will be advised accordingly. The case officer or colleagues may also contact you if they wish to visit the site. In some circumstances, such as where a site is being marketed, a number of requests for pre-application advice may be received simultaneously. Where these cannot be accommodated in the timescales required, the council may agree to consider a less detailed scheme where it is necessary to establish the relevant key issues prior to considering the proposal in greater detail. For larger and / or more complex schemes, or where more than one council department has an interest, the process may take longer and require various exchanges and / or meetings. In these cases, the assigned case officer will contact you and agree an appropriate response date and procedure for handling your enquiry. Following your scheme being heard at the major applications meeting, we will either give you written feedback or invite you to a meeting to discuss your proposals further (the minutes from the meeting will be subsequently confirmed in writing). V3 Sept

6 Medium and Other Schemes For these types of pre-application advice, your enquiry will be passed to the relevant area team and a planning officer will be responsible for ensuring that your scheme is reviewed and the advice provided within 20 working days. If required, Policy, Conservation and Design, Transport, Highways and Crime Prevention will be consulted for comments on your proposed development. As a result of this advice, the applicant will be able to submit a planning application that has incorporated the advice of the Council s specialist officers and teams and thereby improve the quality of applications submitted and the speed of which determinations are provided. Householder advice The same as for Medium and Other Schemes, however, if the advice requested is for the option with site visit and/or meeting, then an officer will contact you within 10 days to arrange. For written advice only, you can expect to receive that advice within 20 working days. 6. What this Service will Provide The advice given will include the following. Please note that the amount of advice will likely relate to the proposed development. Relevant policies: UDP, local, regional, national policies that are relevant; whether the scheme complies in principle or not; how policies would be applied; Constraints: which are relevant to the site e.g. Conservation Area, Listed Buildings, Policy Areas, Key Industrial Business Areas, Major Development Opportunities; Central Policy Area etc; Land use: acceptability of proposed uses; if a change of use is occurring, requirements in terms of marketing, financial viability etc; Residential development: acceptability of mix of units; standard of accommodation; affordable housing (including the requirements with respect to shared ownership / rental and financial appraisals etc); Design: comments on built form, scale, massing, views, street scene, patterns, historic context, views etc; Crime prevention: comments with respect to Secure by Design principles; Sustainability: advice on requirements to meet policies/government targets with respect to energy reduction; Amenity: which properties may be affected and how, what further assessment is required; requirements in terms of daylight / sunlight studies, noise studies, tree surveys etc; Transport and highways: advice and comments on servicing, access, parking standards, cycle parking, disabled parking, car capping or car free agreements; requirements for transport impact assessment etc; Public consultations: whether engaging in community consultation is appropriate and who to consult; Financial contributions: possible heads of terms or planning obligations that may be necessary; Documentation or information requirements: what you will need to submit with a subsequent application; possible timescales for processing; Committee dates etc. We will make it clear as to where we consider that modifications or amendments could make the proposal acceptable in principle, and equally, if the scheme is wholly unacceptable as it is in conflict with policy or guidance. V3 Sept

7 7. Fee Schedule In accordance with the Local Government Act 2003, London Borough of Lambeth has introduced a scheme of charging for the pre-application advice detailed above, in order to recover the costs of providing the service. PRE-APPLICATION ADVICE CHARGING SCHEDULE Category Large Major Major Minor Other Category definition >100 dwellings >10000 sq.m. Inc. COU falling in above categories >10 dwellings >1000 sq.m. Inc. COU falling in above categories >1 dwellings >75 sq.m. Inc. COU falling in above categories 1 new dwelling, <75 sq.m., other COU, Adverts, all other development types (exclusions excepted). Fee Net ( ) 2,400 1, Fee (Inc 20%) 2,880 1, * Please note that for very large scale proposals with complex issues, there may be a need for a series of meetings before a formal application is submitted. PRE-APPLICATION ADVICE CHARGING SCHEDULE: HOUSEHOLDERS Category Householder Pre-application charges with Site Visit and/or Meeting Householder Pre-application charges: Written advice only Fee Net ( ) Fee (inc 20%) Submission of revised pre-application proposals will require the payment of further pre-application advice fees. For some large major schemes, the standard charge may be varied for the larger and more complicated schemes. These are defined as schemes requiring more than 25 hours of officer time. Please contact the service direct to discuss the charge, will be agreed with the Director of Alternatively, applicants with larger, more complicated schemes may wish to consider engaging in a Planning Performance Agreement (PPA) Please see Section 9 for more details. If you have any questions regarding these fees, us at [email protected] V3 Sept

8 8. Follow Up Pre-Application Advice After a scheme has been through the cycle, it may be that there is a desire to further meet with planning officers to discuss minor amendments or particular aspects of the original scheme in more detail. It would be for Development Management officers to decide on whether amendments were minor or whether a new request for full pre-application advice is required. If the view is that a full pre-application advice submission is not necessary, a follow up advice charge would apply; please refer to the Fee Schedule section, follow up advice table. If follow up advice is required, this must be requested within 3 months of your original pre-application advice response. Failure to do so would require the submission of a new full pre-application advice request together with the relevant fee. In order to gain follow up advice, please do so in writing to the officer who dealt with your pre-application advice submission. The fee for each follow up advice meeting can be found in the tables below.. FOLLOW-UP ADVICE: CHARGES Category Large Major Major Minor Other Householder Scheme Definition 100 or more dwellings Where floorspace is 10,000m 2 or more including COU 1 falling in these categories* dwellings Where Floor space is 1,000m 2 floor or more including COU 1 falling in these categories 1-9 dwellings Where floorspace is 75m 2 or more including COU 1 falling in these categories 1 new dwelling Where floorspace is less than 75m 2 Other COU 1 Adverts, all other development types (exclusions excepted 2 ) As defined Fee Net ( ) Fee (Inc 20%) V3 Sept

9 9. Planning Performance Agreements PPAs were formally introduced into the planning system on 8th April 2008 following a pilot project (of which Lambeth was a participant) by the Advisory Team for Larger Applications Service (ATLAS). A PPA is a mechanism which can be entered into in advance of a planning application being submitted. They are run as a project management framework in which applicants can meet with the planning service and other interested parties to agree how a scheme will be progressed through the planning process once submitted. The two parties agree a timeframe for scoping out and developing the scheme. The fundamental principal of PPAs is the front loading of activity - prior to submission to ensure that applications are of a high quality both in terms of the material submitted and the content of the proposal. Each PPA is drawn up to meet the needs of the specific site that it relates to. There are some elements that are an identified project team agreed tasks and target delivery programme i.e. timetable. They offer a real opportunity to deliver benefits for developers, local authorities and communities in terms of a more efficient use of resources, better and more transparent engagement and improved outcomes through early and effective dialogue. If a PPA is entered into Councillors of the council will be openly and appropriately engaged with the development whilst ensuring that their decision making function is not compromised. Where appropriate, at the pre-application stage, a PPA scheme may be presented to the Council's Strategic Panel. For larger and more complex schemes Members of the Planning Applications Committee may receive a technical briefing after the application has been submitted but prior to determination at the Committee meeting itself. Some key potential benefits include establishing a better understanding of a project s needs, including management and resources, and the scope for collaborative working setting a realistic timetable relevant for the size and complexity of the application and defining key milestones enabling identification of problems and a method for reviewing these providing a formal mechanism for parties, including key stakeholders, to collaborate Resourcing the project The level of resources required for an individual PPA will be dependent on the complexities of the scheme. For large complex schemes there is inevitably a very substantial resource implication. As a bespoke service, there will be a charge for this service and this will be negotiated with you prior to the commencement of the work on the project. If you are interested in entering into a PPA for your site, please contact David Joyce Director of Planning & Development on to discuss and develop your specific project plan, objectives, vision and related matters. Alternatively, you can [email protected] to request further information. V3 Sept

10 10. Disclaimer The council will make every effort to ensure that the advice given in the pre-application process is as accurate as possible. However any advice given by council officers for pre- application enquiries does not constitute a formal response or decision of the council with regard to any future planning applications and, whilst it may be a material consideration, cannot be held to bind the council in its validation or formal determination of a subsequent application. If an application is subsequently submitted which fails to take on board advice given by officers, then the council may refuse it without further discussion with the applicant or their agent. If the agent wishes the application to be determined as submitted, the council will consider the application unamended and without further discussion with the applicant or their agent. This may result in refusal of permission. There is a possibility that, under the Freedom of Information Act, the council will be asked to provide information regarding enquiries for pre-application advice and copies of any advice provided or correspondence entered into. This information may only be withheld if its disclosure could prejudice commercial interests, inhibit the free and frank provision of advice or exchange of views during the planning process, or could prejudice the effective conduct of public affairs. Those seeking pre-application advice should provide a covering letter that sets out the reasons why, and for how long, any information relating to the case needs to remain confidential. It will be for the council to decide whether information can be treated as exempt from disclosure and it should be recognized that the thrust of the legislation is to make information accessible unless there is a lawful reason why not. Each case will be assessed on its merits. The passage of time may remove the need for exemption as information becomes less sensitive. Generally, notes and correspondence relating to preapplication discussions will not be treated as confidential, once a planning application has been submitted and the case is in the public domain. In some instances, the weight afforded to any pre-application advice given will diminish over time Further Information For the legislative background behind charging, you are referred to Section 93 of the Local Government Act For details of Lambeth s planning policies, UDP maps, recent site history etc, follow the relevant links on V3 Sept

11 Development Management Phoenix House 10 Wandsworth Road London SW8 2LL Tel: Fax: REQUEST FOR PRE-APPLICATION ADVICE For Office Use Only Date Received: Method of payment Receipt No: Amount ( ): 1. Type of Scheme (please tick 1 only) Large Major Major Medium Other Householder: Site visit and/or meeting Written advice only 2. Applicant Details Agent Details (if any) Name:... Address: Postcode:... Tel No.:... Fax No.: Name:... Address: Postcode:... Tel No.:... Fax No.: Location of Application Site and Ownership Full address of Site... The applicant is the: Owner Occupier Lessee Prospective purchaser Name & address of owner: Does the applicant own / control adjoining land? 5. Has the site been in council ownership? Yes No If Yes please provide details: Yes No If Yes please provide details: 6. Description of the Proposed Development 7. Have you contacted the Council previously about this (or a similar) proposal? Yes No If Yes please provide details:... Planning, Regeneration & Enterprise: Pre-Application Advice Application Form v3 Effective September 2014

12 Checklist of Accompanying Information: Please note, the quantity and quality of the service we provide is dependent on the information that is submitted. Additional information may be required to fully assess your proposed scheme. Please provide 3 copies of all submitted relevant plans and related documents. 1:1250 location plan with site outlined in red Detailed description of current buildings on the site and details of current use Description of proposed development including schedule of proposed uses and schedule of floor space. Photographs of site and immediate surroundings Existing floor plans, elevations with building heights marked, sections (to scale) Proposed floor plans, elevations with building heights marked, sections (to scale) Existing and proposed site layout plan (preferably 1:500) Design statement, urban design analysis, materials, photomontages, computer images, street scene appraisals etc (where appropriate) Statement showing how the proposal conforms with policies in the Lambeth Core Strategy and Local Development Framework Fee enclosed (Please see Pre-application guidance note for relevant fee) Additional information (Major applications only): Detail of proposed developments number, mix and affordability of residential units (Majors only) Heads of terms of proposed planning obligations (Majors only) Access Statements (Majors only) A CD containing electronic copies of drawings, documents and photographs. (Majors only) Any other information: Please provide brief details: All submitted plans should state measured dimensions of the height, width and length of buildings, the distance to site boundaries of new buildings and existing buildings to be retained and the location of existing buildings on adjoining land. 9. Declaration I/we the undersigned, request formal written advice from the council in respect of the proposed development described above. I/we have clearly marked and identified all information that I/we consider being of a confidential nature or is commercially sensitive and enclose a letter outlining the reasons for the same. I/we understand that all other information submitted may be revealed to other parties if thec is required to do so under Freedom of Information Act or Environmental Information Regulations. I/we confirm that I/we have read the council s relevant guidance note on the pre-application advice procedure and understand and accept that the formal written advice given in response to this request will not be binding on the council in its determination of any subsequent planning application submitted as a result of or following on from advice given in response to this request. I/we hereby give a formal undertaking to pay the relevant fee, including any additional fee that might arise, as set out in the council s schedule of fees for pre-application advice. I/we confirm that a cheque payable to the London Borough of Lambeth for the fee of.. is attached. Signed: On behalf of: Please print name: Date: Planning, Regeneration & Enterprise: Pre-Application Advice Application Form v3 Effective September 2014