Advice can also be sought from specific specialist officers in the Council.

Transcription

1 Canterbury City Council Validation of Planning Applications Guidance note 2010: Introduction Up to date advice on the validation of planning applications is contained in the CLG Guidance on information requirements and validation published in March 2010 and in The Town and Country Planning (Development Management Procedure) (England) Order 2010 which came in to force on 1 October The government is keen to stress that the information required for the validation of planning applications is proportionate to the nature, scale and complexity of the application, small scale applications will not require the same depth and complexity of supporting information as large scale proposals. This guidance note is in two parts, the first part outlines and clarifies the information which must be included in an application to meet the national requirements and this is based on the above two government publications. The second part is based on local requirements specific to Canterbury City Council for certain types of applications. Further information as to the specific matters which should be considered when preparing applications will be found by reference to the Council s Local Plan policies and adopted Supplementary Planning Guidance/Documents ( and other advice published on the Council s website, together with national planning policies, the South East Plan, guidance in Planning Policy Statements or Guidance and advice published by public bodies such as Natural England and The Environment Agency. Reference can be made to the matrix to accompany this advice but the up to date comprehensiveness of this cannot be guaranteed.. can also be sought from specific specialist officers in the Council. The validation checklist formerly required to be submitted has proven to be of limited value in practice; the submission of a checklist before registration of an application is therefore no longer mandatory and the tick box checklists are no longer available on-line. Contents: Pages 2 4 National requirements and design and access statement advice Pages 5 6 Major residential development guidance note 1 Pages 7 8 Major non-residential development guidance note 2 Pages 9 10 Minor residential development guidance note 3 Pages Minor residential development guidance note 4 Page 13 Page 14 Page 15 Householder development guidance note 5 & Advertisement guidance note 6 Changes of use guidance note 7 & Variation or removal of a condition guidance note 8 Listed building and conservation area consent guidance notes 9 & Certificates of existing or proposed lawfulness guidance notes 10 1

2 National requirements: A valid planning application must include: 1. Location Plan A plan on a 1:2500 or 1:1250 up to date map base which includes access to the site and vision splays if necessary. The application site must be edged in red and other land in the applicants control edged in blue. A north point and scale bar should be included on the plan. 2. Site Plan A plan drawn to a recognised metric scale, showing the development in relation to site boundaries and other buildings on site; dimensions of the proposed development should be given as should distances to site boundaries. A north point and scale bar should be included on the plan. Unless they are unaffected by the development the plan should also show: roads, buildings and footpaths on adjoining land public rights of way (if appropriate) trees on site or adjoining and close to the development boundary treatments, and the extent and type of hard surfacing. NB 1: Drawings are preferred at A4 or A3 size although larger drawings are acceptable where appropriate; the scale indicated on the drawing should correspond to the size of drawing in order that scaled measurements can be taken from it; scale bars on drawings should be from 0 10m. NB2: Drawings should be titled clearly for identification purposes and should carry unique reference numbers; where drawings are revised A, B, C suffixes should be used on the new drawings and notes on the drawings should identify the revisions and the date of the revisions. NB3: Drawings and other materials submitted should be adequate to properly identify the site and details of the proposal, clearly distinguishing between existing and proposed buildings for example and identifying changes to existing buildings, whether by extension, alteration or perhaps by the addition of advertising material; application drawings should be comprehensible by the general public. 3. Ownership Certificate Certificate A should be completed where the application site is in the applicants ownership. Certificate B should be completed where part or the whole of the application site is not in the applicants ownership; in this case a Notice must be served on the owner of the property and a Declaration made to the Council that the Notice has been served. Certificates C and D are applicable only where the ownership of part or the whole of the application site is unknown. 4. Agricultural Land Declaration Served on any agricultural tenant but if there is none it must still be completed, even if the land is not in agricultural use. 2

3 5. The Correct Fee Some fees are standardised, for example householder applications; outline applications are based on site area, residential on numbers of units and commercial on floor space measured externally. 6. A Design and Access Statement Design and Access Statements are not required for all developments, (see Article 8 of The Town and Country Planning (Development Management Procedure) (England) Order 2010 for exceptions) but where they are required they must cover certain matters and it would be useful if they could be set out in accordance with the following sub-headings: Design principles and concepts in respect of: amount of developments number of units, types of uses and floor spaces. layout relationship of buildings and spaces to each other and to site topography scale height/width/length in relation to surroundings including skyline if appropriate. landscaping provision and treatment of public and private spaces. appearance built form, architecture, materials, decoration, lighting etc as appropriate. Context Demonstrating: how the context of development has been appraised this may include conservation area/listed building s how the design takes the context assessed into account but this may also include physical, social, economic and policy context as appropriate. Access to the development indicating policy adopted, consultations carried out and how the responses informed the development. indicating how specific access issues have been addressed, how prospective users (including the emergency services) will access the development, how access is gained to the transport network, and how future access will be maintained. indicating why the main access points selected have been chosen and the rationale behind the on-site access layout if appropriate. Although the access part of the statement should relate to access to and within the site but not within the buildings it should demonstrate how access for all is to be achieved, avoiding the need for later changes to secure compliance with the Disability Discrimination Act 1995 and the Equality Act 2010 which makes it unlawful to discriminate against people who are disabled or are associated with a disabled person. For more guidance please go to: %20Access%20Statement%20Guidance.pdf 3

4 As a Guide: Design and Access Statements are required for all planning applications except for certain limited exempt categories set out below, they are also required for listed building applications: Common Exemptions: 1. Householder developments unless in a Conservation Area or World Heritage Site 2. Changes of use where no works of development are involved 3. Extensions of time limits for commencement of development 4. Applications for non-compliance with conditions 5. Non-Material amendment proposals 6. Gates, fences, walls etc no higher than existing or up to 2m in height unless in a listed building curtilage or in a Conservation Area or World Heritage Site 7. Alterations to buildings unless in a Conservation Area or World Heritage Site 8. Extension of non-domestic premises up to 100 sq m unless in a Conservation Area or World Heritage Site 9. Advertisements 10. Works to preserved trees 11. Prior notification applications for farming, forestry and telecommunications 12. Engineering & mining operations, development on operational land and the erection/replacement of plant and machinery; but see caveats in legislation. If not applying electronically, if possible please provide an electronic copy of the application on a CD ROM in pdf format in order to facilitate easy consultation and to minimise costs, please limit individual file sizes to no more than 5Mb. Proportionality It must be stressed that the scale and complexity of the design and access statement must be related to the scale and complexity of the application; the smaller the proposals the shorter and less complex the statement should be. 4

5 Local requirements: Major residential development GUIDANCE NOTE 1: Major residential development Development of 10 or more dwellings or site area in excess of 0.5 ha. (a) Statement of community involvement Required for development in excess of 1ha or 50 dwellings, to demonstrate the steps taken to involve the local community in development of the proposed scheme. (b) Archaeological desk top Required where the presence of archaeological potential is known or can reasonably be suspected. (c) (d) Contaminated land desk top Heritage/conservation area Required where previous contaminating uses are known or suspected. Required where the setting of historic buildings or a conservation area is affected (e) Ecological/biodiversity Required for all development of undeveloped land where the presence of protected species is known or reasonably suspected. See the Natural England website advice and flowchart and checklist for guidance, (refer to matrix). Submission of a completed Natural England checklist is encouraged. (f) Arboricultural survey Required where trees are present on or adjoining the site and likely to be affected by the development. (g) Noise/pollution/air quality Required where road or rail noise or other forms of pollution impact on the site. (h) Levelled survey Required for all major developments, showing existing and proposed site levels relative to each other and floor levels. (i) Affordable housing statement Required for sites of 15 units or more in urban areas and five or more units in rural area. (j) Flood risk Required for all sites in excess of 1ha in size or otherwise in flood zones 2 or 3 as defined by the Environment Agency. (k) Drainage impact Confirming the ability to dispose of foul and surface water and clarifying the proposed methods of disposal. (l) Landscaping proposals Identifying structural planting, landscaping of public areas and the public side of new housing developments. (m) Parking, servicing and waste collection Illustrating access for waste disposal and emergency services and compliance with adopted parking standards. 5

6 (n) Waste management plan Required where buildings creating substantial waste material are to be demolished. (o) Visual impact Required for development of open spaces and sites on the urban/rural edge. (p) Sustainability statement A commitment to carry out the development to meet the Council s Sustainable Construction standards, or an explanation as to why those standards cannot be met. (q) Open space To explain how the distribution, quantity and nature of open spaces has been arrived at and what play areas etc will be provided. (r) Transport An of access to public transport facilities as well as the impact of traffic generated by the development on the local highway network. (s) Lighting Demonstrating a commitment to provide adequate lighting for public safety and security purposes whilst minimising light pollution and sky glow. (t) Heads of Terms for legal agreement Outlining those matters to be included and deducing title to the whole of the development site, including access. (u) Coal mining risk In the Coal Mining Development Referral Area north-east of Canterbury Information provided should always be proportionate to the scale and complexity of the application. 6

7 Local requirements: Major non-residential development GUIDANCE NOTE 2: Major non-residential developments of 1,000 sq m or more of floorspace or a site area of one ha or more. (a) Statement of community involvement Required for development in excess of 10,000 sq m or two ha site area and for major leisure or recreation proposals, to demonstrate the steps taken to involve the local community in development of the proposed scheme.. (b) Archaeological desk top Required where the presence of archaeological potential is known or can reasonably be suspected. (c) (d) Contaminated land desk top Heritage/conservation area Required where previous contaminating uses are known or suspected. Required where the setting of historic buildings or a conservation area is affected (e) Ecological/biodiversity Required for all development of undeveloped land where the presence of protected species is known or reasonably suspected. See the Natural England website advice and flowchart and checklist for guidance, (refer to matrix). Submission of a completed Natural England checklist is encouraged. (f) Arboricultural survey Required where trees are present on or adjoining the site and likely to be affected by the development. (g) Noise/pollution/air quality Assessing noise or other pollution generated by the development and its impact on the surrounding area; including traffic noise and light pollution. (h) Levelled survey Required for all major developments, showing existing and proposed site levels relative to each other and floor levels. (i) Flood risk Required for all sites in excess of 1ha in size or otherwise in flood zones 2 or 3 as defined by the Environment Agency. (j) Drainage impact Confirming the ability to dispose of foul and surface water and clarifying the proposed methods of disposal. (k) Landscaping proposals Identifying structural planting, landscaping of public areas and the public side of new developments. (l) Parking, servicing and waste collection Illustrating access for waste disposal and emergency services and compliance with adopted parking standards. 7

8 (m) Waste management plan Required where buildings creating substantial waste material are to be demolished. (n) Visual impact Required for development of open spaces and sites on the urban/rural edge. (o) Sustainability statement A commitment to carry out the development to meet the Council s Sustainable Construction standards, or an explanation as to why those standards cannot be met. (p) Transport An of access to public transport facilities as well as the impact of traffic generated by the development on the local highway network. Assessment should include measures for preparation and implementation of a green travel plan where appropriate. (q) Lighting Demonstrating a commitment to provide adequate lighting for public safety and security purposes whilst minimising light pollution and sky glow. (r) Impact (i) for non-central retail developments in excess of 2,500 sq m floor space, not in accord with a Development Plan. (ii) for non-central retail below 2,500 m2 if the development plan has not been updated and the development would be likely to have significant impacts on other centres, and (iii) for development not in accordance with the development plan and which would significantly increase the attraction of that centre to an extent that it could impact on other centres. (s) (t) Heads of Terms for legal agreement Coal mining risk Outlining those matters to be included and deducing title to the whole of the development site, including access. In the Coal Mining Development Referral Area north-east of Canterbury Information provided should always be proportionate to the scale and complexity of the application. 8

9 Local requirements: Minor residential development GUIDANCE NOTE 3: Minor residential development of one to nine dwellings or up to 0.5 ha site area. (a) Archaeological desk top Required where the presence of archaeological potential is known or can reasonably be suspected. (b) (c) Contaminated land desk top Heritage/conservation area 9 Required where previous contaminating uses are known or suspected. Required where the setting of historic buildings or a conservation area is affected (d) Ecological/biodiversity Required for all developments of undeveloped land or overgrown garden land where the presence of protected species is known or reasonably suspected. See the Natural England website advice and flowchart and checklist for guidance, (refer to matrix). Submission of a completed Natural England checklist is encouraged. (e) Arboricultural survey Required where trees are present on or adjoining the site and likely to be affected by the development. (f) Noise/pollution/air quality Required where road or rail noise or other forms of pollution impact on the site. (g) Levelled survey Showing existing and proposed site levels relative to each other and floor levels. (h) Affordable housing statement Required for rural sites of five or more dwellings. (i) Flood risk Required for all sites in flood zones 2 or 3 as defined by the Environment Agency. (j) Drainage impact Confirming the ability to dispose of foul and surface water and clarifying the proposed methods of disposal. (k) Landscaping proposals Identifying structural planting, landscaping of public areas and the public side of new housing developments. (l) Parking, servicing and waste collection Illustrating access for waste disposal and emergency services and compliance with adopted parking standards. (m) Waste management plan Required where buildings creating substantial waste material are to be demolished. (n) Visual impact For development of open spaces and sites on the urban/rural edge. (o) Sustainability statement A commitment to carry out the development to meet the Council s Sustainable Construction standards, or an explanation as to why those standards cannot be met.

10 (p) Open space To explain how the distribution, quantity and nature of open spaces has been arrived at and what play areas etc will be provided. (q) (r) Existing and proposed elevations and plans Lighting Where buildings are being altered but not totally demolished. Demonstrating a commitment to provide adequate lighting for public safety and security purposes whilst minimising light pollution and sky glow; required for small housing schemes but not for street infill plots. (s) Coal mining risk In the Coal Mining Development Referral Area north-east of Canterbury Information provided should always be proportionate to the scale and complexity of the application. 10

11 Local requirements: Minor non-residential development GUIDANCE NOTE 4: Minor non-residential developments up to 1,000 sq m floor area or one ha site area. (a) Archaeological desk top Required where the presence of archaeological potential is known or can reasonably be suspected. (b) (c) Contaminated land desk top Heritage/conservation area 11 Required where previous contaminating uses are known or suspected. Required where the setting of historic buildings or a conservation area is affected. (d) Ecological/biodiversity Required for all developments of undeveloped land or overgrown garden land where the presence of protected species is known or suspected. See the Natural England website advice and flowchart and checklist for guidance, (refer to matrix). Submission of a completed Natural England checklist is encouraged. (e) Arboricultural survey Required where trees are present on or adjoining the site and likely to be affected by the development. (f) Noise/pollution/air quality Assessing noise or other pollution generated by the development and its impact on the surrounding area; including traffic noise and light pollution.. (g) Levelled survey Showing existing and proposed site levels relative to each other and floor levels. (h) Flood risk Required for all sites in flood zones 2 or 3 as defined by the Environment Agency. (j) Drainage impact Confirming the ability to dispose of foul and surface water and clarifying the proposed methods of disposal. (k) Landscaping proposals Identifying structural planting, landscaping of public areas and the public side of new developments. (l) Parking, servicing and waste collection Illustrating access for waste disposal and emergency services and compliance with adopted parking standards. (m) Waste management plan Required where buildings creating substantial waste material are to be demolished.. (n) Visual impact Required for development of open spaces and sites on the urban/rural edge. (o) Sustainability statement A commitment to carry out the development to meet the Council s Sustainable Construction standards, or an explanation as to why those standards cannot be met.

12 (p) Lighting Demonstrating a commitment to provide adequate lighting for public safety and security purposes whilst minimising light pollution and sky glow. (q) Existing and proposed elevations and plans Where buildings are being altered but not totally demolished. (s) (t) Coal mining risk Impact Assessment In the Coal Mining Development Referral Area north-east of Canterbury (i) for non-central retail below 2,500 m2 if the development plan has not been updated and the development would be likely to have significant impacts on other centres, and (ii) for development not in accordance with the development plan and which would significantly increase the attraction of that centre to an extent that it could impact on other centres. Information provided should always be proportionate to the scale and complexity of the application. 12

13 Local requirements: Other developments GUIDANCE NOTE 5: Householder developments: extensions and outbuildings (a) Arboricultural survey Required where trees are present on or adjoining the site and likely to be affected by the development. (b) Levelled survey Required where sites are not flat showing existing and proposed ground floor levels relative to existing and proposed floor levels. (c) Existing and proposed plans and elevations Drawn in enough detail, to a recognisable metric scale, sufficient to enable proper of the alteration of buildings. (d) For replacement window applications horizontal and vertical sections through the window jambs and heads/cills will normally be required. Drawings should show in detail how the new windows will fit in to existing openings and how such things as bay windows will be rebuilt or altered. GUIDANCE NOTE 6: Advertisements (a) (b) (c) A site plan, existing and proposed elevations on which any advertisement is to be displayed Details of the proposed sign(s) and their mounting on or fixing to the building or other structure Details of the proposed means and intensity of illumination of the proposed sign(s) if appropriate. Elevational drawings should clarify in detail the precise location of signs on buildings, particularly if the buildings are of historic interest. Details of wording and colours of advertisements are normally required. Drawings should clarify in detail the precise means of attaching signs to buildings, particularly if the buildings are of historic interest. Including advice as to whether illumination is static or intermittent and the hours during which signs are to be illuminated. Information provided should always be proportionate to the scale and complexity of the application. 13

14 Local requirements: Other developments GUIDANCE NOTE 7: Changes of use (a) (b) (c) (d) Details of existing and proposed uses Details of existing and proposed floor areas/plans and elevations Details of existing and proposed traffic/parking Details of ventilation/extraction/air handling equipment Highlighting any changes or alterations proposed Required except in town/city centre locations. If any is proposed. (e) Flood risk Required for all sites in excess of 1ha in size and for sites in flood zones 2 or 3 as defined by the Environment Agency where the change is to residential use. (f) Impact (i) for non-central retail developments in excess of 2,500 sq m floor space, not in accord with a Development Plan. (ii) for non-central retail below 2,500 m2 if the development plan has not been updated and the development would be likely to have significant impacts on other centres, and (iii) for development not in accordance with the development plan and which would significantly increase the attraction of that centre to an extent that it could impact on other centres. (g) Transport Required for commercial developments, an of access to public transport facilities as well as the impact of traffic generated by the development on the local highway network except in town/city centre locations. (h) Noise/pollution/air quality Required for commercial developments, an of noise or other pollution including traffic noise and light or other pollution generated by the development. GUIDANCE NOTE 8: Variation or removal of a condition (a) Where the proposal is to revise a permitted scheme by substituting a new drawing for one referred to in a planning condition. Submission of copies of the plans to be superseded, clearly labelled as such, in addition to the drawings to be substituted would expedite dealing with the proposal. 14

15 Local requirements: Other developments GUIDANCE NOTE 9a: Listed building applications (a) Existing and proposed elevations and plans Where buildings are being altered but not totally demolished. (b) Survey of the fabric of the building Where substantial alteration of the original fabric is proposed. GUIDANCE NOTE 9b: Conservation area consent (only required for the demolition or part demolition of buildings over 115 cu m in volume within conservation areas) (a) Plans/elevations/photos/survey Of the building to be demolished, enough to clearly identify the demolition proposal, but not plans of the proposed development. (b) Waste management plan Required where buildings creating substantial waste material are to be demolished. GUIDANCE NOTE 10a: Lawfulness of existing use or development (a) Plans/elevations/photos Of the building(s) or land for which the certificate is sought clearly identifying the building work or extent of the area for which the certificate is sought. (b) Supporting documentation Datable evidence demonstrating when the building work or use commenced or took place and in the case of uses of land, demonstrating that the use has been ongoing for the appropriate period and is continuing at the time of submission of the application. Third party evidence in support of applications should be by way of sworn affidavits. GUIDANCE NOTE 10b: Lawfulness of proposed use or development (a) Plans/elevations/photos & supporting statement. Of the building(s) proposed, drawn in enough detail, to a recognisable metric scale, sufficient to enable proper of the proposed construction or alteration of buildings, OR in the case of use of land a clear indication of the extent and nature of the use for which the certificate is sought. 15