London Borough of Lewisham Pre-application Advice

Transcription

1 London Borough of Lewisham Pre-application Advice October 2010 If you have any queries regarding this guidance, please contact us: Planning Department Directorate of Regeneration, Laurence House, 1 Catford Road, London, SE6 4RU Telephone: Lewisham s Planning Service is responsible for the determination of planning applications and also the enforcement of the planning regulations. This document, along with lots of other useful information is also available on our website within the planning pages of Contents Page 1. Introduction 2 2. Preparing the Planning Application 2 a) Policy Issues b) Design Issues c) Impact Issues 3. Pre-Application Advice 6 a) Duty Planner Officer Service b) Pre-Application Meeting Service re. Major Development proposals c) Putting together the resultant Planning Application 4. The General Protocol Freedom of Information Act, Submitting Your Planning Application and Receiving a Decision 12 Key Contacts 13 Appendix: Process Flow Chart 15 1

2 1. INTRODUCTION. Lewisham Council encourages discussion on development proposals before you submit your planning application and offers advice on issues such as good design, and the best way of preparing the particular application required, be it for planning permission, listed building or conservation area consent. The ambition is to work towards developing a planning application that can be approved swiftly after full and proper engagement with the local planning authority and the local community. This will prove useful as it can identify improvements needed to a scheme before the proposal is finalised and submitted to us for determination and, equally, if a proposal is not worth pursuing we will aim to let a prospective applicant know early on in the process. Whilst the outcome of an application cannot be guaranteed, an application is more likely to succeed if it is well prepared, supported by the development plan, and in conformity with the building regulations. This approach should also ensure the speedier delivery of decisions, time and cost savings and higher quality developments and you are strongly recommended to seek professional help in preparing your submission. In all cases, officers will be pleased to offer advice based upon their own professional judgement to potentially strengthen an intended planning application submission, although this cannot affect the Council s discretion in ultimately determining the proposal. The Council does not currently charge for entering into pre-application discussions, the process for which is detailed later in this document, although this service will be reviewed, and a fee schedule drawn up with charges likely to be introduced at some future point. 2. PREPARING THE PLANNING APPLICATION. Your proposal may not necessitate a standard planning application as there are several different types of application, such as those for conservation area or listed building consent, or for requesting Certificates of Lawfulness to confirm that formal application for planning permission is not required. To find out what type of application you should submit, you are advised to review the Council s website at or the Planning Portal website at where you will find some useful information on various aspects of the development process. Alternatively, you can, of course, contact the Council over the telephone initially from a Planning Information Officer. Before preparing the application documents it is worth considering the issues of planning policy, design and the also the likely impact of the development. a) POLICY ISSUES Planning law requires that the Council must determine planning applications in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan 2

3 The Development Plan is made up of the saved policies in the Council s Unitary Development Plan (adopted 2004) together with the London Plan prepared by the Mayor of London (published Feb 2008). Policies fall into two categories: site specific issues: the allocation of an area of land for particular uses, the need for highway improvements in relation to the development of particular sites etc. issue related policies: design standards, requirements for amenity or public open space, car-parking etc. The Unitary Development Plan can be viewed on our website at: ntplan/ and it is, therefore, in your interest to look at whether the document makes particular reference to the type of development you are proposing and, most importantly, its location. Informal advice is also available through our duty planning officer. The London Plan can be viewed on the GLA website via the following link: Reference should also be made to the Council s Supplementary Planning Guidance i.e. Residential Development Standards and, where appropriate, Conservation Area Appraisals. In February 2010 Lewisham Council published the proposed submission version of its Core Strategy, the principal Development Plan Document of its forthcoming Local Development Framework. Once adopted, it will replace many of the policies in the current UDP. Although the Core Strategy is a material consideration in the determination of applications for planning permission it currently carries little weight and will not form part of the Development Plan for the Borough until, following its Examination In Public scheduled for January 2011, it is formally adopted. Other material considerations What are the other material considerations that may be taken into account? The courts define these but the decision maker i.e. the local planning authority or the Secretary of State decide, in relation to each individual case, how much weight should be given to such matters, if relevant, which are of public interest. In essence, a material planning consideration is one that is concerned about those impacts on people that relate to the use and development of land. This is a broad definition and brings a very wide range of issues within the planning umbrella. The Development Plan though is the starting point and the determining factor, unless material considerations indicate otherwise. b) DESIGN ISSUES Mainly relating to householder proposals taste is subjective and different styles will suit different types of property. Nevertheless, a well-designed building or extension is likely to be much more attractive to you and also to your neighbours so you should think carefully about how your property will look when work is finished. It is impossible to give a single definition of good design; there may be many ways of producing a good result. You are encouraged to use a suitably qualified, skilled and experienced designer, such as an architect, who will be familiar with both Planning legislation and Building Regulations. 3

4 The Council has a number of leaflets and guidance notes that may help you in developing your proposals. Some of these are available on our website at or on request from our reception area or over the telephone. Design and Access Statement When submitting your planning application you will often need to include a Statement demonstrating that your development has been well designed. Clearly, the plans will be an important element in this, but your agent needs to explain through a Design and Access Statement the thought process in reaching the chosen design and what other options were also considered but discounted in the process. Good design is more than just good architecture, it is also about ensuring that new development respects the surrounding area and contributes positively to the place it is a part of. The government encourages a design led approach, as set out in the 2006 CABE publication, Design and Access Statements How to Write, Read and Use Them. The advice given is that developers should start preparing a scheme s Design and Access Statement at an early stage and demonstrate that the context of the site and its surroundings have been looked at and weighed up to influence the design process. Government guidance on Information requirements and the validation of planning applications was published in March Section 6 is given over specifically to Design and Access Statements. The guidance states: A design and access statement is a short report accompanying and supporting a planning application to illustrate the process that has led to the development proposal, and to explain the proposal in a structured way. The level of detail required in a design and access statement depends on the scale and complexity of the application, and the length of the statement varies accordingly. Statements must be proportionate to the complexity of the application, but need not be long. Design and access statements help to ensure that development proposals are based on a thoughtful design process and a sustainable approach to access. Statements should improve the quality of proposals: in preparing the design and access statement, developers need to consider and subsequently explain the merit of the design and how it relates to the existing setting. Design and access statements enable local planning authorities to better understand the analysis which has underpinned the design and how it has led to the development of the scheme. This helps negotiations and decision-making and should lead to an improvement in the quality, sustainability and inclusiveness of the development. A Design and Access Statement must accompany planning applications for both outline and full planning permissions, other than the circumstances set out by Article 4c of the GPDO. It is considered good practice to use design and access statements as an aid to preapplication discussions, particularly for more complicated applications. Design and access statements can be a cost effective and useful way to discuss a proposal 4

5 throughout the design process, whilst early discussion on the inclusive access component should help to establish any initial access issues. c) IMPACT ISSUES An important purpose of the planning system is to ensure that development is able to go ahead without causing significant harm to the area and the people who live, work and visit it. This does not mean that if harm would result a development cannot go ahead. There may be mitigation measures, either being proposed or practicably possible, and these should be balanced against the benefits that the development would bring. Many of the impacts that can result from a development can be measured and assessed using nationally recognised criteria. This would include loss of sunlight and daylight, impacts from noise and vibration, traffic safety and highway capacity issues etc. However, other impacts are less easy to measure and judge using technical criteria, nevertheless they still have to be assessed as part of the decision making process. Whilst for large developments or complex issues you are likely to need to employ experts to advise you and carry out these assessments in accordance with the Town and Country Planning Environmental Impact Assessment Regs. 1999, for most small applications, this should not be necessary. It is often useful to imagine yourself as living next door to your proposed development which may then enable you to judge the impact of your development and amend its design so that it is acceptable from that point of view. 3. PRE-APPLICATION ADVICE All applicants or their agents are encouraged to speak with the local planning authority prior to submission; firstly over the telephone and then by arranging to see the most appropriate person. In many cases we will be happy to offer some informal advice before you submit a formal application to the Council. We offer two distinct services in the above regard, dependant on the type and complexity of the prospective scheme:- 1. A free service provided by the duty or planning information officer; 2. A more formal process or Pre-Application Meeting Service which will involve discussions with planning officers and, maybe, additional staff (depending on the size and complexity of the scheme proposed). Currently, there is no fee for this Service, although it is intended to commence charging in April a) DUTY PLANNER SERVICE The Duty Planner Officer service is a free service that is directed towards, for instance, local residents and businesses that may be wishing to extend or alter their property. It is appropriate for minor applications such as extensions to houses and small commercial buildings, simple changes of use, new shopfronts and adverts. The duty planner system is NOT an appropriate forum to discuss major planning applications and is NOT intended for use by professionals. In the latter instance professionals dealing with minor schemes should be looking to make a formal appointment with a responsible case officer to discuss the particular proposal. 5

6 A duty planning officer will be available between 9am and 1pm Monday Friday at Laurence House, Catford. The Duty Planner will be able to give advice on the basis of the information that you will need to provide in your application for planning permission. It is in your interest to provide as much information as possible, in order that the full extent of your proposal can be understood and the appropriate advice given. Please note that a site visit will not be made, but you can, of course, provide photographs of the site to inform the Duty Planner s advice. The advice will extend as to whether planning permission is required from the Council or not as there are certain physical alterations or changes of use that you are allowed to do without getting the Council s permission. However, if planning permission is required from the Council, then advice can be given as to how to submit an application and the type of application that you need to submit. Where possible, an informal opinion can be given as to whether a planning application is likely to be successful or not. It will not be possible for officers to provide site specific advice at the duty planner stage but officers will be on hand to identify the relevant planning policies that a scheme will need to have regard to and whether a proposal is broadly compliant with those. The duty planning officer can also give assistance to local people in understanding plans or those who have queries regarding current planning applications. You will not need an appointment to see the duty planning officer, but depending on demand, you may have to wait to be seen. In all cases, the advice given will be in response to the material that you supply. The more information you provide, the better informed the response. Please note, though, that the Duty Planner service is limited insofar as it does not allow officers an opportunity to give considered site specific advice, which needs to be prepared in advance. b) PRE-APPLICATION MEETING SERVICE aimed at major applications (see criteria below) and also significant minor type schemes The Pre-Application Meeting Service is tailored mainly towards prospective major development schemes ie. those comprising: Provision of 10 or more residential units Residential development on a site of more than 0.5 hectares Creation or change of use of over 1,000 sq m of commercial floorspace Non-residential development on a site of more than 1 hectare. Developers are generally seeking certainty in the planning process and guidance on how to prepare a well designed scheme that positively responds to planning policies to improve the chances of approval on which they can prepare viability appraisals. This service aims to provide that certainty as far as is possible. Whilst we cannot guarantee the outcome of a planning application, we aim to provide an efficient preapplication service that will be beneficial to all parties. It will usually involve meetings between the applicant s representatives and Council officers with the process being project managed by a planning officer and, dependent on the scale of the proposed scheme, can involve in-depth research, consultation with statutory and non-statutory bodies which should be initiated by the applicant s agent - and some comprehensive advice put together by officers from different 6

7 departments. This may comprise input from Urban Design, Conservation, Housing, Highways, Education, Environmental Health, Legal, Planning Policy and Building Control. In some cases, depending on complexity, independent specialists and/or consultants may be appointed to provide necessary advice and support. Should the proposal necessitate the Council acquiring professional assistance then the costs for such (or a contribution thereto) should be borne by the applicant. Far-flung proposals or those where the applicant hasn t yet begun proper contextual analysis will not deserve a commitment to pre-application discussions whilst the local planning authority will not respond to enquiries which simply ask What can we do on this site? For the larger or most complex of major proposals Planning Performance Agreements (PPA s) may be appropriate. PPA s move the emphasis of the planning process away from arbitrary deadlines towards a planned timetable and negotiated solutions that are agreed by both parties. This can be captured in such an Agreement between the Council and the applicant, setting a realistic timescale for processing and determining the resulting application. This gives sufficient time for the council to deal with these complex applications and also provides more certainty to the applicant as to when a decision is likely to be made. PPA s are strongly encouraged by Lewisham Council in line with current Government advice. Generally, the Pre-Application Service will firstly involve you submitting some preliminary material to explain the context of the site and from there start to identify opportunities and constraints through an emerging Design and Access Statement. It may be appropriate to provide some draft or concept sketches to facilitate discussions but the pre-application process should be used to inform a scheme as it progresses rather than comment on a scheme which has already been designed. During the pre-application process officers will be able to identify the need for any other supporting documents deemed helpful by the case officer and at what stage these may be required to facilitate discussions (please refer to the Council s Local Information Requirements as to the documents necessary to accompany planning applications). When entering into pre-application discussions for major or complex proposals the aim will be to have an initial meeting with the responsible planning officer, normally within 15 working days of receipt of the request, should this be appropriate. It is important that the scheme s architect attends as the meeting will be to gain a greater understanding of the proposals, the key constraints and opportunities of the site and ensure that the nature of the development can be supported in principle by strategic policy at national, regional and local level. This enables us to advise you if your proposal is likely to fail on principle, thus allowing you to avoid unnecessary cost. Stage 1 The Concept and the issues arising Your initial outline Design and Access Statement should include an initial urban design analysis which can be developed and firmed up during the pre-application process. This should be a work in progress rather than a finished article. At this stage our advice concentrates on ensuring that your proposal addresses established urban design principles. This includes accurately identifying and understanding the context so that it can meaningfully inform a scheme and setting out the opportunities 7

8 and constraints. We will also give advice on whether the strategic policy issues have been addressed, moving into more detailed local policy and planning issues. Stage 2 Progressing the scheme and informal consultation In advance of meetings you will need to provide some illustrative material of the proposed scheme your architect or designer can run through this at the meeting itself - including design options previously explored but discounted to show how it has evolved, indicating why and explaining the criteria for pursuing the preferred option and with justifications. Accordingly, you should demonstrate, in writing, the degree of consultation and engagement carried out in formulating ideas, in accordance with guidance on Design and Access Statements and general good practice. At this stage you will also be encouraged to submit the scheme to the Council s Design Panel for comment. This stage will enable you to prepare, in consultation with officers, the material for an informal consultation exercise with local bodies prior to submitting the eventual planning application. The responses received should be considered carefully and determine whether amendments should be made before proceeding further. Depending on the complexity of a case Stage 2 may take a significant amount of time and should not be rushed. However, time spent at this stage to shape a scheme through direct contact with the case officer should enable a smoother planning process when the application is formally submitted. Draft Heads of Terms for a Section 106 Agreement should be tabled and agreed, if possible, at this stage and will reflect the continuing discussions. Importantly, there may be work to be undertaken on viability issues. In the case of very large schemes Stage 2 can be a lengthy process, depending on what the proposal involves. Officers will ensure that detailed comments are provided before the final ideas are collated and drawn up into a series of documents. Stage 3 Putting together the resultant planning application Prior to the application being finalised you should produce the application in draft form with details of all the intended accompanying documentation and supporting information and reports. The drawings, ideally, at this stage should be prepared to accord with RIBA Stage B, progressing to Stage C on formal submission. You should also provide a draft Planning Obligations Statement indicating the Heads of terms for a possible S106 legal agreement. At this stage we will work with you to develop your scheme in detail or in outline form so that it addresses the policies in the development plan and represents good quality design and reflects best practice. At the end of this stage, we will require that you represent your scheme to the Design Panel and give them a further opportunity to engage in the proposals. We will make sure that your proposal is ready for submission by checking that it is complete so that the application can be validated on receipt. We will also endeavour to ensure, viability issues aside, that the Heads of Terms of the S106 Legal 8

9 Agreement have been agreed in principle and, if relevant, any Planning Performance Agreement signed. Details of our planning obligations strategy can be found at tframework/planningobligationsspd.htm Within an agreed timescale from the final meeting we will provide you with a written summary of the issues that have been discussed and the matters agreed. This will normally be in the form of a letter signed by a senior officer. Please note that at this stage it may be necessary to agree the level of expenditure, required by way of the proposal such as viability consultant fees, that the Council can reasonably expect to recoup from the developer. 4. THE GENERAL PROTOCOL The general aim is to establish a framework within which experienced case officers can, in the face of a viable and beneficial prospective scheme, undertake collaborative working with the applicant team. For us to provide this service you need to submit a completed form available on our website at icationadvice.htm indicating that this is the service that you require. Please note, though, that in the first instance it may be useful to speak to one of the listed contacts on page 13 for an initial view. When we receive your formal request we will screen your proposals to check that pre-application discussions will be appropriate. We will then aim to respond to your application within 10 working days to provide a point of contact, a named planning officer who will be responsible for project managing the pre-application process so that a meeting with the allocated planning officer can be arranged, if appropriate. Consistent with the scale of the proposed scheme the applicant and the local planning authority through the pre-application process should be able, through collaborative working, to address the following: Identify all the relevant officers required in the development process and ensure that you receive a co-ordinated response; Arrange meetings promptly and within timeframes that take into account your commercial needs; Keep to agreed timescales and deadlines for providing written or verbal responses; Identify key national, regional and local policy issues that need to be addressed at an early stage, thereby affording you the opportunity to ensure that your proposal complies with the spatial policy framework; Identify and advise on key urban design issues, so that your proposals are developed properly and respond to contextual setting; Identify and agree Heads of Terms for S106 agreements prior to the submission of your application, although the local planning authority cannot pre-judge everything that may be raised during the consideration of a scheme ; Facilitate the involvement of the local community and councillors in the development of your proposals; 9

10 Identify the decision-making process, including arrangements for consultation and participation, S106 drafting requirements, committee lead in times, committee deadlines and referral constraints; Negotiate a Planning Performance Agreement (if required) with you so that you will know the timetable for the determination of your planning application; Keep and make available for you a written record of the advice given; The Council would specifically expect you to: Attend meetings as and when required, ensure that you have the appropriate representatives, including the scheme s architect, at those meetings who have the authority to make decisions, and have the relevant expertise to respond to various elements of your proposal. Keep to agreed timescales and deadlines for the submission of information. Agree to attend and be represented at public meetings and exhibitions. Provide high quality illustrative material. Ensure that the advice given is taken into account when submitting a planning application including all policy and urban design considerations. Statutory Consultees It is important to recognise that statutory consultees, such as English Heritage and the Environment Agency, do not have a duty to respond to consultation within a given deadline prior to the submission of a planning application. However, you should make every effort should be made to involve them early in the process, and through an agreed protoco ensure that they have the correct information necessary to provide a timely and meaningful response. Involving the Local Community We will also offer guidance on how you should carry out your own early consultation processes to complement that of the council s once the planning application has been received. Reference should here be made to Government guidance and the Council s Statement of Community Involvement. You will need to be satisfied that your responses are proportionate and relevant and have reached the same people that the council would consult, and have also included hard to reach communities, as appropriate. Ideally, this should form part of the Design and Access Statement approach. The Role of Local Councillors Given that many major applications will be determined at committee, it is beneficial that Councillors are introduced to proposals early in the process so that they have an understanding of them. This also accords with current Government guidance which actively encourages developers to inform and involve elected members on major developments. However, the involvement of Councillors, particularly those sitting on the planning committee, must be handled carefully. Councillor involvement at the pre-application stage should generally be combined with community consultation by the developer. In the interests of probity it would always be advisable, if briefing and discussing a scheme with a local councillor, that an officer should be present 10

11 The views of committee members as to the acceptability or otherwise of a proposal cannot be solicited and officers will always advise councillors of the need to remain impartial. Consequently, you should not lobby those councillors or seek to meet outside of the framework of this advice service, as this may be perceived by the public to be prejudicing the councillors impartiality. Details of our councillors and their wards that they represent can be found at: ors/ What are the Advantages? The two key outcomes of this process will be a well-designed planning application and the advice letter, signed by a senior officer, which will be a material consideration in the determination of any subsequent application. However, there are some additional benefits that will arise and these include: Avoiding incomplete applications; Earlier decisions on applications; Higher level of certainty; Cost savings, and, Reduced confrontation. The main benefit is that by providing the necessary time, within a co-operative climate, to negotiate changes to a proposal, the development can meet policy objectives and the expectations of the local community. Room is created for the architect to respond to his/her brief within a sound urban design context and to develop the scheme to strengthen its relationship to that context and create places of lasting quality. 5. FREEDOM OF INFORMATION ACT, 2000 Pre-application material may only be withheld from the public domain 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. However, the Council retains absolute discretion on the disclosure of any information it holds. If you wish us to treat pre-application material as confidential, then you will need to set out the reasons why, and for how long, any information relating to the advice needs to remain confidential. Generally, though, once a planning application has been submitted and is in the public domain information submitted and advice given can no longer be treated as confidential. 6. SUBMITTING YOUR PLANNING APPLICATION, AND RECEIVING A DECISION After you have obtained the pre-application advice, you will need to finalise and submit your planning application. For more information on what forms, plans and other documents you need to submit please see the guidance on our website at ( Having engaged in pre-application discussions you will now have a greater chance to develop a scheme that has a good chance of success when it is submitted to the 11

12 council to be determined. This is the best way to reduce the period for determining planning applications and to increase the chances of a successful outcome. The government s target times for the determination of planning applications is 13 weeks from the date we receive a complete application for major developments, for applications that require Environmental Impact Assessment, it is 16 weeks. For all other applications it is 8 weeks. This advice note explains the details of this service but, if you need more information, key contacts are listed at the end of the document. A flow chart showing the various stages of the process is provided as an Appendix. KEY CONTACTS Tim King Development Control Manager [email protected] Louise Holland North Area Team Manager [email protected] Joost Van Well South Area Team Manager [email protected] Chris Brodie (for Major sites in Deptford and New Cross) [email protected] Phil Ashford Design and Conservation Manager [email protected] Brian Regan Planning Policy Manager [email protected] Roey Barr Planning Business Manager [email protected] 12

13 DUTY PLANNER SERVICE Householder proposals and most minor schemes PRE-APPLICATION ADVICE PRE-APP MEETING SERVICE Major proposals and significant minor schemes Produce Draft Design and Access Statement to illustrate conceptual scheme Initial meeting with Planning Officer and colleagues from other Council departments, as appropriate ie. the Development Team approach Draft Material produced as basis for initial consultation amongst, as appropriate, statutory consultees and Council departments. Applicant to carry out early consultation with public. Submission of draft scheme to Council s Design Panel Agree draft Heads of Terms for S106 Legal Agreement Informal and independent consultation exercise which may involve local persons, bodies and local councillors Planning application and all accompanying documents and supporting information submitted for consideration and feedback Re-present to Council s Design Panel Summary letter of issues and appraisal of development proposal produced by local planning authority Submit scheme to CABE, depending on magnitude and Formal submission of planning application 13