Archived decisions

Contact: Peter Chadwick, ext 6728 email: [email protected]

1. Summary

1.1 The Government is introducing a National Standard Planning Application Form (1APP) with the intention of making the process of submitting a planning application less confusing for applicants, as it will replace the variety of planning application forms currently produced by all local planning authorities which differ in the questions asked, style and format. From 6 April 2008 the new form will be mandatory.

1.2 The use of the new form is to be supported by more comprehensive information requirements for the validation of planning applications. There will be a national list which will be mandatory. Local Authorities are being encouraged to produce local lists of information requirements that must be taken into account by applicants preparing and submitting planning applications.

1.3 The production of a `Local List' includes a requirement for consultation with stakeholders and the subsequent adoption of criteria by the Authority. In order to meet the Government's target of adopting a `Local List' by 6 April 2008, officers propose to commence consultation in January and to report back to the Committee. The work will include the requirements for mineral related development which is excluded from the national scheme at present.

2. Recommendation

That a consultation be undertaken with stakeholders on a draft proposed `Local List' for each planning application type and report the results of the consultation back to the Committee.

3. Introduction

3.1 The Government is introducing a National Standard Planning Application Form (1APP) with the intention of making the process of submitting a planning application less confusing for applicants. Currently local planning authorities can design their own planning application forms, which has led to a wide variety of forms in terms of the information requested, style and format. The Government will replace this by a more standardised approach. In total there will be 25 forms in the 1APP suite, however there is currently no 1APP form for minerals development. The use of the new forms will be mandatory from 6 April 2008. In order to support the use of the new application form, the Government is also introducing new information requirements for the validation of planning applications by local planning authorities. This includes the ability for local planning authorities to adopt local lists to reflect local circumstances.

3.2 The purpose of the validation exercise is to ensure that the planning application contains the necessary information to enable the Planning Authority to consult on the proposals and to determine the application. Applicants need to understand what work to undertake when preparing and submitting an application and clear guidance is essential. On 7 December 2007 the Government published `The validation of planning applications - Guidance for local planning authorities' which sets out Government Guidance on this issue.

4. Validation

4.1 Planning applications require the submission of different types of information and supporting documentation in order to be able to determine the proposals. Under the new arrangements being introduced by the Government a `national list' will set out the core requirements for a valid planning application. In addition to the national list, local planning authorities may specify additional local items from a list provided by the Government to reflect local circumstances. This is the `local list'. The Guidance issued on 7 December 2007 sets out the national and local lists and the procedure for adopting local lists. These will specify the information that needs to be submitted before an application is validated. The adoption of the local list does not preclude the ability to request further information after validation, the intention is for this to be necessary in fewer cases.

4.2 The national list is mandatory and includes the submission of a completed 1App form, the necessary certificates, the correct application fee (when fee required), location plan, site plan, and other plans and drawings needed to describe the proposal, a Design and Access Statement (when required) and an Environmental Statement (when required).

4.3 The `local list' will specify the information required for each type of application determined by the County Council, and identify the requirements which will be mandatory and those which are optional and the circumstances when they will be required. The planning application types which are determined by the County Council are listed in Appendix 1. The list of additional information which can be included in the local list is set out in Appendix 2. Not all of these are relevant to the applications handled by the County Council, the adoption of the local list identifies which are required and under what circumstances they will be required.

5. The Adoption of Local Lists

5.1 The Government has recommended a process for adopting a local list for the different types of application which a local planning authority determines. Essentially there are four stages:

(i) Firstly the resolution of the relevant Committee to consult on the proposed `local list' for different application types.

(ii) Secondly a consultation period of six week is recommended in the Guidance during which the views of stakeholders will be sought on a detailed list for each type of development. Whilst 1APP does not cover mineral working, it is proposed to include this type of development in the consultation so as to achieve consistency in the application of validation criteria.

(iii) Thirdly, following the consultation process officers will report back to Committee with a `local list' for formal approval.

(iv) Finally the adopted `local list' will be published on the local authority website and the Planning Portal and make available paper copies.

5.2 The planning authority will only be able to use the local list for validation after it has gone through the consultation process and has been adopted by the Committee. It is considered that there are advantages in setting the requirements of a `local list' in terms of introducing certainty and clarity to the planning application process, including pre-application discussions. Failure to prepare a local list could lead to difficulty and delay in processing planning applications.

6. Conclusion

6.1 The drafting and adoption of a `local list' is required in order to meet the Government's timescale for introducing 1APP and improving the development control system. The work includes the requirements for minerals related development not currently included in 1APP. The recommendation is to undertake the consultation in accordance with Government Guidance with the aim of adopting the local list by April 2008.

1550/PDC

APPENDIX 1

PLANNING APPLICATION TYPES

The County Council is the planning authority for the following development. The application types relate to these developments.

(a) Mineral working and ancillary development;

(b) Mineral related development (facilities for transport, transhipment processing);

(c) Waste disposal and ancillary development;

(d) Waste related uses and facilities (transfer, recovery, treatment, processing, composting);

(e) County Council development.

(i) APPLICATION FOR FULL PLANNING PERMISSION

(ii) APPLICATION OF OUTLINE PLANNING PERMISSION

(iii) APPLICATION FOR APPROVAL OF RESERVED MATTERS

(iv) APPLICATION FOR APPROVAL OF DETAILS PURSUANT TO CONDITION.

(v) APPLICATION FOR REMOVAL OR VARIATION OF CONDITION.

(vi) APPLICATIONS FOR LISTED BUILDING CONSENT AND CONSERVATION AREA CONSENT.

(vii) APPLICATION FOR LAWFUL DEVELOPMENT CERTIFICATE.

APPENDIX 2

LOCAL LIST - extract from Guidance