Validation of Planning Applications in Tyneside - 2019

Validation of Planning Applications in Tyneside - 2019

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Validation of Planning Applications in Tyneside - 2019

Version 1 (February 2019)

Contents

  1. Background to the Tyneside Validation List
  2. Discretion
  3. Review
  4. Using the Checklists
  5. Pre-Application Advice
  6. Local Authority Contact Details

Appendix 1 - National & Local Validation Requirement Notes to accompany checklists

National Requirements

1. Completed Application Form

2. Location plan

3. Site Plan

4. Ownership Certificate (A, B, C or D)

5. Agricultural Holdings Certificate

6. The correct fee

7. Design and Access Statement (if required)

Local Requirements

8. Application Plans

9. Affordable Housing Statement

10. Air Quality Assessment

11. Archaeological Assessments

12. Coal Mining Risk Assessment / Mineral Safeguarding

13. Ecological Survey Assessment and Mitigation Report and Protected Species Survey

14. Habitat Regulations Assessment

15. Flood Risk and Drainage Assessments

16. Heritage Statement

17. Land Contamination Assessment

18. Landscaping Details

19. Marketing Information

20. Noise Assessment

21. Open Space Assessment (including playing fields and recreational buildings)

22. Planning Obligations (Section 106 Legal Agreements) - Draft Head of Terms

23. Planning Statement

24. Statement of Community Involvement

25. Structural Survey

26. Sustainability Statement

27. Telecommunications Development

28. Town Centre Use Assessment

29. Transport Assessments / Statements and Travel Plans.

30. Tree Survey and/or Statement of Arboricultural Implications of Development

31. Ventilation / Extraction Details

32. Sunlight/Daylight/Microclimate Assessment

33. Community Infrastructure Levy (Gateshead, North Tyneside and Newcastle only)

1

 

Appendix 2 - The Validation Checklists

Checklist 1:

Full Applications

Checklist 2:

Outline Applications & Reserved Matters Submissions

Checklist 3:

Listed Building Consent & Planning Permission for Relevant Demolition in a Conservation Area

Checklist 4:

Advertisement Consent

Checklist 5:

Householder Applications

Checklist 6:

Non-material and Minor-material Amendments

2

 

(i)

Background to the Tyneside Validation List

a)

The submission of a valid application for planning permission requires a completed application form, compliance with local and national information requirements and the correct application fee. Without the correct information and fee the planning application cannot be made valid and it cannot be determined.

b)

National Planning Policy Framework makes clear that local planning authorities should publish a list of their local information requirements for planning applications and that this list should be kept under review.

c)

This Tyneside Validation List therefore seeks to explain, the information that the relevant local planning authority will require in order to make your application valid. Failure to submit the required information will result in your application being made invalid and being returned to you without it being determined. Information regarding planning fees is available on either the council’s website or on the Planning Portal webpage.

d)

The checklist seeks to ensure that the supporting information is relevant, necessary and material to the planning application in question. This document should be followed when submitting planning applications to the following local planning authorities: Gateshead, Newcastle, North Tyneside and South Tyneside. These four authorities have worked together and have consulted regular service users (agents) and statutory consultees to ensure that this validation checklist is kept up to date. This latest document supersedes the validation checklist published in 2016.

e)

Sunderland City Council have opted to produce their own bespoke validation checklist. Therefore the local validation requirements for Sunderland have not been included in this document. For further advice you are advised to contact Sunderland City Council on 0191 520 5506 or at dc@sunderland.gov.uk or www.sunderland.gov.uk

(ii)

Discretion

a)

This document seeks to ensure that the information requested in order to validate a planning application is reasonable, having regard to the nature and scale of the proposed development. The required information will relate to matters that, it is reasonable to think, will be a material planning consideration in the determination of the application.

b)

Planning applications must be determined in accordance with the adopted development plan, unless material planning considerations indicate otherwise. Pre-application engagement with the local planning authority offers significant potential to improve both the efficiency and effectiveness of the planning application system and improve the quality of planning applications and their likelihood of success (see paragraph (v) on page 5 of this document).. If used the pre-application advice service enables the council to provide an informal response regarding the planning merits of the scheme. This service requires a fee to be paid (refer to the relevant council’s website).

(iii)

Review

a)

Despite best intentions there may be anomalies in this local validation checklist. There is also the potential for a variance in interpretation from those using the list across the four authorities.

3

The review of the 2016 validation checklist began with a 21 day publicity exercise. On 26 November 2018, all external and internal consultees for planning applications and all regular service users (including the agents listed on submitted planning applications) were sent a draft copy of the updated checklist and they were invited to make written comments within the 21 day publicity period. All written representations received (held on file by South Tyneside Council) were then given careful consideration.

b)

Please note that the authorities may need to update and make changes to this publication to comply with legislative changes. Should this occur we will seek to update it on our websites as soon as practicable. Please be aware of this limitation should you choose to print a copy of this publication.

c)

Newcastle, North Tyneside and Gateshead are Community Infrastructure Levy (CIL) charging authorities. Therefore CIL liable development in Newcastle, North Tyneside and Gateshead will be required to provide further information as part of the planning application

(see Note 33).

(iv)

Using the Checklists

a)

In relation to the local validation checklist, criteria are included, wherever possible, to indicate when local list requirements will be triggered. Much depends on the location of development, its size, scale and nature/character and/or its impact on local amenities and the environment. The requirements are not prescriptive in every case. Links to other sources of information and guidance are provided to assist in determining when additional information is required.

b)

Data Protection: For any supporting documents, we prefer these with signatures already redacted or provided in a typed form i.e. without any signatures.

c)

Clearly, there are some circumstances where applicants will need to discuss the local list requirements with the relevant local planning authority (LPA) before submitting an application. Applicants are strongly encouraged to do this because if an application lacks the information specified by the Government and in the LPAs published local validation checklist, the LPA will be entitled to invalidate the application and so decline to determine it.

d)

Where the application is not accompanied by the information required by the LPA, the applicant should provide written justification as to why it is not appropriate in the particular circumstances. Where an application is considered to be invalid, the LPA will write to explain what information is required, why any missing information is required and indicate a time period within which this must be provided. There is a procedure in the Town and Country Planning (Development Management Procedure) (England) Order 2015 (under article 12) to resolve such disputes. An applicant must first send the LPA an article 12 notice. This must set out the reasons why the applicant considers that the information requested by the LPA, in refusing to validate the planning application, does not meet the statutory tests.

e)

Once the application is made valid it will be passed to a planning case officer for determination, but on occasions the proposed development will need to be revised to make it acceptable under planning policy or further information will be needed from the applicant in order for a planning decision to be made on the application. In such circumstances the planning case officer will inform the applicant / agent as soon as possible setting out what information is required.

f)

An additional publicity/consultation exercise may then need to be undertaken by the LPA on receipt of any additional or amended information. In such circumstances, LPAs are likely to seek approval from the applicant for an extension of time period for the determination of the application. This extension of time must be agreed in writing (an email will do) and it must provide the LPA with sufficient time to consider any third party representations made.

Failure to provide the requested information alongside the extension of time may result in the application being determined on the information currently available and it may result in the application being refused. The Planning Portal webpage provides further information on the planning appeal process including appeals relating to the non-determination of an application by a LPA. Planning appeals are made to the Planning Inspectorate of central government.

(v)

Pre-application Advice

a)

The government’s National Planning Policy Framework document (paragraphs 39 to 46) makes clear the importance of pre-application engagement and front loading. Early engagement has significant potential to improve the efficiency and effectiveness of the planning application system for all parties. In all but the most straightforward cases, the planning application process will be more efficient if applicants have sought advice about a proposed development and the information that will be expected to be submitted with an application, before making any application.

b)

Pre-application discussions are therefore an important stage in ensuring that applications are complete in terms of their information requirements. The Government recommends that LPAs and applicants should take a positive attitude towards pre-application discussions so that formal applications can be dealt with more certainty and in a speedy manner and the quality of decisions can be better assured. In addition to addressing the information requirements of formal applications, pre-application discussions can bring about a better mutual understanding of the planning history, policies, objectives and constraints that apply to the particular site and assist in proposals being adapted to better reflect community aspirations. They can also assist applicants by clarifying and narrowing down the information required to support a planning application. This will have the advantage of avoiding unnecessary work and expenditure and minimising delay in the handling of your application.

c)

Pre-application advice provided by the local planning authority cannot pre-empt the democratic decision making process or a particular outcome, in the event that a formal planning application is made. The advice could, however, be a material consideration to be taken into account and given weight in the planning application process.

d)

The right information is crucial to good decision making, particularly where formal assessments are required (such as Environmental Impact Assessment, Habitat Regulations Assessment, Flood Risk Assessment and Transport Assessment).

e)

To avoid delay, applicants should discuss, as soon as possible, what information is needed with the LPA and relevant expert bodies such as Highways England, Natural England, Historic England, Environment Agency, Sport England, The Coal Authority, Lead Local Flood Authority, Marine Management Organisation, County Archaeologist, and Highway Authority etc. as early as possible.

f)

Please visit the planning pages of your LPAs website to find out more about the range of pre-application services available, including any charges that may apply for using them.

5

 

(vi)

Local Planning Authority Contacts

Gateshead Council

(0191) 433 3150

enquiriesdevcon@gateshead.gov.uk

www.gateshead.gov.uk

Newcastle City Council

(0191) 2787878

planning.control@newcastle.gov.uk

www.newcastle.gov.uk

North Tyneside Council

(0191) 643 2310

development.control@northtyneside.gov.uk

www.northtyneside.gov.uk

South Tyneside Council

(0191) 424 7421

planningapplications@southtyneside.gov.uk

www.southtyneside.gov.uk/planning

 

 

Appendix 1

National and Local Validation Requirement Notes to accompany checklists

National Validation Requirements

1.

Completed Application Form

Planning applications should be submitted by email/post directly to the relevant local planning

authority or online (Planning Portal website: www.planningportal.co.uk or the iApply website:

https://iapply.co.uk/)

The use of email and online systems are quick and easy to use. They allow various types of

applications, under both planning and Building Control, to be submitted electronically. Applications

submitted electronically do not need to be accompanied by any further copies either of the

application or accompanying information.

However, not all consent types may be submitted through the Planning Portal i.e. Applications for

Permission in Principle and some Prior Approval Applications. Further information on the different

types of applications that may be submitted electronically may be found at:

https://www.planningportal.co.uk/info/200126/applications/60/consent_types

Applications may still be submitted in paper form, but this requires the completed application form

and all supporting documents to be submitted in duplicate by post. You may download offline

printable forms from the Planning Portal at:

https://1app.planningportal.co.uk/YourLPA/DownloadofflineForms

When making your application all of the relevant questions on the form should be responded to, or

the words “Not Applicable” or N/A should be inserted for clarity. See: “4. Ownership Certificates”

below with regard to certificates on the form.

It is very important that the description of development stated on the planning application form

accurately describes the proposed development and that it correctly summarises the detail shown

on the submitted plans. Otherwise your application may not be made valid and it may lead to

delays due to the council having to re-notify / re-consult interested third parties.

2.

Location Plan

All applications must include copies of a location plan based on an up-to-date map. This should

be at an identified standard metric scale (1:1250 or 1:2500). The location plan should identify

sufficient roads and/or buildings on land adjoining the application site to ensure that the exact

location of the application site is clear.

The application site should be edged clearly with a red line. It should include all land necessary to

carry out the proposed development - for example, land required for access to the site from a

public highway, visibility splays, landscaping, car parking and open areas around buildings.

A blue line should be drawn around any other land owned or controlled by the applicant, close to

or adjoining the application site.

Your LPA may be able to sell you Ordnance Survey plans for this purpose. Please contact your

LPA for further advice. Alternatively, there are a number of online sellers that can provide a

location plan and some of these are listed on the Planning Portal website (see the Buy a Plan

section).

Applicants should note that the copying of Ordnance Survey plans by unauthorised persons is an

infringement of copyright.

3.

Site Plan (Existing and Proposed)

All planning applications that include extensions or external ground works i.e. excluding

applications for change of use where there are no external building works proposed should include

existing and proposed site plans at a standard metric scale (typically 1:100 or 1:200).

The purpose of the site plan(s) is to enable the impact of the development to be assessed in terms

of its site and immediate surroundings. The site plan(s) must show the direction north along with

the proposed footprint of the development within the context of all existing buildings falling within

10 metres of the development. The site plans should also provide written dimensions and

distances from the elevations of the proposed development to both: i) The existing site boundaries

and ii) The existing buildings falling within 10 metres of the development.

It is not necessary to show flower beds, shrubbery and other garden features on the site plans,

where they would not be relevant to the planning assessment of the application, particularly in

terms of the impact of the development upon its site and immediate surroundings.

The following information should also be shown, unless these would not influence or be

affected by the proposed development:

• All the buildings, roads and footpaths on land adjoining the site including access arrangements;

• All public rights of way crossing or adjoining the site;

• The position of all existing trees on the site (including the canopy), and those on adjacent land;

• The extent and type of any hard surfacing;

• Boundary treatment including the type and height of walls or fencing.

4.

Ownership Certificates (A, B, C or D as applicable)

The relevant certificates concerning the ownership of the application site must accompany all

forms of applications.

For this purpose an ‘owner’ is anyone with a freehold interest or a leasehold interest if the

unexpired term of which is not less than 7 years.

• Certificate A must be completed when the applicant is the sole owner of the site.

• Certificate B must be completed when the applicant is not sole owner of the site but all of the

owner(s) of the site are known. The applicant needs to serve written notice on the person(s)

who, on the day 21 days before the date the application is submitted was an owner of any part

of the land to which the application relates. A copy of this notice must be sent to the LPA

(included in the planning application).

• Certificate C must be completed when some of the owners of the site are known but not all.

If Certificate C has been completed, written notice must be served on the known owners of the

site in question in the same way as the procedure under Certificate B and a copy sent to the

LPA with the planning application.

There is also a requirement for the applicant to advertise the proposal in a local newspaper

and this must not take place earlier than 21 days before the date of the application.

• Certificate D must be completed when none of the owners of the site are known.

If Certificate D has been completed, the applicant is required to give notice of the proposal in a

local newspaper. This must not take place earlier than 21 days before the date of the

application and a copy of the notice must be included with the planning application

5.

Agricultural Land Declaration

All agricultural tenants on a site must be notified prior to the submission of a planning application.

Applicants must certify that they have notified any agricultural tenants about their application, or

that there are no agricultural tenants on the site. The certificate is required whether or not the site

includes an agricultural holding. It is incorporated into the standard application form, and must be

signed in order for the application to be valid.

No agricultural land declaration is required if the applicant is making an application for the

approval of reserved matters, renewal of temporary planning permission, discharge or variation of

conditions, tree preservation orders, listed building consent, a lawful development certificate, prior

notification of certain developments with permitted development rights, a non-material amendment

to an existing planning permission, or express consent to display an advertisement.

6.

The Correct Fee

Most applications incur a fee and they cannot be validated without the correct fee being paid.

The Planning Portal includes a fee calculator and a fee schedule for applicants, although each

Local Planning Authority is able to advise applicants on specific cases and payment methods.

These can be found at:

https://www.planningportal.co.uk/info/200126/applications/59/how_to_apply/7

Note: For the purposes of fee calculation, floor space is taken to be the gross amount (all storeys,

including basements and garaging) to be created by the development. This is an external

measurement, including thickness of external and internal walls.

7.

Design and Access Statement (if required)

When is this required?

 The provision of dwellinghouses where -

(i) the number of dwellinghouses to be provided is 10 or more; or

(ii) the development is to be carried out on a site having an area of 0.5 hectares or more

and it is not known whether the development falls within (i);

 The provision of a building or buildings where the floor space to be created by the

development is 1,000 square metres or more;

 Development carried out on a site having an area of 1 hectare or more ( excluding minerals,

mining or waste development applications)

 

 In World Heritage Sites or in a conservation areas;

i.

the provision of one or more dwellinghouse

ii.

the provision of a building (or extension) where the proposed floor space is more than

100 square metres;

Applications for listed building consent

Where pre-application advice from the relevant Local Highways Authority has confirmed that a

Design and Access Statement is required to deal with the transport and highways access issues

associated with the development (see above paragraphs under the heading: v) ‘Pre-application

Advice’).

What information is required?

A Design and Access Statement sets out the design principles and concepts that have been

applied to the development and how issues relating to access to the development have been dealt

with alongside the need to design out crime and eliminate the fear of crime.

For Planning Applications they must:

  •  Explain the design principles and concepts that have been applied to the development;
  •  Demonstrate the steps taken to appraise the context of the site and its surroundings and how
  • the design of the development takes that context into account;
  •  Explain the policy adopted as to access, and how policies relating to access in relevant local
  • development documents have been taken into account;
  •  State what, if any, consultation has been undertaken on issues relating to access to the
  • development and what account has been taken of the outcome of any such consultation; and
  •  Explain how any specific issues which might affect access to the development have been
  • addressed.
  •  A description of any heritage asset affected, including any contribution made by their setting
  • and the contribution made by the development to local character and distinctiveness
  •  Explain how the application has taken into account existing crime in the area and how the
  • development has been designed to both address issues of crime and minimise its impact on
  • the safety and security of the area.
  • For Listed Building Consent applications they must:
  •  Explain how the design principles and concepts that have been applied to the works take
  • account of:
    • o The special architectural or historic importance of the building;
    • o The particular physical features of the building that reflect and illustrate the significance of
    • the building ;
    • o The building’s setting.

Where appropriate a Design and Access Statement may also include a Heritage Statement (see

requirement 16).

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

 

Outline Planning Applications

An outline planning application is a means of establishing the principle of a proposed development

without having to supply all of the details. The grant of outline planning permission will then be

conditional upon the subsequent approval of details of ‘reserved matters’ - as defined below.

The Government has set down the minimum level of information that must be submitted with

outline applications, as follows:-

 Use - the use or uses proposed for the development and any distinct development zones

within the application site.

 Amount of development - the amount of development for each use.

 Indicative access points - an area or areas in which access point or points to the site will be

situated.

An outline application may also contain details and seek approval of one or more of the reserved

matters, but at least one must be reserved for later approval. It should be noted that for an outline

application it is necessary to indicate access points on the submitted plans even if access will be a

reserved matter.

Whilst the outline planning application process allows the minimum level of information to be

submitted to enable the application to be made valid, the LPA must then reach its planning

decision on the application in line with its development plan and having had regard to any material

planning considerations. The LPA may therefore require further information to be provided by the

applicant in order to reach a favourable decision on the application. The application may be

refused if the requested information has not been provided within the agreed timescales.

Therefore before submitting an outline planning application applicants are strongly advised to seek

pre-application advice (see above paragraphs under the heading: v) ‘Pre-application Advice’).

Any additional/indicative information submitted i.e. not form part of the completed planning

application form, must be clearly marked as such otherwise this will lead to confusion in terms of

the reserved matters being applied for.

Reserved Matters Applications

Reserved matters are defined by the government as follows:-

 Layout - the way in which buildings, routes and open spaces are provided within the

development and their relationship to buildings and spaces outside the development.

 Scale - the height, width and length of each building proposed in relation to its surroundings.

 Appearance - the aspects of a building or place which determine the visual impression it

makes. This includes the external built form of the development, its architecture, materials,

decoration, lighting, colour and texture.

 Access - the accessibility to and within the site for vehicles, cycles and pedestrians in terms of

the positioning and treatment of access and circulation and how these fit into the surrounding

network.

 Landscaping - this is the treatment of private and public space to enhance or protect the

amenities of the site through hard and soft measures. This may include, for example, planting

of trees or hedges, screening by fences or walls, the formation of banks or terraces, or the

layout of gardens, courts or squares.

 

Local Validation Requirements

8.

Application Plans

When is this required?

• Elevation plans should be submitted for all applications where external alterations are

proposed;

• Floor plans, Site Sections and Site Levels should be submitted for applications where this

would be expected to add to the understanding of the proposal;

• Roof Plans should be submitted where there is an alteration to an existing roof or otherwise

where this is expected to add to the understanding of the proposal.

 All plans/drawings submitted should be numbered (any amended plans will require a revision

number and date).

What information is required?

All plans should be numbered.

(a)

Existing and Proposed Elevations

The drawings of the elevations should be at a scale of 1:50 or 1:100 and all external sides of the

proposal must be shown, along with the proposed building materials and the style, materials and

finish of windows and doors where possible. Where a proposed elevation adjoins another

building/structure or is in close proximity the drawing should clearly show the relationship between

the two buildings/structures and detail the positions of any openings on each property. Proposed

blank elevations must also be included if only to show that this is in fact the case.

(b)

Existing and Proposed Floor Plans

The submitted drawings should be at a scale of 1:50 or 1:100 and should explain the proposal in

detail. Where existing buildings or walls are to be demolished, these should be clearly shown.

The proposed development should be shown in context with the site boundary and any existing

adjacent buildings including property numbers/names where appropriate.

Floor Plan drawings also need to clearly state the number of bedrooms and bed spaces the

property will provide, to show the intended number of occupants the house has been designed to

accommodate, and also as a statement indicating how the property will be marketed (i.e. a 3b/5p

property).

North Tyneside Only: Please note that all applications for new build housing within North

Tyneside must be accompanied by a statement to demonstrate compliance with Policy DM 4.9 of

the North Tyneside Local Plan 2018. This Policy requires that all new houses must be compliant

with the Government’s Nationally Described Space Standards and developments of 2 units or

more also need to demonstrate compliance with M4(2) ‘Category 2 - accessible and adaptable

dwellings’ of the Building Regulations. The standards apply only to new houses and not to an

extension of an existing house or to the material change of use affecting an existing house.

Gateshead and Newcastle Only: Nationally Described Space Standards policies are likely to be

adopted by both Gateshead and Newcastle following adoption of their respective Development

and Allocations Plans in late 2019/2020. Following adoption of these standards, and any the

stipulated notice period for implementation of these policies, applications for new build housing in

Gateshead of 15 units or more and in Newcastle of 11 units or more, must be accompanied by a

 

statement to demonstrate compliance with the relevant Nationally Described Space Standards

policy. The statement should contain layouts (annotated in square metres) to demonstrate that all

rooms within the property can; (a) comfortably accommodate the required basic items of furniture,

and (b) provide enough circulation space for the intended occupants to safely navigate rooms and

perform basic tasks. Bedroom dimensions should be provided to demonstrate compliance with the

technical requirements of the NDSS. The gross internal area of the property should be provided to

include all habitable rooms and all built-in spaces designed specifically for storage.

(c)

Existing and Proposed Site Sections and Site Levels

Section drawings should be drawn at a scale of 1:50 or 1:100 showing how the proposed

development relates to existing site levels and adjacent land (with levels related to a fixed datum

point off site).

(d)

Roof Plan

Both an existing and proposed roof plan drawn to a scale of 1:50 or 1:100 are required in order to

show the shape of the roof, its location and the proposed facing materials.

For applications for advertisement consent only, the following should be submitted:

• Where multiple adverts are proposed a site plan to a scale of either 1:100 or 1:200 showing the

direction of north, all buildings on site, and the position of the advert(s) with written dimensions

and distances to the site boundaries as a minimum;

• Plans of the advert(s) to a scale of 1:50 or 1:100 showing their elevations, their size, position

on buildings or land, height above ground level, extent of projection, sections, materials,

colours and method of fixing;

• Details of means of illumination where applicable, with section through advertisement and

method of illumination.

Advertisement consent applications may also include existing and proposed photomontages to

supplement scaled plans.

9.

Affordable Housing Statement

When is this required?

All applications for housing development of 10 units or more.

North Tyneside only: All applications for housing development of 11 dwelling units or more and

gross internal area of more than 1,000 square metres .

South Tyneside only: All applications for housing development of 11 units or more in the urban

fringe villages (Whitburn, Cleadon, East Boldon, West Boldon and Boldon Colliery), except where

the total gross internal floorspace of the development is more than 1,000 sqm (i.e. affordable

provision/contributions would still be required on sites of 10 dwellings or less where the total floor

space exceeds 1,000 sqm) and 15 units or more in other locations, or housing development on

sites of 0.5 ha or more.

 

Re-Use and Demolition of Vacant Buildings

Government policy now means that a ‘financial credit’, equivalent to the existing floorspace of any

vacant buildings brought back into any lawful use or demolished for redevelopment, should be

deducted from the calculation of any (on-site or off-site) affordable housing contributions sought

from relevant development schemes. This does not, however, apply to vacant buildings that have

been abandoned.

Affordable housing contributions are only required in relation to any net increase in gross (internal)

floorspace on the site - i.e. calculated based on the net additional new floorspace being

built/created, having subtracted the amount of vacant floorspace on the site (at the time of the

planning application being assessed and determined) that is to be re-used/converted or

demolished. An applicant should apply for this ‘vacant building credit’ at the time of submitting the

planning application. Further information on ‘vacant building credit’ can be found at:

https://www.gov.uk/guidance/planning-obligations

What information is required?

This statement should clearly identify the following points:

• Is affordable housing to be provided? If not then what is the justification?

(i.e. financial viability)

• Will it be provided a) on site, b) off site or c) by way of financial contribution? If b) or c) why will

it be provided in this way?

• What type of units will be affordable (e.g. houses, apartments) and how many bedrooms will

they have?

• What type/tenure of affordable housing is being provided to ensure it meets NPPF requirement

for 10% home ownership products and local plan policy? (e.g. social rented or intermediate -

see Annex 2 Glossary of the NPPF)

• How will the affordable housing be affordable to those on lower incomes or in receipt of housing

benefit?

For full or reserved matter applications, there should be clarification on the plans as to the

location of the affordable units.

A Draft Heads of Terms for a Section 106 Agreement should also confirm the provision of

affordable housing, its delivery and its retention in perpetuity.

Please seek pre-application advice from the Local Planning Authority for further details on

what provisions would be required.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

• National Planning Policy Framework - Chapter 5 and Annex 2 Glossary

• National Planning Practice Guidance - Housing need assessment section.

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS11 Providing a Range and Choice of Housing

South Tyneside

Core Strategy Policies: SC3, SC4 and SC5

Development Management Policies: DM4 and DM5

Area Action Plan Policies: SS6, SS11, J9 and H8

Site-Specific Allocations Policies: SA8, SA9 and SA10

Supplementary Planning Documents: SPD4, SPD5 and SPD9

North Tyneside

Local Plan (2017) DM4.7

 

10.

Air Quality Assessment

When is this required?

The following criteria are provided to help establish when an air quality assessment is likely to be

considered necessary, but they are by no means exhaustive:

• Where a development would lead to a minimum 5% increase in traffic within an Air Quality

Management Area (AQMA), Clean Air Zone (CAZ) or 10% elsewhere;

• Where the Average Annual Daily Traffic (AADT) would exceed 10,000 vehicles (or 5,000 if

narrow and congested);

• Where a development would increase the number of Heavy Goods Vehicle journeys by more

than 200 per day;

• Where there would be an increase of 50 parking spaces within an AQMA or 100 spaces

elsewhere;

• Major development (10 dwellings or more/1,000 square metres floorspace) within or adjacent to

an AQMA or CAZ;

• Development in excess of 100 dwellings or 10,000 square metres floorspace (or an equivalent

combination);

• Where a development would include Biomass boilers or a Combined Heat and Power Plant;

• Proposals for industrial processes where there are direct emissions to the air.

Air quality may require consultation with the statutory consultees e.g. Highways England

and pre-application advice, particularly in terms of clarifying the level of information that

would be required, is therefore encouraged to avoid any delays in the determination of the

application (see above paragraphs under the heading: v) ‘Pre-application Advice’).

The LPA are likely to seek the comments of relevant statutory consultees on the air quality

assessment before reaching a decision on the planning application.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

What information is required?

The purpose of an air quality assessment is to demonstrate the likely changes in air quality or

exposure to air pollutants, as a result of a proposed development. There are three basic steps in

an assessment:

• Assess the existing air quality in the study area (existing baseline);

• Predict the future air quality without the development in place (future baseline);

• Predict the future air quality with the development in place (with development).

The report should also contain the following information:

• Relevant details of the proposed development;

• Description of the relevant air quality standards and objectives;

• Details of the assessment methodology and input data including: traffic data; emissions data;

meteorological data; baseline pollutant concentrations; other relevant parameters;

• Results of the modelling assessment and an assessment of the significance of the result;

• Summary of the assessment results, which should include: impacts of construction phase of

development; impact that change in emissions will have on ambient air quality concentrations;

any exceedance of air quality objectives or worsening of air quality; a verification of the model

outputs; any impacts upon sensitive ecological habitats vulnerable to deposition from increased

emissions to air. Sensitive habitats may experience nutrient enrichment and eutrophication

from increases to deposition from oxides of nitrogen and sulphur, or smothering from increased

particulate matter emissions and subsequent deposition.

• For developments with a potential impact on the strategic highway road network Highway

England should be contacted

Where a local authority has adopted an Air Quality Action Plan or Air Quality Strategy, the

assessment should detail whether any of the actions contained within these will be directly

compromised or rendered ineffective by the development.

Policy Background

Government Policy or Guidance

National Planning Policy Framework - paragraph 181

• National Planning Practice Guidance - Air quality chapter

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS14

Gateshead

Unitary Development Plan Policy DC1 (h)

South Tyneside

Core Strategy Policy EA5

Development Management Policy DM1

North Tyneside

Local Plan (2017) DM5.19

Area specific requirements and further information:

• Development Control: Planning for Air quality - 2010 update (Environmental Protection UK

• http://www.iaqm.co.uk/text/guidance/epuk/aq_guidance.pdf

 

11.

Archaeological Assessments

When is this required?

Archaeological desk based assessment

• Proposals on or near Scheduled Ancient Monuments;

• Developments along the Hadrian's Wall corridor or within the vicus (civilian settlement) of the

Roman Forts (Newcastle, Benwell, Wallsend and South Shields);

• Greenfield sites of 1hectare or more in size.

Exceptions: Householder extensions and also any development with no ground intrusion.

Archaeological Evaluation Report (field walking, earthwork survey, geophysical survey

and/or trial trenching)

All applications involving new builds where one of the following would apply:

• Proposals affecting Scheduled Ancient Monuments;

• Developments along the Hadrian's Wall corridor or within the vicus (civilian settlement) of the

Roman Forts (Newcastle, Benwell, Wallsend and South Shields);

• Proposals affecting sites identified on the Tyne & Wear Historic Environment Record;

• Greenfield sites of 1 hectare or more in size.

Archaeological Building Assessment and Recording

• Proposals on or adjacent to sites identified on the Tyne & Wear Historic Environment Record;

• Applications for the demolition, substantial repair or alteration of historic buildings (19th century

or earlier), and other listed buildings, locally listed buildings and unlisted buildings within a

Conservation Area. The types of building which warrant assessment include churches, farms,

houses, industrial buildings, public houses and schools;

• Proposals affecting buildings or structures identified on the Tyne & Wear Historic Environment

Record.

What information is required?

Archaeological desk based assessment

The County Archaeologist will provide a specification for the desk based assessment for the

applicant which sets out what is required.

The assessment must be produced by an experienced professional archaeologist. The

archaeological desk based assessment is an assessment of the known or potential archaeological

resource within and around the development site. It consists of a collation of existing written,

graphic, photographic and electronic information in order to identify the likely character, extent,

quality and worth of the known or potential archaeological resource within the development site.

The Local

The LPA will use the assessment to appraise the likelihood that archaeological features survive

within the site and to determine if further archaeological fieldwork is required.

 

Archaeological Evaluation Report (field walking, earthwork survey, geophysical survey

and/or trial trenching)

The County Archaeologist will provide a specification for the evaluation for the applicant which

sets out what is required.

The evaluation must be undertaken by an experienced professional archaeologist. Archaeological

field evaluation is a limited programme of fieldwork which determines the presence or absence of

archaeological features, structures, deposits, artefacts or eco-facts within the development site. It

can take the form of field walking, geophysical survey and trial trenching.

Where remains are present the field evaluation defines their character, extent, quality and

preservation and enables an assessment of their significance.

Archaeological Building Assessment and Recording

Standing buildings, structures and complexes form part of the archaeological resource and should

be treated in an equivalent manner to other parts of the resource.

The County Archaeologist will provide a specification for the building assessment and recording

for the applicant which sets out what is required.

The assessment and recording must be undertaken by an experienced professional archaeologist

or buildings historian. This is a programme of work to establish the character, history, dating, form

and archaeological development of a specified building, structure or complex and its setting.

The purpose of the recording is not only to provide an archive record of the building as it is, but

also to advise the proposed scheme by identifying those parts of the building which are most

significant and should be retained in the conversion process. It will be used to formulate a strategy

for the conservation, alteration, demolition, repair or management of a building and to seek a

better understanding, compile a lasting record, analyze the findings and then disseminate the

results.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

National Planning Policy Framework - Chapter 16 Conserving and Enhancing the Historic

Environment

National Planning Practice Guidance - Conserving and enhancing the historic environment

section.

Historic England Good Practice in Planning Notes 1, 2 and 3;

https://historicengland.org.uk/images-books/publications/pps-practice-guide/

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS15

Newcastle

Unitary Development Plan Policies C4, C4.1, C4.2 and C4.3

Gateshead

Unitary Development Plan Policies ENV21, ENV22 and ENV23

South Tyneside

Core Strategy Policies EA1 and EA4

Development Management Policy DM6

Area Action Plan Policies SS12, J10 and H9

North Tyneside

Local Plan (2017) DM6.7

Area specific requirements and further information:

• Jennifer Morrison, Tyne and Wear Archaeology Officer tel. (0191) 2816117 or email

jennifer.morrison@newcastle.gov.uk

• https://historicengland.org.uk/listing/selection-criteria/listing-selection/

 

12.

Coal Mining Risk Assessment / Mineral Safeguarding

When is this required?

This is normally only required for development in Coal Mining Development High Risk Areas with

the exception of householder extensions or alterations, changes of use and shop front alterations.

A link is attached below to the map showing these areas.

See below in relation mineral safeguarding, which is a South Tyneside Council requirement.

What information is required?

There is a legacy of past coal mining activity in the region. In order to ensure coal mining related

land stability issues are assessed in planning applications, a Coal Mining Risk Assessment is

required. The Coal Mining Risk Assessment should be prepared by a competent person and

should address the following issues:

1 Site specific coal mining information

Including past/present/future underground mining, shallow coal workings (recorded or

probable), mine entries (shafts and adits), mine gas, current licensed areas for coal extraction,

any geological features, any recorded surface hazards, past/present surface mining sites (past

sites may have used the old style opencast extraction methods);

2 Identify what risks these coal mining features including cumulative effects pose to new

development;

3 Identify how coal mining issues have influenced the proposed development scheme (e.g.

layout) and what mitigation measures will be required to manage those issues and/or whether

any changes have been incorporated into the development proposals, and

4 Confirm whether the prior written permission of the Coal Authority will be required for the site

investigation and/or mitigation works and indicate when this permission will be sought.

 

Where an application site exceeds 1 hectare in area and the proposals are for non-mineral

development a report will be required to deal with the potential sterilisation of mineral resources

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

National Planning Policy Framework - Chapter 15

National Planning Practice Guidance - Land stability section

Development Plan

Newcastle and Gateshead

Core Strategy Policy CS14, CS18

Gateshead

Unitary Development Plan Policy DC1 (p)

South Tyneside

Development Management Policies DM1, DM8 and DM9

North Tyneside

Local Plan (2017) DM5.18

Area specific requirements and further information:

• Coal Authority planning service can be found at:

https://www.gov.uk/guidance/planning-applications-coal-mining-risk-assessments

• Maps of Coal Mining Development High Risk Areas.

https://www.gov.uk/government/collections/coalfield-plans-for-local-planning-authority-areas

13.

Ecological Survey Assessment and Mitigation Report & Protected Species Survey

When could either of these be required?

Modification / demolition (including in part) of the following:

Permanent agricultural buildings;

Buildings with weather boarding, wooden cladding and/or hanging tiles within 200 metres of

woodland or water;

Pre-1960 buildings within 200 metres of woodland or water and pre-1919 buildings within 400

metres of woodland or water; buildings/structures of any age within or immediately adjacent to

woodland and/or water;

Tunnels, mines, kilns, ice houses, adits, military fortifications, air raid shelters, cellars and

similar underground ducts and structures;

Bridges, aqueducts and viaducts;

Buildings known to support roosting bats.

 

Applications that would include the following:

• Floodlighting within 50 metres of woodland, water or hedgerows / lines of trees with an obvious

connection to woodland or water;

• Works to fell or lop veteran trees, trees with obvious cracks, holes and cavities, or trees with a

diameter greater than a metre at chest height;

• Major proposals within 500 metres of the perimeter of a pond, or 200 metres of rivers, streams,

canals, lakes or other aquatic habitats such as wetlands;

• Minor proposals within 100 metres of a pond or adjacent to rivers, streams, canals, lakes or

other aquatic habitats such as wetlands;

Proposals for wind turbines.

Applications affecting:

• Woodland, or hedgerows / lines of trees with an obvious connection to woodland or water;

• Gravel pits, quarries, natural cliff faces, or rock outcrops with crevices or caves;

• European protected sites or candidate sites: Special Protection Area (SPA) / Ramsar Site,

Special Area of Conservation (SAC);

• Site of Special Scientific Interest (SSSI);

• Local Wildlife Sites (LWS);

• Local Nature Reserve (LNR)

• Wildlife Corridors;

• Site of Local Conservation Interest (SLCI);

• Priority habitats as defined in the UK Biodiversity Action Plan (BAP) (Refer to Local BAPs and

the Natural Environment and Rural Communities Act);

• A semi-natural habitat.

Exceptions:

A survey assessment & mitigation report may be waived if:

• Following consultation at the pre-application stage, it is confirmed in writing by the Council that

a survey/report is not required;

• A reasoned risk assessment, undertaken by a suitably qualified ecologist, is submitted

demonstrating that no protected species are present, or that none would be adversely affected

by the proposal;

Please seek pre-application advice from the Local Planning Authority for clarification on

when a survey or Habitat Regulation Assessment screening opinion (see below) would be

required.

What information is required?

Where a development has the potential to impact on priority and protected habitats or species e.g.

bats or Great Crested Newts, appropriate surveys and assessments will be required with the

application. Mitigation measures to negate harm may be required along with evidence of lack of

alternative sites. The level of detail will vary according to the size of the development and the

habitats and species concerned.

It should be noted that species associated with some designated sites receive protection outside

of the designated boundary - for example land outside of the site boundary where birds

associated with Special Protection Areas are found to be feeding or roosting would be considered

 

‘functional land’. This would receive the same protection as land within the designated site and so

the same expectation for avoidance and mitigation measures to be put in place would exist.

An Ecological Survey should contain the following information:

• Up-to-date information of habitats on site and links to habitats off site;

• Species present or likely to be present;

• Records search, likely impacts, mitigation and opportunities for enhancement.

Depending on the results of the initial survey, further surveys may be required.

Where protected or priority species are known or have a reasonable likelihood of occurring, a

detailed Protected Species Survey must be carried out by a suitably qualified and experienced

ecological specialist. Failure to provide information on protected species at the outset can

significantly delay the processing of your planning application whilst a survey is carried out, and

could result in a need for design and layout changes that should have been taken into account in

the original proposal.

Please note certain surveys can only be undertaken at certain times of the year. For further

details please contact the Local Planning Authority at pre-application stage.

Where a development could impact upon a European Protected Site or candidate site a Habitat

Regulation Assessment (HRA) will be required The HRA is an overall assessment process, which

involves a number of stages including screening and Appropriate Assessment. The process

seeks to identify any potential ‘likely significant effects’ (LSE) which may impact upon the

designated site, either alone or in-combination with other plans and projects.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

• National Planning Policy Framework - Chapter 15

• National Planning Practice Guidance - Natural environment section

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS18

Newcastle

Unitary Development Plan Policies NC1.1, NC1.2, NC1.3 (in part), NC1.4, NC1.5, NC1.6 and

NC1.7

Gateshead

Unitary Development Policies DC1 (d), ENV44, ENV46, ENV47, ENV48, ENV49, ENV50 and

ENV51

South Tyneside

Core Strategy Policies ST1, EA1 and EA3

Development Management Policies DM1 and DM7

 

Area Action Plan Policies SS13 and J11

Interim Supplementary Planning Document 23 - Mitigation Strategy for European Sites

https://www.southtyneside.gov.uk/article/36021/Supplementary-Planning-Documents

North Tyneside

Local Plan (2017) S5.4, DM5.5, DM5.6, DM5.7

Area specific requirements and further information:

• Bat Conservation Trust

http://www.bats.org.uk/

• Natural England website

https://www.gov.uk/government/organisations/natural-england

• Northumberland Biodiversity Action Plan

http://www.nwt.org.uk/northumberland-BAP

• Durham Biodiversity Action Plan

https://www.durham.gov.uk/article/3918/Biodiversity 

14.

Habitat Regulations Assessment

The European Union (EU) Habitats Directive protects certain species of plants and animals which

are particularly vulnerable. The Directive specifically relates to Special Protection Areas (SPAs),

Special Areas of Conservation (SACs) and Ramsar sites known as Natura 2000 sites. The UK

Habitats Regulations are used to implement the EU Directive and require a Habitats Regulations

Assessment (HRA). The process of HRA involves an initial ‘Screening’ stage followed by an

Appropriate Assessment (AA) if proposals are likely to have a significant (adverse) impact on a

Natura 2000 site.

Information on the reasons for which European Sites are designated may be obtained at Natural

England’s Designated Sites View website:

https://designatedsites.naturalengland.org.uk/

Further information may be obtained from Natural England:

http://magic.gov.uk/MagicMap.aspx

South Tyneside only: South Tyneside Council’s Interim Supplementary Planning Document 23:

Mitigation Strategy for European Sites (Recreational Pressure from Residential Development)

March 2018 is applicable to residential development where the development proposal is for 10

units or more and falling within a distance of 6km from the European designated coastal sites.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

 

15.

Flood Risk and Drainage Assessments

Flood Risk Assessment

When is this required?

All planning applications for:

• Development within a local authority’s own identified critical drainage area and Flood Zones 2

& 3;

http://www.environment-agency.gov.uk/research/planning/93498.aspx

• Development on sites of 1hectare or greater;

• Development or changes of use to a more vulnerable class that may be subject to other

sources of flooding (see relevant section of National Planning Practice Guidance on Flood

Risk and Coastal Change -

http://planningguidance.planningportal.gov.uk/blog/guidance/flood-risk-and-coastal-change/ )

Development on sites of 0.5 hectare or more within a local authority’s own

identified critical drainage area.

What information is required?

For both residential extensions and non-residential extensions of less than 250 square metres in

a local authority identified critical drainage area and Flood Risk Zones 2 and 3, a simple flood

risk assessment is required using the link below:

https://www.gov.uk/guidance/flood-risk-assessment-standing-advice#minor-extensions-standing-

advice

Otherwise, a Flood Risk Assessment should identify and assess the risks of all forms of flooding

to and from the development and demonstrate how these flood risks will be managed, taking

climate change into account.

A Flood Risk Assessment should include the following information:

Zone 1

• Existing flood risk to the site from localised sources & impact of development upon

run off rates;

• Design measures proposed to mitigate run off rates (SUDS).

Zone 2

• Existing flood risk to the site from all sources & potential impact of development upon

flood risk only (High level assessment only);

• Design measures proposed to mitigate risk of flooding, and their impact (details should

include floor levels, ground levels, evacuation routes, SUDS.

Zone 3

• Existing flood risk to the site from all sources (e.g. flood depth, flow routes, flood velocity,

defence failure);

• Potential impact of development upon flood risk;

 

• Design measures proposed to mitigate risk of flooding, and their impact (details

should include floor levels, ground levels, evacuation routes, SUDS).

Applications for new development in Flood Zones 2 and 3 should contain a sequential testing

statement (except for householder extensions, non-residential extensions of less than 250

square metres or renewable energy proposals) which should demonstrate to the local authority

that there are no reasonably available alternative sites where the proposed development could

be sited within an area of lower flood risk. It is recommended that applicants consider and apply

the sequential approach prior to the submission of a full application to avoid unnecessary costs

due to planning permission being refused.

The applicant needs to submit the following evidence to allow the local authority to consider

the sequential test:

• A written statement explaining the area of search;

• A map identifying all other sites considered within lower areas of flood risk;

• A written statement explaining why the alternative sites listed within lower areas of flood

risk are not reasonably available.

However, if the sequential test is passed there are still some vulnerable types of development

that should not normally be allowed in Flood Zones 2 and 3 unless there are exceptional

circumstances. These circumstances are established by using the Exception Test. More

information on this can be found at the relevant section of National Planning Practice Guidance

on Flood Risk and Coastal Change -

http://planningguidance.planningportal.gov.uk/blog/guidance/flood-risk-…)

For the exception test to be passed it has to satisfy each of the following three tests:

• It must be demonstrated that the proposed development provides significant wider

sustainability benefits to the community that outweighs flood risk;

• The development must be on previously developed land;

• A Flood Risk Assessment submitted with the application must demonstrate that the

development will be safe without increasing flood risk elsewhere and where possible reduce

flood risk overall.

Policy Background

Government policy or guidance:

• National Planning Policy Framework - Chapter 14

• National Planning Practice Guidance - Flood risk and coastal change section

• Environment Agency Standing Advice Development and Flood Risk

https://www.gov.uk/guidance/flood-risk-assessment-for-planning-applications

• https://www.gov.uk/government/organisations/environment-agency

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS17 Flood Risk and Water Management

 

Gateshead

Unitary Development Plan Policy DC1 (j)

South Tyneside

Core Strategy Policies ST2, EA2 and EA5

Area Action Plan Policies SS13 and J11

Development Management Policy DM1

North Tyneside

Local Plan (2017) S5.10, S5.11, DM5.12, DM5.13, DM5.14, DM5.15

Area specific requirements and further information:

• CIRIA: Sustainable Urban Drainage Systems - http://www.ciria.org.uk/

Drainage Assessment - Surface Water

When is this required?

All major development as defined by the Town and Country Planning (Development Management

Procedure) (England) Order 2015

What information is required?

All design development should be in accordance with the following documents:

Non Statutory technical standards for sustainable drainage systems March 2015

Link: https://www.gov.uk/government/publications/sustainable-drainage-systems-non-statutory-

technical-standards

LASOO Non Statutory technical standards for sustainable drainage systems Practice Guidance

Link: https://www.suds-authority.org.uk/wp-content/uploads/2018/12/non-statutory-technical-standards-guidance.pdf

Information needs to be submitted to evidence all surface water shall be managed for

the development. The drainage hierarchy is:

1. Infiltration

2. Watercourse

3. Surface water sewer

4. Combined sewer

It requires infiltration systems to be investigated before controlled attenuation discharge to

watercourse is considered. Only then if these forms of flood attenuation are not possible should

developments consider surface water and eventually combined sewer means of surface water

drainage.

For greenfield developments, the peak runoff rate from the development to any highway drain,

sewer or surface water body for the 1 in 1 year rainfall event and the 1 in 100 year rainfall event

should never exceed the peak greenfield runoff rate for the same event.

 

For developments which were previously developed, the peak runoff rate from the development to

any drain, sewer or surface water body for the 1 in 1 year rainfall event and the 1 in 100 year

rainfall event must be as close as reasonably practicable to the greenfield runoff rate from the

development for the same rainfall event, but should never exceed the rate of discharge from the

development prior to redevelopment for that event.

1. Infiltration

If the development discharges to an existing soakaway, evidence that it has sufficient

capacity to cater for any additional flow must be submitted. Evidence which verifies the

condition of the soakaway may also be requested.

Where new infiltration assets are proposed, percolation tests should be undertaken in

accordance with the testing method set down in BRE 365. The results of such tests should be

included in the Drainage Assessment. Infiltrations systems must be designed with sufficient

capacity to accommodate a critical rainfall event of 1:100 year

+ 40% allowance for climate change. Supporting calculations should be included in the Drainage

Assessment and form part of the planning application.

2. Discharge to watercourse

The existing greenfield run off rate for the site should be calculated. Attenuation systems

should be designed to accommodate a critical rainfall event of 1:100 year + 40% allowance

for climate change.

Written consent, in principal, must be obtained from either the EA or LLFA if the point of

discharge is to an ordinary watercourse or main river. Supporting calculations should be

included in the Drainage Assessment.

3. Discharge to sewer

It should be noted that in most circumstances surface water is not permitted to be connected to

the public combined or foul sewers. Only where there is no other feasible option will this be

considered and where it can be proved that all other options have been explored. Evidence will

need to be submitted which confirms the outcome of the other investigations undertaken and

reasons why discharge the sewer is the only feasible option.

Written evidence from Northumbrian Water Ltd or the owner of the sewer will also be required

that confirms that the proposed development can be connected to the water sewer network.

Confirmation of the agreed discharge rate must be supplied.

For all approaches to drainage the following will be required:

• Drainage design statement - This should outline how the development will comply with the

DEFRA non statutory technical standards:

https://www.gov.uk/government/publications/sustainable-drainage-systems-non-statutory-

technical-standards and , Planning Practice Guidance (ID: 7-051-20150323- ID: 7-086-

20150323. and The SuDS Manual (C753).

• Detailed design drawings - layout of drainage network, details of drainage features

including SUDS components (if applicable), inlets and outlets and flow controls.

• Detailed infiltration assessment of SUDS infiltration components (if applicable).

 

• Construction details and planning including phasing of development and Construction

Management Plan (refer to CIRIA guidance - Construction Method Statements RP992/22

or update) and The SuDS Manual (C753).

• SUDS Management Plan should set out ownership and management of SUDS components

and maintenance requirements over the lifetime of the development. This should include

the maintenance plan setting minimum standards of maintenance over the lifetime,

integrating with other green infrastructure and long term funding plan (including annual

charges and replacement of SUDS) (refer to CIRIA guidance on maintenance plan

RP992/21 or update) and The SuDS Manual (C753).

• Details of the proposed management and maintenance of the drainage

system.

Policy Background

Government policy or guidance:

National Planning Policy Framework - Chapter 14

National Planning Practice Guidance - Flood Risk and Coastal Change section

SUDS technical standards https://www.gov.uk/government/publications/sustainable-drainage-

systems-non-statutory-technical-standards

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS17 Flood Risk and Water Management

Gateshead

Unitary Development Plan Policy DC1 (j)

South Tyneside

Core Strategy Policies ST2, EA2 and EA5

Area Action Plan Policies SS13 and J11

Development Management Policy DM1

North Tyneside

Local Plan (2017) S5.10, S5.11, DM5.12, DM5.13, DM5.14, DM5.15

Area specific requirements and further information:

• CIRIA: Sustainable Urban Drainage Systems - http://www.ciria.org.uk

 

Drainage Assessment - Foul Water

When is this required?

All major development as defined by the Town and Country Planning (Development Management

Procedure) (England) Order 2015.

What information is required?

Confirmation that capacity exists both on and off site in the sewerage network to serve the

proposed development. Where capacity doesn't exist the assessment should include information

on what infrastructure needs to be upgraded and how this upgrade will be delivered.

If an application proposes to connect a development to the existing drainage system then details

of the existing system should be shown on the application drawing(s).

Where the development involves the disposal of trade waste or the disposal of foul sewage

effluent other than to the public sewer, then a fuller foul drainage assessment will be required

including details of the method of storage, treatment and disposal. A foul drainage assessment

should include a full assessment of the site, its location and suitability for storing, transporting

and treating sewage. Where connection to the mains sewer is not practical, then the foul/non-

mains drainage assessment will be required to demonstrate why the development cannot

connect to the public mains sewer system and show that the alternative means of disposal are

satisfactory.

If the proposed development results in any changes/replacement to the existing system or the

creation of a new system, scale plans of the new foul drainage arrangements will also need to

be provided. This will include a location plan, cross sections/elevations and specification.

Policy background

Government policy or guidance:

National Planning Policy Framework - Chapter 14

National Planning Practice Guidance - Flood risk and coastal change section

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS17 Flood Risk and Water Management

Gateshead

Unitary Development Plan Policy DC1 (j)

South Tyneside

Core Strategy Policies ST2, EA2 and EA5

Area Action Plan Policies SS13 and J11

Development Management Policy DM1

North Tyneside

Local Plan (2017) S5.10, S5.11, DM5.12, DM5.13, DM5.14, DM5.15

Area Specific requirements and further information:

Northumbrian Water Limited Water Developer Services on telephone number 0345 733 5566 or

visit https://www.nwl.co.uk/developers#:~:text=Please%20call%20our%20Developer%20Services,new%20water%20service%20connection%20queries.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

16.

Heritage Statement

When is this required?

A Heritage Statement is required for:

Listed Building Consent applications;

Major planning applications within or otherwise affecting conservation areas;

Planning applications for developments within conservation areas, including demolition,

(except changes of use) where the proposal would materially affects its appearance;

Planning applications that may affect the significance of any heritage asset, including its setting

What information is required?

A Heritage Statement could form part of a more comprehensive Design and Access Statement

(see also requirement 7), where this is also needed.

A Heritage Statement will describe the significance of any heritage assets affected, including any

contribution made by their setting. The level of detail should be proportionate to the assets’

importance and no more than is sufficient to understand the potential impact of the proposal on

their significance. As a minimum the relevant historic environment record should have been

consulted and the heritage assets assessed using appropriate expertise, where necessary.

Works to a Listed Building

Applications for Listed Building Consent may need to, as appropriate, include some or all of the

following elements within the Heritage Statement:

• A schedule of works to the listed building, and an analysis of the impact of these works on the

significance of the archaeology, history, architecture and character of the building/structure

along with a statement explaining the justification for the proposed works and principles which

inform the methodology proposed for their implementation;

• Contextual and detailed photographs of the buildings/structure as existing to illustrate any

features which are proposed to be altered or removed;

• Where reinstatement of lost or damaged features is proposed historic evidence to support the

detail of reinstatement should be provided where possible i.e. historic plans or photographs;

• For any alterations, replacement, or installation of features such as windows, doors and

shopfronts, elevation plans and sectional drawings to a scale of 1:20 or less. Further details of

features such as architrave, cills, horns, glazing bars, lintels, transom, mullions, panelling,

mouldings, meeting rails etc. may need to be at a scale of 1:5 or less;

• A detailed specification for all proposed materials including, where appropriate samples;

• Photomontages illustrating the proposed works in context.

Planning Applications for development within Conservation Areas

 

For developments including or solely for demolition, the statement should assess the contribution

that the building in question makes to the character and appearance of the conservation area and

provide justification for demolition.

For planning applications within conservation areas the statement should address how the

proposal has been designed to have regard to the character and/or appearance of the

conservation area and to explain how the proposal enhances or preserves the character or

appearance of the conservation area. Appropriate photographs should accompany the appraisal.

Applications affecting the setting of heritage assets

For applications impacting on the setting of heritage assets a written statement that includes plans

showing historic features that may exist on or adjacent to the application site including listed

buildings and structures, locally listed buildings and structures, historic parks and gardens, historic

battlefields and scheduled ancient monuments and an analysis of the significance of archaeology,

history and character of the building/structure, the principles of and justification for the proposed

works and their impact on the special character of the listed building or structure, its setting and

the setting of adjacent listed buildings may be required.

The scope and degree of detail necessary in the appraisal will vary according to the particular

circumstances of each application. Applicants are advised to discuss proposals with a planning

officer and/or a conservation officer before any application is made.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

National Planning Policy Framework - Chapter 16 Conserving and enhancing the historic

environment

National Planning Practice Guidance - Conserving and enhancing the historic environment

section

Historic England Good Practice Advice in Planning - Notes 1-3

https://historicengland.org.uk/images-books/publications/pps-practice-guide/

Development Plan:

Newcastle and Gateshead

Core Strategy Policies CS15, UC13 and UC14

Newcastle

Unitary Development Plan Policies C2, C2.2 and C3.1

Gateshead

Unitary Development Plan Policies ENV7, ENV8, ENV9, ENV10, ENV11, ENV12, ENV14, ENV15,

ENV16, ENV17, ENV18 and ENV19

South Tyneside

Core Strategy Policies EA1 and EA4

Development Management Policy DM6

Area Action Plan Policies SS12, J10 and H9

Supplementary Planning Documents 10-21

 

North Tyneside

Local Plan (2017) DM6.1, DM6.2, S6.5, DM6.6

17.

Land Contamination Assessment

When is this required?

All new development with a sensitive end use (including dwellings, allotments, schools, nurseries,

playgrounds, hospitals and care homes) require a minimum of a Phase 1 Land Contamination

Assessment (often referred to as a Preliminary Risk Assessment) to be submitted. Also new

development on land that has been identified on the public register as being contaminated or land

that is adjacent requires a Phase 1 Assessment will be required as a minimum.

What information is required?

The Phase 1 Land Contamination Assessment should include a desktop study, site walkover and

a conceptual site model. For single home development a screening assessment form can be used

as a basic contamination assessment.

The purpose of a Phase 1 Land Contamination Assessment is to establish the previous uses of

the land under consideration or land adjacent to it, and to initially identify potential sources of

contamination, receptors and pathway that could be risks to human health, surface or ground

waters, buildings or protected species (the receptors).

As part of the desktop study and site walkover it is important to identify all past uses of the site,

and adjacent or nearby sites, since pollutants have the potential to travel away from the source,

depending on the geology, groundwater and surface water of the area.

The desktop study and the site walkover should be the first stages of any site assessment and

should enable a 'conceptual site model' of the site to be produced that provides a clear

interpretation of all plausible pollutant linkages at the site. Off-site sources and receptors should

also be considered.

The Phase 1 Land Contamination Assessment compiled following the completion of the

conceptual model will determine whether a Phase 2 Intrusive Site Investigation is required.

Where significant contamination is known or is likely to be present, it may be necessary to carry

out some site investigations before the submission of an application, as significant contamination

may limit the allowable land uses.

Some sites which are potentially contaminated may also be of archeological interest and therefore

co-ordination is desirable to prevent site investigation in relation to the former adversely affecting

the latter.

Please seek pre-application advice from the Local Planning Authority to address potential

pollution matters early in the planning process.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

 

Government policy or guidance:

• National Planning Policy Framework - Chapter 15

• National Planning Practice Guidance - Land affected by contamination section

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS14

Newcastle

Unitary Development Plan Policy POL6

Gateshead

Unitary Development Plan Policies DC1 (p), DC2 (d) and ENV54

South Tyneside

Core Strategy Policies EA5 and EA6

Development Management Policies DM1 and DM8-DM9

Area Action Plan Policies SA11-SA12

North Tyneside

Local Plan (2017) DM5.18

Area specific requirements and further information:

• Environment Agency website:

https://www.gov.uk/government/publications/land-contamination-risk-management-lcrm

• BS 10175: Investigation of Potentially Contaminated Sites: Code of Practice

• Gateshead guidance on contamination land

https://www.gateshead.gov.uk/article/3502/Contaminated-land

• YALPAG Planning Guidance (version 9.2)

https://www.york.gov.uk/downloads/file/3803/yalpag_planning_guidance_version_82

18.

Landscaping Details

When is this required?

Planning applications (except those for the change of use or alteration to an existing building),

where landscaping would be a significant consideration in the assessment of the application.

What information is required?

The submitted scheme shall, as applicable, include: existing trees, shrubs and other landscape

features (indicating which are to be retained and which removed); planting plans, specifications

and schedules; existing and proposed levels and contours; means of enclosure, walls, retaining

walls and boundary treatment; paving and other surface treatment including car parking and

circulation layouts; items of landscape furniture, equipment, storage, signage, and lighting;

services and drainage; location of site cabins and compounds. The location of any watercourse

and associated landscaping as existing and proposed should also be shown. These details

should be cross-referenced with the Design and Access statement where submitted.

Existing trees and other vegetation of amenity value should, wherever possible, be retained in new

developments and will need to be protected during the construction of the development.

Landscape schemes should aim to priorities native species of local provenance in their design.

Development may present opportunities to protect and enhance locally valued landscapes

(including any local landscape designations) and opportunities for biodiversity net gain. Landscape

design should consider local landscape features or characteristics which could be incorporated

into the development in order to respect and enhance local landscape character and

distinctiveness, in line with any local landscape character assessments. Where the impacts of

development are likely to be significant, a Landscape & Visual Impact Assessment should be

provided with the proposal to inform decision making. The Landscape Institute Guidelines for

Landscape and Visual Impact Assessment provide further guidance:

https://www.landscapeinstitute.org/technical/glvia3-panel/

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

• National Planning Policy Framework - Chapter 12

Development Plan:

Newcastle and Gateshead

Core Strategy Policies CS15, CS18 and CS20

Newcastle

Unitary Development Policy EN3

Gateshead

Unitary Development Plan Policies DC1(c) and (e), DC2 (a) and (c), ENV3, ENV27 and ENV29

South Tyneside

Core Strategy Policy SC6

Development Management Policy DM1

Area Action Plan Policies SS10, J8 and H7

Site Specific Allocations Development Plan Document Policy SA7

Supplementary Planning Document 3

North Tyneside

Local Plan (2017) DM5.9

Area specific requirements and further information:

 BS 4428:1989: Code of practice for general landscape operations (excluding hard surfaces)

 BS8545:2014 Trees: from nursery to independence in the landscape

 BS 7370-1 to BS 7370-5: Grounds maintenance.

 

19.

Marketing Information

When is this required?

Planning applications for:

• Conversion to residential use of rural buildings, including in the Green Belt or Safeguarded

Land as allocated in the development plan;

• Change of use from retail to other uses in town centre primary shopping frontages;

• Non B1 (Business), B2 (General Industrial) and B8 (Storage or Distribution) uses on land

allocated for such purposes in the development plan;

• Demolition of listed and locally listed buildings and buildings in conservation areas.

With regard to the first three bullet points marketing information will not always be required and the

need for such evidence should be clarified with the Local Planning Authority at pre-application

stage including the scope of the marketing exercise and timescales.

What information is required?

It should be demonstrated that the property/land has been advertised for sale or lease on the open

market for uses appropriate to the use allocated in the development plan. Details of the marketing

and all offers received, if applicable, should be submitted along with a written assessment.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

• National Planning Policy Framework - Chapters 6, 7 and 16

• National Planning Practice Guidance -Conserving and enhancing the historic environment

Development Plan:

Newcastle

Unitary Development Plan Policy C2.1

Gateshead

Unitary Development Plan Policies RCL5, RCL6, JE1, JE3, ENV12, ENV8 and ENV18

South Tyneside

Core Strategy Policy E1

Development Management Policy DM2

North Tyneside

Local Plan (2017) S1.5, DM1.6, S2.1, S2.2, DM2.3, DM2.4, S3.1, DM3.4

 

20.

Noise Assessment

When is this required?

A noise impact assessment prepared by a suitably qualified acoustician should support

applications that raise issues of disturbance, or are considered to be noise sensitive

developments. Noise survey/sound insulation details may be required for the following types of

application:

• Changes of use to Class A3 (restaurants, snack bars, cafes), A4 (nightclub), A5 (takeaways),

D1 (places of worship, church halls, clinics, health centres, crèches, day nurseries, consulting

rooms), D2 (cinemas, music, concert halls, dance, sports halls, swimming baths, skating rinks,

gymnasiums, other indoor and outdoor sports and leisure uses, bingo halls and casinos);

• New residential development adjacent to the strategic road network (i.e. trunk roads or

motorways under the control of Highways England) or classified roads (forming part of the local

highway network under the control of the Local Highways Authority, or adjacent to railway or

metro lines, the airport, or existing industrial uses (except Class B1);

• New residential development near to licensed premises and cultural venues;

• New industrial development close to existing residential development.

• Minerals and waste development

• Energy generation development

In addition, a vibration survey may be required if a development is proposed adjacent to a railway

line.

What information is required?

A noise impact assessment prepared by a suitably qualified acoustician should support

applications that raise issues of disturbance or are considered to be noise sensitive developments.

Sound insulation details may be required for the types of application named in the above list.

The Noise Impact Assessment should outline the potential sources of noise generation, and how

these may have a negative effect on local amenity and environmental receptors particularly on

sites in close proximity to nationally and internationally designated sites. The assessment should

also outline how the developer intends to overcome these issues. For developments likely to be

affected by noise associated with the strategic road network, please contact Highways England for

details of its noise assessment requirements.

Environmental receptors should be identified as a feature that requires consideration in a noise

assessment, particularly industrial or port developments in close proximity to nationally and

internationally designated sites.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

• National Planning Policy Framework - Chapter 15

• The Calculation of Road Traffic Noise (DEFRA, 1988)

 

• The Calculation of Railway Noise (Department of Transport, 1995)

• National Planning Practice Guidance - Noise section

• The Noise Policy Statement for England ( Department for Environment, Food & Rural Affairs,

2010)

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS14

Newcastle

Unitary Development Plan Policies Development Control Policy Statement 22, POL7, POL8, POL9

and POL11

Gateshead

Unitary Development Plan Policies DC1 (h), DC2 (a), DC2(c), ENV61, ENV62, MWR2, MWR25

and MWR32 (e)

South Tyneside

Development Management Policy DM1

North Tyneside

Local Plan (2017) DM5.19

Area specific requirements and further information:

• The International Standard for Assessment of Environmental Noise ISO 1996;

• Acoustics - Description and Measurement of Environmental Noise" is the principal standard

referred to for environmental noise assessment;

• BS 4142 - Method for rating and assessing industrial and commercial sound (British Standards

Institution 2014);

• BS 8233 - Code of Practice for Sound insulation and noise reduction for buildings; (British

Standards Institution 2014)

• World Health Organisation Guidelines for Community Noise (1999)

• World Health Organisation Night Noise Guidelines for Europe (2009);

• ProPg: Planning and noise - Professional Practice Guidance on planning and noise.

21.

Open Space Assessment (including playing fields and recreational buildings)

National Planning Policy Guidance (paragraphs 96 to 101) makes clear that access to a network

of high quality open spaces and opportunities for sport and physical activity is important for the

health and well-being of communities. Planning policies should be based on robust and up-to date

assessments of the need for open space, sport and recreation facilities.

Existing open space, sports and recreational buildings and land, including playing fields, should

not be built on unless:

 An assessment has been undertaken which has clearly shown the open space, buildings or

land to be surplus to requirements; or

 The loss resulting from the proposed development would be replaced by equivalent or better

provision in terms of quantity and quality in a suitable location; or

 The development is for alternative sports and recreational provision, the benefits of which

clearly outweigh the loss of the current or former use.

 

Sport England

The LPA must consult Sport England on planning applications that include development which is

likely to prejudice the use of, or lead to the loss of use of land being used as a playing field or is on

land which has been used as a playing field at any time in the 5 years before the making of the

relevant application and which remains undeveloped or allocated for use as a playing field in a

development plan or in proposals for such a plan or its alteration replacement; or involves the

replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made

or composite surface.

Sport England will require sport specific information to be provided by the applicant as part of the

planning application and applicants should therefore refer to Sport England’s webpage and seek

pre-application advice to avoid any delay in the determination of the application (see above

paragraphs under the heading: v) ‘Pre-application Advice’).

Open Space Assessment

All planning applications for development on existing open space will require an open space

assessment.

Open space can be taken to mean all open space of public value, including not just land, but also

areas of water such as rivers, canals, lakes and reservoirs, that can offer important opportunities

for sport and recreation and can also act as a visual amenity.

What information is required?

Proposals should be accompanied by plans (to scale and also including area measurements),

showing any areas of existing or proposed open space within or adjoining the application site.

Planning permission is not normally given for the development of existing open spaces that local

communities need. In the absence of a robust and up-to-date assessment by a local authority, an

applicant for planning permission may seek to demonstrate through an independent assessment

that the land and buildings are surplus to local requirements. Any such evidence should

accompany the planning application.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

 National Planning Policy Framework - Chapter 8 and Annex 2 Glossary.

 National Planning Practice Guidance - Open space, sports and recreation facilities, public

rights of way and local green space section

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS18

 

Newcastle

Unitary Development Plan Policies OS1, OS1.1, OS1.2, OS1.4, OS1.5 and OS1.6 (in part)

Gateshead

Unitary Development Plan Policies CR20, CR21 and ENV27

South Tyneside

Core Strategy Policy SC6

Area Action Plan Policies SS10, J8 and H7

Site Specific Allocations Development Plan Document Policy SA7

Supplementary Planning Document 3 Green Infrastructure Strategy (Feb 2013)

Supplementary Planning Document 3 Green Infrastructure Strategy Technical Appendices (Feb

2013)

North Tyneside

Local Plan (2017) S5.1, DM5.2, DM5.3

22.

Planning Obligations (Section 106 Agreements) - Draft Head of Terms

When is this required?

Local planning authorities should consider whether otherwise unacceptable development could be

made acceptable through the use of conditions or planning obligations. Planning obligations

should only be used where it is not possible to address unacceptable impacts through a planning

condition.

What information is required?

Planning obligations (under Section 106 of the Town and Country Planning Act 1990 (as

amended) are private agreements negotiated between a Local Planning Authority and persons

with an interest in a relevant parcel land. They must only be sought where they meet the tests set

out in Regulation 122(2) of the Community Infrastructure Levy Regulations 2010: a) necessary to

make the development acceptable in planning terms; b) directly related to the development; and c)

fairly and reasonably related in scale and kind to the development.

Planning obligations seek to address various planning issues such as affordable housing, public

open space provision, highway works or landscape and nature conservation mitigation.

To make the planning application process quicker, it is expected that a draft head of terms will be

submitted along with the application and the ownership and contact details necessary for the

planning obligation to be progressed.

Please note that Highways England (whom are responsible for the strategic road network i.e. trunk

roads and motorways) cannot be a signatory to a s106 Agreement for a planning application,

unless the agreement has been specifically requested by Highways England. Pre-application

advice should therefore be sought with Highways England where a proposal is likely to affect the

strategic road network.

Viability Assessments

Where up-to-date planning policies have set out the contributions expected from development,

planning applications that comply with them should be assumed to be viable. It is up to the

applicant to demonstrate whether particular circumstances justify the need for a viability

assessment at the application stage. The weight to be given to a viability assessment is a matter

for the decision maker, having regard to all the circumstances in the case, including whether the

development plan and the viability evidence underpinning it is up to date, and any change in site

circumstances since the development plan was brought into force. All viability assessments,

including any undertaken at the development plan-making stage, should reflect the recommended

approach in national planning guidance, including standardised inputs, and should be made

publicly available.

Local planning authorities are required to check the validity of viability assessments and this may

incur a cost, which may then be passed onto the applicant through the terms of the planning

obligation.

Policy Background

Government policy or guidance:

• National Planning Policy Framework - Chapter 4

• National Planning Practice Guidance - Planning obligations section

Development Plan:

Newcastle and Gateshead

Core Strategy Policies CS13, CS18 and DEL1

Newcastle

Unitary Development Plan Policies IM6 and IM7

South Tyneside

Core Strategy Policy ST1

Supplementary Planning Documents 4, 5 and 7

North Tyneside

Local Plan (2017) S7.1, DM7.2, DM7.5

23.

Planning Statement

When is this required?

All planning applications for 100 dwellings or more or where a minimum of 10,000 sq. metres of

commercial/retail development would be created, or major planning applications that would

constitute a departure from the development plan.

What information is required?

A planning statement identifies the context and need for a proposed development and includes an

assessment of how the proposed development relates to relevant national and local planning

policies. It may also include details of consultations with the Local Planning Authority and wider

community/statutory consultees undertaken prior to submission. This can be in the form of a

Statement of Community Involvement (SCI; see Item 24).

The Planning Statement can also include information on employment creation as well as economic

and regeneration benefits. Applicants can also submit an Economic Statement to highlight the

 

economic benefits of a scheme if they so wish but this would not be required for validation

purposes.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

• National Planning Practice Guidance - Consultation and pre-decision matters section

Development Plan:

South Tyneside

Development Management Policy DM1

24.

Statement of Community Involvement

When is this required?

A Statement of Community Involvement (SCI) would be required for some major development

application as advised at pre-application stage by the Local Planning Authority.

What information is required?

A SCI will explain how the applicant has complied with the requirements for pre-application

consultation set out in the Local Planning Authority’s adopted Statement of Community

Involvement and seek to demonstrate that the views of the local community have been sought and

taken into account in the formulation of development proposals.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

• National Planning Practice Guidance - Consultation and pre-decision matters section

Area specific requirements and further information:

Newcastle Statement of Community Involvement (September 2018)-

http://www.newcastle.gov.uk/planning-and-buildings/planning-policy/statement-community-

involvement

Gateshead Statement of Community Involvement (December 2007), updated January 2013 -

https://www.gateshead.gov.uk/article/3015/Statement-of-Community-Involvement

South Tyneside Statement of Community Involvement (January 2013) -

https://www.southtyneside.gov.uk/media/16656/Statement-of-Community-Involvement-SCI-leaflet-1-/pdf/SCI._Leaflet_1.__January_2013.pdf?m=635526909124070000

 

25.

Structural Survey

When is this required?

All applications that involve:

• The change of use or conversion of rural buildings (e.g. barn conversions), including those in

the Green Belt and on safeguarded land;

• The demolition, or proposals that may affect the structural integrity, of a building or structure in

a Conservation Area;

• Any listed or locally listed building or structure, where works are proposed that involve

demolition or would affect the structural integrity of the building or structure.

Please seek pre-application advice from the Local Planning Authority for further details on

when this would be required.

What information is required?

A full structural engineers survey by a suitably qualified professional. This should include each of

the following where appropriate:

• General description and age of building;

• Condition - structural integrity, foundations, damp proofing, walls, joinery, timbers, roof

structure and roof covering;

• Assessment of repairs necessary to ensure retention of the building;

• Assessment of structural and other alterations necessary to implement the proposed

conversion;

• Assessment of percentage of building that needs to be rebuilt - including walls and timbers;

• Opinion as to the suitability of building for proposed conversion;

• Photographs are often helpful but not essential;

• A schedule of works necessary to preserve the building;

• A schedule of works necessary to carry out the applicant’s proposals (including those

necessary to meet building regulation approval).

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

• National Planning Policy Framework - Chapter 13 and 16

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS15

Newcastle

Unitary Development Plan Policies C2, C2.1, C3.1, GB2.1, GB2.2, GB2.3 and GB2.4

Gateshead

Unitary Development Plan Policies ENV8, ENV12, ENV18 and ENV42

 

South Tyneside

Development Management Policy DM6

Supplementary Planning Document 1

26.

Sustainability Statement

When is this required?

Most major full planning applications and major reserved matter applications.

What information is required?

The statement should demonstrate how sustainability has been addressed and/or how it will be

addressed at future design stage. This can include topics such as water use, materials waste,

pollution, health and wellbeing, management, ecology, building fabric, resilience to climate

change, local renewable and low carbon energy and transport.

The statement should include a strategy to reduce CO2 emissions to include building design and

materials, energy demand reduction, and renewable energy supply and generation

The statement should indicate whether the Code for Sustainable Homes and/or BREEAM

assessment methods and rating systems are being used or considered.

In Newcastle, the Sustainably Statement should include the Council’s assessment grid.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

National Planning Policy Framework - Chapter 14

National Planning Practice Guidance - Climate change section

Development Plan:

Newcastle and Gateshead

Core Strategy Policies CS1, CS13, CS15 and CS16

Gateshead

Unitary Development Plan Policies DC1 (g) and MWR35

Newcastle

Sustainably Statement Developer Guidance and Assessment Grid

 

South Tyneside

Core Strategy Policy ST2

Development Management Policy DM1

Site Specific Allocations Policies SA1, SS2, J2 and H2

Supplementary Planning Documents 1 and 9

 

27.

Telecommunications Development

When is this required?

Planning applications for mast and antenna development by mobile phone network operators.

What information is required?

Telecommunications applications will need to be accompanied by:

• Area of search;

• Details of the proposed structure;

• Technical justification;

• Evidence of mast sharing;

• Details of any consultation undertaken;

• A signed declaration that the equipment and installation has been designed to comply with the

requirements of the radio frequency (RF) public exposure guidance of the International

Commission on Non-Ionizing Radiation Protection (ICNIRP).

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

• National Planning Policy Framework - Chapter 10

Development Plan:

Newcastle

Unitary Development Plan Policy ED6

South Tyneside

Core Strategy Policy ST2 and Development Management Policy DM1

North Tyneside

Local Plan (2017) DM7.11

Area specific requirements and further information:

Code of Best Practice on Mobile Network Development in England (Mobile Operators

Association) (2013)

http://www.mobilemastinfo.com/2013/new-code-of-best-practice-on-mobile-network-development-

in-england-published.html

 

28.

Town Centre Use Assessment

When is this required and what information should be supplied?

The national planning policy framework (Chapter 7) states that local planning authorities should

apply a sequential test to planning application for main town centre uses that are not in an existing

centre and not in accordance with an up-to-date Local Plan.

Main Town Centre uses are:

• Retail development (including warehouse clubs and factory outlet centres);

• Leisure, entertainment facilities, and the more intensive sport and recreation uses (including

cinema, restaurants, drive through restaurants, bars and pubs, night-clubs, casinos, health and

fitness centres, indoor bowling centres and bingo halls);

• Offices;

• Arts, culture and tourism development (including theatres, museums, galleries and concert

halls, hotel and conference facilities.

The government’s Policy Framework states that when assessing applications for retail, leisure and

office development outside of town centres, which are not in accordance with an up-to-date Local

Plan, local planning authorities should require an impact assessment if the development of over a

proportionate locally set threshold (if there is no locally set threshold, the default threshold is 2,500

sq. m

Site Location (as

Large scale

Less than 2,500

Mezzanine floorspace up

defined by NPPF

(floorspace above

sq. m net)

to 200sq.m net

2,500sq.m net)

In Centre

No

No

Planning permission not

required

Edge of Centre

Yes**

Yes**

Planning permission not

and Out of Centre

required

An Impact Assessment needs to assess the impact of the proposal on existing, committed and

planned public and private investment in a centre or centres in the catchment of the proposal and;

The impact of the proposal on town centre vitality and viability, including local consumer choice

and trade in the town centre and wider area, up to five years from the time the application is made.

For major schemes where there full impact will not be realised in five years, the impact should also

be assessed up to 10 years from the time the application is made.

** A sequential assessment will be required. An impact assessment will also be required if the

local authority has set a threshold lower than 2,500 sq. m floorspace set by NPPF. Check with the

local authority. A sequential assessment and impact assessment are not required for planning

applications that are in accordance with an up-to-date development plan.

The sequential approach should not be applied to applications for small scale rural offices or other

small scale rural development.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

 

Policy Background

Government policy or guidance:

• National Planning Policy Framework - Chapter 7

• National Planning Practice Guidance - Ensuring the vitality of town centres section

Development Plan:

Newcastle and Gateshead

Core Strategy Policies CS6, CS7 and UC1

Newcastle

Unitary Development Plan Policies R1 and R1.2

Gateshead

Unitary Development Plan Policies RCL5 and RCL6

South Tyneside

Core Strategy Policies SC1 and SC2

Development Management Policies DM2 and DM3

Area Action Plan Policies SS7-SS9, J4, J6 and J7, H4, H5 and H6

Site Specific Allocations Policies SA5 and SA6

North Tyneside

Local Plan (2017) S3.1, S3.2, S3.3, DM3.4, DM3.5, DM3.6

29.

Transport Assessments / Statements, and Travel Plans

When is this required?

For new development, changes of use and alterations to existing buildings, the transportation and

accessibility outcomes of development needs to be set out as part of a planning application. This

information is used to assess the suitability of the development and to ensure it is in accordance

with policy and other related guidance.

Where a development is likely to have significant transportation implications, a Transport

Assessment (TA) and Travel Plan (TP) should be prepared. In some instances, The TA may be

downgraded to a Transport Statement (TS). These documents are used to determine whether the

impact of the development is acceptable, in highways and transportation terms.

Pre-application advice in terms of the need for a TA, TS or TP should be sought from the relevant

LPA / Local Highways Authority to avoid any delay in the determination of the application (see

above paragraphs under the heading: v) ‘Pre-application Advice’).

Transport Assessment (TA): A comprehensive and systematic process that sets out transport

issues relating to a proposed development. It should quantify the travel characteristics of the

development by all modes or travel, the resulting impact on transport infrastructure and identify

what measures will be required to improve accessibility and safety for all modes of travel,

particularly for alternatives to the car such as walking, cycling and public transport and what

measures will need to be taken to deal with the anticipated transport impacts of the development.

 

Pre-application scoping is key if a TA is to prove acceptable to the relevant highway authorities

(not simply that of the authority within which the proposed development is located but also

neighbouring authorities and Highways England, where there exits the potential for an impact to

be apparent at the Strategic Road Network, as represented by trunk roads and motorways).

Scoping should comprehensively set out all methodologies, input and data by which the

development’s trip-making at the supporting transport networks is to be established. In the

absence of comprehensive and agreed scoping there is the risk that re-visitation will be required

before an application’s transport impacts and any associated mitigation across all modes are

agreed, thereby delaying an application’s determination and increasing an applicant’s costs.

TAs are to be fully supported by evidence with all data referred to and referenced provided in full.

Transport Statement (TS): A simplified version of a transport assessment where it is agreed the

transport issues arising out of development proposals are limited and a full transport assessment

is not required. However, the same comments regarding scoping and provision of supporting

evidence noted above in relation to TAs equally apply to TSs.

Travel Plan

(TP): A travel plan is a long term management strategy which encourages

sustainable travel for new and existing developments. It sets out transport impacts, establishes

targets and identifies a package of measures to encourage sustainable travel. There are a

number of types of travel plan:

  •  Full Travel Plan;
  •  Interim Travel Plan;
  •  Framework Travel Plan;
  •  Travel Plan Statement;
  •  Area Wide Travel Plan (for a defined geographic area).

The type and scale of development together with locality will normally determine the requirement

for a TS or TA. A TP would be expected to be prepared and submitted alongside both of these

reports.

The table at the end of this chapter provides indicative thresholds for when a TS or TA and TP are

required. These thresholds are for guidance purposes only, for full requirements on all

applications advice should be sought from the appropriate Local Planning Authority.

 

Scope of reports

In general terms each Local Authority will expect to see the following information provided within

transport submissions;

Please refer to the table on page 48 of the validation pdf.

 

Outside of the above, matters that will need to be taken into consideration for all developments

include; site access, construction phases, existing parking pressures, road safety, local committed

development and the proposed number of parking spaces.

On the basis that the wording modifications suggested above are incorporated: where the need for

highway mitigation works are identified as necessary at the Strategic Road Network these must

comply with all aspects of Design Manual for Roads and Bridges, with Stage 1 Road Safety Audit

in accordance with GG 119 and Walking, Cycling & Horse-riding Assessment and in accordance

with HD 42/17 for both outline and detailed applications.

For significant developments within Tyne and Wear, the Passenger Transport Executive NEXUS

should also be contacted to ensure that development can be appropriately served by public

transport. When this is not the case the Applicant is expected to work with Nexus and the Local

Highway Authority to resolve any issues.

Monitoring

To ensure compliance with the Travel Plan, the Local Authority may also ask for a bond or a

monitoring fee to ensure that the targets defined within the Plan are either met or exceeded.

The Tyne and Wear Local Authorities use two systems to record and monitor Travel Plans within

the area and unless expressly agreed by a Local Authority the following tools will be used, for

creating and monitoring Travel Plans;

For Local Authority managed schools;

https://www.modeshiftstars.org/

For Residential and Workplace Travel Plans;

https://gosmartertravelplanning.co.uk

The above is not exhaustive and to avoid abortive work, please seek pre-application advice from

the Local Planning Authority for definitive advice on the scope of the transport requirements.

Parking and servicing requirements

Parking and servicing issues must be considered as a fundamental part of any scheme. Car

parking provision needs to be at an appropriate level to cater for both the development and any

visitors to the development, whilst taking into account; development location, local circumstances,

public transport availability, sustainability, impact on residential amenity, and highway safety.

Servicing requirements also need to be fully considered so they are not of danger or

inconvenience. This information can be combined within the Transport Assessment or Transport

Statement or provided as a supporting document.

Information that may be sought includes:

 Setting out the rationale for the approach to parking provision (car, cycle, disabled and

motorcycle provision);

  •  Car parking accumulation information;
  •  Car parking layout plan;
  •  Cycle parking layout plan;
  •  Servicing plan covering deliveries, refuse collection and taxi pick up and drop off (AutoTracks may be required in some instances);
  •  Parking and servicing management plan;
  •  Existing and proposed Traffic Regulation Orders Plan for a defined area;
  •  Details of Car Club and Electric Charging Point Facilities.

Applications for those changes of use to apartments and HIMOs which claim they are for social

housing requiring lower levels of parking provision will need to be supported with suitable

evidence.

Existing Highways and Public Rights of Way

Some new developments will necessitate the need for works and changes to the local highway

network and/or to public rights of way. In order to understand the impact of the development the

proposed changes will need to be set out on a plan and include any areas of Highway to be

stopped up. The amount of information provided will be appropriate to the type and scale of

development.

New Highways

Proposed new development may necessitate the creation of new highways that can be identified

for future adoption by the Highways Authority. In order to understand the impact of the proposed

development any future highway that may be adopted needs to be detailed on an appropriate

plan.

If the highways within the development do not fulfil the requirements for future adoption by the

Highway Authority then a Management and Maintenance of Estate Streets plan will be required

and may be secured in a S106 Agreement for the highways to remain privately maintained.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

This section briefly outlines some of the local and national planning policies that should be referred

to when developing the relevant TS, TA or TP.

Government policy or guidance:

National Planning Policy Framework - Chapter 9 Promoting Sustainable Travel

National Planning Practice Guidance

- Travel plans, transport assessments and statements

section.

Development Plan:

Newcastle and Gateshead

Core Strategy Policies CS13 and CS16

Newcastle

Unitary Development Plan Policies T2, T4.5, T5.3, T7.1 and T7.2

Gateshead

Unitary Development Plan Policy T1

 

South Tyneside

Core Strategy Policies ST2 and A1

Development Management Policy DM1

Area Action Plan Policies SS3, J3 and H3

Site Specific Allocations Policy SA2

Supplementary Planning Documents 6 (Parking Standards) and 7 (Travel Plans)

North Tyneside

Local Plan (2017 S7.3, DM7.4

LDD12

Area specific requirements and further information:

 Tyne & Wear Local Transport Plan - https://northeastca.gov.uk/what-we-do/transport/

Transport Thresholds

Please refer to the table on page 51/52/53 of the validation checklist pdf.

 

 

30.

Tree Survey and/or Statement of Arboricultural Implications of Development

What information is required?

Planning applications must be assessed having had regard to the impact of the development upon

its site and surroundings. Trees and other established landscape features are important to our

environment but they are vulnerable to damage during construction work i.e. impact damage, or

root damage due to excavation work and ground compaction due to plant/material storage.

Requests to remove existing soft landscaping may also arise, due to overshadowing problems

associated with new development, if sufficient space is not set aside for future growth.

Where trees are present on site, or where the canopies of trees on adjacent land overhang the

application site, the planning application must therefore be submitted with sufficient information to

demonstrate that; i) Sufficient space would be left to enable the tree to grow without detriment to

the future occupiers of the development, and ii) To ensure that the construction phase of the

development may be carried out without harming the trees.

Trees/soft landscaping located close to a proposed development and certainly within falling

distance must therefore be accurately shown on a scaled plan with the following information:

Species; height in metres; stem diameter in metres at 1.5 metres above adjacent ground

level or immediately above the roof flare for multi-stemmed trees; branch spread in metres

taken at north, south, east and west points; height in metres of the lowest part of the

canopy above ground level.

However, the following details will also be required where a tree is protected by a Tree

Preservation Order or where the site is located in a Conservation Area:

Age class (young, middle aged, mature, over-mature, veteran); physiological condition (e.g.

good, fair, poor, dead); structural condition (e.g. collapsing, the presence of any decay and

physical defect); preliminary management recommendations, including further investigation

of suspected defects that require more detailed assessment and potential for wildlife

habitat; estimated remaining contribution in years (e.g. less than 10, 10-20, 20-40, more

than 40); category grading (see BS5837: 2012 Trees in Relation to Construction -

Recommendations).

For all development proposals, it should be clearly identified which trees are to be felled, together

with the reasons for removing those trees. Where trees are shown as to be retained, the means of

 

protecting those trees during construction works will need to be specified. A suitably qualified and

experienced arboriculturalist should prepare this information in accordance with BS 5837: 2012.

This should include a tree survey, Tree Constraint Plan (TCP), Aboricultural Implications

Assessment (AIA) and where appropriate an Aboricultural Method Statement (AMS) with a Tree

Protection Plan.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

National Planning Policy Framework - Chapters 2 and 15

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS18

Newcastle

Unitary Development Plan Policies EN3 and EN3.2

Gateshead

Unitary Development Plan Policies ENV7 (d) and ENV44

South Tyneside

Core Strategy Policy EA1

Development Management Policy DM1

North Tyneside

Local Plan (2017) DM5.9

Area specific requirements and further information:

• Paragraph 4.2.4 of BS 5837: 2012 ‘Trees in relation to construction - Recommendations’,

offers advice on how to identify trees on adjacent land that could influence the development;

• Sections 4 to 6 of BS 5837: 2012 contain detailed guidance on survey information and plans

that should be provided. Using the methodology set out in the Standard should help to ensure

that development is suitably integrated with trees and that potential conflicts are avoided;

• Sections 7 to 12 of BS 5837: 2012 contain detailed guidance on protecting trees that are to be

retained both within and outside the proposed site that could be affected by the development.

31.

Ventilation / Extraction Details

When is this required?

Planning applications where ventilation or extraction equipment is to be installed, including those

for the sale or preparation of cooked food, launderettes, and significant retail, business, industrial

or leisure developments.

Where a hot food takeaway or restaurant or pub is proposed close to an existing residential

property, details of extraction facilities will normally be required for validation purposes

 

What information is required?

Details of the position and design of ventilation and extraction equipment. This may include

technical specification including an acoustic assessment of the extraction system, noise mitigation

measures and odour abatement techniques where required. Elevation drawings showing the size,

location and external appearance of plant and equipment will also be required, drawn to a scale of

1:50 or 1:100 (in line with requirement 8).

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Government policy or guidance:

 National Planning Policy Framework - Chapters 7, 8 and 15

 National Planning Practice Guidance - Noise section

 Guidance on the Control of Odour & Noise from Commercial Kitchen Exhaust Systems

(DEFRA): http://www.defra.gov.uk/publications/2011/03/25/odour-noise-kitchen-exhaust-

pb10527/

 Local Exhaust Ventilation (LEV) workplace fume and dust extraction (Health and Safety

Executive): http://www.hse.gov.uk/lev/

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS14

Newcastle

Unitary Development Plan Policies H2 and POL7

Hot Food Takeaway Supplementary Planning Document (October 2016)

https://www.newcastle.gov.uk/planning-and-buildings/planning-policy/supplementary-planning-

documents/hot-food-takeaways-spd-0

Gateshead

Unitary Development Plan Policies DC2 (a) and (b) and ENV3

Supplementary Planning Document - Hot food takeaways

South Tyneside

Development Management Policies DM1 and DM3

Supplementary Planning Document 22 Hot Food Takeaways and Health

https://www.southtyneside.gov.uk/article/36021/Supplementary-Planning-Documents

North Tyneside

Local Plan (2017) DM3.7, DM5.19

 

32 Sunlight/Daylight/Microclimate Assessment

When is this required?

a)

When a proposed development is in close proximity to the windows of habitable rooms of

an existing residential development and is likely to significantly affect the sunlight and/or

daylight levels to those windows;

b)

When a proposed residential development, because of its proximity to either existing

buildings or other proposed buildings within the development, is likely to receive low levels

of sunlight and/or daylight to habitable rooms;

c)

When the scale and form of a development is likely to result in significant shadowing

impacts upon neighbouring properties or land;

d)

When the scale of the development proposed would result in micro-climatic conditions that

could result in wind levels affecting pedestrian and vehicle movement outside of the

building.

Please note that these requirements will normally only apply when developments propose

buildings in close proximity to each other or where tall buildings are proposed. You should seek

advice from your Local Planning Authority in advance, normally through the pre-application

process, as to when these studies will be a validation requirement. These assessments may also

form part of a Design and Access Statement (see section 7).

Please note: This section is not a validation requirement in South Tyneside.

What information is required?

The assessment should be carried out in accordance with the British Research Establishment

document Site Layout Planning for Daylight and Sunlight - A guide to Good Practice 2nd edition.

Daylight, vertical sky component, sunlight availability, average daylight factor and shadow studies

should be undertaken and assessed against the criteria set out in the BRE document.

Wind tunnel modelling will be required to assess the impact of new development will have on a

local wind environment and any consequential effects on pedestrian comfort and safety using the

Lawson criteria for comfort and safety.

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Development Plan:

Newcastle and Gateshead

Core Strategy Policy CS14

Newcastle

Unitary Development Plan Policy H2

Gateshead

Unitary Development Plan Policies DC2 (a and b) and ENV3

 

33 Community Infrastructure Levy (Gateshead, North Tyneside and Newcastle only)

Gateshead, North Tyneside and Newcastle operate a community infrastructure levy (CIL) on many

types of new development. The money raised is used to help pay for infrastructure needed as a

result of development, such as schools, green spaces and flood defences.

A CIL payment is only required for certain types of development in selected locations. Further

details as to the types of development, the areas where a charge applies and charge level are

available on the respective council websites.

Additional information is required to determine whether a charge is due and to determine the

amount. Applicants are therefore required to answer additional questions to enable the Council to

calculate your levy liability. The information required is: How much floorspace (in square metres)

are proposed; and has a building or a part of a building, on the site been in use for a continuous

period of at least six months within the past 3 years? What use(s) has it been in? How much gross

internal floorspace of this building do you intend to demolish or change the use?

A Planning Application Additional Information Requirement Form is required to be competed for all

relevant applications in Gateshead, North Tyneside and Newcastle to calculate CIL liability. Use

this link to the government’s Planning Portal webpage to find out more information about CIL:

https://www.planningportal.co.uk/info/200126/applications/70/community_infrastructure_levy

Data Protection: For any supporting documents, we prefer these with signatures already

redacted or provided in a typed form i.e. without any signatures.

Policy Background

Development Plan:

Newcastle and Gateshead

Core Strategy Policy DEL1

Newcastle City Council’s Community Infrastructure Guidance:

https://www.newcastle.gov.uk/planning-and-buildings/planning-and-development/planning-

guidance/community-infrastructure-levy

Gateshead Council’s Community Infrastructure Guidance:

https://www.gateshead.gov.uk/article/2972/Gateshead-Community-Infrastructure-Levy

North Tyneside Council’s Community Infrastructure Guidance:

http://my.northtyneside.gov.uk/category/1157/community-infrastructure-levy-cil

 

Appendix 2

The Validation Checklists

Checklist 1: Full Applications

Checklist 2: Outline Applications & Reserved Matters Submissions

Checklist 3: Listed Building Consent & Planning Permission for Relevant Demolition in a

Conservation Area

Checklist 4: Advertisement Consent

Checklist 5: Householder Applications

 

Please refer to the tables in the validation checklist pdf, from page 59 onwards, for these tables.

 

 

Checklist 6. Non-material and Minor-material Amendments

Issues can arise after planning permission has been granted and in such circumstances an

applicant may need to seek to modify or vary the approved plans or details. If these modifications

are fundamental, a new planning application under Section 70 of the Town and Country Planning

Act 1990 would need to be submitted.

When less substantial changes are proposed a minor material or non-material amendment could

be sought. Such provisions do not however cover Listed Building Consents and a new

application for Listed Building Consent will be required.

Section 96A of the Town and Country Planning Act 1990, enables the submission of applications

for non-material changes to existing planning permissions, without requiring the submission of a

new planning application. Section 73 of the Act allows a new permission to be issued where the

change to the approved development represents a Minor-material amendment.

Such applications must be made by completing the correct form, which are available on the

Planning Portal website. The extent and nature of the proposed amendment must be clearly

identified on the plans and drawings accompanying the application form. This can be done by

either including sets of both the original and amended drawings, or by superimposing the

proposed amendment on those originally approved. Full specification of materials, colours,

sections must be included where appropriate.

If the extent and nature of the minor amendment cannot easily be identified from the submitted

material the application will not be made valid until further information or clarification have been

received.

There are strict rules in terms of what may be accepted as a non-material amendment and

applicants are therefore encouraged to read the Non-material Amendment Protocol which is

available on-line before submitting an application here

 

 

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