The complexities of planning rules

Submitting a planning application today is far more complex than it was only a few years ago, writes Julie Liddle, of H&H Bowe.

Where a planning application form and a rough sketch drawing of the proposal were once sufficient, they would now be returned to you forthwith! Since the Planning & Compulsory Purchase Act 2004 came into being, there are many more requirements.

Although planning applications have all been standardised so that every local authority now uses the same application form called a 1APP, the list of associated details some of which are a prerequisite to your application and some others which may be requested by the authority, is extensive.

Detailed below are a few selected items from a long list of requirements which may be requested by a planning authority.

• The 1APP which must be completed along with your Certificates of Ownership. These can then be submitted online.

• The new Planning Act has a requirement for increased public involvement. Where a single line description of your proposal once satisfied the authority, you must now produce a Design & Access statement covering context, amount, layout, scale, landscape, appearance and access. Photographs and photomontages will be of assistance in your statement.

• Accurate location, block and elevation plans must be scaled to set requirements and numbered to correspond to the 1APP form and other submissions.   You may also include details of any discussions which have taken place with any professional bodies such as the Highways Authority or Environment Agency, or with your neighbours.

• If your application is for a stock building with slurry facilities, a Farm Waste Management Plan covering your whole holding may be required. If the application is for a dwelling, the method of sewage disposal must be stated. A percolation test, carried out to a British Standard, is the minimum requirement to be submitted with your application. Some authorities also require a Discharge Consent Certificate from the Environment Agency.

• A Flood Risk Assessment is a statement of the likelihood of flood risk based on data held by the Environment Agency. The detail in this will be determined by the proximity of your site to areas that flood. Carrying out an assessment is primarily a desk top exercise using Environment Agency data.

• Historical information may be required especially if the proposed site is known to be within an area of archaeological interest. Investigation and a report by the County Archaeologist will be required.

• Applications to convert a Listed Building will require Listed Building Consent. Buildings within a Conservation Area may be subject to development restrictions. The authority must consider all of the archaeological points, history and character of a building.  The principle of development and justification for the proposal will be assessed against the impact of the special character of the building.

• A Noise Impact Assessment will be required if the proposal is for an industrial type use within a building, existing or otherwise. This is a requirement of many farm diversification schemes.

This list is by no means exhaustive. What it does show is that submitting a planning application is nothing like it was in the 'good old days.' H&H Bowe havs a growing planning division, providing advice and assistance in all areas of making a planning application. If you are considering an application or are in the process of preparing an application and would like assistance or advice, please call Julie Liddle at H&H Bowe on 01228 640 920.

<<back