DEVELOPMENT CONTROL ADVICE NOTE 1 How do I prepare my planning application?
1. This is one of a series of advice notes to help our customers use the Development Control Service in Tower Hamlets. The service is responsible for the determination of planning applications and the enforcement of the planning regulations. This advice note explains how to prepare your proposals so that your planning application has the best chance of success. It contains information on planning policy, design issues, what plans you need to prepare and what forms and other documents you need to submit. We hope you find this advice note helpful. Other leaflets about our service are available from our reception (Tower Hamlets Town Hall, Anchorage House, 2 Clove Crescent, London E14 2BG) or our web site (www.towerhamlets.gov.uk). If you need further advice, please phone (020) 7364 5009 or call into our reception between 9am and 5pm Monday to Friday (the offices are closed on Bank and Public Holidays). A duty planning officer is available for general planning advice between 9am and 5pm Monday to Friday either by phone or in our reception. INTRODUCTION 4. Before making your planning application you need to make sure you are making the right type of submission. We strongly encourage all applicants to get advice from us before making an application. Our advice note “Pre-application advice for developers” will inform you about the range of consents that you may need (not just from the Council) and explain the pre-application advice services that are available. This is a valuable process because it can identify improvements needed to a scheme before it is submitted to us and can deter applications with little or no prospect of success In this note we cover some of the main planning policy and design considerations you will need to address before developing your proposals, as well as detailed advice about the plans and drawings you need to prepare and the forms and other documents you need to submit with your application. PLANNING POLICY 6. If your proposals require planning permission, it is worth considering a few issues before drawing up your plans. Planning law requires that we should determine planning applications in accordance with the development plan unless material considerations indicate otherwise. The Development Plan 7. The development plan is the London Plan prepared by the Mayor of London and Development Plan Documents prepared by the London Borough of Tower Hamlets. Policies fall into two basic categories: • Site specific issues: the allocation of an area of land for particular uses, the need for highway improvements in relation to the development of particular sites etc. • Issue related policies: design standards, requirements for amenity or public open space, carparking etc.
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It is therefore in your interest to look at what the development plan has to say about your proposal. The Plan can be viewed on our web site (www.towerhamlets.gov.uk). Informal advice is available from the duty planning officer. Material considerations
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What are the other material considerations that may be taken into account? The courts have defined this, but they have drawn this area of the law rather widely: a material planning consideration is one that is concerned about those impacts on people that relate to the use and development of land. This is a broad definition and brings a very wide range of issues within the planning umbrella. When determining a planning application not all the issues will be of the same importance. In coming to a decision, choices have to be made and some factors will be more important than others. It is our job, as the local planning authority, to decide which planning factors have greater importance in coming to a decision. In making these choices, the guiding principle will be the public interest. Informal advice on such issues can be sought from the duty planning officer, but due to the subjective nature of these choices, definitive advice is often difficult to give. In most cases it is possible to advise on whether a factor is material to planning and what weight it usually receives in the decision making process. Do not forget however, it is what the development plan has to say about your proposal that is the starting point and the determining factor, unless material considerations indicate otherwise. DESIGN CONSIDERATIONS
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Everybody’s taste varies and different styles will suit different types of property. Nevertheless, a well-designed building or extension is likely to be much more attractive to you and to your neighbours. It will also add more value to your property if you sell it. It is therefore worth thinking carefully about how your property will look when work is finished. It is impossible to give a single definition of good design in this context; there may be many ways of producing a good result. You should consider using a suitably qualified, skilled and experienced designer, such as an architect. Design and access statements
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Design and access statements (DAS) are required to be submitted with all planning applications except householder, change of use and engineering and mining operations. They are also required to accompany applications for listed building consent. The DAS should address: - the use - the amount, - layout, - scale, - landscaping - appearance aspects of the proposed development. Consequently, any DAS should include sections on these matters. Furthermore, the statement needs to include two potential aspects of access. These include Vehicular and transport links - Why the access points and routes have been chosen, and how the site responds to road layout and public transport provision. Inclusive access - How everyone can get to and move through the place on equal terms regardless of age, disability, ethnicity or social grouping.
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A DAS must demonstrate the steps taken to appraise the context of the development and how the design of the development considers that context in relation to its proposed use. The purpose of DAS is to explain how you have considered the proposal and to ensure that you understand what is appropriate and feasible for the site in its local context. To this end, the Council would expect a DAS to include, as well as the points noted in paragraphs 13:
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An amenity and playspace assessment should such space be proposed. An energy statement to ensure the design is sustainable and reflects the need to make the most effective use of land, reduce CO2 and other emissions, minimise energy use, increase the proportion of energy generated from renewable sources and use sustainable materials. Refuse details. A views assessment, where the proposal has an impact on the local streetscape. A secure by design statement, as required by policy DEV4 of the Interim Planning Guidance, which seeks to ensure safety and security of development is ensured, without compromising good design and inclusive environments. A lifetime homes standards statement to ensure homes are designed to provide accessible and convenient homes for young and old alike. A wheelchair accessible statement showing that 10% of new homes are built to meet the standards set out in the second edition of the Wheelchair Housing Design Guide by Stephen Thorpe, Habinteg Housing Association 2006.
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A DAS should be prepared at the start of the development process and should evolve as the scheme is refined. The DAS is required to explain and justify the decisions made on the scheme and therefore it should not be written at the end as an afterthought. Early drafts will be useful to assist pre-application discussions. CABE (Commission for Architecture and the Built Environment, the government's advisor on architecture, urban design and public space) has produced a detailed guidance note on preparing DAS called ”Design and access statements: how to write, read and use them” available from www.cabe.org.uk. Design guidance
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We have prepared a suite of leaflets to guide you in developing your proposals. One explains the new development plan system of Local Development Frameworks and another gives advice on preparing DAS. Others include: • • • • • • • • Conservation areas and listed buildings Shopfronts and roller shutter grilles Extensions and roof additions Signs and advertisements Designing out crime Trees Lighting (in preparation, available 2008) Accessibility (in preparation, available 2008)
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They are available from our reception or our web site (see the beginning of this note for details). PREPARING YOUR PLANS AND DRAWINGS
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The plans and drawings that describe your proposal should be comprehensive, accurate and unambiguous. It is much easier to achieve this if they are drawn to scale, rather than dimensioned. The plans serve a number of different purposes. They are placed on what is called the statutory register, so that members of the public can inspect them. Draw up your plans with this in mind. The test is not whether a planning case officer can work out on the site what is proposed, but whether the details would allow an ordinary individual to understand what is intended, and to judge whether, for example, it would affect them. The following will usually be required: Site location plan
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All applications require an Ordnance Survey based site plan, usually at a scale of 1:1250, clearly showing the boundary of the land outlined in red and any adjoining land that the applicant owns outlined in blue. The site area red line should go around what is called the planning unit. This is all
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the land that is owned, or occupied, for a single purpose. For example, in a proposal for an extension to a factory it would be the whole site, including parking/turning areas, buildings, external storage etc and would be the whole of the residential plot in an application for an extension to a house. Block plan 21. Applications that involve building or engineering works need a plan at an appropriate scale, usually 1:200 or 1:500, showing the boundaries of the site and all existing and proposed buildings, structures, hard surfaces etc within it. Please make sure that you include: • • • • • • 22. Any existing or proposed vehicular or pedestrian access(es) to the site. Any public rights of way within the site. Vehicle parking within the site (including cycles) and provision for loading/unloading. Provision for access to any building and parking for disabled people. Arrangements for refuse storage, including separate storage of recyclable waste. The position, species and spread of any existing trees (show as accurately as possible), the condition of such trees and state which, if any, are to be felled.
Applications for changes of use, which do not involve building or engineering works, should still include a block plan to show access and parking arrangements. Detailed plans
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Applications that involve building works require: • Plans of the existing and proposed floors of the building at an appropriate scale, usually 1:50 or 1:100, and indicate which parts of the building are to be used for which purpose. • Existing and proposed drawings of all sides of the exterior of the building/structure at an appropriate scale, usually 1:50 or 1:100. Please make sure you include the make, type and colour of external materials (walls, roofs, windows, doors, rainwater goods etc).
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Applications that involve engineering works require plans of those works (existing and proposed if necessary) at an appropriate scale, usually 1:50 or 1:100. Applications for changes of use should include plans of the existing and proposed floors of the building at an appropriate scale, usually 1:50 or 1:100, and you should indicate which parts of the building are to be used for which purpose. MAKING YOUR APPLICATION
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On 6 April 2008, the requirements for what you need to submit with a planning application changed. A national planning application form known as 1APP became the only way to make a planning application in England. In addition to the form, there is a national list of requirements that you must submit. There is also a national list of local requirements from which we have chosen a list of requirements that you must also submit. If any of these requirements are missing, and we consider that they are needed, your application will be invalid and we cannot process it. This advice note contains details of these requirements and advice on when they are required. In addition to the national and local statutory lists, there are additional local requirements that we may recommend that you submit with your application. If you fail to submit them but your application is otherwise valid, we have to process your application. We will not accept the late submission of documents that should have been submitted with the application. Your application may therefore be refused because of the lack of information that is required by us. It is therefore important to submit all the information that we require at the beginning of the process. This advice note also contains details of these additional local requirements.
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The 1APP form 28. The national form is designed to be completed on-line over the Internet, either through www.planningportal.gov.uk or www.towerhamlets.gov.uk. You can also obtain a paper copy from our reception (see the beginning of this note for details). The standard application form is available for the following types of application: • • • • • • • • • • • • • • 29. Householder application Application for planning permission Application for outline planning permission Application for conservation area consent Application for listed building consent Application for consent to display an advertisement(s) Application for a Lawful Development Certificate (existing) Application for a Lawful Development Certificate (proposed) Application for prior notification (telecommunications) Application for prior notification (demolition) Application for approval of reserved matters following outline approval Application for removal or variation of a condition following planning permission Application for approval of details reserved by a condition Application for tree works (works to trees subject to a Tree Preservation Order or notification of proposed works to trees in conservation areas)
Forms for combinations of different application types (such as, an application for listed building and advertisement consent) are available, but for the sake of clarity, this guidance note refers to the main application types only. We have also excluded reference to applications for agricultural or mineral development, as these are unlikely to be made in Tower Hamlets. Information supporting planning applications
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The different kinds of application will require different levels and types of information and supporting documentation, depending on their nature and scale. The national set of statutory requirements includes, where applicable, the following: • • • • • • • Completed form Site location plan Other plans Ownership certificate (A, B, C or D) and Notice 1 or 2 as appropriate Agricultural holdings certificate Design and access statement Appropriate fee
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The table below represents a summary of the statutory national list of requirements. Please see the relevant 1APP form for full details of what is required for each application type. The statutory local and additional local lists of requirements are also set out in this advice note. The table overleaf indicates what is potentially required for the different application types. Guidance on when each document will be required and what it should contain follows the table. Environmental impact statement
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The Town and Country Planning (Environmental Impact Assessment) Regulations (1999) as amended set out the circumstances in which an Environmental Impact Assessment (EIA) is required. Where EIA is required, an Environmental Statement in the form set out in Schedule 4 to the regulations must be provided. If an EIA is required for an application, many of the local PAR
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documents will be included within the Environmental Statement and will therefore not have to be provided separately. 35. Where EIA is not required, the local planning authority may still require the submission of environmental information. An applicant may request a “screening opinion” to determine whether EIA is required from the planning authority before submitting the application. If EIA is not required, we will advise you what environmental information will be required to accompany your application.
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LOCAL LIST OF PLANNING APPLICATION REQUIREMENTS
Advertisement consent Listed building consent Lawful Development Certificate (proposed) Application for outline planning permission Approval of reserved matters Removal or variation of a condition Lawful Development Certificate (existing)
Application for planning permission
Conservation area consent
Application types ►
Householder application
Tree works (including TPO consent)
Prior notification (telecommunications)
Approval of condition details
List of documents ▼
The statutory national list (see appropriate 1APP application form for more details) Completed form Site location plan Other plans/information Ownership certificate & Notice Agricultural holdings certificate Design and access statement Appropriate fee The statutory local list (see below for advice on circumstances when documents are needed) Affordable housing statement Air quality assessment Biodiversity survey and report Daylight/sunlight assessment Socio-economic assessment Environmental Statement Flood risk assessment Utilities statement (including drainage) Heritage statement Land contamination assessment Landscaping details Lighting assessment Noise and vibration impact assessment Open space assessment Photographs and photomontages Planning obligations (draft) Planning statement Site waste management plan Community involvement statement Telecoms – supplementary information Town centre uses (impact assessment) Town centre uses (policy tests assessment) Transport assessment Travel plan (draft) Tree survey/arboricultural implications Ventilation/extraction statement The additional local list (see below for advice on circumstances when documents are needed) Amenity / playspace assessment Aviation impact assessment Code of construction practice Employment statement Energy efficiency statement Lifetime Homes statement Microclimate: wind assessment Regeneration statement Refuse disposal details
M L S E M O H S All To S S M Hs G G 2729 G 3440 B2 M& T 46 N O All M P M S& T T R R M M A A3 All All All All All P All
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Threshold When required
Prior notification (demolition)
Secure by design statement Sustainability appraisal TV & radio-reception impact assessment Wheelchair accessibility statement Views assessment
M S H W O G
KEY A A3 E G Any application where trees are affected. All applications for Class A3, A4 and A5 uses. Applications that result in a loss of employment floorspace. GLA referable applications of 150 or more residential units, 2500sqm or more of commercial floorspace or a building over 25m in height adjacent to the River Thames or 30m elsewhere in the Borough. Any building over 15m in height. Any householder application that results in an extension more than 4m in height and within 2m of the boundary of the site. Applications in the London City Airport corridor. Applications for 10 or more residential units or more than 1000 sqm of floorspace. Applications that raise issues of disturbance (e.g. noisy uses) or are considered a noise sensitive development (e.g. housing), in what are considered noise sensitive areas (e.g. sites adjacent to major roads, railway lines etc). Applications for 6 or more residential units or more than 1000sqm of floorspace. All applications except householder, change of use or mineral and engineering applications. Retail and leisure developments over 2500 sqm in gross floorspace. Applications containing 50 or more residential units or 5000sqm of commercial accommodation. Telecommunications applications. Applications for 10 or more residential units. Any application proposing less than 35% affordable housing. Any application for a public building or for 6 or more residential units or more than 1000sqm of floorspace.
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27-29 See relevant paragraph for details. 34-40 45 B2 Sites previously used for general and light industrial purposes (Classes B2 and B1(c))
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GUIDANCE ON STATUTORY LOCAL LIST OF PLANNING APPLICATION REQUIREMENTS 1. The list set out below comprises the statutory additional information that we may require to validate an application. However, in the circumstances of a particular application, we may require further assessments, statements etc and it is recommended that you check this before you submit your application. In addition, the scope and degree of detail necessary in any assessment, statement etc will vary according to particular circumstances of each application. Applicants are advised to discuss proposals with us before any application is made. If we have to request additional information during the determination process, you will have to submit it within a strict timescale. If you fail to do so, the application may be refused on the grounds of inadequate information. This would also be the case if the documentation originally submitted were subsequently found to be inadequate. Affordable housing statement 3. Where development plan policies or supplementary planning document guidance requires the provision of affordable housing, the local planning authority may require information concerning both the affordable housing and any market housing. This will include the numbers of residential units, the mix of units with numbers of habitable rooms and/or bedrooms, or the floor space of habitable areas of residential units; plans showing the location of units and their number of habitable rooms and/or bedrooms, and/or the floor space of the units. If different levels or types of affordability or tenure are proposed for different units this should be clearly and fully explained. The affordable housing statement should also include details of any Registered Social Landlords acting as partners in the development. Such a statement is normally required for any planning or outline application containing 10 or more residential units. Any application that proposes less than 35% affordable housing provision or a Section 106 package that does not meet the Council's requirements should be accompanied by a Three Dragons toolkit. Further details on the toolkit can be found at: http://www.london.gov.uk/mayor/planning/aff-housing/index.jsp 6. The toolkit is a CD-ROM computer model operating on Excel, which assists a financial appraisal of residential development options that have a potential for incorporating an element of affordable housing. It has been developed by Three Dragons Consultancy and Nottingham Trent University for the GLA and the Housing Corporation. It is used by the Mayor, London boroughs and the Housing Corporation to assist in appraising the viability of residential development schemes, the percentage of affordable housing provided and whether any social housing grant is required to contribute to this output. Air quality assessment 7. Where: The development is proposed inside or adjacent to an air quality management area (AQMA), The development could in itself result in the designation of an AQMA or; The grant of planning permission would conflict with, or render unworkable, elements of a local authority’s air quality action plan;
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applications should be supported by such information as is necessary to allow a full consideration of the impact of the proposal on the air quality of the area. 8. Such a statement is normally required for any planning or outline application containing 50 or more residential units or 5000sqm of office or retail accommodation.
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Further advice is available in Planning Policy Statement 23: Planning and Pollution Control (November 2004). Biodiversity survey and report
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Where a proposed development may have possible impacts on wildlife and biodiversity, information should be provided on existing biodiversity interests and possible impacts on them to allow full consideration of those impacts. Where proposals are made for mitigation and/or compensation measures, information to support those proposals will be needed. Where appropriate, accompanying plans should indicate any significant wildlife habitats or features and the location of habitats of any species protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats etc) Regulations 1994 or the Protection of Badgers Act 1992. Certain proposals, which include work such as the demolition of older buildings or roof spaces, removal of trees, scrub, hedgerows or alterations to watercourses, may affect protected species and will need to provide information on them, any potential impacts for them and any mitigation proposals for such impacts. Such a statement is normally required for any planning or outline application containing 50 or more residential units or 5000sqm of office or retail accommodation. Government planning policies for biodiversity are set out in Planning Policy Statement 9: Biodiversity and Geological Conservation (PPS9) (August 2005). A Government Circular accompanies PPS9: ODPM Circular 06/2005 Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System and Defra Circular 01/2005 Planning for Biodiversity and Geological Conservation: A Guide to Good Practice. NOTE: The British Standards Institute has produced a Publicly Available Standard, PAS 2010 Planning to Halt the Loss of Biodiversity, which takes the form of recommendations on standard procedures for taking account of biodiversity in the planning process. The Association of Local Government Ecologists has developed a good practice template (available from www.alge.org.uk) which gives detailed validation requirements for biodiversity and geological conservation. Daylight/sunlight assessment
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In circumstances where there is a potential adverse impact upon the current levels of sunlight/daylight enjoyed by adjoining properties or building(s), including associated gardens or amenity space applications may need to be accompanied by a daylight/sunlight assessment. Such a statement is normally required for any planning or outline application containing 10 or more residential units and in householder applications where the proposed extension is greater than 4m in height or within 2m of the boundary of the application site. Further guidance is provided in the BRE guidelines on daylight assessments; Site layout planning for daylight and sunlight: a guide to good practice. BRE Report 209, 1991. NOTE: Planning permission would not confer any immunity on those whose works infringe another’s property rights, and which might be subject to action under the Rights of Light Act 1959. Socio-economic assessment
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The London Plan requires a Social Impact Assessment to be carried out for development where significant social impacts are anticipated. There are two levels of assessment provided for depending on the scale of the proposal and the likely nature of potential impacts. For the majority of proposals, it is expected that any social impact will be adequately addressed by means of appropriate comments provided with the Design and Access Statement. A full Social Impact Assessment will only be required in the case of large schemes that are out of character with the existing urban context, involve an increased risk to public safety or are likely to threaten the existing sense of community identity and cohesiveness (eg a large retail complex, hospital, housing project, public transport facility). In these instances, an in-depth analysis of social impacts is required. It
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should be prepared by an experienced social impact practitioner and will usually require carefully planned community consultation. 19. Such a statement is normally required for any planning or outline applications containing 150 or more residential units, 2500sqm of commercial floorspace or a building over 25m in height adjacent to the River Thames or 30m elsewhere in the Borough. Environmental Statement 20. 21. Where proposals are likely to have significant effects upon the environment, it is necessary to provide an environmental statement (ES) with planning and outline applications. Normally, such a statement would not be required for any planning or outline applications containing less than 150 or more residential units, 2500sqm of commercial floorspace or a building below 25m in height adjacent to the River Thames or 30m elsewhere in the Borough. The following criteria will generally be applied in determining whether an ES is required: - Is the project a major scheme of more than local importance? - Is the project taking place in a particularly sensitive area (e.g. a conservation area) which would give rise, as a result, to significant effects on the environment? - Whether the proposal is likely to give rise to complex or adverse effects? 23. Because of the scale and nature of the proposal, you may consider at the outset that an ES will be necessary. You should discuss the scope of the assessment with the Council before writing your ES in order to ensure you cover all the issues the Council will consider necessary. Specialist advice may be necessary. A formal scoping opinion can be sought from the Council. If you are uncertain whether an ES is required, you should consult the Council informally, or write to them requesting a formal screening opinion on the issue. You should outline the proposal in sufficient detail for the Council Officers to decide on the matter. The planning department will advise you on the procedure. No fee is payable for an opinion concerning the need for an ES. You may appeal to the Secretary of State if you disagree with the Council’s view that an ES is required or if the Council fail to provide you with a formal determination within 3 weeks. There is a requirement that all ES’s should be written in a non-technical manner, so that the public may understand the findings. Flood risk assessment 27. At the planning application stage, an appropriate Flood Risk Assessment (FRA) will be required to demonstrate how flood risk from all sources of flooding to the development itself and flood risk to others will be managed now and in the future, taking climate change into account. Planning applications for development proposals of 1 hectare or greater in Flood Zone 1 and all proposals for new development located in Flood Zones 2 and 3 should be accompanied by a FRA. For major developments in Flood Zone 1, the FRA should identify opportunities to reduce the probability and consequences of flooding. The developer in consultation with the local planning authority should prepare the FRA. Planning Policy Statement 25: ‘Development and Flood Risk (December 2006) provides comprehensive guidance for both local planning authorities and applicants in relation to the undertaking of flood risk assessments and the responsibilities for controlling development where it may be directly affected by flooding or affect flooding elsewhere. Flood risk maps can be found on the Environment Agencies web site (www.environmentagency.gov.uk) and further information on floor risk issues can be found at:
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http://www.pipernetworking.com/floodrisk/index.html Utilities statement 30. A utilities statement should include how an application connects to existing utility infrastructure systems. Most new development requires connection to existing utility services, including electricity and gas supplies, telecommunications and water supply. Connection to foul and surface water drainage and disposal is also needed. The statement should include a description of the type, quantities and means of disposal of any trade waste or effluent. 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 arrangements need to be provided. This will include a location plan, cross sections / elevations and specification. If connection to any of the above requires crossing land that is not in the applicant’s ownership, other than on a public highway, then this land must be included within the application site and notice will need to be served on the owners of that land. Utilities statements should demonstrate: • that the availability of utility services has been examined and that the proposals would not result in undue stress on the delivery of those services to the wider community; • that proposals incorporate any utility company requirements for substations, telecommunications equipment or similar structures; and • that service routes have been planned to avoid as far as possible the potential for damage to trees and archaeological remains. 33. Normally, such a statement would only be required for any planning or outline applications containing 150 or more residential units, 2500sqm of commercial floorspace or a building over 25m in height adjacent to the River Thames or 30m elsewhere in the Borough. Heritage statement (including historical, archaeological features and scheduled ancient monuments) 34. For applications for listed building consent a written statement that: includes a schedule of works to the listed building(s), 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,
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may be required. A structural survey will be required in support of an application for listed building consent where the proposal involves substantial demolition. 35. For applications for conservation area consent, a written statement that includes: may be required. 36. For all applications either related to or impacting on the setting of heritage assets a written statement that includes: a structural survey, an analysis of the character and appearance of the building/structure, the principles of and justification for the proposed demolition and; its impact on the special character of the area
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may be required. 37. 38.
plans showing historic features that may exist on or adjacent to the application site including listed buildings and structures, historic parks and gardens, historic battlefields and scheduled ancient monuments an analysis of the significance of archaeology, history and character of the building/structure, the principles of and justification for the proposed works their impact on the special character of the listed building or structure, its setting and the setting of adjacent listed buildings
For all applications within or adjacent to a conservation area, an assessment of the impact of the development on the character and appearance of the area may be required. For all applications involving the disturbance of ground within an Area of Archaeological Potential as defined in the development plan or in other areas in the case of a major development proposal or significant infrastructure works, an applicant may need to commission an assessment of existing archaeological information and submit the results as part of the heritage statement. The scope and degree of detail necessary in a heritage statement will vary according to particular circumstances of each application. Applicants are advised to discuss proposals with either a planning officer or a conservation officer before any application is made. For heritage assets, advice is provided in Planning Policy Guidance Note 15 ‘Planning and the Historic Environment’, (September 1995) paragraphs 3.16 to 3.19 and 4.25 to 4.49. For archaeological remains, advice is provided in Planning Policy Guidance Note 16 ‘Archaeology and Planning’ (November 1990) section B, paragraphs 18 to 26. Land contamination assessment
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Applications may need to be accompanied by a land contamination assessment, which should include an assessment of contamination in line with Planning Policy Statement 23 ‘Planning and Pollution Control’ (November 2004). Where contamination is known or suspected or the proposed use would be particularly vulnerable, the applicant should provide such information with the application as is necessary to determine whether the proposed development can proceed. Planning and outline applications on sites previously used for general and light industrial purposes (Class B2 and B1(c)) would require such an assessment. Landscaping details
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Applications may be accompanied by landscaping details and include proposals for long-term maintenance and landscape management. Planning and outline applications for 10 or more residential units would normally require such details. Furthermore, applications for large advertisement hoardings not sited on buildings should consider whether landscaping of the site is needed. Applications for prior notification telecommunications applications should also consider whether landscaping could mitigate the impact of their apparatus. Lighting assessment
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Planning, outline or advertisement proposals involving the provision of publicly accessible developments, in the vicinity of residential property, a listed building or a conservation area where external lighting would be provided or made necessary by the development, should be required to be accompanied by details of external lighting and the proposed hours when the lighting would be switched on. These details shall include a layout plan with beam orientation and a schedule of the equipment in the design. The impact of illuminated adverts on such areas should also be assessed.
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NOTE: ‘Lighting in the countryside: Towards good practice (1997) (available from www.communities.gov.uk) is a valuable guide for local planning authorities, planners, highway engineers and members of the public. It demonstrates what can be done to lessen the effects of external lighting, including street lighting and security lighting. The advice is applicable in towns as well as the countryside. Noise and vibration impact assessment
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Planning and outline application proposals that raise issues of disturbance or are considered a noise sensitive development, in what are considered noise sensitive areas, should be supported by a noise and vibration impact assessment prepared by a suitably qualified acoustician. Sound insulation in residential and commercial developments need to be considered and included in the design of proposals so that any requirements under the building regulations are taken into account. The potential for noise nuisance from the cabinets relating to telecommunications apparatus should also be considered and assessed. Further guidance is provided in Planning Policy Guidance note 24: Planning and Noise (September 1994). Open space assessment
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Such assessments are normally required for outline and planning applications for 6 or more residential units or 1000sqm of floorspace. Planning consent is not normally given for development of existing open spaces which local communities need. For development within open spaces, application proposals should be accompanied by plans showing any areas of existing or proposed open space within or adjoining the application site. In the absence of a robust and up-to-date assessment by the local authority, an applicant for planning permission may seek to demonstrate through an independent assessment that the land or buildings are surplus to local requirements and any such evidence should accompany the planning application. Government planning policy is set out in Planning Policy Guidance note 17: Planning for open space, sport and recreation (July 2002) Photographs and photomontages
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Photographs provide useful background information that can help to show how large developments can be satisfactorily integrated within the street scene. Photographs should be provided if the proposal involves building works, the demolition of an existing building or development affecting a conservation area or a listed building. Planning obligations - draft head(s) of terms
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Planning obligations (or “section 106 agreements” – agreements made under section 106 of the Town and Country Planning Act 1990) are private agreements negotiated between local planning authorities and persons with an interest in a piece of land (or “developers”), and are intended to make acceptable development which would otherwise be unacceptable in planning terms. Where Local Development Framework policies give details of likely section 106 requirements, a statement of the proposed heads of terms may be submitted with the application. Proposed obligations or heads of terms are expected to be supplied with planning and outline applications for 10 or more residential units or 1000 sqm or more of commercial floorspace.
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Planning statement 59. A planning statement identifies the context, need for a proposed development, and includes an assessment of how the proposed development accords with relevant national, regional and local planning policies. It may also include details of consultations with the local planning authority undertaken prior to submission. Such submissions are expected to be supplied with all applications except householder applications. Site waste management plan 61. Proposed new development should be supported by site waste management plans of the type encouraged by the code of practice published by the DTI in 2004 ‘Site Waste Management Plans: guidance for construction contractors and clients’. These do not require formal approval by planning authorities, but are intended to encourage the identification of the volume and type of material to be demolished and/or excavated, opportunities for the reuse and recovery of materials and to demonstrate how off-site disposal of waste will be minimised and managed (proximity principle). Such plans should be supplied in relation to all planning and outline applications for 10 or more residential units or 1000 sqm or more of commercial floorspace. Government planning policy is set out in PPG10 Planning and Waste Management (September 1999). Statement of community involvement 63. Planning and outline applications containing 50 or more residential units or 2500sqm of commercial accommodation will need to be supported by a statement setting out how the applicant has complied with the requirements for pre-application consultation. This is set out in the local planning authority’s adopted statement of community involvement and aims to demonstrate that the views of the local community have been sought and taken into account in the formulation of development proposals. For prior notification telecommunications applications, details of how the consultation requirements recommended by Planning Policy Guidance 8: Telecommunications (August 2001) have been met should be included. Further guidance on Statements of Community Involvement is available in Chapter 7 of Creating Local Development Frameworks: A Companion Guide to PPS12 (November 2004). Telecommunication development – supplementary information 64. Planning Policy Guidance 8 (PPG8) gives guidance on planning for telecommunications development - including radio masts and towers, antennas of all kinds, radio equipment housing, public call boxes, cabinets, poles and overhead wires. In summary, all telecommunications applications are expected to provide details in relation to: • An assessment about how the application fits into the local, regional and national telecommunications network. Any technical constraints the site has. Any consultation that has been undertaken by the applicant. An assessment of the environmental considerations raised by the application. Details of mast and site sharing options that may have been considered. An assessment of the design considerations raised by an application. An assessment of the health considerations raised by an application.
60.
62.
64.
65.
65.
• • • • •
•
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Town centre uses (impact assessment) 66. Impact assessments are required for all retail and leisure developments over 2,500 square metres gross floorspace, and may be required for smaller developments such as those likely to have a significant impact on smaller centres. Impact assessments should also be provided for applications for other main town centre uses when they are in an edge of centre or out of centre location and not in accordance with a development plan. Policy advice can be found in Planning Policy Statement 6: Planning for Town Centres (March 2005). Town centre uses (policy tests assessment) 68. Planning and outline applications should be accompanied by an assessment of the need for the proposal where this would be in an edge of centre or out of centre location, and where it is not in accordance with an up to date development plan document. It is not necessary to demonstrate the need for retail proposals within the primary shopping area or for other main town centre uses located within the town centre. Evidence should be provided to show that there are no sequentially preferable sites. Policy advice on the policy tests for town centre uses is provided in Planning Policy Statement 6: Planning for Town Centres (March 2005). Transport assessment 70. Planning Policy Guidance 13 ‘Transport’ (March 2001) advises that a Transport Assessment (TA) should be submitted as part of any planning application where the proposed development has significant transport implications. The coverage and detail of the TA should reflect the scale of the development and the extent of the transport implications of the proposal. For smaller schemes, the TA should simply outline the transport aspects of the application, while for major proposals, the TA should illustrate accessibility to the site by all modes of transport, and the likely modal split of journeys to and from the site. It should also give details of proposed measures to improve access by public transport, walking and cycling, to reduce the need for parking associated with the proposal, and to mitigate transport impacts. TA’s will be expected for all ‘major’ applications of 10 or more residential units or 1000 sqm or more of commercial floorspace. Further guidance can be found in Guidance on Transport Assessment, published by the Department for Transport (March 2007). Travel plan (draft) 73. A draft travel plan should be submitted alongside planning and outline applications that are likely to have significant transport implications. They will be expected in any ‘major’ scheme of 10 or more residential units or 1000 sqm or more of commercial floorspace. A travel plan should outline the way in which the transport implications of the development are going to be managed in order to ensure the minimum environmental, social and economic impacts. The plan should have a strategy for its implementation that is appropriate for the development proposal under consideration. It should identify the travel plan coordinator, the management arrangements for the plan (eg a steering group) and the development timetable. The strategy should also include activities for marketing and promoting the plan to occupiers, users, visitors and residents of the site. Further advice is available in: ‘Using the Planning Process to Secure Travel Plans: Best Practice Guidance for Local Authorities, Developers and Occupiers’ [ODPM and DfT, 2002] and ‘Making Residential Travel Plans Work’ [DfT, 2007].
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67.
69.
71.
72.
74.
75.
Tree survey/arboricultural implications 76. Where there are trees within the application site, or on land adjacent to it that could influence or be affected by the development (including street trees), information will be required on which trees are to be retained and on the means of protecting these trees during construction works. A suitably qualified and experienced arboriculturist should prepare this information. Full guidance on the survey information, protection plan and method statement that should be provided with an application is set out in the current BS5837 ‘Trees in relation to construction – Recommendations’. Using the methodology set out in the BS should help to ensure that development is suitably integrated with trees and that potential conflicts are avoided. Ventilation/extraction statement 78. Details of the position and design of ventilation and extraction equipment, including odour abatement techniques and acoustic noise characteristics, will be required to accompany all applications for the use of premises for purposes within Use Classes A3 (Restaurants and cafes use for the sale of food and drink for consumption on the premises), A4 (Drinking establishments use as a public house, wine-bar or other drinking establishment) and A5 (Hot food takeaways - use for the sale of hot food for consumption off the premises). This information (excluding odour abatement techniques unless specifically required) will also be required for significant retail, business, industrial or leisure or other similar developments where substantial ventilation or extraction equipment is proposed to be installed.
77.
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GUIDANCE ON ADDITIONAL LOCAL LIST OF PLANNING APPLICATION REQUIREMENTS 1. The list set out below comprises the additional information that we may require to determine an application. If you fail to submit them but your application is otherwise valid, we have to process your application. We will not accept the late submission of documents that should have been submitted with the application. Your application may therefore be refused because of the lack of information that is required by us. It is therefore important to submit all the information that we require at the beginning of the process. Applicants are advised to discuss proposals with us before any application is made. Amenity / playspace assessment 2. Major applications for housing developments (10 units or more) must demonstrate how the policy requirements for amenity land and playspace have been met on-site, or where a contribution is made to enhance off-site provision, the justification for this and the extent to which the needs of the development will be properly met must be provided. The Council would normally expect this information to be contained within a design and access statement (DAS). Aviation impact assessment 4. Developments in the London City Airport corridor or sites that are located in areas identified as being sensitive to aviation must demonstrate that any potential impacts have been properly identified and assessed, during both the construction and the operational phases. This type of assessment would be normally be required on applications for building 30m or higher or applications that involve the erection of wind turbine equipment on roofs of buildings. Code of construction practice 6. Sustainable construction methods should be used in any development proposal. The Code of Construction Practice (CoCP) should be submitted detailing exactly how the developer intends to control and reduce dust and emissions from construction sites; including dust control measures from site haul routes, stockpiles, crushing, grinding operations etc.; vehicle emission control (off and onroad vehicles). This should also include a submission of a schedule of all plant, non-road, and road mobile vehicles. These vehicles should comply with the European Emissions Standards for the construction phase. A risk assessment should be conducted of the site. The details of person/persons that are responsible for environmental and dust control should be included in the CoCP. Additionally, due consideration needs to be given to construction materials and best practice environmental standards. Refer to London Wide Code of Construction practice to produce a full-integrated construction management and monitoring plan, including: A broad outline of a CoCP Phasing of scheme and programme Hours of operation Dust control measures on site haul routes Processes eg cement batching Details of vehicles entering and leaving the site, including schedule of lorry movements, site plant etc. • A risk assessment in relation to the existing environment, the scale of the activity, proximity of sensitive receptors, prevailing meteorological conditions and seasonal conditions, length of the construction phase. • Preparation of a health and safety report, which in particular focuses on the health and safety of site workers and a contingency plan in case of accidents, as required under the Guide for Site Investigations and Remediation. • • • • • •
3.
5.
7.
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8.
Such a statement will normally be required in planning and outline applications for 50 or more residential units or more than 5000 sqm of commercial floorspace. Employment Statement
9.
A statement will required for any schemes that result in a loss of employment floorspace, justifying why the loss may be acceptable. Reasons that may be considered as justification for such a reduction in floorspace include: A site is unsuitable for continued employment use. There is evidence that there is intensification of alternative employment uses on site. Other employment and training opportunities are created that meet the needs of local residents. The possibility to re-use or redevelop the site for similar or alternative business use has been fully explored and is not realistic.
Energy efficiency statement (including renewable energy statement) 10. The statement should show the predicted energy demand of the proposed development and the degree to which the development meets current energy efficient standards. The statement should describe measures proposed to maximise the development’s energy efficiency and reduce carbon dioxide emissions - including orientation, passive solar gain, choice of energy supply, use of renewable energy, choice of heating and ventilation systems, control systems and choice of materials. A feasibility assessment of providing energy requirements on site from renewable energy sources will be required, as will the investigation of ways of reaching or improving on the current national target of 10-20%. The development must provide a minimum of 10% of its predicted energy requirements from renewable sources. The applicant shall have due regard to guidance from the Energy Saving Trust (see www.est.org.uk\bestpractice) and the Mayor’s Energy Strategy. Further advice is available in PPS22: Renewable Energy (2004). Such a statement will normally be required in planning and outline applications for 10 or more residential units or 1000 sqm or commercial floorspace and should be included as part of the applicants DAS. Lifetime Homes and Wheelchair Accessible Statement 13. Development should seek to improve the accessibility and usability of existing buildings, open spaces and the public realm for all people. To this end, the Council will normally expect an assessment of Lifetime Homes housing and Wheelchair accessible housing and buildings to be contained within the applicants DAS where the development relates to a building where the public have access or a development that produces 6 or more residential units. Microclimate: wind assessment 14. Where tall buildings of 15m in height or more are proposed, impacts must be assessed through wind tunnel modelling. Regeneration statement 15. Applications may also need to be accompanied by a supporting statement of any regeneration benefits from the proposed development including details of any new jobs that might be created or supported; the relative floorspace totals for each proposed use (where known); any community benefits; and reference to any regeneration strategies that might lie behind or be supported by the proposal.
11. 12.
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16.
Such a statement will normally be required in planning and outline applications for 50 or more residential units or 5000 sqm or commercial floorspace. Refuse disposal details (including waste management strategy)
17. 18. 19.
A refuse statement would normally be required on all applications and would normally be contained in the applicant’s design and access statement. On small developments, the plans should show clearly the means by which refuse will be stored (including space for separation of recyclables) and include details of how waste will be disposed of. On larger developments of more than 50 residential units, this should take the form of a waste management strategy (WMS) that assesses waste arising and uses the waste hierarchy outlined in the UK Waste Strategy 2000 to minimise the amount of waste produced. WMS should analyse the emission of any pollutants due to the production of waste on or off site and set out the methods to be employed to deal with waste including its reduction, recycling, sorting, separate storage and sustainable disposal A separate site waste management plan will be needed for the construction phase of the development. Government planning policy is set out in PPG10 Planning and Waste Management (September 1999). Secure by Design Statement
20. 21.
22.
The safety and security of development and the surrounding public realm should be optimised, without compromising the achievement of good design and inclusive environments. To this end, a statement showing how an application complies with this aim, is sought by the Council in all applications for 10 or more residential units or more than 1000 sqm of floorspace. More details on what is required can be found in policy DEV5 of the Council’s Interim Planning Guidance, the Mayors Sustainable Design and Construction SPG and OPDM’s Code for Sustainable Buildings. Sustainability appraisal
23.
24.
A sustainability statement would be expected with all schemes of 50 or more residential units or 5000 sqm of commercial floorspace. It should outline the elements of the scheme that address sustainable development issues, including the positive environmental, social and economic implications. These may include: • Building design: choice and sources of materials, energy and water consumption, carbon emissions, waste management and minimisation and recycling, (including best practice standards for new development) and features to ameliorate anticipated future global temperature rises. The applicant shall have due regard to guidance from the Building Research Establishment, (see http://products.bre.co.uk/breeam). • Resource use: use of sustainably managed natural and semi-natural resources should be considered, along with a materials use and purchasing strategy (green procurement) to cover sustainable construction management activities. • Greenspace incorporating wildlife corridors. Please refer to the Borough’s Core Policy on Green Chains, CP34 and CP31 on Biodiversity. TV & radio-reception impact assessment
25.
Applications for buildings over 15m in height will need to assess what impact they may have on TV & radio-reception and set out measures to mitigate those impacts.
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Views assessment 26. The London Mayor’s London View Management Framework (London Plan SPG July 2007) safeguards strategic views within London. The City Hall to Tower of London Townscape View corridor falls across Tower Hamlets. Any application for a tall building within this protected zone will need to provide an assessment and justification of its impact on this protected view. Other applications for tall buildings will need to provide an analysis of their impact on the area surrounding the site. Such an assessment would normally be expected to be contained in the applicants DAS.
27.
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Filename: DCAN1 Prepare App (2).doc Directory: C:\Documents and Settings\james.hurrell\Local Settings\Temporary Internet Files\OLK72 Template: F:\3 Tower Hamlets LBC\TH Service Issues DD\Customer Leaflets\Template.dot Title: How Does The Council Decide Planning Applications Subject: Author: Keywords: Comments: Creation Date: 03/04/2008 11:12:00 Change Number: 2 Last Saved On: 03/04/2008 11:12:00 Last Saved By: Total Editing Time: 0 Minutes Last Printed On: 11/06/2008 15:20:00 As of Last Complete Printing Number of Pages: 21 Number of Words: 9,351 (approx.) Number of Characters: 51,152 (approx.)