Harrogate Borough Council Validation Criteria for Planning Applications VERSION 1.14 – Updated to include revised fee for the Affordable Housing proforma, and link to Development Appraisals for when our affordable housing thresholds are challenged. Applications for Planning Permission This guide has been developed to assist you in the submission of applications (excluding applications for discharge of, variation of or compliance with conditions, applications for certificates of lawfulness, time extension and non-material amendments). The aim of this guide is to help to make sure that the right information is submitted with an application to ensure the Council is able to deal with your application as quickly and comprehensively as possible. This checklist brings together existing information requirements to be submitted alongside a planning application and is not intended to impose additional requirements on applicants. Planning applications which are not submitted with the correct information as stated in this document, may be treated as invalid until such time as the required information has been submitted. When an application is found to be invalid the Receiving Officer will try to contact the applicant, or agent if there is one, by telephone, and in any event will send out a letter/email specifying the details required to validate the application. If after 4 weeks the required information has either not been submitted, or written confirmation received of when it will be submitted, the application and any associated fee will be returned. Exceptionally further information may be required for a specific application, over and above the requirements within this document. A right of appeal for non-determination is where an applicant considers that we require validation particulars or evidence that do not meet the requirements set out in the Order . The Order provides that the applicant may send, in response to an invalidity letter or other such communication, an “Article 10A” notice:i) setting out which particulars or evidence the applicant considers is not a reasonable requirement having regard to the scale and nature of the development nor are about a matter which it is reasonable to think will be material in the determination of the application. ii) Setting out the reasons the applicant relies on in holding that view Validation Criteria iii) Requesting we waive the requirement(s) We will notify the applicant no later than 8 / 13 weeks following receipt of the application that we no longer require the details (a “validation notice") or if the details are required a “non-validation notice”). If the Article 10A Notice is received within 7 working days of the 8/13 week time period or later then we have 7 working days from its receipt to notify the applicant. If an application is “non-validated” we are, as with a “validated” one, required to make a determination within the 8/13 week period otherwise the applicant may proceed to appeal on grounds of non-determination We strongly encourage you to obtain pre-application advice to assist you in putting together your development proposals. Scale, Plan Size and Numbers of Documents Required Numbers of application forms and plans submitted via: Planning Portal :1 Post: 1 original and 3 copies All plans must be drawn to an appropriate metric scale. Floor Plans, Elevations etc.: 1:50, 1:100, 1:200, 1:500 Location Plans: 1:2500, 1:1250 Plans should be A4 or A3 size wherever possible and it would be helpful if coloured three dimensional imagery is provided for at least the main street elevation for major applications to help schemes to be shown in their context. Plans must show the direction of North All information must be clear enough so that the quality of detail is not compromised when scanned and viewed electronically e.g. faint lines are unacceptable. Payment of fees can be made through the Council’s website or by calling 01423 500600 and asking for the Development Management Support team. If paying through the website make note of the receipt number and submit this with your application. Failure to do this may result in a delay in validating your application. 2 Validation Criteria Householder applications can only be used for development within the curtilage of a dwelling house. Outline applications still require supporting information such as land contamination, DAS, biodiversity, flood risk etc. Biodiversity pro forma is required even if the answer is no for all boxes. Vulnerable end uses need information on land contamination. NR – National Requirement LR – Local Requirement AR – Advisory Requirement Contents Application Form Fee Ownership Certificate Notice to be served on owners Location Plan Site/Block Plan Existing and Proposed Elevations Existing and Proposed Floor Plans Existing and Proposed Site Cross Sections Roof Plans Outline Planning Permission 3 Validation Criteria Design and Access Statement Heritage Statement Listed Buildings Environment Impact Assessment (EIA) Affordable Housing Pro Forma Agricultural Workers Dwelling Pro Forma Biodiversity Pro Forma Coal Mining Risk Assessment Contamination Risk Assessment Drainage – Non Mains Drainage Assessment Extra Care Housing Flood Risk Assessment Fume Extraction and Ventilation Marketing Statement Care Homes Marketing Statement Community Facilities Marketing Statement Hotels Noise Impact Assessment Open Space Provision Planning Statement – Statement of Community Involvement Retail Impact Assessment – Sequential Test for Town Centre Uses Structural Survey Sustainable Construction and Design Telecommunication Supporting Information Transport Assessment and Travel Plan 4 Validation Criteria Tree Assessment 5 Validation Criteria NR Information Required Types of Application and Criteria Guidance and Links to Further Information Application Form All applications Use the Planning Portal to submit your application online. 1 if submitted electronically The simplest way to submit an application is online via the Planning Portal. Registration is easy and you can complete you application form, upload supporting documents and pay fees online. If you need a paper form you can download as required. The Planning Portal has a step by step guide to help you pick the right form. 4 if submitted by post The benefits of applying online include: • You can work on your application in draft before submission • Immediate delivery and acknowledgment • Savings on postage and printing costs • Online help function when completing your application All sections and questions must be answered. Declaration must be signed and dated. Provide full contact details of the applicant and/or agent (where appropriate). If submitting a paper application four copies of the completed standard application form including the declaration will be required. Fee NR All applications Except for: a) Where applications are only required because permitted development rights For other circumstances where fee exemptions or concessions apply please refer to our Schedule of Fees You can use the Planning Portal Fee Calculator to work out how much you will need to pay. 6 Validation Criteria Information Required Types of Application and Criteria have been removed b) Conservation Area applications for demolition works c) Deletion/variation of a Legal Agreement (S106) d) Hedgerow Removal Notices e) Listed building applications f) Overhead Lines g) S211 Notification of tree works in Conservation Areas h) Stop up or divert a public right of way i) Works to trees protected by a Tree Preservation Order. NR Guidance and Links to Further Information Payment can be made through the Council’s website or by calling 01423 500600 and asking for the Development Management Support team. If paying through the website make note of the receipt number and submit this with your application. Failure to do this could result in a delay in validating your application. Ownership Certificate All applications Complete: This in part of the form. Except for: a) Applications for Lawful Development Certificates (existing or proposed) b) Reserved matters applications c) Advertisements d) Tree works e) Prior notifications Certificate A if the applicant is the sole owner of the site or you have a leasehold* interest which has at least 7 years to run and the site is not part of an agricultural holding**. 1 copy if submitted electronically 4 if submitted by post Certificate B if the applicant is not the owner of the site (or only owns part) and the applicant knows who owns the site (or the other parts) or there is an agricultural tenant on any part of the land/building. (See C4 below) Certificate C if there is more than one owner and the applicant knows some but not all of the owners of the site. (See C4 below) 7 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information Certificate D if the applicant does not know any owners of the site. (See C4 below) *Long leaseholders (with more than 7 years remaining) are treated as owners and should complete Certificate A. **Agricultural holding has the meaning derived from the definition of agricultural tenant in section 65(8) of the Town and Country Planning Act 1990. Note: By law you must notify all people who have an interest in the site. This is necessary even when only a small part of your building such as guttering or foundations goes over the boundary of the application land. NR Notice to be served on owners – Article 11 All applications where ownership certificates B, C or D have been completed. A notice must be served on all owners and/or published in the press in accordance with the instructions on the Certificate. A copy of the notice must be included in the application submission. There are separate notices for householder and nonhouseholder development Where certificates C or D have been completed, a copy of 8 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information the article published in the newspaper must also be provided Location Plan NR 1 if submitted electronically 4 if submitted by post (3 for an advertisement application) All applications Except for: a) Advertisement applications where the sign is located on an existing building; b) Reserved matters applications only if layout not reserved c) Extensions to temporary permissions; d) Applications to vary or delete planning conditions Based on an up to date Ordnance Survey map, drawn to an appropriate metric scale e.g. 1:1250, 1:2500 and in the case of advertisement applications show the direction of north. Site boundaries must (except for advertisement applications) be edged clearly with a red line and include all land necessary to carry out the development, e.g. all land required for access to the site from a public highway, visibility splays, landscaping, car parking and open areas around buildings etc. A blue line should be drawn round any other land owned or controlled by the applicant, close to or adjoining the application site. (Except for advertisement applications) A4 size should be used wherever possible and show at least 2 named roads and surrounding buildings and be site centred. Properties should be named or numbered to ensure the exact location is clear. • Identify the proposed position of any advertisement. • You can purchase 4 original location plans from the Planning Portal. • Ordnance Survey plans can also be obtained from the Council on payment of a fee. 9 Validation Criteria NR Information Required Types of Application and Criteria Guidance and Links to Further Information Site/Block Plan All applications 1 copy if submitted electronically Except: a) Advertisements where the sign is located on an existing building. b) Reserved matters. c) Extensions of temporary permission. d) Applications to vary or delete planning conditions This is a plan that shows the existing and proposed layout of the application site including any buildings. a) Draw to an appropriate metric scale e.g. 1:100,1:200 or 1:500 b) Show the direction of North and a scale bar and notes stating whether the plan is enlarged from an Ordnance Survey Map or drawn from a survey. c) Show the proposed development in relation to site boundaries and other existing buildings on the site, with written dimensions including those to the site boundaries. d) Show all public rights of way crossing the site. e) Show the position of all trees on the site, and those on adjacent land. f) Show all buildings, roads and footpaths on land adjoining the site including access arrangements (unless these would not be affected by the proposed development. g) Show the site boundaries, type and height of boundary treatment (e.g. walls, fences hedges). h) Show existing and proposed buildings and trees, which are to be retained or removed. Show the position of any immediately adjacent buildings/ structures or trees outside the site. i) Show access roads, turning areas and car parking bays where relevant giving dimensions. j) Show drainage runs. 4 if submitted by post (3 for an advertisement application) 10 Validation Criteria NR Information Required Types of Application and Criteria Guidance and Links to Further Information Existing and Proposed Elevations All applications proposing new buildings or alterations to the exterior of existing buildings. Including changes of use where external alterations are proposed. a) Draw to an appropriate metric scale e.g. 1:50 or 1:100. In the same form, scale and orientation. b) Show clearly the proposed works in relation to what is already there and the height of buildings above ground level. c) All elevations should clearly indicate the existing and proposed building materials and the style, materials and finish of windows and doors. d) Any blank elevations must be included; if only to show that this is in fact the case. e) Where any proposed elevation joins another building or is in close proximity, the drawings should clearly show the relationship between buildings, and detail the positions of the openings on each property. f) For new buildings it is useful to have a 3D visualisation of the “true Elevation” i.e. axonometric or photomontage or model. 1 copy if submitted electronically 4 copies if submitted by post Except: a) Advertisement applications b) Works to trees c) Extensions to temporary permission d) Applications to vary or delete planning conditions Advertisement applications require the following:a) Existing and proposed elevations to a scale of 1:50 or 1:100 b) A drawing to a scale of 1:50 or 1:100 showing the advertisement size, siting, materials and colours to be used c) Height above ground of the advert d) Extent of projection and details of method and colours of illumination (if applicable) 11 Validation Criteria NR Information Required Types of Application and Criteria Guidance and Links to Further Information Existing and Proposed Floor Plans All applications proposing new or amended floorspace and/or proposals to alter existing buildings. a) Draw to an appropriate metric scale e.g. 1:50 or 1:100. b) Show precise dimensions of the overall size of the site, and width of access roads c) Show the exact location of any proposed building dimensioned to two existing fixed points on the site boundary d) Must show the proposed openings to accord with the elevations e) Drawings should show details of existing buildings where relevant, in relation to proposed buildings f) Where existing buildings or walls are to be demolished these should be clearly shown g) For change of use applications (where internal alterations are proposed – must show existing and proposed layout of rooms 1 copy if submitted electronically 4 copies if submitted by post NR Existing and Proposed Site Cross Sections Finished floor and site levels 1 if submitted electronically 4 copies if submitted by post Except: a) Prior Notification Application b) Works to trees c) Extensions to temporary permission d) Applications to vary or delete planning conditions All applications proposing changes to site levels or where existing levels across the site vary more than 1 metre Engineering operations All new buildings (excluding household and commercial extensions Except: a) Advertisement applications b) Works to trees c) Extensions to temporary permission d) Applications to vary or delete planning a) Show a cross section(s) through the proposed building(s) b) Draw to an appropriate metric scale e.g. 1:50 or 1:100. c) Where there is a change in ground levels drawings should show existing and proposed with levels related to a fixed datum point nearby which will not be affected by the proposed works. d) Plans should show the proposals in relation to adjoining land and buildings e) In all cases where a proposal involves a change in ground levels, drawings should show both existing and finished levels to include details of foundations, retaining structures and how eaves relate to adjacent 12 Validation Criteria Information Required Types of Application and Criteria conditions e) Prior Notification Application Roof Plans NR 1 if submitted electronically 4 if submitted by post Outline Planning Permission Guidance and Links to Further Information f) All applications where alterations to the existing roof are proposed a) Draw to an appropriate metric scale e.g. 1:50 or 1:100. b) Show the shape of the existing and proposed roof c) Show details of the roofing material, any rooflights, flues and any vents and their location on the roof Except: a) Advertisement applications b) Works to trees c) Extensions to temporary permission d) Applications to vary or delete planning conditions e) Prior Notification Application Outline Planning Applications NR • • • NR Design and Access Statement (DAS) A Design & Access Statement is required with the following types of application only: land and boundaries. Details should explain how any encroachment on adjacent land is to be avoided Where no changes to site levels are proposed, and finished floor levels are not to be raised, stating this on the plans will be acceptable Use – the use or uses proposed for the development and any distinct development zones within the site identified Amount of development - the amount proposed for each use Indicative access points – an area or areas in which the access point or points will be situated (Where these matters are reserved for subsequent approval) The Design & Access Statement should comprise the following: 13 Validation Criteria Information Required Types of Application and Criteria a) MAJOR Development b) One or more dwelling houses within a Conservation Area or World Heritage Site c) New building (s) within a Conservation Area or World Heritage Site where the floor space created is >100m2 Guidance and Links to Further Information a) The design principles and concepts that have been applied to the development b) How issues relating to access to the development have been dealt with The Design & Access Statement shall: Exemptions a) A design and access statement is not required for planning applications involving: b) (a) permission to develop land without compliance with conditions previously attached, made pursuant to section 73 of the Act; c) (b) engineering or mining operations; d) (c) a material change in the use of land or buildings – Please note that for an application to convert a Building to residential use a Design & Access Statement will be required. e) Explain the design principles and concepts that have been applied ot the development Demonstrate the steps taken to appraise the context of the development 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 outcomes of any such consultation Explain how any specific issues which might affect access to the development have been addressed. (d) development which is waste development Heritage Statement Listed Buildings – Development proposals affecting the fabric of the building or either directly or indirectly affecting a A Heritage Statement are required for applications for 14 Validation Criteria Information Required NR Types of Application and Criteria Listed Building Guidance and Links to Further Information listed building consent, other than those for replacement consent. The statement has to explain— - the design principles and concepts that have been applied to the works how the design principles and concepts that have been applied to the works take account of— (i) the special architectural or historic importance of the building; (ii) the particular physical features of the building that justify its designation as a listed building; and (iii) the building’s setting - how in respect of applications, which do not relate solely to the interior of a listed building, issues relating to access to the building have been dealt with. Specifically — (i) explaining the policy that has been adopted as to access, including what alternative means of access have been considered, and how policies relating to access in relevant local development documents have been 15 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information taken into account (ii) explaining how that access policy takes account of the special architectural or historic importance of the building, the particular physical features of the building that justify its designation as a listed building; and the building’s setting (iii) stating what, if any, consultation has been undertaken on issues relating to access and what account has been taken of the outcome of any such consultation (iv) explaining how any specific issues which might affect access to the building have been addressed Descriptions of Listed Buildings can be seen using the Heritage Gateway. NR Environmental Impact Assessment (EIA) Environmental Statement Screening and Scoping Opinions Major developments which are of more than local importance; Town and Country Planning (Environmental Impact Assessment) Regulations 2011 Developments which are proposed for particularly environmentally sensitive or vulnerable locations: Where an EIA is mandatory An EIA must be undertaken for development proposals that fall within the types listed in Schedule 2 of the Regulations 16 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information Developments with unusually complex and potentially hazardous environmental effects shows the types of developments in Annex 2 to the Directive. (e.g. integrated industrial chemical plants, large scale thermal and nuclear power stations, and metal production plants). Applicants are advised to seek a scoping opinion from the Council before starting work on the EIA. An Environmental Statement should be submitted alongside the planning application. This directive is enacted in the UK legislation listed below. Schedule 1 of the Regulations shows the types of developments in Annex 1 to the Directive Where an EIA may be required Where an applicant is uncertain whether a development proposal requires an EIA (development of the types listed in Schedule 2 of the Regulations), you should seek a Screening Opinion from the Council before submitting the planning application. If it is agreed that an EIA is required you should then seek a scoping opinion and submit the Environmental Statement alongside the planning application. Submission Requirements for Screening and Scoping Opinions: a) A brief description of the nature and purpose of the proposal and its possible environmental effects, giving a 17 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information broad indication of their likely scale; b) A plan indicating the proposed location of the development which should: • Be based on an up to date map • Be drawn to an appropriate metric scale e.g. 1:1250, 1:2500 • Use A4 or A3 paper where possible • Show at least two named roads and surrounding buildings • Clearly show the edges of the site boundaries with a red line. (include all land necessary to carry out the proposed development – e.g. land required for access to the site from a public highway. Visibility splays, landscaping, car parking and open areas around buildings) • Show the direction of north Where an Environmental Statement is required, it should include all the information set out in Annex C of Circular 02/99: Environmental Impact Assessment Establishing whether a development requires and EIA is a simple flowchart to guide you through part of the process. Affordable Housing Pro Forma All planning applications for residential development on sites of 15 dwellings/0.5ha in Before you submit a planning application you will need to complete an Affordable Housing Proforma for either: 18 Validation Criteria Information Required LR Types of Application and Criteria Harrogate, Knaresborough and Ripon, and sites of 3 dwellings/0.1ha elsewhere, are subject to Saved Policy H5 of the Harrogate and District Local Plan as amended 2004, which requires an element of affordable housing subject to financial viability. If you wish to challenge the Council’s affordable housing target on the grounds of financial viability this should be done prior to submitting a planning application and to do so you will need to submit a Development Appraisal. Current affordable housing targets are 50% on draft green field site allocations and 40% on all other qualifying sites. Should a challenge to the Council’s affordable housing target on the grounds of financial viability be made, this should be via a financial viability appraisal. Current affordable housing targets are 50% on allocated green field sites and 40% on all other qualifying sites. The charge for examining, negotiating on and reporting on a Development Appraisal is carried out by the Councils Principal Development officer and is separate from the charge for the Affordable Housing Pro form. Guidance and Links to Further Information • • Mixed Market and Affordable Housing Rural Exception Site Proposal The proforma should be signed off by the Principal Development Officer. The charge for pre application discussion and agreement of the amount and type of affordable housing as described on the proforma now stands at £110 The plans submitted with the applications should indicate which are the affordable housing plots, with the footprint, parking and gardens coloured brown. There should also be a schedule of the affordable housing comprising: a) Plot Number b) House type c) Floor space in square metres The development appraisal charge is up to £2500 depending on the complexity and time taken to 19 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information carry out the work. A charge of £500 is payable up front to fund this work. Refunds and extra payments will need to be made as appropriate Payment must be made using our online system The Development Appraisal document provides information on the sort of evidence applicants are expected to submit – this should take place prior to the submission of the application and the Affordable Housing Proforma. LR LR Agricultural Workers Dwelling Assessment Applications for new dwellings to be occupied by agricultural workers Complete the form giving full details of the agricultural business. Agricultural Workers Dwelling Assessment Form Biodiversity Pro Forma (Protected species, wildlife and habitats) Tables 1 and 2 of Guidance Notes a) Full applications, which are not domestic b) Domestic works which involve the removal or disturbance to the roof or roof structure including loft conversions c) Works within the curtilage of a church d) Conservation Area applications e) Listed Building applications f) Lawful Development Certificates for proposed You may also be required to submit an Ecological Survey and Assessment – the Guidance Notes will explain when, and then what is required. Note – if an Ecological Survey & Assessment identifies that further survey(s) are required, these must be submitted before the application can be registered as valid. Exceptions - when a full Survey & Assessment 20 Validation Criteria Information Required Types of Application and Criteria use g) Outline applications h) Reserved Matters applications i) Applications to delete or vary conditions Guidance and Links to Further Information may not be required: Following consultation by the applicant at the preapplication stage, the Council has stated, in writing, that no protected species Surveys & Assessments are required. If it is clear that no protected species or priority habitats are present, despite the Applicant answering ‘Yes’ to any question in Table 1 (indicating that they are likely to be present). The applicant should provide evidence with the application to demonstrate that such species are absent (this may be in the form of a letter, or a brief report, from a suitably qualified and experienced person, or a relevant local nature conservation organisation). In relation to bats, Natural England Standing Advice indicates that there is less likelihood of the potential to impact on bats in the following situations: a) Urban setting or highly urbanised area with few feeding places b) Small or cluttered roof void (especially for longeared bats) c) Heavily disturbed d) Modern construction with few gaps around soffits or eaves (but be aware these may be used by pipistrelles in particular) e) Prefabricated with steel and sheet materials f) Active industrial premises g) Roof shaded from the sun 21 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information If you believe that these situations apply to your proposals, you may wish to apply for an exemption to having to undertake a survey. LR Coal Mining Risk Assessment All applications for new development within the Coal Authority’s Coal Mining Referral Areas Exceptions: a) Reserved Matters Required for: Full and Outline Planning applications – not change of use or householder Coal mining referral areas are based on records where the Coal Authority has determined from records where potential land stability and other safety risks associated with former coal mining activities are likely to be greatest. All new developments in these areas will require a “Coal Mining Risk Assessment” (CMRA) to be prepared and submitted with the planning application. The document Risk Based Approach to Development Management Resources for Developers is a Coal Authority publication giving detailed information on the types of development where a “Coal Mining Risk Assessment” (CMRA) is required, guidance on what information must be included in a Coal Mining Risk Assessment Report and how householder applications are dealt with. A risk assessment report must contain site specific information on any past, current and proposed surface and underground coal mining activity together with other safety and ground stability information and should be carried out by a suitably qualified person who is familiar with ground stability and mining legacy related issues. Plans showing the Coal Mining Development Referral Area 22 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information for Harrogate district together with links to other useful information can be seen on the Coal Authority’s website. You can also use the Interactive Map to view selected coal mining information for your area of interest. Information can be obtained from The Coal Authority’s Property Search Service (Tel: 0845 762 6848 or via The Coal Authority website: http://coal.decc.gov.uk/en/coal/cms/services/reports/repor ts.aspx The site specific information for the proposed development must then be considered by a competent person to assess the risks and propose any mitigation/remediation measures to address the risks. The definition of a competent person can be found on The Coal Authority website. LR Contamination Risk Assessment Land which may be affected by contamination. Phase 1 - Desk Top Study, Site Walkover and Initial Risk Assessment Applications for: a) All residential developments (houses, flats, nursing homes etc.) b) Allotments c) Children’s play areas d) Playing fields e) Mixed use developments including vulnerable end uses The Development on Land Affected By Contamination Technical Guidance for Developers, Landowners and Consultants has been developed by the Council and other Local Authorities in the Yorkshire and Humber Region and provides detailed guidance on what is required which is: a) For a single new build dwelling in a garden Phase 1 – Desktop Study, Site Walkover and Initial Risk 23 Validation Criteria Information Required Pre Application Discussion with Contaminated Land Officer Types of Application and Criteria f) Nurseries and crèches g) Schools Guidance and Links to Further Information Assessment for any existing, historical or other end uses. Examples of Contaminating Land Uses a) Abattoirs, animal waste processing and burial of diseased livestock b) Asbestos, cement, lime and gypsum manufacture c) Chemicals (organic and inorganic), pesticides, acids/alkalis manufacture d) Coal and mineral mining and processing, both deep mines and opencast e) Dry cleaning premises f) Electrical and electronic equipment manufacture and repair g) Food processing industry and catering establishments h) Gasworks, coal carbonisation plants, power stations i) Glass making and ceramics manufacture j) Heavy engineering and engineering works, e.g. car manufacture, shipbuilding k) Laboratories – all types l) Landfill, storage and incineration of waste m) Military and Defence related activities n) Munitions and explosives production, testing and storage sites o) Paper and pulp manufacture, printing works and photographic processing p) Petroleum storage and distribution sites, oil refineries q) Pharmaceuticals, solvents, paints, detergents and cosmetics manufacture 24 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information r) Railway depots, dockyards (including filled in dock basins), garages, road haulage depots, airports s) Rubber industry, including tyre manufacture t) Sewage works, farms, stables and kennels u) Smelters, foundries, steel works, metal processing and finishing works v) Textile industry, including tanning and dyestuffs w) Timber treatment Other uses and types of land that might be contaminated include: a) Radioactive substances used in industrial activities not mentioned above e.g. gas mantle production and luminising works b) Burial sites and graveyards c) Agriculture – excessive use or spills of pesticides, herbicides, fungicides, sewage sludge and farm waste disposal. d) Naturally- occurring radioactivity, including radon e) Naturally -occurring elevated concentrations of metals and other substances f) Methane and carbon monoxide production and emissions in coal mining areas, wetlands, peat moors or former wetlands Guidance on the completion of this information should be sought from Mary Jones the Area Environmental Health Officer with responsibility for Contaminated land on 01423 25 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information 556861 Drainage Impact LR Non Mains Drainage Assessment and Form Applications proposing non mains drainage to package sewage treatment plans, septic tanks, cess pools or if the development would add an additional 25%* to the existing system’s capacity. This form will need to be completed to assess whether your non-mains connected system is acceptable. *calculated on number of bedrooms for domestic properties or floor space for other types of development. In addition to this form, Foul drainage assessment form Proposed Treatment Plants – A percolation test must be carried out and the results submitted with the application unless the treatment plant is to be draining into a watercourse. Proposed Septic Tanks and Cess Pools – A full impact assessment must be submitted before the application can be registered. This should confirm that the adverse effects summarised in factors (a) to (k) below will not arise. This assessment should focus on the likely effects on the environment, amenity and public health and, in particular, it should include a thorough examination of the impact of disposal of the final effluent, whether it is discharged to a water course or disposed of by soakage into the ground. a) Contravention of recognised practices b) Adverse effect on water sources/resources c) Health hazard or nuisance 26 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information d) e) f) g) h) i) j) k) Damage to controlled waters Damage to the environment and amenity Overloading the existing capacity of the area Absence of suitable outlets Unsuitable soakage characteristics High water table Rising ground water levels Flooding Non mains drainage supporting information For information on licensed and unlicensed water abstractions contact the Environment Agency ([email protected]) and/or Environmental Protection ([email protected]) Please note that the submission of incorrect or incomplete information could lead to lengthy delays in assessing your planning application. Neighbouring landowners should also be contacted. LR Extra Care Housing Pro Forma Planning applications for dwellings - where residents will live in individual apartment/flats, i.e. with cooking and cleaning facilities, but who receive care. Consultation with North Yorkshire County Council’s Adult and Community Services should take place. See the pro forma for further details of the requirements. See also Affordable Housing pro forma which also should be 27 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information submitted. Flood Risk Assessment LR Planning Applications for development proposals of 1ha or greater in Flood Zone 1. All proposals for new development, which are located in Flood Zones 2 and 3, or other areas where the Environment Agency, Internal Drainage Boards have indicated there may be drainage problems. This 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. The Environment Agency’s Flood Risk Standing Advice, gives information to be included in a Flood Risk Assessment, depending on the type of development and location should be consulted. Maps of flood zones are available from the Environment Agency Website. LR Fume Extraction and Ventilation Details Pre Application Discussion is recommended. Applications for: Restaurants, cafes and takeaways – A3/A4/A5 Uses Any other development to include a commercial kitchen such as a hotel. Details of the ventilation and fume extraction systems both on plan and elevations and manufacturers specifications must be submitted together with an acoustic report outlining details of background noise levels, details of measures to mitigate noise and/or fume emissions and vibration. Further information to support the application: a) Details of refuse storage and removal. b) Access (details of ramps including gradient) and toilet arrangements to enable disabled access should be addressed in the application. c) Additional information to support the application 28 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information such as a covering letter setting out hours/days of operation, intended number of covers for restaurants, i.e. table/chairs. d) Extent of kitchen area and nos. of tables and chairs (Class A3/A4/A5 uses) is helpful if ascertaining whether a change of use has occurred from Class A1. e) If alterations to shop front or adverts are shown, has appropriate application been submitted or does description of development reflect this? LR Harrogate Borough Council Minute All applications made by or for Harrogate Borough Council Must be accompanied by a copy of the minute recording Cabinet Member approval, or for works of a minor works, either signed by an Executive Director, other than the Director of Development Services, or providing evidence of Executive Director approval for the application to be made. The application must also state whether the development is to be provided by the council (RG3), or whether it is the intention that the development be provided by other means, such as the land to be sold off to a developer (RG4). LR Joinery Details Listed Buildings Details of e.g. doors and windows should be shown to a larger scale of 1:10, 1:5, or 1:1 as appropriate. Marketing Statement – Care Homes Applications resulting in the loss of care homes unless Documentary evidence is submitted showing that the previous elderly care home has been suitably The marketing statement should include: a) Copy of the sales particulars prepared. b) Details of the original price and the new guide price c) Schedule of the advertising carried out with copies 29 Validation Criteria Information Required Types of Application and Criteria replaced elsewhere. This could comprise more independent living accommodation such as extra care housing and Category 2 sheltered housing as well as traditional nursing and residential homes. Guidance and Links to Further Information d) e) f) g) h) of the advertisements and details of where the advertisements were placed and when, along with an estimate of the expenditure incurred from advertising. The confirmed number of sales particulars which have been distributed, along with a breakdown of where the enquiries resulted from, for example, from the “For Sale” or “To Let” board, advertisements etc. Details of the number of viewings carried out. Resulting offers and why they were dismissed. Confirmation of whether a “For Sale” or “To Let” board was erected and the dates displayed, or if not, the reasons behind the decision. Timetable of events from the initial appointment of the agent to current date. Additional information required: a) the last three years trading accounts, with an indication of room occupancy. b) the latest Annual Inspection Report. c) an itemised list of costs that would be incurred in meeting actions identified in the Report to meet standards. d) a statement of how the required improvements would have to be financed. This information will be treated as confidential and will be forwarded on this basis only to the relevant consultees. 30 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information Documentary evidence that the previous facility has been replaced elsewhere will form part of the public file It is expected that the property will have been advertised for at least a year at a price which reflects its existing use. If the Borough Council agrees there are special circumstances, a shorter marketing period may be approved. LR Marketing Statement – Community Facilities Marketing Statement – Hotels Proposal resulting in the loss of community facilities unless submitted with documentary evidence that the previous existing facility has been suitably replaced elsewhere. Loss of hotels with 30+ bedrooms – Unless documentary evidence is submitted to The application will be held as invalid until the information is received or until the applicant/agent confirms in writing that they want to proceed without supplying the information. Additional information required for Licensed premises: a) The last three years trading accounts, with a breakdown of the percentages of income from food and drink. b) If a dining facility is provided, details of the market aimed at and the number of covers available. c) Who the licence is currently held with and when it is due for renewal. d) The opening times for the premises. This information will be treated as confidential and will be forwarded on this basis only to the relevant consultees. The marketing statement should include all the following information 31 Validation Criteria Information Required LR Types of Application and Criteria show that the loss of the hotel would have no significant adverse impact on the supply of visitor accommodation available in the area. (For locations outside Harrogate town only). Guidance and Links to Further Information a) Copy of the sales particulars prepared. b) Details of the original price and the new guide price c) Schedule of the advertising carried out with copies of the advertisements and details of where the advertisements were placed and when, along with an estimate of the expenditure incurred from advertising. d) The confirmed number of sales particulars which have been distributed, along with a breakdown of where the enquiries resulted from, for example, from the “For Sale” or “To Let” board, advertisements etc. e) Details of the number of viewings carried out. f) Resulting offers and why they were dismissed. g) Confirmation of whether a “For Sale” or “To Let” board was erected and the dates displayed, or if not, the reasons behind the decision. h) Timetable of events from the initial appointment of the agent to current date. This information will be treated as confidential and will be forwarded on this basis to the relevant consultees. It is expected that the property will have been advertised for at least a year at a price which reflects its existing use. If the Borough Council agrees there are special circumstances, a shorter marketing period may be approved. Or 32 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information Outside of Harrogate Town Only - Documentary evidence that there will be no significant adverse impact on the supply of visitor accommodation The application will be held as invalid until the information is received or until the applicant/agent confirms in writing that they want to proceed without supplying the information. The Documentary evidence that the previous facility has been replaced elsewhere or Outside of Harrogate Town Only - Documentary evidence that there will be no significant adverse impact on the supply of visitor accommodation will form part of the public file. Noise Impact Assessments LR Proposals which raise issues of disturbance a) Industrial or commercial uses near to residential property. b) New residential property near to transportation noise sources. c) New residential property near to existing industrial or commercial premises where industrial noise is the dominant source. d) New entertainment premises near to residential property and new residential property near to places of entertainment. Noise Advice Scenarios Noise can be a major factor to consider in any new development. This design advice is to help those involved in designing development to achieve an acceptable noise environment for people living and working in the area. The following advice indicates the noise levels that may be considered acceptable for various scenarios. Look at which of the following scenarios best describes your development and follow the advice given. Noise Impact Assessments good practice guidance and scenarios Extraction and Ventilation Equipment 33 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information If the only element of an application requiring noise impact information is an extraction system or condenser unit the as long as the manufacturers details include either the ‘sound power level’ or the ‘sound pressure level’ this will suffice and a full noise assessment would not be required. If a full noise impact assessment is required and cannot be carried out at the site then it should be carried out at a similar site elsewhere. For further advice contact the Environmental Protection team at Harrogate Borough Council on: 01423 556633. Open Space Applications for residential development Plans should show any areas of existing or proposed open space within or adjoining the application site. ‘Open space’ here includes space falling within the definitions of that term in the Town and Country Planning Act 1990 or PPG17 Planning Statement – including Statement of Community Involvement Required for MAJOR planning applications only. Except: Information should include how the proposed development accords with policies in the Local Development Framework (LDF), development plan, supplementary planning documents or development briefs. It should also include details of pre-application discussion with the Council and any pre-application community involvement undertaken prior to submission. However, a separate statement on community involvement may also be 34 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information appropriate. Page 16 of the Statement of Community Involvement gives additional advice on what potential applicants are expected to do. Retail Impact Assessment Sequential Test for Town Centre Uses For all retail and leisure developments over 2500m2 gross floor space: Current guidance can be found in PPS 6: PPS 4: Planning for Sustainable Economic Growth, The assessment should include the need for development, whether it is of an appropriate scale, that there are no sites close to a centre for the development, that there are no unacceptable impacts on existing centres, and if locations are accessible. Click here to access Harrogate Borough Councils Retail Study. The following supporting information may also be required depending on the size/nature of the development: Structural Survey Applications for change of use and alterations of Sustainable Construction & Design Validation Certificate Reducing Travel by Car & Improving Accessibility Validation Certificate Transport Assessment/Transport Statement/Travel Plan Validation Certificate Details which must be included in a Structural Survey written 35 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information existing buildings outside a Development Limit as defined in the Harrogate and District Local Plan report Listed Buildings where the structural condition of the building requires it or it is to be converted to a new use. a) Footings – these will not be deep but any exposed footings should be noted b) Settlement – position and reason for settlement i.e. failure of footings, tree growth, water course etc. c) Ground conditions – including water table level d) Wall Construction – solid brick or stone, double leaf for example stone/rubble/stone. Pointing detail, for example flush, bagged, weathered. e) Bowing or bulging of walls, cracking and the reason for failure e.g. lintel failure, lack of restraint at eaves. f) Erosion of wall materials - brick, stone or displacement of cobbles due to mortar failure. g) Rising/Penetrating Damp h) Frost damage i) Sulphate attack - e.g. breakdown of renders or cementatious product. j) Timber structure - frame intermediate floors or roof. k) Condition of timber - including fungal attack and beetle infestation l) Floor construction - ground floor finish and condition. m) Upper floors' construction beams, joist size and centres n) Roof construction - including finish and fixing 36 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information detail, rafter size and centres, purlins, trusses o) Roof Condition - sagging between supporting walls, purlins or other movement. Slipped or missing slates/tiles. Areas replaced with corrugated asbestos cement and the like. p) Metal columns, ties and any corrosion of same. q) Existence of any vermin and birds. r) Nesting of any owls or bats. Do not disturb any bat roosts - it is illegal. For listed buildings a methodology statement indicating on measured drawings of the building as existing, any structural problems and a clear methodology for their rectification or alteration including a proposed sequence of works and details of temporary works and propping. LR Sustainable Construction and Design: Validation Certificate Pre Assessment Estimator Applications for: • new build detached non –residential development (including outline applications where appearance and layout is considered, and reserved matters applications) • non residential conversion or extension of over 500m2 • new build dwelling(s) (including outline applications where appearance and/or layout is considered, and reserved matters applications All applicants (save those for storage buildings, unheated buildings or agricultural buildings) need to submit a completed Sustainable Construction and Design Validation Certificate. 37 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information Exemptions: Buildings for storage, unheated buildings and agricultural buildings Outline applications where appearance and layout are not being considered (validation certificate still required) LR Telecommunication Supporting Information Confirmation that development is by or on behalf of a telecommunications code system for operation for the purpose of the operator’s telecoms systems (Class A of Part 24.) Evidence that the use of an existing mast, building or structure has been considered. Statement that the proposed mobile phone base station, when operational will meet ICNIRP guidelines. Confirmation of the frequency and modulation characteristics, and details of power output in relation to antenna. LR Reducing Travel by Car and Improving Accessibility Pre Application Discussion Validation Certificate 1) A residential development of 10 or more dwellings, or where the number of dwellings is not given, the site area is 0.3 hectares or more and located in or adjacent to the built up areas of Harrogate, Knaresborough, Ripon, Boroughbridge, Applicants must complete and submit the Validation Certificate with their application to confirm that preapplication discussions have taken place. 38 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information Masham and Pateley Bridge. 2) A non residential development within one of the following categories where the gross floor space is equal to or greater than the following: a) Food Retail/Non food retail 1000sq m b) A2 offices/B1 business/B2 industry 2500 sq m c) C2 residential 2500sq m d) (institutions/hospitals) e) D1 non res. Institutions 2500 sq m f) D2 Assembly and Leisure 2500 sq m g) Cinemas and Conference centres 1000 sq m h) Stadia 1500 seats LR Transport Assessment Transport Statement Travel Plan: Pre Application Discussion Validation Certificate Where proposals are likely to have significant transport implications a Transport Assessment may be required and in some cases a Travel Statement may be needed and a Travel Plan. This will be used to determine whether the impact of the development on transport is acceptable and what mitigation measures will be required. The coverage and detail of the Transport Applicants must carry out pre application discussions regarding the likely transport impact of their proposals and to agree requirements for a Transport Assessment, Transport Statement and/or a Travel Plan with a member of the Transport and Development Team at North Yorkshire County Council, tel: 08458 72 73 74. Applicants must complete and submit the Validation Certificate with their application to confirm that these preapplication discussions have taken place as well as the 39 Validation Criteria Information Required Types of Application and Criteria Guidance and Links to Further Information Assessment should reflect the scale of development and the extent of the transport implication of the proposal. relevant information required. See link below; Pre Application Discussion Validation Certificate 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. Development proposals of the types listed below and which equal or the floor area provided are likely to have significant transport implications Thresholds: • Food Retail (A1) 250sq m Non Food Retail (A1) 800sq m A2 financial and professional services 1000 sq m A3 restaurants and cafes 300 sq m A4 drinking establishments 300sq m A5 hot food takeaway 250sq m B1 business 1500sq m B2 general industrial 2500sq m B8 storage or distribution 3000sq m C1 hotels 75 bedrooms C2 residential institutions 30 beds Hospitals/nursing homes 40 Validation Criteria Information Required Types of Application and Criteria Tree Assessment Guidance and Links to Further Information C2 residential institutions 50 students Residential education C2 residential institutions 250 residents Institutional hostels C3 dwelling houses 50 units D1 Non residential Institutions 500 sq m D2 assembly and leisure 500 sq m Discussion with the Highway Authority Applications for works to trees covered by a Tree Preservation Order Survey information should be provided using BS5837:2005 A guide for trees in relation to construction To find out more about protected trees, click here. 41 Harrogate Borough Council Validation Criteria for Planning Applications Justification for Criteria - Legislative and Policy Framework Application Form Town and Country Planning (Development Management Procedure)(England) Order 2010 Town and Country Planning (Application) Regulations 1988 Town and Country Planning (Control of Advertisements)(England) Regulations 2007 Fee Town and Country Planning Fees Regulations 2009 Ownership Certificate Town and Country Planning Act 1990, Section 65(5) Town and Country Planning (Development Management Procedure) (England) Order 2010 Article 11 – Notice to be served on owners Town and Country Planning Act 1990 Town and Country Planning (Development Management Procedure) (England) Order 2010 Location Plan The Town and Country Planning (Development Management Procedure) (England) Order 2010) The Town and Country Planning (Application) Regulations 1988 Town and Country Planning (Control of Advertisements) (England) Regulations 2007 Site/Block Plan Town and Country Planning (Development Management Procedure) (England) Order 2010 The Town and Country Planning (Application) Regulations 1988 Existing and Proposed Floor Plans Existing and Proposed Elevations Site Cross Sections Roof Plans Town and Country Planning (Development Management Procedure) (England) Order 2010 The Town and Country Planning (Application) Regulations 1988 Town and Country Planning (Control of Advertisements) (England) Regulations 2007 Outline Planning Applications – Information statutorily required Town and Country Planning (Development Management Procedure) (England) Order 2010 DCLG Circular 01/2006 Design and Access Statement Planning and Compulsory Purchase Act 2004 Section 42 Validation Criteria DCLG Circular 01/2006 - Guidance on Changes to the Development Control System Town and Country Planning Act 1990 Section 327A The Town and Country Planning (Development Management Procedure) (England) Order 2010) Heritage Statements National Planning Policy Framework (Paragraphs 17 and 128-141) Conservation Area Character Appraisals Supplementary Planning Documents The Planning (Applications for Planning Permission, Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2006 Environmental Statement Screening and Scoping Opinions Town and Country Planning (Environmental Impact Assessment Regulations) 2011 Circular 2/99: Environmental Impact Assessment Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. EIA Directive 97/11/EC Affordable Housing Pro Forma National Planning Policy Framework (Paragraphs 50 and 54) Harrogate District Local Development Framework Core Strategy Policy HLP4 SPD? Agricultural Workers Dwelling Pro Forma Local Development Framework Core Strategy Policy SG3 Biodiversity Pro Forma Tables 1 and 2 National Planning Policy Framework Paragraphs 118 and 119 Wildlife and Countryside Act 1981 Protection of Badgers Act 1992 Habitats Regulations 2010 Circular 06/2005: Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System Planning for Biodiversity and Geological Conservation: A Guide to Good Practice Coal Mining Risk Assessment National Planning Policy Framework Paragraphs 120 and 121 Contamination Risk Assessment- Land which may be affected by contamination National Planning Policy Framework Paragraphs 120 and 121 43 Validation Criteria Drainage Impact Non Mains Drainage Assessment National Planning Policy Framework Paragraph 120 Circular 03/99: Planning Requirement in respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development Extra Care Housing Harrogate District Local Development Framework Core Strategy Policy C1 Flood Risk Assessment National Planning Policy Framework Paragraph 103 Fume Extraction and Ventilation Details National Planning Policy Framework Paragraphs 9 and 14 Harrogate District Local Development Framework Core Strategy Policy SG4 Marketing Statement Care Homes Harrogate District Local Plan Saved Policy CFX Marketing Statement Community Facilities Harrogate District Local Plan Saved Policy CFX Marketing Statement Hotels Harrogate District Local Plan Saved Policy TRX Noise Impact Assessments National Planning Policy Framework Paragraph 123 Harrogate District Local Development Framework Core Strategy – Policy SG4 Open Space Provision Harrogate District Local Development Framework Core Strategy – Policy C1 Planning Statement – including Statement of Community Involvement National Planning Policy Framework Paragraph 69 44
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