Planning Application Validation

As part of the drive to provide a quicker, more predictable and efficient planning service, the Government is introducing a new standard electronic application form for applications for planning permission and related consents, Alongside this, new information requirements for the validation of planning applications by Local Authorities is also being introduced.

Previously, Local Planning Authorities designed their own forms, and there was a wide variation of information required of applicants for their submissions to different Local Authorities.

The standard national planning application form known as 1 APP, is designed to be used electronically, but can also be submitted on paper and will enable applications to be made and submitted relating to different consent regimes, such as Listed Building consent, Conservation Area consent, and Advertisement consent.

When applications are received Local Planning Authorities undertake a process of validation to check that the documents and fee submitted with any planning application is sufficient for it to be determined. The level of information required can vary significantly depending upon the type of application submitted.

The Government proposes to introduce new validation arrangements to ensure that there is a greater certainty as to the information required and to ensure consistency of approach between Local Authorities. This should minimise the need for submission of further information during consideration of an application and allow more reasonable opportunity to meet Best Value Performance Indicators.

Under the new arrangements, which will come into force in April 2008, a national list of planning application requirements will set out the statutory requirements for applications. Without these documents an application will be treated as invalid.

These include:

• Application form.
• Ownership certificate.
• The required fee.
• Agricultural holdings certificate.
• Design and access statement (where necessary).
• Location plan.
• Other drawings and plans or information necessary to describe the subject.
• Environmental statement (under EIA Regulations) (where necessary).

In addition, Local Planning Authorities are encouraged to adopt their own local list which should include a list of specific requirements drawn from a defined national list.

Where Local Authorities do not adopt a local list and publish it on their website, the default position for the validation of planning applications will be the national statutory requirements only.

The City Council proposes to adopt a local list and to make this available to view on the council's website and at City Info Centres. The items specified are selected from the nationally defined list of requirements as set out in "The Validation of Planning Applications - Guidance for Local Authorities" produced by The Department of Communities and Local Government.

A draft local list has been jointly prepared by officers of the seven Durham Districts and Durham County Council to assist in achieving a consistent approach in County Durham.

The local list (draft) sets out the potential requirements for each application type. However, the information set out in the list may not be required for every application of that type. The implication of the requirement in the list is that where that information is required, the Authority may invalidate an application on the grounds of insufficient information having been submitted.

The Government encourages pre-application discussions as a mechanism for ensuring the public/agents are aware of application requirements, and has recommended that consultation on the requirements for the local list be undertaken with stakeholders, statutory consultees, agents and applicants for a six week period. Thereafter the Government guidance suggests that the results of the consultation exercise be reported back to the relevant committee of the council for formal resolution and adoption.

The ability of the Local Planning Authority to invalidate applications on the grounds of insufficient information in accordance with the new provisions, does not supersede the power to request further information NOT provided in the list, during the consideration of an otherwise valid planning application.

Additionally, the provisions for appeals have not changed, insofar as where applicants disagree with the Authority's requirement for information; they may appeal against non-determination after the expiry of the statutory period (8/13 weeks).

Please take the time to peruse the draft local list, and provide any comments you have by Friday 21st March 2008 to devcontrol@durhamcity.gov.uk or in writing to:

The Head of Planning Services
Durham City Council
17 Claypath
Durham
DH1 1RH

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