Validation of planning applications in Tyneside

Validation of planning applications in Tyneside

This information is available as a pdf document here The page below is for the assistance of users with screen reader software or other accessibility needs.

Contents

  1. Background to the Tyneside Validation List
  2. Discretion
  3. Review
  4. Using the checklists
  5. Pre-application advice
  6. Local authority contact details

 Appendix 1 - National and local validation requirement notes to accompany checklists

National Requirements

  1. Completed application form
  2. Location plan 
  3. Site plan 
  4. Ownership certificate (A, B, C or D) 
  5. Agricultural holdings certificate
  6. The correct fee
  7. Design and Access Statement (if required)

Local Requirements

  1. Application Plans
  2. Affordable Housing Statement
  3. Air Quality Assessment
  4. Archaeological Assessments
  5. Coal Mining Risk Assessment / Mineral Safeguarding
  6. Ecological Survey Assessment and Mitigation Report and Protected Species Survey  
  7. Habitat Regulations Assessment 
  8. Flood Risk and Drainage Assessments
  9. Heritage Statement
  10. Land Contamination Assessment
  11. Landscaping Details
  12. Marketing Information
  13. Noise Assessment
  14. Open Space Assessment (including playing fields and recreational buildings)
  15. Planning Obligations (Section 106 Legal Agreements) – Draft Head of Terms
  16. Planning Statement
  17. Statement of Community Involvement
  18. Structural Survey
  19. Sustainability Statement
  20. Telecommunications Development
  21. Town Centre Use Assessment
  22. Transport Assessments / Statements and  Travel Plans.
  23. Tree Survey and/or Statement of Arboricultural Implications of Development
  24. Ventilation / Extraction Details
  25. Sunlight/Daylight/Microclimate Assessment
  26. Community Infrastructure Levy (Gateshead, North Tyneside and Newcastle only

 Appendix 2 – The Validation Checklists

 Checklist

Title

Checklist 1:  

Full Applications  

Checklist 2:

Outline Applications & Reserved Matters Submissions

Checklist 3:

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

Checklist 4:

Advertisement Consent

Checklist 5: 

Householder Applications

Checklist 6: 

Non-material and Minor-material Amendments

1. Background to the Tyneside Validation List

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

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

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

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

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

2. Discretion

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

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

3. Review

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

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

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

 Newcastle, North Tyneside and Gateshead are Community Infrastructure Levy (CIL) charging authorities. Therefore CIL liable development in Newcastle, North Tyneside and Gateshead will be required to provide further information as part of the planning application (see Note 33).

4. Using the Checklists

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

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

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

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

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

 An additional publicity/consultation exercise may then need to be undertaken by the LPA on receipt of any additional or amended information. In such circumstances, LPAs are likely to seek approval from the applicant for an extension of time period for the determination of the application. This extension of time must be agreed in writing (an email will do) and it must provide the LPA with sufficient time to consider any third party representations made. Failure to provide the requested information alongside the extension of time may result in the application being determined on the information currently available and it may result in the application being refused. The Planning Portal webpage provides further information on the planning appeal process including appeals relating to the non-determination of an application by a LPA. Planning appeals are made to the Planning Inspectorate of central government.    

5. Pre-application Advice

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

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

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

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

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

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

6. Local planning authority contacts

Council

Phone

Email / Website

Gateshead Council

 (0191) 433 3150

enquiriesdevcon@gateshead.gov.uk 

www.gateshead.gov.uk

Newcastle City Council

(0191) 2787878

planning.control@newcastle.gov.uk

www.newcastle.gov.uk

 North Tyneside Council

(0191) 643 2310

 development.control@northtyneside.gov.uk 

North Tyneside Council website

South Tyneside Council 

(0191) 424 7421

planningapplications@southtyneside.gov.uk 

www.southtyneside.gov.uk/planning 

Appendix 1 - National and local validation requirement notes to accompany checklists

National Validation Requirements

1. Completed Application Form

Planning applications should be submitted by email/post directly to the relevant local planning authority or online via the Planning Portal or iApply websites.

The use of email and online systems are quick and easy to use. They allow various types of applications, under both planning and Building Control, to be submitted electronically. Applications submitted electronically do not need to be accompanied by any further copies either of the application or accompanying information. 

However, not all consent types may be submitted through the Planning Portal i.e. Applications for Permission in Principle and some Prior Approval Applications. Further information on the different types of applications that may be submitted electronically may be found at: https://www.planningportal.co.uk/info/200126/applications/60/consent_types

Applications may still be submitted in paper form, but this requires the completed application form and all supporting documents to be submitted in duplicate by post. You may download offline printable forms from the Planning Portal at:

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

When making your application all of the relevant questions on the form should be responded to, or the words “Not Applicable” or N/A should be inserted for clarity.  See: “4. Ownership Certificates” below with regard to certificates on the form.

It is very important that the description of development stated on the planning application form accurately describes the proposed development and that it correctly summarises the detail shown on the submitted plans. Otherwise your application may not be made valid and it may lead to delays due to the council having to re-notify / re-consult interested third parties.   

2. Location Plan

All applications must include copies of a location plan based on an up-to-date map.  This should be at an identified standard metric scale (1:1250 or 1:2500).  The location plan should identify sufficient roads and/or buildings on land adjoining the application site to ensure that the exact location of the application site is clear.  

The application site should be edged clearly with a red line.  It should include all land necessary to carry out the proposed development – for example, land required for access to the site from a public highway, visibility splays, landscaping, car parking and open areas around buildings. 

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

Your LPA may be able to sell you Ordnance Survey plans for this purpose.  Please contact your LPA for further advice.  Alternatively, there are a number of online sellers that can provide a location plan and some of these are listed on the Planning Portal website (see the Buy a Plan section). 

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

3. Site plan (existing and proposed)

All planning applications that include extensions or external ground works i.e. excluding applications for change of use where there are no external building works proposed should include existing and proposed site plans at a standard metric scale (typically 1:100 or 1:200).

The purpose of the site plan(s) is to enable the impact of the development to be assessed in terms of its site and immediate surroundings. The site plan(s) must show the direction north along with the proposed footprint of the development within the context of all existing buildings falling within 10 metres of the development.  The site plans should also provide written dimensions and distances from the elevations of the proposed development to both: i) The existing site boundaries and ii) The existing buildings falling within 10 metres of the development.

It is not necessary to show flower beds, shrubbery and other garden features on the site plans, where they would not be relevant to the planning assessment of the application, particularly in terms of the impact of the development upon its site and immediate surroundings. 

The following information should also be shown, unless these would not influence or be affected by the proposed development:

  • All the buildings, roads and footpaths on land adjoining the site including access arrangements;
  • All public rights of way crossing or adjoining the site;
  • The position of all existing trees on the site (including the canopy), and those on adjacent land;
  • The extent and type of any hard surfacing;
  • Boundary treatment including the type and height of walls or fencing.

4. Ownership certificates (A, B, C or D as applicable)

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

For this purpose an ‘owner’ is anyone with a freehold interest or a leasehold interest if the unexpired term of which is not less than seven years.

  • Certificate A must be completed when the applicant is the sole owner of the site. 
  • Certificate B must be completed when the applicant is not sole owner of the site but all of the owner(s) of the site are known. The applicant needs to serve written notice on the person(s) who, on the day 21 days before the date the application is submitted was an owner of any part of the land to which the application relates. A copy of this notice must be sent to the LPA (included in the planning application).
  • Certificate C must be completed when some of the owners of the site are known but not all. 

If Certificate C has been completed, written notice must be served on the known owners of the site in question in the same way as the procedure under Certificate B and a copy sent to the LPA with the planning application.  

There is also a requirement for the applicant to advertise the proposal in a local newspaper and this must not take place earlier than 21 days before the date of the application. 

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

If Certificate D has been completed, the applicant is required to give notice of the proposal in a local newspaper.  This must not take place earlier than 21 days before the date of the application and a copy of the notice must be included with the planning application.

5. Agricultural land declaration

All agricultural tenants on a site must be notified prior to the submission of a planning application. Applicants must certify that they have notified any agricultural tenants about their application, or that there are no agricultural tenants on the site.  The certificate is required whether or not the site includes an agricultural holding.  It is incorporated into the standard application form, and must be signed in order for the application to be valid.

No agricultural land declaration is required if the applicant is making an application for the approval of reserved matters, renewal of temporary planning permission, discharge or variation of conditions, tree preservation orders, listed building consent, a lawful development certificate, prior notification of certain developments with permitted development rights, a non-material amendment to an existing planning permission, or express consent to display an advertisement. 

6. The correct fee

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

The Planning Portal includes a fee calculator and a fee schedule for applicants, although each Local Planning Authority is able to advise applicants on specific cases and payment methods. These can be found at:

Note: For the purposes of fee calculation, floor space is taken to be the gross amount (all storeys, including basements and garaging) to be created by the development.  This is an external measurement, including thickness of external and internal walls.

7. Design and access statement (if required)

When is this required?

  • The provision of dwellinghouses where -
    1. the number of dwellinghouses to be provided is 10 or more; or
    2. the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the development falls within (i);
  • The provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; 
  • Development carried out on a site having an area of 1 hectare or more ( excluding minerals, mining or waste development applications)
  • In World Heritage Sites or in a conservation areas;
    1. the provision of one or more dwellinghouse
    2. the provision of a building (or extension) where the proposed floor space is more than 100 square metres;
  • Applications for listed building consent 

Where pre-application advice from the relevant Local Highways Authority has confirmed that a Design and Access Statement is required to deal with the transport and highways access issues associated with the development (see above paragraphs under the heading: v) ‘Pre-application Advice’).  

What information is required?

A Design and Access Statement sets out the design principles and concepts that have been applied to the development and how issues relating to access to the development have been dealt with alongside the need to design out crime and eliminate the fear of crime.

For planning applications they must:

  • Explain the design principles and concepts that have been applied to the development; 
  • Demonstrate the steps taken to appraise the context of the site and its surroundings and how the design of the development takes that context into account; 
  • Explain the policy adopted as to access, and how policies relating to access in relevant local development documents have been taken into account; 
  • State what, if any, consultation has been undertaken on issues relating to access to the development and what account has been taken of the outcome of any such consultation; and 
  • Explain how any specific issues which might affect access to the development have been addressed.
  • A description of any heritage asset affected, including any contribution made by their setting and the contribution made by the development to local character and distinctiveness
  • Explain how the application has taken into account existing crime in the area and how the development has been designed to both address issues of crime and minimise its impact on the safety and security of the area. 

For Listed Building Consent applications they must:

  • Explain how the design principles and concepts that have been applied to the works take account of:
    The special architectural or historic importance of the building;
    The particular physical features of the building that reflect and illustrate the significance of the building ;
    The building’s setting.

 Where appropriate a Design and Access Statement may also include a Heritage Statement (see requirement 16).

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

Outline Planning Applications

An outline planning application is a means of establishing the principle of a proposed development without having to supply all of the details.  The grant of outline planning permission will then be conditional upon the subsequent approval of details of ‘reserved matters’ – as defined below.

The Government has set down the minimum level of information that must be submitted with outline applications, as follows:-

  • Use – the use or uses proposed for the development and any distinct development zones within the application site.
  • Amount of development – the amount of development for each use.
  • Indicative access points – an area or areas in which access point or points to the site will be situated.

An outline application may also contain details and seek approval of one or more of the reserved matters, but at least one must be reserved for later approval. It should be noted that for an outline application it is necessary to indicate access points on the submitted plans even if access will be a reserved matter.

Whilst the outline planning application process allows the minimum level of information to be submitted to enable the application to be made valid, the LPA must then reach its planning decision on the application in line with its development plan and having had regard to any material planning considerations. The LPA may therefore require further information to be provided by the applicant in order to reach a favourable decision on the application. The application may be refused if the requested information has not been provided within the agreed timescales.

Therefore before submitting an outline planning application applicants are strongly advised to seek pre-application advice (see above paragraphs under the heading: v) ‘Pre-application Advice’). 

Any additional/indicative information submitted i.e. not form part of the completed planning application form, must be clearly marked as such otherwise this will lead to confusion in terms of the reserved matters being applied for.

Reserved Matters Applications

Reserved matters are defined by the government as follows:-

  • Layout – the way in which buildings, routes and open spaces are provided within the development and their relationship to buildings and spaces outside the development.
  • Scale – the height, width and length of each building proposed in relation to its surroundings.
  • Appearance – the aspects of a building or place which determine the visual impression it makes.  This includes the external built form of the development, its architecture, materials, decoration, lighting, colour and texture.
  • Access – the accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation and how these fit into the surrounding network.
  • Landscaping – this is the treatment of private and public space to enhance or protect the amenities of the site through hard and soft measures.  This may include, for example, planting of trees or hedges, screening by fences or walls, the formation of banks or terraces, or the layout of gardens, courts or squares.

Local validation requirements

 8. Application plans

When is this required?

  • Elevation plans should be submitted for all applications where external alterations are proposed;
  • Floor plans, Site Sections and Site Levels should be submitted for applications where this would be expected to add to the understanding of the proposal;
  • Roof Plans should be submitted where there is an alteration to an existing roof or otherwise where this is expected to add to the understanding of the proposal.

All plans/drawings submitted should be numbered (any amended plans will require a revision number and date).

 

What information is required?

 

All plans should be numbered.

 

  1. Existing and Proposed Elevations

 

The drawings of the elevations should be at a scale of 1:50 or 1:100 and all external sides of the proposal must be shown, along with the proposed building materials and the style, materials and finish of windows and doors where possible.  Where a proposed elevation adjoins another building/structure or is in close proximity the drawing should clearly show the relationship between the two buildings/structures and detail the positions of any openings on each property.  Proposed blank elevations must also be included if only to show that this is in fact the case.

 

  1. Existing and Proposed Floor Plans

 

The submitted drawings should be at a scale of 1:50 or 1:100 and should explain the proposal in detail.  Where existing buildings or walls are to be demolished, these should be clearly shown.  The proposed development should be shown in context with the site boundary and any existing adjacent buildings including property numbers/names where appropriate. 

 

Floor Plan drawings also need to clearly state the number of bedrooms and bed spaces the property will provide, to show the intended number of occupants the house has been designed to accommodate, and also as a statement indicating how the property will be marketed (i.e. a 3b/5p property).

 

North Tyneside Only: Please note that all applications for new build housing within North Tyneside must be accompanied by a statement to demonstrate compliance with Policy DM 4.9 of the North Tyneside Local Plan 2018. This Policy requires that all new houses must be compliant with the Government’s Nationally Described Space Standards and developments of 2 units or more also need to demonstrate compliance with M4(2) ‘Category 2 - accessible and adaptable dwellings’ of the Building Regulations.  The standards apply only to new houses and not to an extension of an existing house or to the material change of use affecting an existing house.

 

Gateshead and Newcastle Only: Nationally Described Space Standards policies  are likely to be adopted by  both Gateshead and Newcastle following adoption of their respective Development and Allocations Plans in late 2019/2020. Following adoption of these standards, and any the stipulated notice period for implementation of these policies,  applications for new build housing in Gateshead of 15 units or more  and in Newcastle of 11 units or more, must be accompanied by a statement to demonstrate compliance with the relevant Nationally Described Space Standards policy. The statement should contain  layouts (annotated in square metres) to demonstrate that all rooms within the property can; (a) comfortably accommodate the required basic items of furniture, and (b) provide enough circulation space for the intended occupants to safely navigate rooms and perform basic tasks. Bedroom dimensions should be provided to demonstrate compliance with the technical requirements of the NDSS. The gross internal area of the property should be provided to include all habitable rooms and all built-in spaces designed specifically for storage.

  

  1. Existing and Proposed Site Sections and Site Levels

 

Section drawings should be drawn at a scale of 1:50 or 1:100 showing how the proposed development relates to existing site levels and adjacent land (with levels related to a fixed datum point off site).

 

  1. Roof Plan

 

Both an existing and proposed roof plan drawn to a scale of 1:50 or 1:100 are required  in order to show the shape of the roof, its location and the proposed facing materials. 

 

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

 

  • Where multiple adverts are proposed a site plan to a scale of either 1:100 or 1:200 showing the direction of north, all buildings on site, and the position of the advert(s) with written dimensions and distances to the site boundaries as a minimum; 

 

  • Plans of the advert(s) to a scale of 1:50 or 1:100 showing their elevations, their size, position on buildings or land, height above ground level, extent of projection, sections, materials, colours and method of fixing; 

 

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

 

Advertisement consent applications may also include existing and proposed photomontages to supplement scaled plans.

 

9.       Affordable Housing Statement

When is this required?

 

All applications for housing development of 10 units or more. 

 

North Tyneside only: All applications for housing development of 11 dwelling units or more and gross internal area of more than 1,000 square metres .

 

South Tyneside only: All applications for housing development of 11 units or more in the urban fringe villages (Whitburn, Cleadon, East Boldon, West Boldon and Boldon Colliery), except where the total gross internal floorspace of the development is more than 1,000 sqm (i.e. affordable provision/contributions would still be required on sites of 10 dwellings or less where the total floor space exceeds 1,000 sqm) and 15 units or more in other locations, or housing development on sites of 0.5 ha or more. 

 

 

 

Re-Use and Demolition of Vacant Buildings

Government policy now means that a ‘financial credit’, equivalent to the existing floorspace of any vacant buildings brought back into any lawful use or demolished for redevelopment, should be deducted from the calculation of any (on-site or off-site) affordable housing contributions sought from relevant development schemes.  This does not, however, apply to vacant buildings that have been abandoned.  

 

Affordable housing contributions are only required in relation to any net increase in gross (internal) floorspace on the site – i.e. calculated based on the net additional new floorspace being built/created, having subtracted the amount of vacant floorspace on the site (at the time of the planning application being assessed and determined) that is to be re-used/converted or demolished.  An applicant should apply for this ‘vacant building credit’ at the time of submitting the planning application.  Further information on ‘vacant building credit’ can be found at:

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

 

What information is required?

 

This statement should clearly identify the following points:

 

  • Is affordable housing to be provided? If not then what is the justification?  (i.e. financial viability)
  • Will it be provided a) on site, b) off site or c) by way of financial contribution? If b) or c) why will it be provided in this way?
  • What type of units will be affordable (e.g. houses, apartments) and how many bedrooms will they have?
  • What type/tenure of affordable housing is being provided to ensure it meets NPPF requirement for 10% home ownership products and local plan policy? (e.g. social rented or intermediate - see Annex 2 Glossary of the NPPF)
  • How will the affordable housing be affordable to those on lower incomes or in receipt of housing benefit? 

 

For full or reserved matter applications, there should be clarification on the plans as to the location of the affordable units.

 

A Draft Heads of Terms for a Section 106 Agreement should also confirm the provision of affordable housing, its delivery and its retention in perpetuity.

 

Please seek pre-application advice from the Local Planning Authority for further details on what provisions would be required. 

 

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

 

Policy Background

 

Government policy or guidance:

 

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

 

  • National Planning Practice Guidance – Housing need assessment section.    

 

Development Plan:

 

Newcastle and Gateshead 

Core Strategy Policy CS11 Providing a Range and Choice of Housing 

 

South Tyneside

Core Strategy Policies: SC3, SC4 and SC5

Development Management Policies: DM4 and DM5

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

Site-Specific Allocations Policies: SA8, SA9 and SA10

Supplementary Planning Documents: SPD4, SPD5 and SPD9

 

North Tyneside

Local Plan (2017) DM4.7

 

10.  Air Quality Assessment

 

When is this required?

 

The following criteria are provided to help establish when an air quality assessment is likely to be considered necessary, but they are by no means exhaustive:

 

  • Where a development would lead to a minimum 5% increase in traffic within an Air Quality Management Area (AQMA), Clean Air Zone (CAZ) or 10% elsewhere;
  • Where the Average Annual Daily Traffic (AADT) would exceed 10,000 vehicles (or 5,000 if narrow and congested);
  • Where a development would increase the number of Heavy Goods Vehicle journeys by more than 200 per day;
  • Where there would be an increase of 50 parking spaces within an AQMA or 100 spaces elsewhere;
  • Major development (10 dwellings or more/1,000square metresfloorspace) within or adjacent to an AQMA or CAZ;
  • Development in excess of 100 dwellings or 10,000square metresfloorspace (or an equivalent combination);
  • Where a development would include Biomass boilers or a Combined Heat and Power Plant;
  • Proposals for industrial processes where there are direct emissions to the air.

 

Air quality may require consultation with the statutory consultees e.g. Highways England and pre-application advice, particularly in terms of clarifying the level of information that would be required, is therefore encouraged to avoid any delays in the determination of the application (see above paragraphs under the heading: v) ‘Pre-application Advice’). 

 

The LPA are likely to seek the comments of relevant statutory consultees on the air quality assessment before reaching a decision on the planning application.  

 

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

 

What information is required?

 

The purpose of an air quality assessment is to demonstrate the likely changes in air quality or exposure to air pollutants, as a result of a proposed development.  There are three basic steps in an assessment:

 

  • Assess the existing air quality in the study area (existing baseline);
  • Predict the future air quality without the development in place (future baseline);
  • Predict the future air quality with the development in place (with development).

 

The report should also contain the following information:

 

  • Relevant details of the proposed development;
  • Description of the relevant air quality standards and objectives;
  • Details of the assessment methodology and input data including: traffic data; emissions data; meteorological data; baseline pollutant concentrations; other relevant parameters;
  • Results of the modelling assessment and an assessment of the significance of the result;
  • Summary of the assessment results, which should include: impacts of construction phase of development; impact that change in emissions will have on ambient air quality concentrations; any exceedance of air quality objectives or worsening of air quality; a verification of the model outputs; any impacts upon sensitive ecological habitats vulnerable to deposition from increased emissions to air. Sensitive habitats may experience nutrient enrichment and eutrophication from increases to deposition from oxides of nitrogen and sulphur, or smothering from increased particulate matter emissions and subsequent deposition.  
  • For developments with a potential impact on the strategic highway road network Highway England should be contacted

 

Where a local authority has adopted an Air Quality Action Plan or Air Quality Strategy, the assessment should detail whether any of the actions contained within these will be directly compromised or rendered ineffective by the development.

 

Policy Background

 

Government Policy or Guidance

 

         National Planning Policy Framework – paragraph 181

 

•  National Planning Practice Guidance –  Air quality chapter 

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS14 

 

Gateshead

Unitary Development Plan Policy DC1 (h)

 

South Tyneside

Core Strategy Policy EA5

Development Management Policy DM1

 

North Tyneside

Local Plan (2017) DM5.19

 

Area specific requirements and further information:

 

 

 

11.    Archaeological Assessments 

When is this required?

 

Archaeological desk based assessment

 

  • Proposals on or near Scheduled Ancient Monuments;
  • Developments along the Hadrian's Wall corridor or within the vicus (civilian settlement) of the Roman Forts (Newcastle, Benwell, Wallsend and South Shields);

 

  • Greenfield sites of 1hectare or more in size.

 

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

 

Archaeological Evaluation Report (field walking, earthwork survey, geophysical survey and/or trial trenching)

 

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

 

  • Proposals affecting Scheduled Ancient Monuments;
  • Developments along the Hadrian's Wall corridor or within the vicus (civilian settlement) of the Roman Forts (Newcastle, Benwell, Wallsend and South Shields);
  • Proposals affecting sites identified on the Tyne & Wear Historic Environment Record;
  • Greenfield sites of 1 hectare or more in size.

 

Archaeological Building Assessment and Recording

 

  • Proposals on or adjacent to sites identified on the Tyne & Wear Historic Environment Record;
  • Applications for the demolition, substantial repair or alteration of historic buildings (19th century or earlier), and other listed buildings, locally listed buildings and unlisted buildings within a Conservation Area. The types of building which warrant assessment include churches, farms, houses, industrial buildings, public houses and schools;
  • Proposals affecting buildings or structures identified on the Tyne & Wear Historic Environment Record.

 

What information is required?

 

Archaeological desk based assessment

 

The County Archaeologist will provide a specification for the desk based assessment for the applicant which sets out what is required.

 

The assessment must be produced by an experienced professional archaeologist.  The archaeological desk based assessment is an assessment of the known or potential archaeological resource within and around the development site.  It consists of a collation of existing written, graphic, photographic and electronic information in order to identify the likely character, extent, quality and worth of the known or potential archaeological resource within the development site.  The Local 

 

The LPA will use the assessment to appraise the likelihood that archaeological features survive within the site and to determine if further archaeological fieldwork is required.

 

Archaeological Evaluation Report (field walking, earthwork survey, geophysical survey and/or trial trenching)

 

The County Archaeologist will provide a specification for the evaluation for the applicant which sets out what is required.

 

The evaluation must be undertaken by an experienced professional archaeologist. Archaeological field evaluation is a limited programme of fieldwork which determines the presence or absence of archaeological features, structures, deposits, artefacts or eco-facts within the development site. It can take the form of field walking, geophysical survey and trial trenching.

 

Where remains are present the field evaluation defines their character, extent, quality and preservation and enables an assessment of their significance.

 

Archaeological Building Assessment and Recording

 

Standing buildings, structures and complexes form part of the archaeological resource and should be treated in an equivalent manner to other parts of the resource.

 

The County Archaeologist will provide a specification for the building assessment and recording for the applicant which sets out what is required.

 

The assessment and recording must be undertaken by an experienced professional archaeologist or buildings historian. This is a programme of work to establish the character, history, dating, form and archaeological development of a specified building, structure or complex and its setting.

 

The purpose of the recording is not only to provide an archive record of the building as it is, but also to advise the proposed scheme by identifying those parts of the building which are most significant and should be retained in the conversion process. It will be used to formulate a strategy for the conservation, alteration, demolition, repair or management of a building and to seek a better understanding, compile a lasting record, analyze the findings and then disseminate the results.

 

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

 

Policy Background

 

Government policy or guidance:

 

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS15

 

 

Newcastle

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

 

Gateshead

Unitary Development Plan Policies ENV21, ENV22 and ENV23

 

South Tyneside

Core Strategy Policies EA1 and EA4

Development Management Policy DM6

Area Action Plan Policies SS12, J10 and H9

 

North Tyneside

Local Plan (2017) DM6.7

 

Area specific requirements and further information:

 

 

12.  Coal Mining Risk Assessment / Mineral Safeguarding

 

When is this required?

 

This is normally only required for development in Coal Mining Development High Risk Areas with the exception of householder extensions or alterations, changes of use and shop front alterations. A link is attached below to the map showing these areas.

 

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

 

What information is required?

 

There is a legacy of past coal mining activity in the region.  In order to ensure coal mining related land stability issues are assessed in planning applications, a Coal Mining Risk Assessment is required.  The Coal Mining Risk Assessment should be prepared by a competent person and should address the following issues:

 

  1. Site specific coal mining information

Including past/present/future underground mining, shallow coal workings (recorded or probable), mine entries (shafts and adits), mine gas, current licensed areas for coal extraction, any geological features, any recorded surface hazards, past/present surface mining sites (past sites may have used the old style opencast extraction methods);

 

  1. Identify what risks these coal mining features including cumulative effects pose to new development;

 

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

layout) and what mitigation measures will be required to manage those issues and/or whether any changes have been incorporated into the development proposals, and

 

  1. Confirm whether the prior written permission of the Coal Authority will be required for the site investigation and/or mitigation works and indicate when this permission will be sought.

 

 

Where an application site exceeds 1 hectare in area and the proposals are for non-mineral development a report will be required to deal with the potential sterilisation of mineral resources 

 

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

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 15 
  • National Planning Practice Guidance – Land stability section

 

Development Plan

 

Newcastle and Gateshead

Core Strategy Policy CS14, CS18

 

Gateshead

Unitary Development Plan Policy DC1 (p)

 

South Tyneside

Development Management Policies DM1, DM8 and DM9 

 

North Tyneside

Local Plan (2017) DM5.18

 

Area specific requirements and further information:

 

•  Coal Authority planning service can be found at:

         https://www.gov.uk/guidance/planning-applications-coal-mining-risk-assessments                       •  Maps of Coal Mining Development High Risk Areas.

https://www.gov.uk/government/collections/coalfield-plans-for-local-pla…

 

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

When could either of these be required?

 

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

 

  • Permanent agricultural buildings;
  • Buildings with weather boarding, wooden cladding and/or hanging tiles within 200 metres of   woodland or water;
  • Pre-1960 buildings within 200 metres of woodland or water and pre-1919 buildings within 400 metres of woodland or water; buildings/structures of any age within or immediately adjacent to woodland and/or water;
  • Tunnels, mines, kilns, ice houses, adits, military fortifications, air raid shelters, cellars and similar underground ducts and structures;
  • Bridges, aqueducts and viaducts;
  • Buildings known to support roosting bats.

 

 

Applications that would include the following:

 

  • Floodlighting within 50 metres of woodland, water or hedgerows / lines of trees with an obvious connection to woodland or water;
  • Works to fell or lop veteran trees, trees with obvious cracks, holes and cavities, or trees with a diameter greater than a metre at chest height;
  • Major proposals within 500 metres of the perimeter of a pond, or 200 metres of rivers, streams, canals, lakes or other aquatic habitats such as wetlands;
  • Minor proposals within 100 metres of a pond or adjacent to rivers, streams, canals, lakes or other aquatic habitats such as wetlands;                Proposals for wind turbines.

 

Applications affecting:

 

  • Woodland, or hedgerows / lines of trees with an obvious connection to woodland or water; •  Gravel pits, quarries, natural cliff faces, or rock outcrops with crevices or caves;
  • European protected sites or candidate sites: Special Protection Area (SPA) / Ramsar Site, Special Area of Conservation (SAC);
  • Site of Special Scientific Interest (SSSI); 
  • Local Wildlife Sites (LWS); 
  • Local Nature Reserve (LNR)
  • Wildlife Corridors; 
  • Site of Local Conservation Interest (SLCI);
  • Priority habitats as defined in the UK Biodiversity Action Plan (BAP) (Refer to Local BAPs and      the Natural Environment and Rural Communities Act); •  A semi-natural habitat.

 

Exceptions:

 

A survey assessment & mitigation report may be waived if:

 

  • Following consultation at the pre-application stage, it is confirmed in writing by the Council that a survey/report is not required;
  • A reasoned risk assessment, undertaken by a suitably qualified ecologist, is submitted demonstrating that no protected species are present, or that none would be adversely affected by the proposal;

 

Please seek pre-application advice from the Local Planning Authority for clarification on when a survey or Habitat Regulation Assessment screening opinion (see below) would be required.  

 

What information is required? 

 

Where a development has the potential to impact on priority and protected habitats or species e.g. bats or Great Crested Newts, appropriate surveys and assessments will be required with the application.  Mitigation measures to negate harm may be required along with evidence of lack of alternative sites.  The level of detail will vary according to the size of the development and the habitats and species concerned. 

 

It should be noted that species associated with some designated sites receive protection outside of the designated boundary – for example land outside of the site boundary where birds associated with Special Protection Areas are found to be feeding or roosting would be considered ‘functional land’. This would receive the same protection as land within the designated site and so the same expectation for avoidance and mitigation measures to be put in place would exist. 

 

An Ecological Survey should contain the following information:

 

  • Up-to-date information of habitats on site and links to habitats off site;
  • Species present or likely to be present;
  • Records search, likely impacts, mitigation and opportunities for enhancement.

 

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

 

Where protected or priority species are known or have a reasonable likelihood of occurring, a detailed Protected Species Survey must be carried out by a suitably qualified and experienced ecological specialist. Failure to provide information on protected species at the outset can significantly delay the processing of your planning application whilst a survey is carried out, and could result in a need for design and layout changes that should have been taken into account in the original proposal. 

 

Please note certain surveys can only be undertaken at certain times of the year.  For further details please contact the Local Planning Authority at pre-application stage.

 

Where a development could impact upon a European Protected Site or candidate site a Habitat Regulation Assessment (HRA) will be required The HRA is an overall assessment process, which involves a number of stages including screening and Appropriate Assessment.  The process seeks to identify any potential ‘likely significant effects’ (LSE) which may impact upon the designated site, either alone or in-combination with other plans and projects.  

 

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

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 15 
  • National Planning Practice Guidance – Natural environment section

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS18

 

Newcastle

Unitary Development Plan Policies NC1.1, NC1.2, NC1.3 (in part), NC1.4, NC1.5, NC1.6 and NC1.7 

          

Gateshead

Unitary Development Policies DC1 (d), ENV44, ENV46, ENV47, ENV48, ENV49, ENV50 and ENV51

 

South Tyneside

Core Strategy Policies ST1, EA1 and EA3

Development Management Policies DM1 and DM7

Area Action Plan Policies SS13 and J11

Interim Supplementary Planning Document 23 – Mitigation Strategy for European Sites https://www.southtyneside.gov.uk/article/36021/Supplementary-Planning-Documents    

 

North Tyneside

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

 

Area specific requirements and further information:

 

 

 

  • Northumberland Biodiversity Action Plan

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

 

 

14.  Habitat Regulations Assessment

The European Union (EU) Habitats Directive protects certain species of plants and animals which are particularly vulnerable. The Directive specifically relates to Special Protection Areas (SPAs), Special Areas of Conservation (SACs) and Ramsar sites known as Natura 2000 sites. The UK

Habitats Regulations are used to implement the EU Directive and require a Habitats Regulations Assessment (HRA). The process of HRA involves an initial ‘Screening’ stage followed by an Appropriate Assessment (AA) if proposals are likely to have a significant (adverse) impact on a Natura 2000 site.

 

Information on the reasons for which European Sites are designated may be obtained at Natural England’s Designated Sites View website: https://designatedsites.naturalengland.org.uk/

 

Further information may be obtained from Natural England:

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

 

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

Mitigation Strategy for European Sites (Recreational Pressure from Residential Development) March 2018 is applicable to residential development where the development proposal is for 10 units or more and falling within a distance of 6km from the European designated coastal sites.

 

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

 

 

 

 

 

 

 

15.  Flood Risk and Drainage Assessments

 

Flood Risk Assessment 

 

When is this required?

 

All planning applications for:

 

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

& 3;             http://www.environment-agency.gov.uk/research/planning/93498.aspx •    Development on sites of 1hectare or greater;

 

  • Development or changes of use to a more vulnerable class that may be subject to other sources of flooding (see relevant section of National Planning Practice Guidance on Flood

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

  • Development on sites of 0.5 hectare or more within a local authority’s own identified critical drainage area.

 

What information is required?

 

For both residential extensions and non-residential extensions of less than 250 square metres in a local authority identified critical drainage area and Flood Risk Zones 2 and 3, a simple flood risk assessment is required using the link below: 

 

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

  

Otherwise, a Flood Risk Assessment should identify and assess the risks of all forms of flooding to and from the development and demonstrate how these flood risks will be managed, taking climate change into account.

 

A Flood Risk Assessment should include the following information:

 

Zone 1

 

  • Existing flood risk to the site from localised sources & impact of development upon run off rates;
  • Design measures proposed to mitigate run off rates (SUDS).

 

Zone 2

 

  • Existing flood risk to the site from all sources & potential impact of development upon flood risk only (High level assessment only);
  • Design measures proposed to mitigate risk of flooding, and their impact (details should    include floor levels, ground levels, evacuation routes, SUDS.

 

Zone 3

 

  • Existing flood risk to the site from all sources (e.g. flood depth, flow routes, flood velocity, defence failure);
  • Potential impact of development upon flood risk;
  • Design measures proposed to mitigate risk of flooding, and their impact (details         should include floor levels, ground levels, evacuation routes, SUDS).

 

Applications for new development in Flood Zones 2 and 3 should contain a sequential testing statement (except for householder extensions, non-residential extensions of less than 250 square metres or renewable energy proposals) which should demonstrate to the local authority that there are no reasonably available alternative sites where the proposed development could be sited within an area of lower flood risk. It is recommended that applicants consider and apply the sequential approach prior to the submission of a full application to avoid unnecessary costs due to planning permission being refused.

 

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

 

  • A written statement explaining the area of search;

 

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

 

  • A written statement explaining why the alternative sites listed within lower areas of flood risk are not reasonably available.

 

However, if the sequential test is passed there are still some vulnerable types of development    that should not normally be allowed in Flood Zones 2 and 3 unless there are exceptional circumstances.  These circumstances are established by using the Exception Test. More  information on this can be found at the relevant section of National Planning Practice Guidance on Flood Risk and Coastal Change - http://planningguidance.planningportal.gov.uk/blog/guidance/flood-risk-and-coastal-change/)

 

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

 

  • It must be demonstrated that the proposed development provides significant wider   sustainability benefits to the community that outweighs flood risk;             •    The development must be on previously developed land;

 

  • A Flood Risk Assessment submitted with the application must demonstrate that the development will be safe without increasing flood risk elsewhere and where possible reduce flood risk overall.

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 14

 

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

 

 

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS17 Flood Risk and Water Management 

 

Gateshead

Unitary Development Plan Policy DC1 (j)

 

South Tyneside

Core Strategy Policies ST2, EA2 and EA5

Area Action Plan Policies SS13 and J11

Development Management Policy DM1

 

North Tyneside

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

 

Area specific requirements and further information:

 

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

 

Drainage Assessment – Surface Water 

 

When is this required? 

 

All major development as defined by the Town and Country Planning (Development Management Procedure) (England) Order 2015 

 

What information is required? 

 

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

 

Non Statutory technical standards for sustainable drainage systems March 2015 

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

 

LASOO Non Statutory technical standards for sustainable drainage systems Practice Guidance  Sustainable drainage systems: non-statutory technical standards - GOV.UK (www.gov.uk)

 

Information needs to be submitted to evidence all surface water shall be managed for the development. The drainage hierarchy is:

 

  1. Infiltration 
  2. Watercourse
  3. Surface water sewer
  4. Combined sewer

 

It requires infiltration systems to be investigated before controlled attenuation discharge to watercourse is considered. Only then if these forms of flood attenuation are not possible should developments consider surface water and eventually combined sewer means of surface water drainage.

 

For greenfield developments, the peak runoff rate from the development to any highway drain, sewer or surface water body for the 1 in 1 year rainfall event and the 1 in 100 year rainfall event should never exceed the peak greenfield runoff rate for the same event.

 

For developments which were previously developed, the peak runoff rate from the development to any drain, sewer or surface water body for the 1 in 1 year rainfall event and the 1 in 100 year rainfall event must be as close as reasonably practicable to the greenfield runoff rate from the development for the same rainfall event, but should never exceed the rate of discharge from the development prior to redevelopment for that event.

 

  1. Infiltration

 

If the development discharges to an existing soakaway, evidence that it has sufficient capacity to cater for any additional flow must be submitted. Evidence which verifies the condition of the soakaway may also be requested.

 

Where new infiltration assets are proposed, percolation tests should be undertaken in accordance with the testing method set down in BRE 365. The results of such tests should be included in the Drainage Assessment. Infiltrations systems must be designed with sufficient capacity to accommodate a critical rainfall event of 1:100 year 

 

+ 40% allowance for climate change. Supporting calculations should be included in the Drainage Assessment and form part of the planning application.

 

  1. Discharge to watercourse

 

The existing greenfield run off rate for the site should be calculated. Attenuation systems should be designed to accommodate a critical rainfall event of 1:100 year + 40% allowance for climate change. 

 

Written consent, in principal, must be obtained from either the EA or LLFA if the point of discharge is to an ordinary watercourse or main river. Supporting calculations should be included in the Drainage Assessment.

 

  1. Discharge to sewer

 

It should be noted that in most circumstances surface water is not permitted to be connected to the public combined or foul sewers. Only where there is no other feasible option will this be considered and where it can be proved that all other options have been explored. Evidence will need to be submitted which confirms the outcome of the other investigations undertaken and reasons why discharge the sewer is the only feasible option.

 

Written evidence from Northumbrian Water Ltd or the owner of the sewer will also be required that confirms that the proposed development can be connected to the water sewer network. Confirmation of the agreed discharge rate must be supplied. 

 

For all approaches to drainage the following will be required:

 

 

    • Detailed design drawings - layout of drainage network, details of drainage features including SUDS components (if applicable), inlets and outlets and flow controls.  

 

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

 

    • Construction details and planning including phasing of development and Construction Management Plan (refer to CIRIA guidance – Construction Method Statements RP992/22 or update) and The SuDS Manual (C753).

 

    • SUDS Management Plan should set out ownership and management of SUDS components and maintenance requirements over the lifetime of the development.  This should include the maintenance plan setting minimum standards of maintenance over the lifetime, integrating with other green infrastructure and long term funding plan (including annual charges and replacement of SUDS) (refer to CIRIA guidance on maintenance plan RP992/21 or update) and The SuDS Manual (C753).

 

    • Details of the proposed management and maintenance of the drainage system. 

 

Policy Background

 

Government policy or guidance:

 

    • National Planning Policy Framework – Chapter 14

 

    • National Planning Practice Guidance – Flood Risk and Coastal Change section 

 

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS17 Flood Risk and Water Management 

 

Gateshead

Unitary Development Plan Policy DC1 (j)

 

South Tyneside

Core Strategy Policies ST2, EA2 and EA5

Area Action Plan Policies SS13 and J11

Development Management Policy DM1

 

North Tyneside

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

 

Area specific requirements and further information:

 

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

 

 

 

 

 

 

 

Drainage Assessment – Foul Water 

 

When is this required?

 

All major development as defined by the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

What information is required?

 

Confirmation that capacity exists both on and off site in the sewerage network to serve the proposed development. Where capacity doesn't exist the assessment should include information on what infrastructure needs to be upgraded and how this upgrade will be delivered.

 

If an application proposes to connect a development to the existing drainage system then details of the existing system should be shown on the application drawing(s).

 

Where the development involves the disposal of trade waste or the disposal of foul sewage effluent other than to the public sewer, then a fuller foul drainage assessment will be required including details of the method of storage, treatment and disposal. A foul drainage assessment should include a full assessment of the site, its location and suitability for storing, transporting and treating sewage. Where connection to the mains sewer is not practical, then the foul/nonmains drainage assessment will be required to demonstrate why the development cannot connect to the public mains sewer system and show that the alternative means of disposal are satisfactory.

 

If the proposed development results in any changes/replacement to the existing system or the creation of a new system, scale plans of the new foul drainage arrangements will also need to be provided. This will include a location plan, cross sections/elevations and specification.

 

Policy background

 

Government policy or guidance:

National Planning Policy Framework – Chapter 14 

 

National Planning Practice Guidance – Flood risk and coastal change section 

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS17 Flood Risk and Water Management 

 

Gateshead

Unitary Development Plan Policy DC1 (j)

 

South Tyneside

Core Strategy Policies ST2, EA2 and EA5

Area Action Plan Policies SS13 and J11

Development Management Policy DM1

 

North Tyneside

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

 

Area Specific requirements and further information: 

 

Northumbrian Water Limited Water Developer Services on telephone number 0345 733 5566 or visit https://www.nwl.co.uk/services/developers/water-services/

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

 

16.  Heritage Statement

 

When is this required?

 

A Heritage Statement is required for:

 

  • Listed Building Consent applications;
  • Major planning applications within or otherwise affecting conservation areas; 
  • Planning applications for developments within conservation areas, including demolition,

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

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

 

What information is required?

 

A Heritage Statement could form part of a more comprehensive Design and Access Statement (see also requirement 7), where this is also needed.

 

A Heritage Statement will describe the significance of any heritage assets affected, including any contribution made by their setting.  The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance.  As a minimum the relevant historic environment record should have been consulted and the heritage assets assessed using appropriate expertise, where necessary. 

 

Works to a Listed Building

 

Applications for Listed Building Consent may need to, as appropriate, include some or all of the following elements within the Heritage Statement:

 

  • A schedule of works to the listed building, and an analysis of the impact of these works on the significance of the archaeology, history, architecture and character of the building/structure along with a statement explaining the justification for the proposed works and principles which inform the methodology proposed for their implementation;
  • Contextual and detailed photographs of the buildings/structure as existing to illustrate any features which are proposed to be altered or removed;
  • Where reinstatement of lost or damaged features is proposed historic evidence to support the detail of reinstatement should be provided where possible i.e. historic plans or photographs;
  • For any alterations, replacement, or installation of features such as windows, doors and shopfronts, elevation plans and sectional drawings to a scale of 1:20 or less.  Further details of features such as architrave, cills, horns, glazing bars, lintels, transom, mullions, panelling, mouldings, meeting rails etc. may need to be at a scale of 1:5 or less;
  • A detailed specification for all proposed materials including, where appropriate samples;
  • Photomontages illustrating the proposed works in context.

 

Planning Applications for development within Conservation Areas

 

For developments including or solely for demolition, the statement should assess the contribution that the building in question makes to the character and appearance of the conservation area and provide justification for demolition. 

 

For planning applications within conservation areas the statement should address how the proposal has been designed to have regard to the character and/or appearance of the conservation area and to explain how the proposal enhances or preserves the character or appearance of the conservation area.  Appropriate photographs should accompany the appraisal.

 

Applications affecting the setting of heritage assets

 

For applications impacting on the setting of heritage assets a written statement that includes plans showing historic features that may exist on or adjacent to the application site including listed buildings and structures, locally listed buildings and structures, historic parks and gardens, historic battlefields and scheduled ancient monuments and an analysis of the significance of archaeology, history and character of the building/structure, the principles of and justification for the proposed works and their impact on the special character of the listed building or structure, its setting and the setting of adjacent listed buildings may be required.

 

The scope and degree of detail necessary in the appraisal will vary according to the particular circumstances of each application.  Applicants are advised to discuss proposals with a planning officer and/or a conservation officer before any application is made.

 

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

 

Policy Background

 

Government policy or guidance:

 

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policies CS15, UC13 and UC14 

 

Newcastle

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

 

Gateshead 

Unitary Development Plan Policies ENV7, ENV8, ENV9, ENV10, ENV11, ENV12, ENV14, ENV15, ENV16, ENV17, ENV18 and ENV19

 

South Tyneside

Core Strategy Policies EA1 and EA4

Development Management Policy DM6

Area Action Plan Policies SS12, J10 and H9

Supplementary Planning Documents 10-21

 

North Tyneside

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

 

17.  Land Contamination Assessment

 

When is this required?

 

All new development with a sensitive end use (including dwellings, allotments, schools, nurseries, playgrounds, hospitals and care homes) require a minimum of a Phase 1 Land Contamination Assessment (often referred to as a Preliminary Risk Assessment) to be submitted.  Also new development on land that has been identified on the public register as being contaminated or land that is adjacent requires a Phase 1 Assessment will be required as a minimum.

 

What information is required?

 

The Phase 1 Land Contamination Assessment should include a desktop study, site walkover and a conceptual site model. For single home development a screening assessment form can be used as a basic contamination assessment.

 

The purpose of a Phase 1 Land Contamination Assessment is to establish the previous uses of the land under consideration or land adjacent to it, and to initially identify potential sources of contamination, receptors and pathway that could be risks to human health, surface or ground waters, buildings or protected species (the receptors).  

 

As part of the desktop study and site walkover it is important to identify all past uses of the site, and adjacent or nearby sites, since pollutants have the potential to travel away from the source, depending on the geology, groundwater and surface water of the area. 

 

The desktop study and the site walkover should be the first stages of any site assessment and should enable a 'conceptual site model' of the site to be produced that provides a clear interpretation of all plausible pollutant linkages at the site.  Off-site sources and receptors should also be considered.

 

The Phase 1 Land Contamination Assessment compiled following the completion of the conceptual model will determine whether a Phase 2 Intrusive Site Investigation is required. 

 

Where significant contamination is known or is likely to be present, it may be necessary to carry out some site investigations before the submission of an application, as significant contamination may limit the allowable land uses.

 

Some sites which are potentially contaminated may also be of archeological interest and therefore co-ordination is desirable to prevent site investigation in relation to the former adversely affecting the latter.

 

Please seek pre-application advice from the Local Planning Authority to address potential pollution matters early in the planning process.

 

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

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 15 
  • National Planning Practice Guidance – Land affected by contamination section

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS14 

 

Newcastle

Unitary Development Plan Policy POL6

 

Gateshead

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

 

South Tyneside

Core Strategy Policies EA5 and EA6

Development Management Policies DM1 and DM8-DM9

Area Action Plan Policies SA11-SA12

 

North Tyneside

Local Plan (2017) DM5.18

 

Area specific requirements and further information:

 

  • Environment Agency website:

         https://www.gov.uk/government/collections/land-contamination-technical-guidance

 

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

 

 

 

18.  Landscaping Details

 

When is this required?

 

Planning applications (except those for the change of use or alteration to an existing building), where landscaping would be a significant consideration in the assessment of the application.

 

What information is required?

 

The submitted scheme shall, as applicable, include: existing trees, shrubs and other landscape features (indicating which are to be retained and which removed); planting plans, specifications and schedules; existing and proposed levels and contours; means of enclosure, walls, retaining walls and boundary treatment; paving and other surface treatment including car parking and circulation layouts; items of landscape furniture, equipment, storage, signage, and lighting; services and drainage; location of site cabins and compounds. The location of any watercourse and associated landscaping as existing and proposed should also be shown.  These details should be cross-referenced with the Design and Access statement where submitted.

 

Existing trees and other vegetation of amenity value should, wherever possible, be retained in new developments and will need to be protected during the construction of the development. Landscape schemes should aim to priorities native species of local provenance in their design.

 

Development may present opportunities to protect and enhance locally valued landscapes

(including any local landscape designations) and opportunities for biodiversity net gain. Landscape design should consider local landscape features or characteristics which could be incorporated into the development in order to respect and enhance local landscape character and distinctiveness, in line with any local landscape character assessments. Where the impacts of development are likely to be significant, a Landscape & Visual Impact Assessment should be provided with the proposal to inform decision making. The Landscape Institute Guidelines for Landscape and Visual Impact Assessment provide further guidance: https://www.landscapeinstitute.org/technical/glvia3-panel/

 

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

 

Policy Background

 

Government policy or guidance:

 

•  National Planning Policy Framework – Chapter 12

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policies CS15, CS18 and CS20

 

Newcastle

Unitary Development Policy EN3 

 

Gateshead

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

 

South Tyneside

Core Strategy Policy SC6

Development Management Policy DM1

Area Action Plan Policies SS10, J8 and H7 

Site Specific Allocations Development Plan Document Policy SA7 

Supplementary Planning Document 3

 

North Tyneside

Local Plan (2017) DM5.9

 

Area specific requirements and further information:

  • BS 4428:1989: Code of practice for general landscape operations (excluding hard surfaces) BS8545:2014 Trees: from nursery to independence in the landscape
  • BS 7370-1 to BS 7370-5: Grounds maintenance.

 

19.  Marketing Information

 

When is this required?

 

Planning applications for:

 

  • Conversion to residential use of rural buildings, including in the Green Belt or Safeguarded Land as allocated in the development plan; 
  • Change of use from retail to other uses in town centre primary shopping frontages;
  • Non B1 (Business), B2 (General Industrial) and B8 (Storage or Distribution) uses on land allocated for such purposes in the development plan;
  • Demolition of listed and locally listed buildings and buildings in conservation areas.

 

With regard to the first three bullet points marketing information will not always be required and the need for such evidence should be clarified with the Local Planning Authority at pre-application stage including the scope of the marketing exercise and timescales.

 

What information is required?

 

It should be demonstrated that the property/land has been advertised for sale or lease on the open market for uses appropriate to the use allocated in the development plan.  Details of the marketing and all offers received, if applicable, should be submitted along with a written assessment.

 

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

 

Policy Background

 

Government policy or guidance:

 

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

 

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

 

Development Plan:

 

Newcastle

Unitary Development Plan Policy C2.1

 

Gateshead

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

 

South Tyneside

Core Strategy Policy E1

Development Management Policy DM2

 

North Tyneside

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

 

 

 

20.  Noise Assessment

 

When is this required?

 

A noise impact assessment prepared by a suitably qualified acoustician should support applications that raise issues of disturbance, or are considered to be noise sensitive developments.  Noise survey/sound insulation details may be required for the following types of application:

 

  • Changes of use to Class A3 (restaurants, snack bars, cafes), A4 (nightclub), A5 (takeaways), D1 (places of worship, church halls, clinics, health centres, crèches, day nurseries, consulting rooms), D2 (cinemas, music, concert halls, dance, sports halls, swimming baths, skating rinks, gymnasiums, other indoor and outdoor sports and leisure uses, bingo halls and casinos);
  • New residential development adjacent to the strategic road network (i.e. trunk roads or motorways under the control of Highways England) or classified roads (forming part of the local highway network under the control of the Local Highways Authority, or adjacent to railway or metro lines, the airport, or existing industrial uses (except Class B1); •  New residential development near to licensed premises and cultural venues;
  • New industrial development close to existing residential development.
  • Minerals and waste development
  • Energy generation development

 

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

 

What information is required?

 

A noise impact assessment prepared by a suitably qualified acoustician should support applications that raise issues of disturbance or are considered to be noise sensitive developments.  Sound insulation details may be required for the types of application named in the above list.

 

The Noise Impact Assessment should outline the potential sources of noise generation, and how these may have a negative effect on local amenity and environmental receptors particularly on sites in close proximity to nationally and internationally designated sites.  The assessment should also outline how the developer intends to overcome these issues. For developments likely to be affected by noise associated with the strategic road network, please contact Highways England for details of its noise assessment requirements.

 

Environmental receptors should be identified as a feature that requires consideration in a noise assessment, particularly industrial or port developments in close proximity to nationally and internationally designated sites.  

 

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

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 15 
  • The Calculation of Road Traffic Noise (DEFRA, 1988)
  • The Calculation of Railway Noise (Department of Transport, 1995)
  • National Planning Practice Guidance – Noise section
  • The Noise Policy Statement for England ( Department for Environment, Food & Rural Affairs, 2010)

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS14 

 

Newcastle

Unitary Development Plan Policies Development Control Policy Statement 22, POL7, POL8, POL9 and POL11              

 

Gateshead 

Unitary Development Plan Policies DC1 (h), DC2 (a), DC2(c), ENV61, ENV62, MWR2, MWR25 and MWR32 (e)

 

South Tyneside

Development Management Policy DM1

 

North Tyneside

Local Plan (2017) DM5.19

 

Area specific requirements and further information:

 

  • The International Standard for Assessment of Environmental Noise ISO 1996;
  • Acoustics – Description and Measurement of Environmental Noise" is the principal standard referred to for environmental noise assessment;
  • BS 4142 – Method for rating and assessing industrial and commercial sound (British Standards Institution 2014);
  • BS 8233 – Code of Practice for Sound insulation and noise reduction for buildings; (British Standards Institution 2014)
  • World Health Organisation Guidelines for Community Noise (1999)
  • World Health Organisation Night Noise Guidelines for Europe (2009);
  • ProPg: Planning and noise - Professional Practice Guidance on planning and noise.

 

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

 

National Planning Policy Guidance (paragraphs 96 to 101) makes clear that access to a network of high quality open spaces and opportunities for sport and physical activity is important for the health and well-being of communities. Planning policies should be based on robust and up-to date assessments of the need for open space, sport and recreation facilities. 

 

Existing open space, sports and recreational buildings and land, including playing fields, should not be built on unless:

 

  • An assessment has been undertaken which has clearly shown the open space, buildings or land to be surplus to requirements; or
  • The loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location; or
  • The development is for alternative sports and recreational provision, the benefits of which clearly outweigh the loss of the current or former use. 

 

Sport England 

 

The LPA must consult Sport England on planning applications that include development which is likely to prejudice the use of, or lead to the loss of use of land being used as a playing field or is on land which has been used as a playing field at any time in the 5 years before the making of the relevant application and which remains undeveloped or allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration replacement; or involves the replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made or composite surface. 

 

Sport England will require sport specific information to be provided by the applicant as part of the planning application and applicants should therefore refer to Sport England’s webpage and seek pre-application advice to avoid any delay in the determination of the application (see above paragraphs under the heading: v) ‘Pre-application Advice’).     

 

Open Space Assessment

 

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

 

Open space can be taken to mean all open space of public value, including not just land, but also areas of water such as rivers, canals, lakes and reservoirs, that can offer important opportunities for sport and recreation and can also act as a visual amenity.

 

What information is required?

 

Proposals should be accompanied by plans (to scale and also including area measurements), showing any areas of existing or proposed open space within or adjoining the application site.

 

Planning permission is not normally given for the development of existing open spaces that local communities need.  In the absence of a robust and up-to-date assessment by a local authority, an applicant for planning permission may seek to demonstrate through an independent assessment that the land and buildings are surplus to local requirements.  Any such evidence should accompany the planning application.

 

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

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 8 and Annex 2 Glossary. 
  • National Planning Practice Guidance - Open space, sports and recreation facilities, public rights of way and local green space section

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS18 

 

 

Newcastle

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

 

Gateshead

Unitary Development Plan Policies CR20, CR21 and ENV27

 

South Tyneside

Core Strategy Policy SC6

Area Action Plan Policies SS10, J8 and H7

Site Specific Allocations Development Plan Document Policy SA7

Supplementary Planning Document 3 Green Infrastructure Strategy (Feb 2013)

Supplementary Planning Document 3 Green Infrastructure Strategy Technical Appendices (Feb 2013)

 

North Tyneside

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

 

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

When is this required?

 

Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition.

 

What information is required?

 

Planning obligations (under Section 106 of the Town and Country Planning Act 1990 (as amended) are private agreements negotiated between a Local Planning Authority and persons with an interest in a relevant parcel land. They must only be sought where they meet the tests set out in Regulation 122(2) of the Community Infrastructure Levy Regulations 2010: a) necessary to make the development acceptable in planning terms; b) directly related to the development; and c) fairly and reasonably related in scale and kind to the development. 

 

Planning obligations seek to address various planning issues such as affordable housing, public open space provision, highway works or landscape and nature conservation mitigation.  

 

To make the planning application process quicker, it is expected that a draft head of terms will be submitted along with the application and the ownership and contact details necessary for the planning obligation to be progressed.  

 

Please note that Highways England (whom are responsible for the strategic road network i.e. trunk roads and motorways) cannot be a signatory to a s106 Agreement for a planning application, unless the agreement has been specifically requested by Highways England. Pre-application advice should therefore be sought with Highways England where a proposal is likely to affect the strategic road network.

 

Viability Assessments

 

Where up-to-date planning policies have set out the contributions expected from development, planning applications that comply with them should be assumed to be viable. It is up to the applicant to demonstrate whether particular circumstances justify the need for a viability assessment at the application stage. The weight to be given to a viability assessment is a matter for the decision maker, having regard to all the circumstances in the case, including whether the development plan and the viability evidence underpinning it is up to date, and any change in site circumstances since the development plan was brought into force. All viability assessments, including any undertaken at the development plan-making stage, should reflect the recommended approach in national planning guidance, including standardised inputs, and should be made publicly available.

 

Local planning authorities are required to check the validity of viability assessments and this may incur a cost, which may then be passed onto the applicant through the terms of the planning obligation.  

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 4

 

  • National Planning Practice Guidance – Planning obligations section

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policies CS13, CS18 and DEL1

 

Newcastle

Unitary Development Plan Policies IM6 and IM7

 

South Tyneside

Core Strategy Policy ST1

Supplementary Planning Documents 4, 5 and 7

 

North Tyneside

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

 

23.  Planning Statement

 

When is this required?

 

All planning applications for 100 dwellings or more or where a minimum of 10,000 sq. metres of commercial/retail development would be created, or major planning applications that would constitute a departure from the development plan.

 

What information is required?

 

A planning statement identifies the context and need for a proposed development and includes an assessment of how the proposed development relates to relevant national and local planning policies. It may also include details of consultations with the Local Planning Authority and wider community/statutory consultees undertaken prior to submission. This can be in the form of a Statement of Community Involvement (SCI; see Item 24).

 

The Planning Statement can also include information on employment creation as well as economic and regeneration benefits.  Applicants can also submit an Economic Statement to highlight the economic benefits of a scheme if they so wish but this would not be required for validation purposes.

 

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

 

Policy Background

 

Government policy or guidance:

 

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

 

Development Plan:

 

South Tyneside

Development Management Policy DM1

 

24.  Statement of Community Involvement

 

When is this required?

 

A Statement of Community Involvement (SCI) would be required for some major development application as advised at pre-application stage by the Local Planning Authority.

 

What information is required?

 

A SCI will explain how the applicant has complied with the requirements for pre-application consultation set out in the Local Planning Authority’s adopted Statement of Community

Involvement and seek to demonstrate that the views of the local community have been sought and taken into account in the formulation of development proposals.

 

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

 

Policy Background

 

Government policy or guidance: 

 

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

 

Area specific requirements and further information:

 

Newcastle Statement of Community Involvement (September 2018)- 

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

 

Gateshead Statement of Community Involvement 2020 - https://www.gateshead.gov.uk/article/3015/Statement-of-Community-Involv….

 

South Tyneside Statement of Community Involvement  - https://www.southtyneside.gov.uk/article/36014/Getting-Involved-and-Pub…

 

25.  Structural Survey

 

When is this required?

 

All applications that involve: 

 

  • The change of use or conversion of rural buildings (e.g. barn conversions), including those in the Green Belt and on safeguarded land;
  • The demolition, or proposals that may affect the structural integrity, of a building or structure in a Conservation Area;
  • Any listed or locally listed building or structure, where works are proposed that involve demolition or would affect the structural integrity of the building or structure.

 

Please seek pre-application advice from the Local Planning Authority for further details on when this would be required.

 

What information is required?

 

A full structural engineers survey by a suitably qualified professional. This should include each of the following where appropriate:

 

  • General description and age of building;
  • Condition - structural integrity, foundations, damp proofing, walls, joinery, timbers, roof structure and roof covering;
  • Assessment of repairs necessary to ensure retention of the building;
  • Assessment of structural and other alterations necessary to implement the proposed conversion;
  • Assessment of percentage of building that needs to be rebuilt - including walls and timbers;
  • Opinion as to the suitability of building for proposed conversion;
  • Photographs are often helpful but not essential;
  • A schedule of works necessary to preserve the building;
  • A schedule of works necessary to carry out the applicant’s proposals (including those necessary to meet building regulation approval).

 

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

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 13 and 16

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS15

 

Newcastle

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

Unitary Development Plan Policies ENV8, ENV12, ENV18 and ENV42

 

South Tyneside

Development Management Policy DM6 

Supplementary Planning Document 1

 

26.  Sustainability Statement

 

When is this required?

 

Most major full planning applications and major reserved matter applications.

 

What information is required?

 

The statement should demonstrate how sustainability has been addressed and/or how it will be addressed at future design stage.  This can include topics such as water use, materials waste, pollution, health and wellbeing, management, ecology, building fabric, resilience to climate change, local renewable and low carbon energy and transport.

 

The statement should include a strategy to reduce CO2 emissions to include building design and materials, energy demand reduction, and renewable energy supply and generation

 

The statement should indicate whether the Code for Sustainable Homes and/or BREEAM assessment methods and rating systems are being used or considered.

 

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

 

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

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 14
  • National Planning Practice Guidance – Climate change section

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policies CS1, CS13, CS15 and CS16

 

Gateshead

Unitary Development Plan Policies DC1 (g) and MWR35

 

Newcastle

Sustainability Statements Planning Process Note (November 2021)

 

South Tyneside

Core Strategy Policy ST2

Development Management Policy DM1

Site Specific Allocations Policies SA1, SS2, J2 and H2

Supplementary Planning Documents 1 and 9

 

27.  Telecommunications Development

 

When is this required?

 

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

 

What information is required?

 

Telecommunications applications will need to be accompanied by:

 

  • Area of search;
  • Details of the proposed structure;
  • Technical justification;
  • Evidence of mast sharing;
  • Details of any consultation undertaken;
  • A signed declaration that the equipment and installation has been designed to comply with the requirements of the radio frequency (RF) public exposure guidance of the International Commission on Non-Ionizing Radiation Protection (ICNIRP).

 

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

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 10 

 

Development Plan:

 

Newcastle

Unitary Development Plan Policy ED6

 

South Tyneside

Core Strategy Policy ST2 and Development Management Policy DM1

 

North Tyneside

Local Plan (2017) DM7.11

 

Area specific requirements and further information:

 

Code of Best Practice on Mobile Network Development in England (Mobile Operators Association) (2013)

 

http://www.mobilemastinfo.com/2013/new-code-of-best-practice-on-mobile-network-developmentin-england-published.html

 

 

 

 

 

28.  Town Centre Use Assessment

 

When is this required and what information should be supplied?

 

The national planning policy framework (Chapter 7) states that local planning authorities should apply a sequential test to planning application for main town centre uses that are not in an existing centre and not in accordance with an up-to-date Local Plan.

 

Main Town Centre uses are:

 

  • Retail development (including warehouse clubs and factory outlet centres);
  • Leisure, entertainment facilities, and the more intensive sport and recreation uses (including cinema, restaurants, drive through restaurants, bars and pubs, night-clubs, casinos, health and fitness centres, indoor bowling centres and bingo halls);
  • Offices;
  • Arts, culture and tourism development (including theatres, museums, galleries and concert halls, hotel and conference facilities.

 

The government’s Policy Framework states that when assessing applications for retail, leisure and office development outside of town centres, which are not in accordance with an up-to-date Local Plan, local planning authorities should require an impact assessment if the development of over a proportionate locally set threshold (if there is no locally set threshold, the default threshold is 2,500 sq. m  

 

Site Location (as defined by NPPF

Large scale

(floorspace above

2,500sq.m net)

Less than 2,500 sq. m net)

Mezzanine floorspace up to 200sq.m net

In Centre

No

No

Planning permission not required

Edge of Centre and Out of Centre

Yes**

Yes**

Planning permission not required

 

An Impact Assessment  needs to assess the impact of the proposal on existing, committed and planned public and private investment in a centre or centres in the catchment of the proposal and;

 

The impact of the proposal on town centre vitality and viability, including local consumer choice and trade in the town centre and wider area, up to five years from the time the application is made.  For major schemes where there full impact will not be realised in five years, the impact should also be assessed up to 10 years from the time the application is made.

 

** A sequential assessment will be required.  An impact assessment will also be required if the local authority has set a threshold lower than 2,500 sq. m floorspace set by NPPF.  Check with the local authority.  A sequential assessment and impact assessment are not required for planning applications that are in accordance with an up-to-date development plan. 

 

The sequential approach should not be applied to applications for small scale rural offices or other small scale rural development.

 

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

 

 

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapter 7

 

  • National Planning Practice Guidance – Ensuring the vitality of town centres section 

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policies CS6, CS7 and UC1

 

Newcastle

Unitary Development Plan Policies R1 and R1.2

 

Gateshead

Unitary Development Plan Policies RCL5 and RCL6

 

South Tyneside

Core Strategy Policies SC1 and SC2

Development Management Policies DM2 and DM3

Area Action Plan Policies SS7-SS9, J4, J6 and J7, H4, H5 and H6 Site Specific Allocations Policies SA5 and SA6

 

North Tyneside

Local Plan (2017) S3.1, S3.2, S3.3, DM3.4, DM3.5, DM3.6

 

29.  Transport Assessments / Statements, and Travel Plans 

 

When is this required?

 

For new development, changes of use and alterations to existing buildings, the transportation and accessibility outcomes of development needs to be set out as part of  a planning application. This information is used to assess the suitability of the development and to ensure it is in accordance with policy and other related guidance. 

 

Where a development is likely to have significant transportation implications, a Transport Assessment (TA) and Travel Plan (TP) should be prepared.  In some instances, The TA may be downgraded to a Transport Statement (TS). These documents are used to determine whether the impact of the development is acceptable, in highways and transportation terms. 

 

Pre-application advice in terms of the need for a TA, TS or TP should be sought from the relevant LPA / Local Highways Authority to avoid any delay in the determination of the application (see above paragraphs under the heading: v) ‘Pre-application Advice’).  

 

Transport Assessment (TA): A comprehensive and systematic process that sets out transport issues relating to a proposed development. It should quantify the travel characteristics of the development by all modes or travel, the resulting impact on transport infrastructure and identify  what measures will be required to improve accessibility and safety for all modes of travel, particularly for alternatives to the car such as walking, cycling and public transport and what measures will need to be taken to deal with the anticipated transport impacts of the development.

 

Pre-application scoping is key if a TA is to prove acceptable to the relevant highway authorities (not simply that of the authority within which the proposed development is located but also neighbouring authorities and Highways England, where there exits the potential for an impact to be apparent at the Strategic Road Network, as represented by trunk roads and motorways). Scoping should comprehensively set out all methodologies, input and data by which the development’s trip-making at the supporting transport networks is to be established. In the absence of comprehensive and agreed scoping there is the risk that re-visitation will be required before an application’s transport impacts and any associated mitigation across all modes are agreed, thereby delaying an application’s determination and increasing an applicant’s costs.     

 

TAs are to be fully supported by evidence with all data referred to and referenced provided in full. 

 

Transport Statement (TS): A simplified version of a transport assessment where it is agreed the transport issues arising out of development proposals are limited and a full transport assessment is not required. However, the same comments regarding scoping and provision of supporting evidence noted above in relation to TAs equally apply to TSs.

 

Travel Plan (TP): A travel plan is a long term management strategy which encourages sustainable travel for new and existing developments. It sets out transport impacts, establishes targets and identifies a package of measures to encourage sustainable travel.  There are a number of types of travel plan: 

  • Full Travel Plan;          
  • Interim Travel Plan; 
  • Framework Travel Plan; 
  • Travel Plan Statement;
  • Area Wide Travel Plan (for a defined geographic area).

 

The type and scale of development together with locality will normally determine the requirement for a TS or TA.  A TP would be expected to be prepared and submitted alongside both of these reports.  

 

The table at the end of this chapter provides indicative thresholds for when a TS or TA and TP are required.  These thresholds are for guidance purposes only, for full requirements on all applications advice should be sought from the appropriate Local Planning Authority.

 

Scope of reports  

In general terms each Local Authority will expect to see the following information provided within transport submissions;  

               

Transport Statement

Transport Assessment

Travel Plan

Context

Maps (Strategic and Local Context)

Y

Y

Y

Policy Review*

Y

Y

Y

Site Audit

Y

Y

Y

Identification of barriers to sustainable Travel 

Y

Y

Y

Clearly defined objectives

Y

Y

Y

Data

Traffic Surveys (including the identification of queue surveys)

Y

Y

N/A

Speed Surveys

Y

Y

N/A

NMU/User Surveys

Subject to Review

Subject to Review

Y

Collision Review (5 years)

Y

Y

N/A

Parking Surveys 

Subject to Review

Subject to Review

Subject to Review

Public Transport Information

Y

Y

Y

Travel Surveys

Y

Y

Y

Modelling

Consultation with Relevant  Highway Authorities regarding: Trip Rates/Local Highways Model

Y

Y

Y

Development Trip Generation

Subject to Review

Y

Y

Trip Distribution

Subject to Review

Y

N/A

Trip Assignment

Subject to Review

Y

N/A

Junction Modelling*

Subject to Review

Y

N/A

Parking

Parking Provision (inc. Cycles)

Y

Y

Y

 

 

 

 

Road Safety

Mitigation Proposals

Y

Y

N/A

Monitoring

Monitoring Framework

Y

Y

Y

Named

Contacts/Coordinators

Y

Y

Y

Mitigation Plans (if targets not reached)

Subject to Review

Subject to Review

Y

 

Road Safety Audits

Y

Y

Y

*Must be appropriate and relevant to the development

 

Outside of the above, matters that will need to be taken into consideration for all developments include; site access, construction phases, existing parking pressures, road safety, local committed development and the proposed number of parking spaces.  

On the basis that the wording modifications suggested above are incorporated: where the need for highway mitigation works are identified as necessary at the Strategic Road Network these must comply with all aspects of  Design Manual for Roads and Bridges, with Stage 1 Road Safety Audit in accordance with GG 119 and Walking, Cycling & Horse-riding Assessment and  in accordance with HD 42/17  for both outline and detailed applications. 

 

For significant developments within Tyne and Wear, the Passenger Transport Executive NEXUS should also be contacted to ensure that development can be appropriately served by public transport. When this is not the case the Applicant is expected to work with Nexus and the Local Highway Authority to resolve any issues.

 

Monitoring

 

To ensure compliance with the Travel Plan, the Local Authority may also ask for a bond or a monitoring fee to ensure that the targets defined within the Plan are either met or exceeded. 

 

The Tyne and Wear Local Authorities use two systems to record and monitor Travel Plans within the area and unless expressly agreed by a Local Authority the following tools will be used, for creating and monitoring Travel Plans;

 

 

 

The above is not exhaustive and to avoid abortive work, please seek pre-application advice from the Local Planning Authority for definitive advice on the scope of the transport requirements.

 

Parking and servicing requirements 

 

Parking and servicing issues must be considered as a fundamental part of any scheme. Car parking provision needs to be at an appropriate level to cater for both the development and any visitors to the development, whilst taking into account; development location, local circumstances, public transport availability, sustainability, impact on residential amenity, and highway safety.  

 

Servicing requirements also need to be fully considered so they are not of danger or inconvenience. This information can be combined within the Transport Assessment or Transport Statement or provided as a supporting document.

 

Information that may be sought includes: 

  • Setting out the rationale for the approach to parking provision (car, cycle, disabled and motorcycle provision); 
  • Car parking accumulation information; 
  • Car parking layout plan; 
  • Cycle parking layout plan; 

 

  • Servicing plan covering deliveries, refuse collection and taxi pick up and drop off (Auto Tracks may be required in some instances);
  • Parking and servicing management plan; 
  • Existing and proposed Traffic Regulation Orders Plan for a defined area; 
  • Details of Car Club and Electric Charging Point Facilities. 

 

Applications for those changes of use to apartments and HIMOs which claim they are for social housing requiring lower levels of parking provision will need to be supported with suitable evidence. 

 

Existing Highways and Public Rights of Way 

 

Some new developments will necessitate the need for works and changes to the local highway network and/or to public rights of way. In order to understand the impact of the development the proposed changes will need to be set out on a plan and include any areas of Highway to be stopped up. The amount of information provided will be appropriate to the type and scale of development. 

 

New Highways 

 

Proposed new development may necessitate the creation of new highways that can be identified for future adoption by the Highways Authority. In order to understand the impact of the proposed development any future highway that may be adopted needs to be detailed on an appropriate plan. 

 

If the highways within the development do not fulfil the requirements for future adoption by the Highway Authority then a Management and Maintenance of Estate Streets plan will be required and may be secured in a S106 Agreement for the highways to remain privately maintained. 

 

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

 

Policy Background

 

This section briefly outlines some of the local and national planning policies that should be referred to when developing the relevant TS, TA or TP.    

 

Government policy or guidance: 

 

National Planning Policy Framework – Chapter 9 Promoting Sustainable Travel  

National Planning Practice Guidance – Travel plans, transport assessments and statements section. 

 

Development Plan: 

 

Newcastle and Gateshead 

Core Strategy Policies CS13 and CS16 

 

Newcastle 

Unitary Development Plan Policies T2, T4.5, T5.3, T7.1 and T7.2 

 

Gateshead 

Unitary Development Plan Policy T1 

 

 

South Tyneside 

Core Strategy Policies ST2 and A1 

Development Management Policy DM1 

Area Action Plan Policies SS3, J3 and H3 

Site Specific Allocations Policy SA2 

Supplementary Planning Documents 6 (Parking Standards) and 7 (Travel Plans)

North Tyneside

Local Plan (2017 S7.3, DM7.4

LDD12

Area specific requirements and further information:

Tyne and Wear Local Transport Plan

Transport Thresholds

 

Land Use

Description of development

Size

TS & TP  required

TA & TP  required

A1 - Food retail 

Retail sale of food goods to the public – food superstores, supermarkets, convenience food stores. 

Gross Floor Area (GFA) 

>250 sq. m 

<800 sq. m 

>800 sq. m 

A1 - Non-food

retail 

Retail sale of non-food goods to the public; but includes sandwich bars – sandwiches or other cold food purchased and consumed off the premises, internet cafés. 

GFA 

>800 sq. m 

<1500 sq. m 

>1500 sq. m 

A2 - Financial & 

Professional 

Services 

Financial services – banks, building societies and bureaux de change, professional services (other than health or medical services) – Estate Agents and employment agencies, other services – principally where services are provided to visiting members of the public. 

GFA 

>1000 sq. m 

<2500 sq. m 

>2500 sq. m 

A3 -

Restaurants and Cafés

Restaurants and cafés – use for the sale of food for consumption on the premises, excludes internet cafés (now A1).

GFA

>300 sq. m 

<2500 sq. m

>2500 sq. m

A4 - Drinking  Establishments 

Use as a public house, wine-bar or other drinking establishment. 

GFA 

>300 sq. m 

<600 sq. m 

>600 sq. m 

A5 - Hot food  takeaway 

Use for the sale of hot food for consumption on or off the premises. 

GFA 

>250 sq. m 

<500 sq. m 

>500 sq. m 

B1 - Business 

(a) Offices other than in use within Class

A2 (financial and professional services)  (b) research and development – laboratories, studios  (c) Light industry. 

GFA 

>1500 sq. m 

<2500 sq. m 

>2500 sq. m 

B2 - General  industrial 

General industry (other than classified as in B1). The former ‘special industrial’ use classes, B3 – B7, are now all encompassed in B2. 

GFA 

>2500 sq. m 

<4000 sq. m 

>4000 sq. m 

B8 - Storage or  Distribution 

Storage or distribution centres – wholesale warehouses, distribution centres and repositories. 

GFA 

>3000 sq. m 

<5000 sq. m 

>5000 sq. m 

 

Land Use

Description of development

Size

TS & TP  required

TA & TP  required

C1 - Hotels 

Hotels, boarding houses and guest houses, development 

Bedrooms 

>75 <100 bedrooms 

>100 bedrooms 

C2 - Residential  institutions -  hospitals,  nursing homes 

Used for the provision of residential accommodation and care to people in need of care. 

Beds 

>30 <50 beds 

>50 beds 

C2 - Residential  institutions –  residential  education 

Boarding schools and training centres. 

Students 

>50 <150 students 

>150 students 

C2 - Residential  institutions –  institutional  hostels 

Homeless shelters, accommodation for people with learning difficulties and people on probation. 

Residents  

>250 <400 residents 

>400

residents 

C3 - Dwelling  houses 

Dwellings for individuals, families or not more than six people living together as a single household. Not more than six people living together includes – students or young people sharing a dwelling and small group homes for disabled or handicapped people living together in the community. 

Dwellings 

>50 <80 units 

>80 units 

C4 - Houses in

Multiple

Occupation 

Dwellings occupied by between 3-6 unrelated individuals who share basic amenities (such as student lets and small bedsits). 

Refer to LPA 

Refer to LPA 

Refer to LPA 

D1 - Non-

residential  Institutions 

Medical and health services – clinics and health centres, crèches, day nurseries, day centres and consulting rooms (not attached to the consultant‘s or doctor‘s house), museums, public libraries, art galleries, exhibition halls, non-residential education and training centres, places of worship, religious instruction and church halls.

GFA 

>500 sq. m 

<1000 sq. m 

>1000 sq.

D2 - Assembly  and leisure 

Cinemas, dance and concert halls, sports halls, swimming baths, skating rinks, gymnasiums, bingo halls and casinos. Other indoor and outdoor sports and leisure uses not involving motorised vehicles or firearms. 

GFA 

>500 sq. m 

<1500 sq. m 

>1500 sq.

Land Use

Description of development

Size

TS & TP required

TA & TP required

Others 

For example: 

Betting offices/shops, casinos, amusement arcades, pay day loan shops, garden centres, theatres, larger houses in multiple occupation, hostels providing no significant element of care, scrap yards. Petrol filling stations and shops selling and/or displaying motor vehicles. Retail warehouse clubs, nightclubs, launderettes, taxi businesses, stadium, car/vehicle hire businesses, and builders yards. 

Refer to LPA 

Refer to LPA 

Refer to LPA 

 

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

What information is required?

 

Planning applications must be assessed having had regard to the impact of the development upon its site and surroundings. Trees and other established landscape features are important to our environment but they are vulnerable to damage during construction work i.e. impact damage, or root damage due to excavation work and ground compaction due to plant/material storage. Requests to remove existing soft landscaping may also arise, due to overshadowing problems associated with new development, if sufficient space is not set aside for future growth. 

 

Where trees are present on site, or where the canopies of trees on adjacent land overhang the application site, the planning application must therefore be submitted with sufficient information to demonstrate that; i) Sufficient space would be left to enable the tree to grow without detriment to the future occupiers of the development, and ii) To ensure that the construction phase of the development may be carried out without harming the trees. 

 

Trees/soft landscaping located close to a proposed development and certainly within falling distance must therefore be accurately shown on a scaled plan with the following information:

 

Species; height in metres; stem diameter in metres at 1.5 metres above adjacent ground level or immediately above the roof flare for multi-stemmed trees; branch spread in metres taken at north, south, east and west points; height in metres of the lowest part of the canopy above ground level.

 

However, the following details will also be required where a tree is protected by a Tree Preservation Order or where the site is located in a Conservation Area:

 

Age class (young, middle aged, mature, over-mature, veteran); physiological condition (e.g. good, fair, poor, dead); structural condition (e.g. collapsing, the presence of any decay and physical defect); preliminary management recommendations, including further investigation of suspected defects that require more detailed assessment and potential for wildlife habitat; estimated remaining contribution in years (e.g. less than 10, 10-20, 20-40, more than 40); category grading (see BS5837: 2012 Trees in Relation to Construction – Recommendations).

 

For all development proposals, it should be clearly identified which trees are to be felled, together with the reasons for removing those trees.  Where trees are shown as to be retained, the means of protecting those trees during construction works will need to be specified.  A suitably qualified and experienced arboriculturalist should prepare this information in accordance with BS 5837: 2012.  This should include a tree survey, Tree Constraint Plan (TCP), Aboricultural Implications Assessment (AIA) and where appropriate an Aboricultural Method Statement (AMS) with a Tree Protection Plan.  

 

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

 

Policy Background

 

Government policy or guidance:

 

National Planning Policy Framework – Chapters 2 and 15

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS18 

 

Newcastle

Unitary Development Plan Policies EN3 and EN3.2

 

Gateshead

Unitary Development Plan Policies ENV7 (d) and ENV44

 

South Tyneside

Core Strategy Policy EA1

Development Management Policy DM1

 

North Tyneside

Local Plan (2017) DM5.9

 

Area specific requirements and further information:

 

  • Paragraph 4.2.4 of BS 5837: 2012 ‘Trees in relation to construction - Recommendations’, offers advice on how to identify trees on adjacent land that could influence the development;
  • Sections 4 to 6 of BS 5837: 2012 contain detailed guidance on survey information and plans that should be provided. Using the methodology set out in the Standard should help to ensure that development is suitably integrated with trees and that potential conflicts are avoided;
  • Sections 7 to 12 of BS 5837: 2012 contain detailed guidance on protecting trees that are to be retained both within and outside the proposed site that could be affected by the development.

 

31.  Ventilation / Extraction Details

When is this required?

 

Planning applications where ventilation or extraction equipment is to be installed, including those for the sale or preparation of cooked food, launderettes, and significant retail, business, industrial or leisure developments.

 

Where a hot food takeaway or restaurant or pub is proposed close to an existing residential property, details of extraction facilities will normally be required for validation purposes What information is required?

 

Details of the position and design of ventilation and extraction equipment.  This may include technical specification including an acoustic assessment of the extraction system, noise mitigation measures and odour abatement techniques where required.  Elevation drawings showing the size, location and external appearance of plant and equipment will also be required, drawn to a scale of 1:50 or 1:100 (in line with requirement 8).

 

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

 

Policy Background

 

Government policy or guidance:

 

  • National Planning Policy Framework – Chapters 7, 8 and 15
  • National Planning Practice Guidance – Noise section

 

 

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS14

 

Newcastle

Unitary Development Plan Policies H2 and POL7

Hot Food Takeaway Supplementary Planning Document (October 2016)

https://www.newcastle.gov.uk/planning-and-buildings/planning-policy/supplementary-planningdocuments/hot-food-takeaways-spd-0

 

Gateshead

Unitary Development Plan Policies DC2 (a) and (b) and ENV3

Supplementary Planning Document – Hot food takeaways

 

South Tyneside

Development Management Policies DM1 and DM3

Supplementary Planning Document 22 Hot Food Takeaways and Health

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

 

North Tyneside

Local Plan (2017) DM3.7, DM5.19

 

32 Sunlight/Daylight/Microclimate Assessment 

 

When is this required?

 

  1. When a proposed development is in close proximity to the windows of habitable rooms of an existing residential development and is likely to significantly affect the sunlight and/or daylight levels to those windows;
  2. When a proposed residential development, because of its proximity to either existing buildings or other proposed buildings within the development, is likely to receive low levels of sunlight and/or daylight to habitable rooms;
  3. When the scale and form of a development is likely to result in significant shadowing  impacts upon neighbouring properties or land;
  4. When the scale of the development proposed would result in micro-climatic conditions that could result in wind levels affecting pedestrian and vehicle movement outside of the building.

 

Please note that these requirements will normally only apply when developments propose buildings in close proximity to each other or where tall buildings are proposed. You should seek advice from your Local Planning Authority in advance, normally through the pre-application process, as to when these studies will be a validation requirement. These assessments may also form part of a Design and Access Statement (see section 7).

 

Please note: This section is not a validation requirement in South Tyneside.

 

What information is required?

 

The assessment should be carried out in accordance with the British Research Establishment document Site Layout Planning for Daylight and Sunlight – A guide to Good Practice 2nd edition. Daylight, vertical sky component, sunlight availability, average daylight factor and shadow studies should be undertaken and assessed against the criteria set out in the BRE document. 

 

Wind tunnel modelling will be required to assess the impact of new development will have on a local wind environment and any consequential effects on pedestrian comfort and safety using the Lawson criteria for comfort and safety.

 

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

 

Policy Background

 

Development Plan:

 

Newcastle and Gateshead

Core Strategy Policy CS14

 

Newcastle

Unitary Development Plan Policy H2

 

Gateshead

Unitary Development Plan Policies DC2 (a and b) and ENV3

 

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

 

Gateshead, North Tyneside and Newcastle operate a community infrastructure levy (CIL) on many types of new development. The money raised is used to help pay for infrastructure needed as a result of development, such as schools, green spaces and flood defences. 

 

A CIL payment is only required for certain types of development in selected locations. Further details as to the types of development, the areas where a charge applies and charge level are available on the respective council websites.

 

Additional information is required to determine whether a charge is due and to determine the amount. Applicants are therefore required to answer additional questions to enable the Council to calculate your levy liability. The information required is: How much floorspace (in square metres) are proposed; and has a building or a part of a building, on the site been in use for a continuous period of at least six months within the past 3 years? What use(s) has it been in? How much gross internal floorspace of this building do you intend to demolish or change the use?

 

A Planning Application Additional Information Requirement Form is required to be competed for all relevant applications in Gateshead, North Tyneside and Newcastle to calculate CIL liability. Use this link to the government’s Planning Portal webpage to find out more information about CIL:  https://www.planningportal.co.uk/info/200126/applications/70/community_infrastructure_levy  

 

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

 

Policy Background

 

Development Plan:

Newcastle and Gateshead

Core Strategy Policy DEL1

Local authority guidance on the Community Infrastructure Levy is available from:

Appendix 2 - Validation checklists

Checklist 1: Full applications  

Validation requirements

Applications for new building, extension or; engineering works; or change of use with external building / extension/ engineering works

Change of use with no external building / extension / engineering works

Required

Submitted

 

National Requirements

 

 

 

 

Completed planning application form 

See Note 1

See Note 1

Yes

Yes / No

Location plan

See Note 2

See Note 2

Yes

Yes / No

Site Plan

See Note 3

See Note 3

Yes

Yes / No

Completed Ownership

Certificate (A, B, C, D)

See Note 4

See Note 4

Yes

Yes / No

Completed Agricultural Holdings Certificate

See Note 5

See Note 5

Yes

Yes / No

Appropriate fee

See Note 6

See Note 6

Yes / No

Yes / No

Design and Access Statement (where required)

See Note 7

See Note 7

Yes

Yes / No

 

Tyne and Wear Requirements

 

 

 

 

Application Plans

See Note 8

See Note 8

Yes / No

Yes / No

Affordable Housing Statement

See Note 9

See Note 9

Yes / No

Yes / No

Air Quality Assessment

See Note 10

See Note 10

Yes / No

Yes / No

Archaeological Assessments

See Note 11

No

Yes / No

Yes / No

Coal Mining Risk and Mineral Safeguarding Assessment

See Note 12

See Note 12

Yes / No

Yes / No

Ecological Survey Assessment and Mitigation Report & Protected Species Survey

See Note 13

See Note 13

Yes / No

Yes / No

Habitat Regulations Assessment

See Note 14

See Note 14

Yes / No

Yes / No

Flood Risk and Drainage Assessment

See Note 15

See Note 15

Yes / No

Yes / No

Heritage Statement

See Note 16

See Note 16

Yes / No

Yes / No

Land Contamination Assessment

See Note 17

No

Yes / No

Yes / No

Landscaping Details

See Note 18

No

Yes / No

Yes / No

Landscape & Visual Impact Assessment

See Note 18

See Note 18

Yes / No

Yes / No

Marketing Information

See Note 19

See Note 19

Yes / No

Yes / No

Noise Assessment

See Note 20

See Note 20

Yes / No

Yes / No

Open Space Assessment  

(including playing fields and recreational buildings)

See Note 21

No

Yes / No

Yes / No

Planning Obligations – Draft Head of Terms

See Note 22

See Note 22

Yes / No

Yes / No

Planning Statement

See Note 23

See Note 23

Yes / No

Yes / No

Statement of Community Involvement

See Note 24

See Note 24

Yes / No

Yes / No

Structural Survey

See Note 25

See Note 25

Yes / No

Yes / No

Sustainability Statement

See Note 26

See Note 26

Yes / No

Yes / No

Telecommunications Development

See Note 27

See Note 27

Yes / No

Yes / No

Town Centre Use Assessment

See Note 28

See Note 28

Yes / No

Yes / No

Transport Assessments / 

Statements and Travel Plans

See Note 29

See Note 29

Yes / No

Yes / No

Tree Survey and/or Statement of Arboricultural Implications of

Development

See Note 30

See Note 30

Yes / No

Yes / No

Ventilation / Extraction Details

See Note 31

See Note 31

Yes / No

Yes / No

Daylight/sunlight/Microclimate studies

See Note 32

See Note 32

Yes/No

Yes/ No

Community Infrastructure Levy Additional Information Form

See Note 33

See Note 33

Yes/No

Yes/No

 

Please note: The above documents may be requested during pre-application discussions, or where no discussions have taken place following validation of the application.

On validation - If the requested detail is judged to be critical in determining whether permission should be granted or not, and the applicant / agent is unable to submit the information within a specified timescale the authority may be left with no option but to refuse the application due to lack of information.

 

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

 

 

 

Checklist 2: Outline Applications & Reserved Matters Submissions

 

Validation Requirements

Outline Application

Reserved

Matters

Application

Required

Submitted

 

National Requirements

 

 

 

 

Completed planning application form 

See Note 1

See Note 1

Yes

Yes / No

Location plan

See Note 2

See Note 2

Yes

Yes / No

Site Plan 

See Note 3

See Note 3

Yes

Yes / No

Completed Ownership

Certificate (A, B, C, D)

See Note 4

See Note 4

N/A

Yes / No

Completed Agricultural Holdings Certificate

See Note 5

See Note 5

Yes

Yes / No

Appropriate fee

See Note 6

See Note 6

Yes / No

Yes / No

Design and Access Statement (where required)

See Note 7

See Note 7

Yes

Yes / No

 

Tyne and Wear Requirements

 

 

 

 

Application Plans

See Note 8

See Note 8

Yes / No

Yes / No

Affordable Housing Statement

See Note 9

See Note 9

Yes / No

Yes / No

Air Quality Assessment

See Note 10

See Note 10

Yes / No

Yes / No

Archaeological Assessments

See Note 11

See Note 11

Yes / No

Yes / No

Coal Mining Risk and Mineral Safeguarding Assessment

See Note 12

See Note 12

Yes / No

Yes / No

Ecological Survey Assessment and Mitigation Report & Protected Species Survey

See Note 13

See Note 13

Yes / No

Yes / No

Habitat Regulations Assessment

See Note 14

See Note 14

Yes / No

Yes / No

Flood Risk and Drainage Assessment

See Note 15

See Note 15

Yes / No

Yes / No

Heritage Statement

See Note 16

See Note 16

Yes / No

Yes / No

Land Contamination Assessment

See Note 17

See Note 17

Yes / No

Yes / No

Landscaping Details

See Note 18

See Note 18

Yes / No

Yes / No

Landscape & Visual Impact Assessment

See Note 18

See Note 18

Yes / No

Yes / No

Marketing Information

See Note 19

See Note 19

Yes / No

Yes / No

Noise Assessment

See Note 20

See Note 20

Yes / No

Yes / No

Open Space Assessment  

(including playing fields and recreational buildings)

See Note 21

See Note 21

Yes / No

Yes / No

Planning Obligations – Draft Head of Terms

See Note 22

See Note 22

Yes / No

Yes / No

Planning Statement

See Note 23

See Note 23

Yes / No

Yes / No

Statement of Community Involvement

See Note 24

See Note 24

Yes / No

Yes / No

Structural Survey

See Note 25

See Note 25

Yes / No

Yes / No

Sustainability Statement

See Note 26

See Note 26

Yes / No

Yes / No

Telecommunications Development

See Note 27

See Note 27

Yes / No

Yes / No

Town Centre Use Assessment

See Note 28

See Note 28

Yes / No

Yes / No

Transport Assessments / 

Statements and  Travel Plans.

See Note 29

See Note 29

Yes / No

Yes / No

Tree Survey and/or Statement

of Arboricultural Implications of

Development

See Note 30

See Note 30

Yes / No

Yes / No

Ventilation / Extraction Details

See Note 31

See Note 31

Yes / No

Yes / No

Daylight/sunlight/Microclimate study

See Note 32

See Note 32

Yes/ No

Yes / No

Community Infrastructure Levy Additional Information Form

See Note 33

See Note 33

Yes/No

Yes/No

 

Please note: The above documents may be requested during pre-application discussions, or where no discussions have taken place following validation of the application.

On validation - If the requested detail is judged to be critical in determining whether permission should be granted or not, and the applicant / agent is unable to submit the information within a specified timescale the authority may be left with no option but to refuse the application due to lack of information.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

Checklist 3: Listed Building Consent & Planning Permission for Relevant Demolition in a Conservation Area

 

Validation Requirements

Listed Building Consent

Relevant Demolition

Required

Submitted

 

National Requirements

 

 

 

 

Completed planning application form 

See Note 1

See Note 1

Yes

Yes / No

Location plan 

See Note 2

See Note 2

Yes

Yes / No

Site Plan 

See Note 3

See Note 3

Yes

Yes / No

Completed Ownership Certificate (A, B, C, D)

See Note 4

See Note 4

Yes

Yes / No

Completed Agricultural Holdings Certificate

See Note 5

See Note 5

Yes

Yes / No

Appropriate fee

See Note 6

See Note 6

Yes / No

Yes / No

Design and Access Statement (where required)

See Note 7

See Note 7

Yes

Yes / No

 

Tyne and Wear Requirements

Application Plans

See Note 8

See Note 8

Yes 

Yes / No

Archaeological Assessments 

See Note 11

Seek preapplication advice

See Note 11

Seek preapplication advice

Yes / No

Yes / No

Heritage Statement

See Note 16

See Note 16

Yes / No

Yes / No

Marketing Information

See Note 19

See Note 19

Yes / No

Yes / No

Planning Statement

See Note 22

See Note 22

Seek preapplication advice

Yes / No

Yes / No

Structural Survey

See Note 24

Seek preapplication advice

See Note 24

Seek preapplication advice

Yes / No

Yes / No

Tree Survey and/or Statement of Arboricultural Implications of Dev.

See Note 30

See Note 30

Yes / No

Yes / No

 

Please note: The above documents may be requested during pre-application discussions, or where no discussions have taken place following validation of the application.

On validation - If the requested detail is judged to be critical in determining whether permission should be granted or not, and the applicant / agent is unable to submit the information within a specified timescale the authority may be left with no option but to refuse the application due to lack of information.

 

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

Checklist 4: Advertisement Consent

 

Validation Requirements

Advertisement Consent

Required

Submitted

 

National Requirements

 

 

 

Completed advertisement consent form

See Note 1

Yes

Yes / No

Location plan

See Note 2

Yes

Yes / No

Appropriate fee

See Note 6

Yes / No

Yes / No

 

Tyne and Wear Requirements

 

 

 

Application Plans

See Note 8

Yes 

Yes / No

 

Please note: The above documents may be requested during pre-application discussions, or where no discussions have taken place following validation of the application.

On validation - If the requested detail is judged to be critical in determining whether permission should be granted or not, and the applicant / agent is unable to submit the information within a specified timescale the authority may be left with no option but to refuse the application due to lack of information.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Checklist 5: Householder Applications

 

Validation Requirements

Householder Applications

Required

Submitted

 

National Requirements

 

 

 

Completed planning application form 

See Note 1

Yes

Yes / No

Location plan 

See Note 2

Yes

Yes / No

Site Plan 

See Note 3

Yes

Yes / No

Completed Ownership Certificate (A, B, C, D)

See Note 4

Yes

Yes / No

Completed Agricultural Holdings Certificate

See Note 5

Yes

Yes / No

Appropriate fee

See Note 6

Yes / No

Yes / No

Design and Access Statement (where required)

See Note 7

Yes

Yes / No

 

Tyne and Wear Requirements

 

 

 

Application Plans

See Note 8

Yes 

Yes / No

Archaeological Assessments

See Note 11

Yes / No

Yes / No

Ecological Survey Assessment and Mitigation Report & Protected Species Survey

See Note 13

Yes / No

Yes / No

Flood Risk  and Drainage Assessment

See Note 15

Yes / No

Yes / No

Noise Assessment

See Note 20

Yes / No

Yes / No

Tree Survey and/or Statement of Arboricultural Implications of Development

See Note 30

Yes / No

Yes / No

 

Please note: The above documents may be requested during pre-application discussions, or where no discussions have taken place following validation of the application.

On validation - If the requested detail is judged to be critical in determining whether permission should be granted or not, and the applicant / agent is unable to submit the information within a specified timescale the authority may be left with no option but to refuse the application due to lack of information.

 

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

These checklists do not apply where the intention is to carry out a development as ‘permitted development’ or under the Neighbour Notification Scheme / Prior Approval Notification process. Further information on permitted development and whether these have been withdrawn is available on the council’s webpage and on the Planning Portal: https://www.planningportal.co.uk/info/200125/do_you_need_permission

Checklist 6. Non-material and Minor-material Amendments

Issues can arise after planning permission has been granted and in such circumstances an applicant may need to seek to modify or vary the approved plans or details.  If these modifications are fundamental, a new planning application under Section 70 of the Town and Country Planning Act 1990 would need to be submitted.  

When less substantial changes are proposed a minor material or non-material amendment could be sought.   Such provisions do not however cover Listed Building Consents and a new application for Listed Building Consent will be required.

Section 96A of the Town and Country Planning Act 1990, enables the submission of applications for non-material changes to existing planning permissions, without requiring the submission of a new planning application. Section 73 of the Act allows a new permission to be issued where the change to the approved development represents a Minor-material amendment.   

Such applications must be made by completing the correct form, which are available on the Planning Portal website. The extent and nature of the proposed amendment must be clearly identified on the plans and drawings accompanying the application form. This can be done by either including sets of both the original and amended drawings, or by superimposing the proposed amendment on those originally approved. Full specification of materials, colours, sections must be included where appropriate. 

If the extent and nature of the minor amendment cannot easily be identified from the submitted material the application will not be made valid until further information or clarification have been received.  

There are strict rules in terms of what may be accepted as a non-material amendment and applicants are therefore encouraged to read the Non-material Amendment Protocol which is available on-line before submitting an application at: 

https://www.newcastle.gov.uk/services/planning-building-and-development…

 

 

 

 

 

 

 

 

 

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