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1 Updated 30/11/2016
Submission of Regulation 3 Planning Applications
Guidance for internal applicants
Version 1: November 2016
2 Updated 30/11/2016
Contents
Contents ..................................................................................................................... 2
Introduction .......................................................................................................... 4 1.
1.1 What you can expect from us .............................................................. 5
1.2 The planning process .......................................................................... 5
Planning for Regulation 3 Development .............................................................. 6 2.
2.1 Is there a need for planning permission? ............................................ 6
2.2 Permitted Development ....................................................................... 6
2.3 Demolition of Buildings - Prior Notice .................................................. 7
2.4 Other Consents ................................................................................... 7
2.5 Signage ............................................................................................... 8
2.6 What are Regulation 3 planning applications? .................................... 8
Examples where Regulation 3 applications are appropriate ................................ 8
Examples where Regulation 3 applications are not appropriate: ......................... 9
2.7 Planning applications within the New Forest and South Downs
National Parks ............................................................................................... 9
2.8 Pre application discussions ................................................................. 9
Policies .............................................................................................................. 10
Environmental Requirements in Design and Sustainability (BREEAM) ............. 11
2.9 Community engagement in the planning process.............................. 11
2.10 Types of planning applications .......................................................... 12
Preparing a planning application........................................................................ 13 3.
3.1 How to fill in the application form ....................................................... 13
3.2 Validation .......................................................................................... 13
National validation requirements........................................................................ 14
Local Validation requirements ........................................................................... 14
3.3 Description of the proposal ................................................................ 14
3.4 Opportunities & Benefits associated with the proposal ...................... 16
3.5 Determining the red/blue line areas ................................................... 16
3.6 Planning for future uses .................................................................... 17
3.7 Fees .................................................................................................. 17
3.8 How to submit a planning application ................................................ 19
3.9 Supporting Statement ........................................................................ 19
3.10 Supporting information requirements from Consultees ..................... 20
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Statutory Consultees ......................................................................................... 21
Other Consultees ............................................................................................... 23
What happens once you have submitted your application? ............................... 27 4.
4.1 Validation .......................................................................................... 27
4.2 Consultation ...................................................................................... 27
4.3 Common issues raised during consultation ....................................... 28
4.4 Departures ........................................................................................ 28
4.5 Resolving issues and objections ....................................................... 28
4.6 How decision making takes place ..................................................... 28
Delegated Decisions .......................................................................................... 29
Regulatory Committee Decisions....................................................................... 29
Conditions .......................................................................................................... 30
Extensions of Time ............................................................................................ 30
Post planning permission ................................................................................... 31 5.
5.1 Why compliance is important ............................................................ 31
5.2 Article 27s ......................................................................................... 31
5.3 Variations to Planning Conditions...................................................... 32
5.4 Non Material Amendments/ Variations .............................................. 32
Clarification on specific issues ........................................................................... 33 6.
6.1 Temporary classrooms ...................................................................... 33
What is considered to be temporary? ................................................................ 33
Renewal of temporary permissions .................................................................... 33
Demonstrating need for a temporary development ............................................ 34
Where can I find out more information? ............................................................. 35 7.
7.1 Important Links .................................................................................. 35
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Introduction 1.
This document has been prepared by Strategic Planning to provide guidance to Hampshire County Council (HCC) applicants on the submission of Regulation 3 planning applications. In the case of Regulation 3 planning applications the County Council is deemed to be the Local Planning Authority. In addition to Regulation 3 applications the role of Strategic Planning is also to: Team structure is shown below:
Chris Murray
Head of Strategic Planning
Rob Storey
Principal Development Management Officer
Katherine Snell
Principal Development Management Officer
Judith Smallman
Principal Development Management Officer
Philip Millard
Development Management Officer
Lisa Kirby-Hawkes
Development Planning Manager
• determine mineral and waste management developments; • produce minerals and waste planning policy; • undertake planning and coordinate funding for infrastructure; • respond to national planning and Local Plan consultation; and • act as a Lead Local Flood Authority.
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This guidance has been developed to help applicants prepare Regulation 3
planning applications for developments in Hampshire. For Regulation 3
applications this can assist in programme certainty, achieve deadlines, and
reduce risk to HCC’s relationship with the public.
This is a living document and will be updated as required. It should be
noted that this document is only guidance.
The Development Management team of Strategic Planning provide the following services for applicants and agents of Regulation 3 applications:
to answer queries and provide guidance on the application for proposed development;
aim to meet Government statutory determination guidelines; and
ensure quality applications from agents and applicants; that meet the national and local requirements.
Why have we developed this guidance?
1.1 What you can expect from us
1.2 The planning process
A diagram summarising the planning process for full planning applications can be found here.
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Planning for Regulation 3 Development 2.
2.1 Is there a need for planning permission?
Planning permission is only needed if work being carried out meets the statutory definition of ‘development’ which is set out in the Town and Country Planning Act 1990. Section 57 of the Town and Country Planning Act 1990 directs that all operations or work falling within the statutory definition of ‘development’ require planning permission. Development does not in all instances require a planning application to be made for permission to carry out the development. It could be ‘permitted development’ under national ‘permitted development’ allowances. (see section 2.2)
2.2 Permitted Development
Certain types of development do not require planning permission. This is known as Permitted Development. These Permitted Developments are defined in Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (No. 596) (GPDO 2015) There is a range of exclusions which apply to permitted development rights in England. In Hampshire the relevant exclusions are:
Conservation Areas;
Areas of Outstanding Natural Beauty;
National Parks;
Listed Buildings; and
Proposed Lawful uses. Parts of Schedule 2 relevant to Regulation 3 applications which are commonly used for HCC development are listed below:
Confirmation on whether a development is Permitted Development can be obtained from Officers within Strategic Planning. To provide permitted development approval the following is required:- • A plan of the site area of the proposed works; • A location plan with the site outlined in red; and
Part 2, Minor operations;
Part 4, Temporary buildings and uses;
Part 6, Agricultural and forestry;
Part 7, Non-domestic extensions, alterations, etc;
Part 12, Class A, for local authority development;
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• Details of the proposed works to include relevant information such as floor-space distance from boundaries, height, etc.
2.3 Demolition of Buildings - Prior Notice
If it is proposed to demolish a building or to “substantially demolish” part of a building, prior approval will be required before works commence. Depending on the building other consents may also be required. For prior approval an application will need to be submitted for Prior Notification of Proposed Demolition and applications must include:
Location plan to metric scale of 1:1250 or 1:2500;
Application form or a letter with a written description of the proposed demolition; and a
Statement that a site notice has been put up at the site by the applicant or their agent.
The prior notice approval process will take up to 28 days from registration to determine. If no response is received after the 28 day period then approval is considered to be granted. The Prior Notice procedure is covered by Schedule 2 Part 11 of the Town and Country Planning (General Permitted Development)(England) Order 2015.
2.4 Other Consents
Even if a planning application is not required, before commencement of works other consents may be required under other legislation for example:
• Works to protected trees (tree preservation orders); • Listed building consent; • Hazardous substances consent; • Conservation areas consent. • Ordinary Watercourse Consent
More information on what requires planning permission is available in National Planning Practice Guidance.
Development types are commonly limited by area or volume. This limit is cumulative, so if there is already a development of the same type on a site, then if the combined size of the existing and the proposed developments exceed the limit, then a planning approval will need to be sought.
Permitted Development rights can be removed from a site. This may be by condition on a permission, listed building status or by the site being within a conservation area, National Park or another designation.
Permitted Development Rights can also be removed from a site for specified reasons by the Local Planning Authority of the area within which the proposed development falls.
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2.5 Signage
Signs and notices for sites have their own Permitted Development rules and any permission for signage or notices would be considered by the Local District Authority. The following document can be useful guidance, The Government Guidance on Advertisements (2007) and the Local District should be contacted with any questions.
2.6 What are Regulation 3 planning applications?
The County Council is required to determine some of its own planning applications by virtue of the Town and Country Planning General Regulations 1992 (SI 1992/1492) Consents issued under Regulation 3 are for the benefit of the applicant only, unlike most other planning permissions which are for the benefit of the land. Regulation 3 enables HCC to make planning applications to itself as long as the development is to be carried out by (or on behalf of) the Council and the interest in the development by the Council is significant. The development may be on land in or not in the Council’s ownership.
Examples where Regulation 3 applications are appropriate
The development is to be carried out by or on behalf of HCC (In most cases this means HCC being the applicant on the application form);
HCC do not necessarily have to own the land to be developed; and
HCC must be involved in the application, and the interest must be significant:
The following are examples of significant interests the council may have: The school governance in the case of educational premises (this
may not include Academies and Free schools); Funding commitments, ownership of the land is not in itself a
sufficient interest; Control of funding – where third parties or schools supply the
main source of funding, such applications may not be able to be determined under Regulation 3 provisions.
Control of the development- where the County Council is not the main funding source of a development, but retains responsibility for the design process/letting contracts.
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Examples where Regulation 3 applications are not appropriate:
As a Regulation 3 planning consent is for the benefit of the applicant and not the land if the County Council transfers its interest in a site to a third party e.g if the County Council transfers a care home to a private operator and has no further interest in it, the private operator is required to submit a planning application for the use of the building as a care home to the relevant Local Planning Authority.(in this instance not the County Council).
2.7 Planning applications within the New Forest and South Downs National Parks
Hampshire has two National Park Authorities – the New Forest and the South Downs. Where development falls within the administrative boundary of one of the two National Parks, a planning application can not be made under Regulation 3 provisions to HCC but will need to be submitted directly to the relevant National Park Authority.
2.8 Pre application discussions
Early engagement between Strategic Planning officers and applicants on potential proposals are encouraged. The Development Management lead will allocate a Case Officer to a particular project as soon as an approach is made.
The application is for non-statutory use (e.g. a. non-curricular use on a school site, such as use of the site for boot fairs);
A private nursery facility, an independently run sports club, an independently managed after-school club, etc. (but not 'clubs' run by staff as a supplement to the curriculum);
Where the County Council’s interest is clearly insignificant (e.g. not the landowner, developer, funder, promoter, insurer or maintainer of the development);
A Lottery bid for a commercial facility, such as a privately operated sports centre, where the County Council’s interest is only as the landowner.
For an Academy/Freeschool when the County Council intends to transfer the site following development.
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Benefits of pre-application discussions are as follows:
A Case Officer will provide details on relevant consultees who should be contacted pre application to identify what concerns they might have and ascertain their requirements e.g. they may require specific statements to accompany the planning application. Should revisions occur during the design process it is strongly recommended that the relevant consultees are re-contacted at an early stage prior to submission of a planning application to check the proposal does not give rise to any additional issues.
Policies
Strategic Planning have prepared a document on policies relevant to decision making for county council developments in Hampshire. This was initially prepared for Strategic Planning Officers but is a useful point of reference for applicants in early stages of application preparation. The document is split by district or borough area and covers all planning authorities in Hampshire: Local Planning Authority (other) adopted policies (updated November 2015) - For County Council developments. When preparing an application, do not rely on the contents of this document. Please consult the relevant Local Plan. Remember that supporting text is also considered to be policy.
Risk reduction in project programmes; An opportunity to shape development at an early part of the
development process. This can deliver quicker decision making and avoid taking forward proposals likely to be unacceptable in planning terms;
Ensuring that the application is complete, comprehensive and to a satisfactory standard, avoiding rejection at the validation stage or early refusal because of inadequate or insufficient information;
Gaining site specific information on what is needed for an application to be considered more favourably;
Gaining an understanding of how national, regional and local guidance and policies will be applied to a development;
Identification of the need for any specialist input; An opportunity for wider engagement with other stakeholders (where
appropriate) in order to identify potential issues at an early stage; and
Potential saving on professional fees as a result of identifying issues at an early stage and therefore having the opportunity to address them within the formal application.
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It is a LIVE document and all planning applications are determined against planning policy so it is of interest to applicant to take this into consideration.
Environmental Requirements in Design and Sustainability (BREEAM)
A number of Local Plans in Hampshire include reference to BREEAM and list their requirements in their adoptive policies. These policies usually refer to the need for a development to meet a certain level of BREEAM. Compliance with Local Plan policies is important. As a County Council, we should try to achieve development of a very high standard of design and sustainability, meeting BREEAM requirements. However, there may be a very good reason why this cannot be achieved. In such cases, justification should be provided in the supporting statement. We strongly advise a dialogue is set up with the Local District Planning Officer at an early stage prior to submitting the application, explaining the difficulties and aim to seek a satisfactory conclusion. Need to mention about should a development be considered under a local plan with a BREEAM policy, then not seeking to meet BREEAM and the policy would be a deviation from policy / a breech of the policy. We advice detailed discussions with the district and internal political members in order to discuss and confirm the use of and justification for a package of comparative measures. There maybe a need for the report for such application to state as much (breech) to maintain planning integrity.
2.9 Community engagement in the planning process
Community involvement is an essential element of planning of County Council development. It is strongly advised that applicants make contact with the local community, interest groups and the Local County Councillor for the area prior to submitting a planning application. The applicant should make it clear in all correspondence/exhibitions that the community engagement undertaken by the applicant will be separate to the publicity and consultation undertaken by the Planning Authority upon submission of a planning application. It is also important to deliver an accurate expectation to those involved in community engagement of how planning consultation differs from project community engagement. The extent of public consultation carried out by the Development Management team as part of the application determination process is set out in the Hampshire Statement of Community Involvement (SCI) as explained in section 5.1. This consultation is likely to significantly vary in size and location to the community involved in engagement. We recommend that, should the engagement generate demand for members of the community to comment on a planning application, that the applicant notifies when and where those members can view and comment on the application. This method is explained in the adopted SCI.
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2.10 Types of planning applications
The different types of planning applications which can be submitted to HCC are summarised on the National Planning Practice Guidance. These include:
Full planning permission; Outline planning permission with all matters reserved; Reserved Matters following outline planning permission; Article 27 Condition details approval; Section 73 Removal or variation of condition; Listed Building consent; Conservation Area consent; Lawful Development Certificate for existing use or operation or activity; Lawful Development Certificate for a proposed use or development; Non – Material Amendments.
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Preparing a planning application 3.
There are a number of sources for general information:
The Government National Planning Practice Guidance (NPPG);
The Planning Portal site has a lot of useful information; and
The Hampshire CC Strategic Planning website
3.1 How to fill in the application form
The Planning Portal has a guide to completing the application form. Common areas of error:
3.2 Validation
Validation is to check whether the application is compliant and of sufficient quality to be registered. The benefits of a compliant application are:
No delays in registering the application
Saves time for the Strategic Planning team;
Saves money through efficiency; and
Starts the clock for determination. Key points for a valid application are listed below. Detailed information can be found in our guidance notes:
Floor area for a building is the sum of the external footprint for all the floors. It is not the internal floor space;
If there are trees or shrubs of the site, please tick yes;
Site area refers to the red line site area;
If the applicant is Hampshire County Council, use this as the applicant name as well as the company name; and
Description of your proposal forms the application title. See 3.2
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National validation requirements
As per the information on National validation in the Government’s Planning Practice Guidance; an application for planning permission must be accompanied by:
Plans and drawings- location plan, red line application area with scale and north point;
Ownership Certificate and proof of serving relevant notices where necessary;
Supporting Statement and details of all documents submitted; and
Accompanied by appropriate fee. In addition, there are specific requirements in relation to:
Outline planning applications.
Applications that are subject to Environmental Impact Assessment.
Local Validation requirements
In addition there are HCC requirements on validation. Please refer to HCC Validation
Guidance.
3.3 Description of the proposal
Section 5 of the planning application form is titled ‘Description of Your Proposal’. What is entered in this section will form the title of the application and any permission
Submitted on a completed, relevant planning application form
Description of the application will form the title of the application
Needs to be accurate Outline the benefits of the scheme
Ensured you have submitted all the information that would be required for consultation, including a detailed Supporting Statement and Design & Access Statement
Include sufficient information to identify the application site, e.g. the location plan with an accurate red outline
Accompanied by the relevant fee
Successful validation means the application will be formally registered and the process of consultation and determination will commence
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granted. Therefore is it very important that this description is concise, accurate and clear as it used for advertising the planning application to the general public.
Examples of application descriptions:
Good Examples Bad Examples
Extension to main school building
for 4 classrooms and associated
facilities
X 2FE extension to school.
External play space X Through a range of fund raising
activities, the School are now able to consider the provision of a dedicated external space for expressive play - it is intended this will take the form of a 'Music Garden'. It is intended that the Music Garden will provide both constructive & expressive play and will also assist Teaching Staff in formal lessons & teaching.
New single storey building for 6
classrooms and associated facilities
to serve infants and junior schools,
1 classroom single storey extension
to existing Junior School building, 1
temporary building and associated
external works
X A single storey 4 classroom new
building to accommodate 1 Infant school and 3 Junior School classrooms with associated ancillary spaces, group rooms, WCs and storage and a single storey 1 classroom extension to the Junior School with associated landscaping works including car parking, photovoltaics, and a single temporary modular building.
Demolition of a milking parlour and
construction of a new agricultural
building
X The work involves the demolition
of a redundant milking parlour and replacing with a new agricultural building, principally on the same footprint
Variation of condition 2 of planning
permission K3347/2 to extend use
of temporary classroom building for
4 years.
X Renewal of planning permission
(Application ref: K3347/2, 6/7/2012) in respect of single temporary classroom modular building
Retrospective application for a
temporary building. X Continued siting of Temporary
Building (when permission has lapsed)
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3.4 Opportunities & Benefits associated with the proposal
It is often the case that within the supporting statement that accompanies the planning application there is no reference to the opportunities and benefits associated with the proposal e.g. improve the appearance or provision of a footpath to benefit of the wider community. It is important that these are listed to promote the scheme. They may prove very useful to militate against any objections that may be received and will help members, should the planning application need to be determined by Regulatory Committee, to assess the proposal.
3.5 Determining the red/blue line areas
All applications require the area subject to the planning application to be defined by a red line on the location plan. It should include all land necessary to carry out the proposed development, landscaping, car parking and open areas around buildings. If the proposal is creating a new planning unit (such as a new school) applicants should assume that the red line area should include the link and vehicular access onto the highway. It is advisable to allow a degree of flexibility and for the red line to be drawn slightly larger than the actual proposed development, i.e. a metre out from the footprint of the building of the edge of the car park. This allows for slight relocation of the building, if this becomes necessary, between application submission and completion on site. Without this red-line allowance, a new planning application would be required in order to amend the current permission. This allowance in red line area is unlikely to increase the fee of the application. A blue line is required adjoining the red line if the adjoining land is within the same ownership.
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Good practice location plan example showing red and blue line areas
3.6 Planning for future uses
Where a proposal is submitted and there may be future plans or space allocated for the potential extension of the building, for example, a new school where a potential extension is planned in the future if further capacity is required, the applicant is recommended to identify this intention on drawings and plans with explanatory text in the application documents.
3.7 Fees
The Planning Portal will automatically generate the application fee for a planning application during the application process. However, this is double checked and amended if required, as the Planning Portal is not always accurate. It is important to ensure the correct fee category is selected by the applicant. Information on fees for planning applications can be found on the Planning Practice Guidance website.
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They are set nationally by the Government, and are calculated using the Guide to the Fees for Planning Applications in England (valid from 15 April 2015). Some points to bear in mind:
Below are Fee examples for some particular developments:
Proposed development type Relevant planning fee category
Fee
Temporary classroom, or renewal outside of permitted time period
Erection of buildings (not dwellings, agricultural, glasshouses, plant nor machinery)
£195 if under 40m2,
otherwise £385 for each 75m
2 or part thereof.*
Installation of a canopy Erection of buildings (not dwellings, agricultural, glasshouses, plant nor machinery)
£195 if under 40m2,
otherwise £385 for each 75m
2 or part thereof.*
Recladding of an existing building (including roof)
Other operations (not coming within any of the above categories)
£195 for each 0.1 hectare or part thereof.*
Replacement fencing not cover by permitted development, or a sports pitch
Other operations (not coming within any of the above categories)
£195 for each 0.1 hectare or part thereof.*
A new car park for an existing use Other operations (not coming within any of the above categories) - Car parks, service roads or other accesses, for existing uses
£195
Highway/road development Other operations (not coming within any of the above categories)
£195 for each 0.1 hectare (or part thereof) up to a maximum of £1,690*
Variation of condition: (such as the extension of a temporary permission)
Approval/Variation/discharge of condition:
£195
Approval or discharge of a condition: (i.e. an Article 27 submission, such as the submission and approval of a tree protection scheme following permission)
Approval/Variation/discharge of condition:
£195
Should a development include elements in multiple categories, the total fee is only the fee of the highest category.
Renewing a temporary permission is a flat fee as it is considered an application for a variation of condition. However, if the permission has expired, this is not possible, and a full planning application will be required at the full fee.
The recognised planning definition of floor area is the gross external area for all floors. See paragraph 018 of the PPG How is floor space calculated?
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Application for a non-material amendment (such as the repositioning of a red line area of a Location Plan)
Application for a Non-material Amendment Following a Grant of Planning Permission
£195
*Refer to the Guide to the Fees for complete fee breakdown. Seek advice from officers if you are unsure of the fee.
3.8 How to submit a planning application
All planning applications are submitted using the Planning Portal website. The Strategic Planning team do not have access to the Planning Portal. Therefore, for advice and queries about the Portal and it’s use, please contact the company themselves or try their help centre webpage.
3.9 Supporting Statement
An application should be supported by supplementary information in Plain English text to explain the nature, scale, aims and impacts of the proposal. Areas commonly regarded as material considerations should be addressed to justify the proposal in the three areas of sustainability; environment, economy and social: An applicant should include a policy assessment against the relevant development plan. For minerals and waste matters in Hampshire the development plan is the Hampshire Minerals and Waste Plan (2013) and two supplementary planning documents (SPDs) which can be located on our website. Local plans from the Borough or District Council will also be taken into account if they are specific to the proposal and/or site specific above that dealt with in the HMWP
Please check your application form and documents before submission.
If you need help with the Planning Portal, contact the Planning Portal.
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Environment
Access and traffic
Ecology
Economy
Economic Impact
Social
Privacy and overbearing
Daylight and sunlight
Health and Safety
Planning Policy – national, regional and local Visual impact
Planning History Related decisions Noise, dust and odour etc.
Cumulative impact
3.10 Supporting information requirements from Consultees
During the course of the processing of any planning application, views will be sought from relevant consultees. It is advisable to engage with the consultees at an early stage in the design process to establish their initial views and establish what information they will be seeking to be included within the planning application documentation. The remaining part of this section details the type of supporting information they may need to establish the acceptability of the proposal. It is always recommended to liaise with consultees directly in addition to the details provided. It is essential that all the correct information has been submitted with your application to avoid issues being raised through the consultation period. Common issues raised by consultees include:
ecological; concerns;
highway impacts;
Neighbourhood and amenity impacts; and
Inconsistencies/errors in plans and documents. Strategic Planning officers support and encourage the use of the pre application service (see section 2.8) so that information requirements from consultees can potentially be assessed prior to the application being submitted. Below you will find the details of our relevant consultees and some basic information on what they are likely to require as part of a planning application submission. It should be noted that the below is only a guide and may not include all of the information requirements associated with a planning application. It is conceivable that further information will be requested by consultees during the planning process.
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Sports England
Plans and detailed supporting statements outlining location and nature of existing and proposed development and sports facilities, significant features, existing levels, extent of playing fields area to be lost, reason for the chosen location and alternatives considered
Key contacts: planning.south@sportengland.com Sport England
Statutory Consultees
District & Borough Councils (Planning)
The District and Borough Councils will consider an application against their Adopted Local Plan with specific interest in information for their Environmental Health and Conservation Officers when relevant.
Key contacts: http://www3.hants.gov.uk/shiow/localpages/districts.htm
Environment Agency
If necessary produce a flood risk assessment. More information can be found at https://www.gov.uk/guidance/flood-risk-assessment-for-planning-applications
If the development is in flood zone 2 and 3 the applicant must have 1. Carried out the sequential test and exception test where necessary 2. Met additional flood resistance and resilience requirements where
necessary.
Key contacts: PlanningSSD@environment-agency.gov.uk
We offer a
Pre-app
service
We offer a
Pre-app
service
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Historic England
Measured drawings of current structures and proposed.
Plans
Photographs dated, numbered and cross referenced to a plan showing the site and its setting
Statement of significance which demonstrates an understanding of the historical, archaeological, architectural and artistic interest of the site
More information can be found at Historic England website. Key contacts: e-seast@historicengland.org.uk
Lead Local Flood Authority (HCC)
Information is required on the following: o Existing Flood Risk; o SUDS Design; o Existing Drainage of the site; o Ground conditions and Infiltration; o Runoff Calculations; o Attenuation.
Please see further information in the surface water and sustainable drainage guidance notes http://documents.hants.gov.uk/flood-water-management/SurfaceWaterandSuDSGuidance-Nov2015.pdf
Key contacts: swm.consultee@hants.gov.uk
National Parks
The application needs to demonstrate that the proposal takes into account by way of it’s implementation or design the statutory purposes of the nearby relevant National Park notably:
1. To conserve and enhance their natural beauty, wildlife, and cultural heritage
2. To promote opportunities for the public understanding and enjoyment of these special qualities.
Key contacts: dev.control@newforestnpa.gov.uk or
planning@southdowns.gov.uk
We offer a
Pre-app
service
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Other Consultees
Local Highway Authority (HCC Development Control)
Provide detailed technical drawings (plans) outlining any access routes;
Consider: o Construction Traffic Management Plans; o School Travel Plan o Relevant District Transport Plan:
http://www3.hants.gov.uk/transport-planning/transport-statements.htm .
Key contacts: highways.development.control@hants.gov.uk
We offer a
Pre-app
service
Natural England (External)
You must consult the agencies before you apply for planning permission for:
o Nationally significant infrastructure projects o Proposals that are likely to affect the agencies’ interests, like
protected sites, costal sites or flood risk zones.
Key contacts: consultation@naturalengland.org.uk
We offer a
Pre-app
service
Ecology (HCC)
Require the submission of an ecological statement provided by a qualified ecologist. This should demonstrate how impacts have been avoided, and where avoidance is not possible, how impacts will be mitigated. Support can be requested here;
Permission will be refused if development could cause significant harm and has not been adequately mitigated or compensated for.
Necessary measures should be reflected on the plans, and correspond with other parts of the planning submission (for example lighting plans, landscaping proposals).
Enhancements will, in all but the smallest of schemes, be sought as part of any proposals. See Biodiversity enhancements in HCC development for further information.
Key contacts: ecology.group@hants.gov.uk
We offer a
Pre-app
service
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Rights of Way (HCC)
Show on site and surrounding rights of way in submitted plans. Existing routes
Consider whether you would need to apply for an Order for a temporary/permanent diversion or extinguishment of an existing route. An alternative route should be provided where possible. For more information please contact: rightsofway@hants.gov.uk
Rights of Way Orders are separate to planning permissions, and will need to be secured before work commences.
Have regard to Hampshire Countryside Access Plans
Consider opportunities to improve existing routes or provide additional ones to Hampshire Design Standards.
Key contacts: landscape@hants.gov.uk
Landscape (HCC)
Application should include the following: o planning background, o site survey and o analysis, o development brief, o landscape master plan, o detailed landscape proposals and a o management plan;
Please see the Hampshire and Isle of Wight Landscape and Development Checklist. http://www.hiow.gov.uk/offnet/hlg/lndchk.pdf
Where a project falls within a scale and complexity of development that requires an Environmental Impact Assessment (EIA), a landscape and visual impact assessment should be undertaken in accordance with Guidelines for Landscape and Visual Impact Assessment 3rd edition (GLVIA3).
A landscape and visual impact appraisal may be required for projects that do not need an EIA but are still considered to be of a sufficient scale and complexity to warrant this approach. This should also be undertaken in accordance with GLVIA3.
Key contacts: landscape@hants.gov.uk
We offer a
Pre-app
service
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Environmental Health Officer – EHO (District and Borough Councils)
Information relating to environmental health issues such as o Noise assessment o Lighting assessment o Air quality assessment o Land contamination assessment
Key contacts: EHO officer for the relevant district
Public Health (HCC)
How the proposal promotes the health and wellbeing of the local population.
Key contacts: public.health@hants.gov.uk
Archaeology (HCC)
Preparation of a Heritage Statement including details on: o Known and potential archaeology; o Impact of development; and o Mitigation strategy
Key contacts: historic.environment@hants.gov.uk
We offer a
Pre-app
service
Conservation Officer (District or Borough Councils)
The Conservation Officer at Local Planning Authorities are consulted upon application for development that may affect a listed building, scheduled monument, conservation area or other heritage asset. Refer to Historic England for further information of consents required for work that may affect a heritage asset. Note: it is a criminal offence to carry out works on a listed building without Listed Building Consent. Conservation officer’s will require:
Listed Building Consent for all works of demolition, alteration or extension to a listed building that affect its character as a building of special architectural or historic interest; and
A planning application to include a heritage statement.
Key contacts: Conservation officer for the relevant District or Borough Council
where the application is located
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Street Lighting (HCC)
Information such as a lighting assessment
Key contacts: streetlighting@hants.gov.uk
Arboriculture (HCC)
If either answers to question 15 on the application form are ‘YES’, you must provide:
o Arboricultural Survey (and accompanying plan) and impact assessment
o Tree Protection Plan
If the operations are proposed within the Root Protection Area, an arboriculture method statement is required.
If the operations include the removal of trees then they must be adequately compensated and a planting plan with a full young tree management programme should also be supplied.
Key contacts: arb@hants.gov.uk
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What happens once you have submitted your 4.application?
4.1 Validation
Once a planning application is validated an acknowledgement will be sent to the applicant together with details of the allocated Case Officer and date for determination. Planning applications are required to be determined within the statutory time limit. Refer to section 4.6 How decision making takes place.
4.2 Consultation
Following validation, the application will follow the same statutory procedures as for any other type of planning application submitted to HCC. This formal processing stage includes:
consultations with the local District Council, any Parish Council and other statutorily defined bodies relevant to your proposal.
publicising the application (usually by site notices) and notifying neighbouring occupiers (in line with the provisions of the Hampshire Statement of Community Involvement (SCI)) and the local County Council Member.
All planning applications submitted to HCC will be subject to public consultation in lines with the adopted SCI. This sets out the timescales for consultation and the methods in which consultation takes place. A variety of consultees will be consulted on a planning application. These include:
Consultees (see section 3.6);
Elected members;
District and Borough Councils;
What happens if an application is not valid?
Should the application be considered to be invalid upon submission, then the Validating Officer will notify you within five working days of receipt of the planning application. You will either be notified of any changes or additional information necessary to make the application valid and be given a timeframe to complete this action, or if there are significant issues with the application it will be returned to you and you will have the choice of submitting a revised application or not.
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Neighbourhood forum (established);
Parish & Town Councils; and
Residential properties and other properties with a certain distance from the application, usually 50 (urban) or 100 (rural) metres.
All major or E.I.A. Regulation 3 proposals will be advertised in the local newspaper. The Section 1.2 diagram summarises the consultation process.
4.3 Common issues raised during consultation
Common issues raised through the consultation process for Reg 3 applications include the following:
Parking provision;
Ecology concerns;
Loss of sports pitches;
Impact on trees;
Neighbourhood impacts; and
Inconsistencies / errors in plans and documents.
4.4 Departures
If your proposal is a formal departure from the policies or land use allocation shown in the relevant approved Local Plan, the application will need to be advertised in the local press, and may need to be referred to the Secretary of State, before it can be determined. This could therefore delay determination.
4.5 Resolving issues and objections
If there are concerns or minor objections, which can be resolved by negotiations or amendments to the application, the Case Officer will notify the applicant. Whilst this procedure might avoid the need for consideration by the Committee, it does inevitably add to the overall processing time and mean that a decision within the 8 week target is unlikely, especially if further consultations are then needed. However, if there are no substantive objections received at all, nor any planning concerns of the Case Officer, then a delegated (rather than Committee) decision may be taken by officers. If there are substantive objections to your proposal, or it is a Departure from the Local Plan, then it will have to be referred to the County Council’s Regulatory Committee for determination (see section 4.6).
4.6 How decision making takes place
Upon validation of an application, the case officer will be assigned the application and oversee the publicity and consultation process. During the determination period, the Case Officer may request further information to satisfy consultees or the Case Officer.
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An extension of time may be requested by the Case Officer of the agent or applicant to allow the supply of information, if this is deemed appropriate action to take. The Case Officer will write a report summarising the application and recommendation as to its determination. The decision is made in one of two ways, either as a delegated decision or a Regulatory Committee decision. Most of the determination process is laid down by Statute, rather than by the County Council. Planning applications are required to be determined within the statutory time limit. Allow at least 8 weeks for a decision to be reached. However, it can take longer with more complex proposals, or where objections are received and attempts are made to find an acceptable solution. If timescales are not likely to be met, the planning authority will seek an extension of time agreed in writing with the applicant. The time limits are set out in the NPPG, paragraph 1, Determining a planning application. More information on the decision making process can be found on our website and within our adopted SCI.
Delegated Decisions
Those applications which are not taken to Regulatory Committee are determined by the Strategic Planning team under Delegated powers. The Case Officer will prepare a Delegated Report summarising the application and conclusions reached with either a positive (granted) or negative (refused) recommendation. Reasons will be provided if a refusal is recommended and conditions as appropriate for an approval. It will be reviewed by senior management and a decision issued if accepted. This process will be completed as quickly as staff resources allow.
Regulatory Committee Decisions
A proposal will need to be determined by the HCC Regulatory Committee should the decision be made based on the Scheme of Delegation found in the adopted SCI.
•All other application types (including Minor) 8 weeks
•Major Development Applications (i.e. over 1 hectare of land or 1,000 m2 of floorspace) 13 weeks
•Application is subject to an EIA 16 weeks
With respect to Regulation 3 planning applications, all major applications are taken to committee. These are applications with site areas over 1 hectare or 1,000 square metres of floorspace.
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The Case Officer’s report will be a committee report summarising the application and conclusions reached with either a positive (granted) or negative (refused) recommendation. Reasons will be provided if a refusal is recommended and conditions as appropriate for an approval. Committee reports will be issued to the Regulatory Committee prior to the Committee meeting and at the meeting the Committee will review, debate, hear representations and vote upon whether to refuse, accept or defer the recommendation. This impacts the timescales for the delivery of reports and determination period. The committee process can add at least a month to the overall processing. In particular, the Committee only meets once per month, and time also has to be allowed for the preparation and publication of papers in advance of meeting to comply with Access to Information requirements, printing and circulation.
We highly recommend that the applicant and/or agent request deputation at Regulatory Committee hearing for their application. This is a key opportunity to set out the benefits of an application and answer any questions the committee have. Requests for deputation at a Regulatory Committee meeting is done via the HCC website page Speaking at a County Council meeting.
Conditions
All planning permissions will include conditions. It is essential that all conditions are
complied with (see section 5.1)
Extensions of Time
Extensions to the determination time will be agreed with the applicant if required.
Application to be
determined
Delegated Decision
Regulatory Committee
Decision
No issues
or
objections
Scheme of
Delegation
(refer to SCI)
OR Significant
objections and
issues raised
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Post planning permission 5.
5.1 Why compliance is important
A Regulation 3 planning development has exactly the same level of requirement of compliance as planning permission issued by any other planning authority. Therefore it is the applicant’s responsibility to ensure there is not a breach of planning control. National Planning Practice Guidance gives details about what is a breach of planning control.
Enforcement of a breach of planning control relating to a Regulation 3 development is carried out by the relevant local District or Borough Council.
It is very important to ensure compliance with planning permissions to minimise the risk of negative impact to Hampshire County Council’s reputation. It demonstrates to the media, public and other councils that we follow our own procedures. Examples of a breach of planning control are:
5.2 Article 27s
It is the responsibility of the applicant to discharge any conditions attached to a planning permission. This is important for all conditions, in particular pre-commencement conditions. A fee will be payable to discharge a condition. Should information be submitted to discharge a number of conditions at the same time, only one fee will be charged.
A breach of planning control is defined in section 171A of the Town and Country Planning Act 1990 as: the carrying out of development without the required planning permission;
or failing to comply with any condition or limitation subject to which planning
permission has been granted. Any contravention of the limitations on, or conditions belonging to, permitted development rights, under the Town and Country Planning (General Permitted Development) (England) Order 2015, constitutes a breach of planning control against which enforcement action may be taken.
Paragraph: 001 PPG Planning enforcement – overview
Commencing on site without planning permission having yet been granted;
Failing to comply by a condition of a planning permission;
Having a development with planning permission that has lapsed due to exceeding a condition with a timescale giving temporary permission; and
Failing to discharge a condition requiring submission and approval of information via an Article 27 application.
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5.3 Variations to Planning Conditions
A planning application is required should a variation be necessary to a planning condition e.g. extend a period of time for a landscaping scheme to be completed. A flat fee will be charged and a decision will be made within an 8 week period.
5.4 Non Material Amendments/ Variations
The definition of non-material is the responsibility of each planning authority to determine. The judgement on “materiality” in any particular case is one of fact and degree, also taking into account the likely impacts of the amendment. Materiality is considered against the development as a whole, not just a part of it. The benchmark for forming the judgement on materiality is always the original planning permission. Refer to the PPG Flexible options for planning permissions for more information.
If you are proposing minor changes from the approved plans that you think could be considered as a non-material amendment, then you should contact the Case Officer who originally dealt with your application or the Development Management lead in their absence. The Case Officer will be able to advise if the amendments can benefit from this procedure, or whether a new application/variation of condition application will be required. More information on non material amendments to permissions granted by HCC can be found on our website.
The period for discharging a condition is 8 weeks from receipt.
Examples of where Non-material amendment applications are not appropriate:-
The application site area (red line) differs from the original application;
The application description differs from the original application;
The proposal would result in changes to the external details (e.g. facing materials or roof shape) that would materially alter the appearance of the building;
The amendment significantly increases the size of any part of the development;
The amendment significantly moves the location of the development;
The height of the building or structure is increased;
If the amendment locates any part of the development closer to a neighbour unless the development as amended is in excess of 5 metres from the common boundary with the neighbour; and
There were any relevant objections to the original proposal which would be compromised by the proposed minor amendment.
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Clarification on specific issues 6.
The following are a list of common issues raised by Regulation 3 planning applications and should provide general assistance with various types of applications.
6.1 Temporary classrooms
Hampshire County Council make wide use of temporary buildings in order to provide additional accommodation at schools. These generate a large number of planning applications typically in three forms:
new development;
renewal of existing permissions; or
retrospective applications to continue to site a building whose temporary permission has lapsed.
These applications have a number of common issues which have been highlighted
below.
What is considered to be temporary?
Applications for temporary buildings, such as mobile classrooms, need a strong justification, since in planning terms these structures are a short-term solution and are not normally acceptable in the long term. It should be noted that it is the Planning Authority's practice to only grant a temporary consent for a temporary structure. This is usually for a maximum of 5 years. Longer periods of time may be considered for buildings which, whilst of more permanent need, are on non-permanent foundations or are themselves of temporary or re-locatable construction. The Planning Statements for temporary buildings should indicate what purpose the unit is to serve, why a temporary solution is considered and whether there are permanent proposals in hand/under consideration, which would give a realistic indication of how long the building is likely to be on site.
Renewal of temporary permissions
It is an exception to renew or extend a temporary planning permission. The temporary status, defined by the time including in the application, is a material consideration of its approval. Therefore, it stands to reason that the original permission is put into question should it be considered acceptable to materially change a parameter of that permission (in this case the condition limiting the time of the development). Although possible, in an exceptional situation, it should not be considered acceptable practice to repeat the temporary permission of a development. The government provide guidance on this in paragraph 014 of their Use of Conditions Planning Guidance. This states that “It will rarely be justifiable to grant a second temporary permission – further permissions should normally be granted permanently or refused if there is clear justification for doing so. There is no
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presumption that a temporary grant of planning of planning permission should be granted permanently.” Therefore the permanent solution for the need for the development should be addressed during the duration of its temporary permission.
Demonstrating need for a temporary development
In order to build an adequate case for a temporary building, it is important to provide site-specific reasoning for the need of the development. This can include the need to accommodate increased numbers of pupils (plus include numbers), need to house pupils during works to other areas of the school, the need to have additional storage space during the construction of an extension, etc. General, national need for schools to accommodate for fluctuating pupil numbers does contribute, but the reasons need to be site specific.
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Where can I find out more information? 7.
You can contact Strategic Planning team by:
Lisa Kirby Hawkes: 01962 845795 Judith Smallman: 01962 847870 Katherine Snell: 01962 845938 Rob Storey: 01962 847981 Philip Millard: 01962 846496
Strategic Planning, Economy, Transport & Environment Department Hampshire County Council Elizabeth II Court West 1 The Castle Winchester Hampshire, SO23 8UD
planning@hants.gov.uk
www3.hants.gov.uk/mineralsandwaste.htm
7.1 Important Links
Hampshire County Council: http://www3.hants.gov.uk/mineralsandwaste/planning-application-information.htm
Local Planning Authority (other) adopted policies (updated November 2015) - For County Council developments: http://hantsfile.it2000.hants.gov.uk/LinkViewer/LinkViewer.aspx?PIDv1=91%203%20ICM8%20ICMNLSDB10%20DOC%5FBIN%5F0160%2026%20A1001001A15J28B30732H6608318%20A15J28B30732H660832%20264%201177
Hampshire Statement of Community Involvement: http://documents.hants.gov.uk/HampshireSCIAdoptedFinalMay2014.pdf
Hampshire CC strategic planning website: http://www3.hants.gov.uk/environment
Application Form Guidance Notes: http://www3.hants.gov.uk/application_guidance_notes.pdf
Decision making process: http://www3.hants.gov.uk/mineralsandwaste/the-decision-process.htm
Guidance on Non Material Amendments: http://www3.hants.gov.uk/non_material_amendments.pdf
Regulatory Committee deputation: https://www.hants.gov.uk/aboutthecouncil/councillors/speakatmeeting
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National Planning Practice Guidance: http://planningguidance.communities.gov.uk/blog/guidance/
Permitted development: http://planningguidance.communities.gov.uk/blog/guidance/when-is-permission-required/what-are-permitted-development-rights/#paragraph_014
Types of planning applications: http://planningguidance.communities.gov.uk/blog/guidance/making-an-application/types-of-application/
Validation requirements: http://planningguidance.communities.gov.uk/blog/guidance/making-an-application/validation-requirements/national-information-requirements/
Ensuring effective enforcement: http://planningguidance.communities.gov.uk/blog/guidance/ensuring-effective-enforcement/planning-enforcement-overview/
Use of Conditions: http://planningguidance.communities.gov.uk/blog/guidance/use-of-planning-conditions/what-approach-should-be-taken-to-imposing-conditions/
Time periods for determination: http://planningguidance.communities.gov.uk/blog/guidance/determining-a-planning-application/what-are-the-time-periods-for-determining-a-planning-application/
Planning Portal: https://www.planningportal.co.uk/
Planning portal: https://www.planningportal.co.uk/info/200206/help How to apply:
https://www.planningportal.co.uk/info/200126/applications/59/how_to_apply Planning portal:
https://ecab.planningportal.co.uk/uploads/appPDF/Help004_england_en.pdf A Guide to the Fees for Planning Applications in England:
https://ecab.planningportal.co.uk/uploads/english_application_fees.pdf Planning Portal help centre webpage:
https://www.planningportal.co.uk/info/200206/help Other
Town and Country Planning Act 1990, section 55: http://www.legislation.gov.uk/ukpga/1990/8/part/III/crossheading/meaning-of-development
Town and Country Planning Act 1990, section 57: http://www.legislation.gov.uk/ukpga/1990/8/part/III/crossheading/requirement-for-planning-permission
The Town and Country Planning (General Permitted Development) (England) Order 2015 (No. 596): http://www.legislation.gov.uk/uksi/2015/596/contents/made
Town & Country Planning General Regulations 1992: http://www.legislation.gov.uk/uksi/1992/1492/regulation/3/made
South Downs National Park Authority: https://www.southdowns.gov.uk/planning/
New Forest National Park Authority: http://www.newforestnpa.gov.uk/planning