Changes to Development Control system
On 12th June 2006 the Department for Communities and Local Government (DCLG) issued a new circular 01/2006. This document provides guidance on the changes to the Development Control system announced by Planning Minister Yvette Cooper on 12th April 2006.
The circular provides guidance on a number of planning reforms, some of which came into force on 10th May 2006 and some of which are coming into force on 10th August 2006. It is fair to say that the changes coming into force on 10th August have the greatest impact on the way in which applications are made and how the Council considers them. This note therefore focuses more on those changes.
Changes already in force (10th May 2006)
Power for Local Planning Authorities to make Local Development Orders
• This change will allow Local Authorities to extend permitted development rights in local area and assist in implementing policy.
Powers controlling certain Internal floor space additions mezzanines
• This change will affect Internal floor space increases; such as mezzanine floors where additions of 200sq metres or more in buildings used for retail purposes will need to have planning permission.
Changes to the decision period for Major planning applications
• The Local Planning Authority will have 13 weeks to reach a decision on a major application. After this time the applicant can appeal against non-determination.
Changes, coming into force on 10th August 2006
Design and access statements and changes to outline planning permission process
Design and Access Statements
Requirement
There will be a requirement for Design and Access statements to accompany applications for certain types of permission and consent. If you fail to submit a Design and Access Statement, your application will be treated as invalid and will not be processed, resulting in delays in dealing with your application.
The only exception accompanying planning applications is for change of use proposals (unless it involves operational development), engineering operations and householder applications outside conservation areas. They will also be required to accompany applications for listed building consent.
Design and Access Statements are not required for applications relating to advertisement control, tree preservation orders or storage of hazardous substances.
Purpose
Statements will explain and justify the proposals in the planning application. It will also set out the principles and concepts that will be used when the proposal is developed in the future. This is particularly important for outline applications.
In the case of outline applications, the principles fixed in the statement will have a bearing on future decisions such as reserved matters. The Local Planning Authority can ensure that parts of the statement are adhered to in the assessment of future details.
A Design and Access statement should be prepared at the start of the development process and should evolve as the scheme is defined. It is therefore good practice to use design and access statements as an aid to pre-application discussions.
Status
The Design and Access Statement will accompany the planning application but will not form part of it.
The Council will place a copy of the Design and Access Statement on the public register with the planning application, and a copy will be viewable on the Council’s website.
For outline applications, the subsequent reserved matters should be brought forward within the parameters described in the Design and Access Statement as controlled by a condition on the outline consent.
What a design and access statement should contain
For most straightforward applications, statements can be short, only a page may be needed.
For more complicated applications, a more detailed and longer format will be required, which may also include drawings and plans illustrating the various issues the scheme has responded to.
It is important that the document is concise and effectively covers all of the design and access issues of the proposed development. They may include plans and elevations, photographs of the site and its surroundings, illustrations and even models for larger proposals.
What is required in a Design And Access Statement – The Design Component
The following is a brief guide to the key components and elements of a Design and Access Statement. The Commission for Architecture and the Built Environment (CABE) have produced a best practice guide to accompany this new legislation called ‘ Design and Access Statements’ How to write, read and use them. It is available on www.cabe.org.uk
It is required to explain the design principles and concepts that have been applied to particular aspects of the proposal – these are the amount, layout, scale, landscaping and appearance of the development.
Amount – How much development is proposed, for residential the number of units and for all other development the proposed floor space for each proposed use – This cannot be reserved in an outline application.
Layout – The way in which buildings, routes and open spaces are provided, placed and orientated in relation to each other and buildings surrounding the development - if layout reserved, the outline application should provide approximate location of buildings, routes and open spaces proposed.
Scale – is the height, width and length of a building or buildings in relation to its surroundings – If scale has been reserved at outline stage the application should still indicate parameters for the upper and lower limits of the height width and length of each building.
Landscaping – the treatment of private and public spaces to enhance or protect the amenities of the site through hard and soft landscaping measures, also how it should be maintained.
Appearance – the aspect of a place or building that determines the visual impression it makes including the built form of the development, its architecture, materials, decoration, lighting and texture.
The Access Component
Relates only to “access to the development” and not internal aspects of the building.
Statements should explain how access arrangements will ensure that all users will have equal and convenient access to buildings and spaces and the transport network.
Explain the policy adopted in relation to access and how relevant policies in Local Development Documents have been taken into account. Also provide information on any consultation undertaken in relation to access and how it has formed proposals.
Access for emergency vehicles should also be explained.
Where access is reserved on Outline applications the application should still indicate the location of points of access to the site.
Design and Access Statements will be required for listed building consent with special emphasis on how it addresses the requirements of PPG 15. Where submitted in parallel with planning applications, a combined statement should address requirements of both.
Changes to Outline Application process
Amendments to the General Permitted Development Order alongside the requirement to submit a design and access statement means that applications will have to demonstrate more clearly that proposals have been properly considered in the light of relevant policies and sites constraints and opportunities. It also provides the basis for greater and better community involvement in the planning process.
Changes to Reserved Matters
Reserved matters previously consisted of siting, design, external appearance, means of access and landscaping
These will be replaced by: Layout, Scale, Appearance, Access and Landscaping.
Information to be submitted with an Outline Application
As a minimum Outline applications should always include information on:
Use, Amount of development, Indicative layout, Scale parameters and Indicative access points.
In addition, the circular introduces the minimum amount of information to be submitted with an outline application as set out below:
Use – details of the use or uses proposed and any distinct development zones; Amount of development – the amount of development proposed for each use; Indicative layout – An indicative layout with separate development zones as appropriate; Scale parameters – Indication of upper and lower limits for height, width and length of each building; |
The Design and Access Statement accompanying the application plays a particular role in linking general development principles to final detailed designs (reserved matters).
New application forms will be available from the Council to take account for these changes.
Helpful websites for further reading and guidance:
Department for Communities and Local Government www.communities.gov.uk
Search: Circular 01/06 (DCLG): Guidance on Changes to the Development Control System
Commission for Architecture and the Built Environment (CABE) www.cabe.org.uk
Search: New guidance for design and access statements
Disability Rights Commission www.drc-gb.org
Search: Guidance on access statements
This document was last updated on 2008-01-18 11:16:23 published by the Planning team. Document Reference:LBE_124646
