Introduction

The validation stage for planning applications is from the point when a local authority receives an application to confirming that all the necessary information is present, and sufficient, in order to judge the impact of the proposed development and make an informed decision.

This document sets out the national and local information requirements that must be submitted for different types of planning application in Torbay. The local requirements (‘the Local List’) must be reviewed and updated every two years.

National Requirements

The minimum requirements for planning applications are set out in the Town and Country Planning (Development Management Procedure) (England) Order 2015 and further detailed by the Planning Practice Guidance.

The national requirements are shown for information purposes only and are up to date at the time of publication of this document; however, they can be changed by the Government at any time, so please contact Torbay Council if you have any queries.

Information about National Requirements

Local Requirements

In addition to the national minimum requirements, the National Planning Policy Framework (NPPF) requires local planning authorities to publish a list of their requirements for planning applications. These requirements must be:

  • reasonable having regard, in particular, to the nature and scale of the proposed development; and
  • about a matter which it is reasonable to think will be a material consideration in the determination of the application.

Information about Local Requirements

Whilst it will always be necessary to submit the national requirements for applications to be validated, there may be times where the local requirements are not needed. Therefore, applicants are encouraged to submit Householder Development Enquiries for householder applications and Pre-application Enquiries for other application types to receive confirmation of what information needs to be submitted, together with advice on whether planning permission is required or is likely to be granted.

The forms are available to download on the Council’s website and include details of the fee for this service. 

If the Council considers that insufficient information has been provided to validate an application, the case officer shall contact the applicant as soon as possible to explain what additional information is required and the reasons for this.

If the applicant disagrees and this cannot be resolved through informal negotiation, the applicant can submit an Article 12 notice of the Town and Country Planning (Development Management Procedure) Order 2015 to the Council setting out the reasons why the information requested does not meet the tests in article 34(6)(c) of the DMPO. The Council will consider the merits of this and either validate the application or issue a non-validation notice. In the case of the latter, if the Council has not determined the application within the relevant statutory time period, usually 8, 13 or 16 weeks, the applicant may appeal to the Planning Inspectorate against non-determination of the application.

Further guidance can be found on the Planning pages on the Council’s website and on the Planning Practice Guidance website

The best way to submit applications is online via the Planning Portal website

  • If you are making your submission electronically, please structure it in the following way:
  • no individual document should be greater than 5MB;
  • large documents should be broken down into manageable files, e.g. chapters;
  • it is important that the electronic file names reflect the plan or document names; and
  • drawings should be oriented so that they appear correctly when viewed on screen and should be provided in pdf format

We can also accept submissions by email (planning@torbay.gov.uk) or on paper by post or hand delivered to:

Torbay Council
Spatial Planning
Town Hall
Castle Circus
Torquay
TQ1 3DR

Please note that once hard copies have been received they cannot be returned.

This document refers to information requirements for all types of applications, including:

“Householder application” – means:

  • an application for planning permission for development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse; or
  • an application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development, but does not include an application for a change of use or an application to change the number of dwellings in a building.

“Major development” – development meaning one or more of the following:

  • the winning and working of minerals or the use of land for mineral-working deposits;
  • waste development;
  • the provision of dwellinghouses where:
  • the number of dwellinghouses to be provided is 10 or more; or
  • 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 sub-paragraph c)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; or
  • development carried out on a site having an area of 1 hectare or more.

“Mining operations” – means:

  • the winning and working of minerals in, on or under land, whether by surface or underground working.

“Waste development” – means:

  • any operational development designed to be used wholly or mainly for the purpose of, or material change of use to, treating, storing, processing or disposing of refuse or waste materials

Document - Statement of Heritage Significance 

  • When is it required - Where the development/works will affect a heritage asset or its setting, such as a conservation area, listed building, scheduled monument or historic park and garden
  • What is required - The requirements for Statements of Heritage Significance are set out within the NPPF. A template statement can be completed online or downloaded from our website.  It is expected that this template be completed in full and as accurately as possible. 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. A further heritage impact assessment may be required for particularly complex or sensitive proposals.
  • Why it is required and further information - Policies HE1 and HE2 of the Torbay Local Plan and the NPPF

Document - Archaeological Desk-based Assessment

  • When is it required - Where the application site includes, or is likely to include, archaeological remains
  • What is required - Guidance on non-designated heritage assets of archaeological interest is available on the Planning Practice Guidance website. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy HE1 of the Torbay Local Plan and the NPPF

Document - Design Code

  • When is it required - Major development proposals to be built in phases and by different developers
  • What is required - Guidance on Design Codes is available on the Planning Practice Guidance website. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry
  • Why it is required and further information - NPPF

Document - Joinery Details

  • When is it required - Where the proposed development/works includes replacement windows and/or doors which would affect a heritage asset or its setting, such as a conservation area or a listed building
  • What is required - Elevation at scale 1:10 or larger of existing and proposed windows and/or doors, and a typical section including reveal at scale 1:1
  • Why it is required and further information - Policies HE1 and DE1 of the Torbay Local Plan

Document - Design and Access Statement

  • When is it required - In addition to applications where a D&A Statement is a national requirement, the following developments will also require a Design and Access Statement:
    • development or works to, or within the curtilage of, a listed building, a Registered Park & Garden or a Scheduled Monument
  • What is required - The Design and Access Statement must explain the design principles and concepts that have been applied to the development or works and explain how the design responds to its context and the needs of the development or works.
  • Development proposals will be assessed against the design considerations in Local Plan Policy DE1.
  • Why it is required and further information - Policies HE1, HE2, SS10 and DE1 of the Torbay Local Plan.

Document - Wildlife and Geology Trigger Table

  • When is it required - All applications
  • What is required - It is expected that this form be completed in full and as accurately as possible.This document can be downloaded from the Council’s Torbay Local Validation List consultation
  • Why it is required and further information - This will help to identify if further ecological surveys/reports are required at validation stage. Policy NC1 of the Torbay Local Plan and the NPPF

Document - Wildlife Report

This may include:

Ecological Impact Assessment (including all protected species survey data, mitigation, enhancement and compensation)

  • When is it required - Where indicated as necessary from the completed Wildlife and Geology Trigger Table
  • What is required - This should be carried out by a suitably qualified ecologist and should be proportionate to the potential impacts. Surveys must be up-to-date and accord with best practice guidance/local guidance. Where the need for further survey works has been identified the surveys should take place prior to the validation of the planning application. View the Planning guidance on wildlife habitats and species.  Further guidance is provided by the Planning Practice Guidance website and Natural England, including standing advice for different protected species, on the GOV.UK website Where there is uncertainty, the applicant is recommended to submit pre-application enquiry.
  • Why it is required and further information - The Conservation of Habitats and Species Regulations 2010 (as amended) Policies SS8 & NC1 of the Torbay Local Plan and the NPPF

Document - Bat and Bird Screening Checklist 

  • When is it required - Householder applications, relevant demolition in a conservation area or full applications where protected species surveys have identified that there are only bat roost / bird nesting issues
  • What is required - This should be submitted where protected species surveys have identified that a proposal will impact a bat roost or nesting birds. This will ensure a quicker ecological assessment process.  

Document - Biodiversity net gain statement

When is it required - All applications that would be subject to the general biodiversity net gain (BNG) condition.

What is required - A completed Devon Biodiversity Net Gain Statement for Validation (this can be downloaded here) including;

  • The steps taken to minimise adverse biodiversity impacts in line with the mitigation hierarchy
  • The proposed approach to enhancing biodiversity on site (including how the applicant has followed the sequential approach and a justification as to why the proposed approach is the most appropriate);
  • Any proposed off site biodiversity enhancement (including the use of biodiversity units and/or national credits) that have been planned or arranged for the development
  • Why it is required and further information - Paragraphs 9, 10 and 16 of the Biodiversity Net Gain Planning Practice Guidance Devon Biodiversity Net Gain Guidance
  • Policies SS8 & NC1 of the Torbay Local Plan and the NPPF

Document - Biodiversity net gain assessment

  • When is it required - All applications that would be subject to the general biodiversity net gain condition.
    • Statutory Biodiversity Metric Calculation for the baseline and post-development on-site habitats;
    • A statement setting out whether any on-site BNG is “significant[1]”, summarising how the biodiversity value will increase;
    • How the biodiversity metric principles have been adhered to;
    • A timetable for habitat enhancement/creation;
    • A commitment to providing a GIS layer to the LPA of the habitats being enhanced, managed, created when final details are agreed during the discharge of BNG condition application.What is required - A report clearly setting out how the development will achieve 10% Biodiversity Net Gain, including:

This must be completed by a suitably qualified ecologist.

  • Why it is required and further information - Paragraphs 9, 10 and 16 of the Biodiversity Net Gain Planning Practice Guidance Devon Biodiversity Net Gain Guidance Policies SS8 & NC1 of the Torbay Local Plan and the NPPF

Document - Biodiversity Net Gain Assessment (in addition to the above)

  • When is it required - For applications where HRA or other legislative requirements stipulates that an application is also required to deliver mitigation and/or compensation for likely significant effects upon a protected site/species
  • What is required - A section or appendix to the statement providing transparency over which onsite or offsite enhancements are related to net gains and counted for BNG purposes. This should draw directly on any information within any associated Ecological Impact Assessment and make direct links across relevant information in other appropriate documentation (such as Bat Mitigation Strategies).
  • Why it is required and further information - Devon Biodiversity Net Gain Guidance Policies SS8 & NC1 of the Torbay Local Plan and the NPPF

Document - Biodiversity Net Gain Assessment (in addition to the above)

  • When is it required - Applications on land which includes an irreplaceable habitat
  • What is required - A section or appendix to the Biodiversity Gain Statement which:
    • transparently details the considerations and calculations relating to the irreplaceable habitat; and
    • provides bespoke compensation to address specific losses and deterioration of irreplaceable habitats (to be agreed on a case-by-case basis with the LPA)
  • Why it is required and further information - Paragraphs 9, 10 and 16 of the Biodiversity Net Gain Planning Practice Guidance Devon Biodiversity Net Gain Guidance Policies SS8 & NC1 of the Torbay Local Plan and the NPPF

[1] Significant BNG is defined the Devon BNG Guidance and in government guidance

Document - Biodiversity Net Gain Plans and Drawings

  • When is it required - All applications that would be subject to the general biodiversity net gain condition.
  • What is required -
    • On-site baseline habitat plan
    • Draft on-site post-intervention proposed habitat plan
    • Draft off-site baseline habitat plan (if relevant)
    • Draft off-site post-intervention proposed habitat plan (if relevant)
    • Plans should be to scale and in line with other validation checklist conventions for site plans
    • Plans should identify all different habitats referred to within the Metric submission so the size and location of habitat parcels can be fully understood spatially as well as through the metric
  • Why it is required and further information - Paragraphs 9, 10 and 16 of the Biodiversity Net Gain Planning Practice Guidance Devon Biodiversity Net Gain Guidance Policies SS8 & NC1 of the Torbay Local Plan and the NPPF

Document - Biodiversity Net Gain Management, maintenance, and monitoring arrangements

  • When is it required - Applications where significant[1] increases in onsite biodiversity enhancements are proposed [1] Significant BNG is defined the Devon BNG Guidance and in government guidance
  • What is required - Draft Habitat Management and Monitoring Plan including details of the intended management, maintenance, and monitoring and financing arrangements for a period of at least 30 years after the development is completed, for any areas of significant onsite enhancements.
  • Why it is required and further information - Paragraphs 9, 10 and 16 of the Biodiversity Net Gain Planning Practice Guidance Devon Biodiversity Net Gain Guidance Policies SS8 & NC1 of the Torbay Local Plan and the NPPF

Document - Biodiversity Net Gain draft agreements or heads of terms to secure offsite gains

  • When is it required - Applications where offsite biodiversity gains are to provide gains for the development
  • What is required - Indicative agreements or heads of terms to clearly demonstrate how any offsite BNG will be achieved (including evidence that the Biodiversity Gain Site from which any offsite biodiversity units are being purchased is registered on the national register).
  • Why it is required and further information - Paragraphs 9, 10 and 16 of the Biodiversity Net Gain Planning Practice Guidance Devon Biodiversity Net Gain Guidance Policies SS8 & NC1 of the Torbay Local Plan and the NPPF 

[1] Significant BNG is defined the Devon BNG Guidance and in government guidance

Document - Biodiversity Net Gain Phasing Report

  • When is it required - Applications for outline permission and other phased developments
  • What is required - A report explaining the strategy to achieve the biodiversity gain objective across the whole site which demonstrates how this could be delivered on a phase-by-phase basis, including:
    • the key principles that will be followed to ensure biodiversity gain commitments are achieved through subsequent detailed design;
    • how BNG delivery will be tracked on a phase-to-phase basis, including target percentages to be achieved at each stage;
    • the approach to be taken in the event that subsequent phases do not proceed or fail to achieve their gain targets; and
    • the pre-development biodiversity value of the site as a whole.

It is noted that outline applications and other phased developments often do not include the specific definitive number of units/floorspace and will not have the full site layout agreed. As such, a precautionary approach shall be taken.

  • Why it is required and further information - Paragraphs 9, 10 and 16 of the Biodiversity Net Gain Planning Practice Guidance Devon Biodiversity Net Gain Guidance Policies SS8 & NC1 of the Torbay Local Plan and the NPPF

 

Document - Tree Survey, Tree Constraint Plans & Arboricultural Impact Assessment

  • When is it required - For development proposals on sites with trees, or where trees are in close proximity to the site boundary
  • What is required - Tree Surveys and Arboricultural Impact Assessments should be carried out in accordance with BS 5837:2012 or any superseding standard. Standing Advice for Ancient Woodland and Veteran Trees (April 2014) is available on the GOV.UK website Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry
  • Why it is required and further information - Policy C4 of the Torbay Local Plan

Document - Tree Protection Plan & Arboricultural Method Statement (as applicable)

  • When is it required - For development proposals that will affect trees
  • What is required - The Council's Arboricultural Officer will be consulted to determine whether this information is required. A Tree Protection Plan should be provided to inform the proposals. Where necessary, the Council may add a planning condition to the planning permission requiring the submission of updated details prior to the development commencing. Tree Protection Plans and Arboricultural Method Statements should be carried out in accordance with BS 5837:2012 or any superseding standard. Standing Advice for Ancient Woodland and Veteran Trees (April 2014) is available on the GOV.UK website
  • Why it is required and further information - Policy C4 of the Torbay Local Plan

Document - Landscape and Visual Impact Assessment

  • When is it required - Major development proposals on undeveloped sites, or development proposals within the AONB or that could affect the setting of the AONB or Undeveloped Coast
  • What is required - The AONB and Undeveloped Coast are shown on the Local Plan Policies Map found on the Torbay Local Plan webpage. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy SS8 of the Torbay Local Plan and the NPPF

Document - Parking Statement (this can be incorporated into the Transport Statement / Transport Assessment or Planning Statement / Planning Policy Statement)

  • When is it required - Major development proposals, or proposals not in accordance with the car parking requirements in Appendix F of the Torbay Local Plan
  • What is required - Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry
  • Why it is required and further information - Policy TA3 of the Torbay Local Plan

Document - Transport Statement or Transport Assessment

  • When is it required - Where the proposed development exceeds the relevant threshold in Appendix B of Guidance on Transport Assessment (DfT, 2007), Appendix F of the Torbay Local Plan with regards to schools, or at the request of the Local Highway Authority or Network Rail.
  • What is required - The Guidance on Transport Assessment (DfT, 2007) is available on the GOV.UK website. Further guidance is available on the Planning Practice Guidance website. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policies TA1 & TA2 of the Torbay Local Plan and the NPPF

Document - Travel Plan

  • When is it required - Major development proposals likely to have significant transport implications or where the proposed development exceeds the relevant threshold in Appendix F of the Torbay Local Plan with regards to schools.
  • What is required - Guidance on the information that should be included in Travel Plans is available on the Planning Practice Guidance website. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy TA2 of the Torbay Local Plan and the NPPF

Document - Advertisement Consent -  Highways Statement

  • When is it required - All applications for advertisement consent where the site is within the boundaries of a highway
  • What is required - This should provide sufficient evidence to demonstrate that the proposed advertisement is acceptable in relation to highways impact
  • Why it is required and further information - The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended)

Document - Flood Risk Assessment (including surface water drainage strategy)

  • When is it required - All applications for householder planning permission/full/outline/reserved matters planning permission/relevant demolition in a conservation area. Sites that are 1Ha or more in size. Land identified in a strategic flood risk assessment as being at increased flood risk in future; or land that may be subject to other sources of flooding, where its development would introduce a more vulnerable use. All development in Flood Zones 2 & 3 will require a site specific flood risk assessment 
  • What is required - Guidance on carrying out a Flood Risk Assessment is available on the Planning Practice Guidance website  Householder development in Flood Zone 1 in most cases will only need to complete a short proforma which can be downloaded
  • Why it is required and further information - Policy ER1 of the Torbay Local Plan, and the NPPF. Almost all of Torbay has been classified as being within a Critical Drainage Area (CDA) by the Environment Agency. A Flood Risk Assessment is therefore required in these areas. Maidencombe is the only area not within the CDA however due to the absence of mains drainage and local topography, development in this area will still require an FRA. For more information and guidance visit flood map for planning service

Document - Flooding Sequential Test

  • When is it required - All applications for new dwellings in Flood Zones 2 & 3
  • What is required - Guidance on carrying out flooding sequential tests 
  • Why it is required and further information - Policy ER1 of the Torbay Local Plan, and the NPPF

Document - Foul Drainage Assessment

  • When is it required - All development involving a non-mains foul drainage system.
  • What is required - This should provide sufficient information to understand the implications for the water environment including justification for why connection to the mains sewerage system is not feasible and sufficient information to demonstrate that the proposed system will be viable in this location and will not be detrimental to the environment.  Sufficient information would normally include the provision of the following:
    • Full details of the proposed flows (based on Flows and Loads 4);
    • A plan showing the location of the proposed treatment plant and appropriately sized soakaway field/discharge point; and
    • Percolation test results to demonstrate the viability of soakaways (if proposed).  
  • Why it is required and further information - Policy ER1 and ER2 of the Torbay Local Plan and the NPPF. You can download the Foul Drainage Assessment template form (FDA1)

Document - Torbay Sustainability Checklist

  • When is it required - All major development
  • What is required - This checklist must be completed for all major planning applications. The document is available here. This indicates quality and sustainability of development in line with the requirements of the Torbay Local Plan
  • Why it is required and further information - NPPF and Torbay Local Plan

Document - Energy Statement

  • When is it required - Major development proposals, or proposals which are not in accordance with a policy or policies in the adopted Local Plan/Neighbourhood Plan
  • What is required - This should explain the passive and active measures that have been taken in the development proposals to enhance the sustainability of the scheme, with particular focus on measures to reduce greenhouse gas emissions and minimise impact on climate change. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policies SS13, ES1 & ES2 of the Torbay Local Plan and the NPPF

Document - Geological Survey (including proposed mitigation where necessary)

  • When is it required - Where geological sites of interest, including SSSIs and RIGS sites, will be affected by the development proposal and where identified as necessary from the Wildlife and Geology Trigger table
  • What is required - Geological sites of interest in Torbay are included in Appendix D of the Torbay Local Plan. The Geological Survey should include an assessment of the impact of the proposals on the site and show how its features will be protected through appropriate management. Further information is available at Torbay Local Validation List consultation Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry
  • Why it is required and further information - Policies SS8 & NC1 of the Torbay Local Plan and the NPPF

Document - Contaminated Land Risk Assessment

  • When is it required - Where land contamination is suspected from previous uses on or around the site
  • What is required - Guidance on dealing with sites that could be contaminated is available on the Planning Practice Guidance website Detailed technical guidance is available on the GOV.UK website. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry. 
  • Why it is required and further information - Policy ER3 of the Torbay Local Plan and the NPPF

Document - Contaminated Land Intrusive Site Investigation and Risk Assessment (including proposed remediation where necessary)

  • When is it required - Where it cannot be demonstrated that the risk from contamination is acceptable, following a Contaminated Land Risk Assessment
  • What is required - Guidance on dealing with sites that could be contaminated is available on the Planning Practice Guidance website  Detailed technical guidance is available on the GOV.UK website. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy ER3 of the Torbay Local Plan and the NPPF

Document - Contaminated Land Intrusive Site Investigation and Risk Assessment (including proposed remediation where necessary)

  • When is it required - Where it cannot be demonstrated that the risk from contamination is acceptable, following a Contaminated Land Risk Assessment
  • What is required - Guidance on dealing with sites that could be contaminated is available on the Planning Practice Guidance website Detailed technical guidance is available on the GOV.UK website. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy ER3 of the Torbay Local Plan and the NPPF

Document - Land Stability Risk Assessment Report (including proposed mitigation where necessary)

  • When is it required - For development proposals on sites where land instability is identified or suspected, particularly those within the Coastal Change Management Area
  • What is required - Guidance on land stability issues and preparing Land Stability Risk Assessment Reports is available on the Planning Practice Guidance website. The Coastal Change Management Area is shown on the Local Plan Policies Map found on the Torbay Local Plan webpage. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policies C3 & ER4 of the Torbay Local Plan and the NPPF

Document - Mineral Extraction Impact Assessment

  • When is it required - Proposals for mineral extraction
  • What is required - Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry
  • Why it is required and further information - Policy M1 of the Torbay Local Plan and the NPPF

 

Document - Mineral Resource Impact Assessment

  • When is it required - Major development proposals within a Mineral Safeguarding Area
  • What is required - Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy M3 of the Torbay Local Plan and the NPPF 

Document - Agricultural Land Classification and Soil Statement

  • When is it required - Applications that are of 5ha or more or a development which triggers a cumulative loss of 20ha or more of the best and most versatile agricultural land (Grades 1, 2 or 3a) in Torbay. 
  • What is required - This should include:
    • the quality of existing agricultural land and soil quality
    • how the agricultural land classification would be protected or, on completion of proposed operation, would be returned to the same agricultural land grade classification and the quality of any agricultural land lost and justification for its loss
    • measures that would be taken to safeguard the soil qualities during storage and restoration

Town and Country Planning (Environmental Impact Assessment) Regulations 2017 Town and Country Planning (Environmental Impact Assessment) Regulations 2017

Document - Restoration and Aftercare Scheme Assessment  

  • When is it required - Proposals for mineral extraction and all applications involving waste disposal.
  • What is required - A statement and plans detailing:
    • details of the proposed restored landscape including landform, land cover and landscape features, showing how they link and relate to the contours and features of the surrounding area and how the design responds to the character of the landscape context
    • how the proposals would improve and connect with the green infrastructure network including ecological requirements identified in the Wildlife Report, ensuring ecological functionality of the wider landscape and access for informal recreation
    • measures for the management of emissions (including gases and liquids)
    • phasing arrangements
    • a programme of aftercare and monitoring of the site
  • Why it is required and further information - National Waste Planning Policy, Policy W1 of the Torbay Local Plan

Document - Open Space, Sports and Recreation Assessment

  • When is it required - Development proposals on existing open space, sports and recreational land
  • What is required - This should assess whether:
    • The land is surplus to requirements
    • The loss from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location
    • The development is for alternative sports and leisure provision, the needs for which clearly outweigh the loss of the existing facility
    • Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policies SS9 & SC2 of the Torbay Local Plan and the NPPF

Document - Lighting Assessment (this can be incorporated into an Ecological Impact Assessment / Statement where applicable)

Document - Noise Impact Assessment

  • When is it required - For development proposals that may create additional noise resulting in an adverse effect on residential / recreational amenity, or for sensitive development proposals located close to a use creating noticeable noise
  • What is required - Guidance on noise in relation to planning is available on the Planning Practice Guidance website. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy DE3 of the Torbay Local Plan and the NPPF

Document - Shading Diagrams / Sun Path Analysis

  • When is it required - For development proposals that are likely to overshadow adjoining private property or public space and have the potential to adversely affect amenity.
  • What is required - The BRE guide 'Site Layout Planning for Daylight and Sunlight - A guide to good practice' (BRE, 2011) provides advice on this topic. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy DE3 of the Torbay Local Plan

Document - Air Quality Assessment

  • When is it required - For major development proposals within an Air Quality Management Area (AQMA), or within 500m of an AQMA
  • What is required - Guidance on air quality in relation to planning is available on the Planning Practice Guidance website  Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy DE3 of the Torbay Local Plan and the NPPF

Document - Health Impact Assessment Screening

  • When is it required - Major development proposals of 30 dwellings or more or other development creating over 1000 sq m floor space
  • What is required - The Department of Health has published 'Health Impact Assessment Tools - Simple tools for recording the results of the Health Impact Assessment' (DfH, 2010). This includes a set of screening questions for HIA. For further guidance please see the Healthy Torbay SPD available here. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy SC1 of the Torbay Local Plan

Document - Health Impact Assessment (HIA) (this can be incorporated into the Design and Access Statement or Planning Statement / Planning Policy Statement)

  • When is it required - Where significant impacts on the health and wellbeing of the local population or particular groups within it are expected, following a Health Impact Assessment Screening
  • What is required - Guidance on how health and well-being should be considered in planning decision making, including the impact of development proposals on health infrastructure and/or the demand for healthcare services, is available on the Planning Practice Guidance website. For further guidance please see the Healthy Torbay SPD available here. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy SC1 of the Torbay Local Plan

Document - Ventilation and Extraction Equipment Details

  • When is it required - For development proposals, including changes of use, that require installation of such equipment
  • What is required - Further information is provided in 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy DE3 of the Torbay Local Plan

Document - Pollution Prevention Plans (these can be incorporated into a Flood Risk Assessment)

  • When is it required - For proposals involving  demolition or major development:
    • Within the 250 metre buffer of the Lyme Bay and Torbay SAC, or
    • Where the site is adjacent to/near a watercourse which provides a hydrological link to the Lyme Bay and Torbay SAC
  • What is required - This should be prepared by a suitably qualified person and should outline how potential risks to nearby watercourses from soil/sediment runoff have been managed.
  • Why it is required and further information - Policy ER2 of the Torbay Local Plan

Document - Structural Survey

  • When is it required - Where the application proposes demolition, significant alterations to the structure of the building or heavier floor loading
  • What is required - This should be prepared by a suitably qualified person. 
  • Why it is required and further information - Policy DE1 of the Torbay Local Plan

Document - Demolition Method Statement

  • When is it required - All applications for relevant demolition within a conservation area. 
  • What is required - This should include details of measures that will be put in place to protect neighbouring properties from noise and dust that will be generated by the works. It should also describe how materials will either be stored or removed from the site. This should also outline how potential risks to nearby watercourses from soil/sediment runoff have been managed where necessary.A schedule of works detailing how the land will be left after the demolition is complete including making good of any affected hard surfaces and landscaping details with plans as appropriate, should also be included. 
  • Why it is required and further information - Policy DE1, DE3 and SS10 of the Torbay Local Plan

Document - Waste Audit and 5 Year Management Plan

  • When is it required - For development proposals likely to generate significant volumes of waste during the works during construction and/or operation
  • What is required - The audit should be proportionate to the scale of the proposal, number of visitors and likely waste generation. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
  • Why it is required and further information - Policy W2 of the Torbay Local Plan

Document - Waste Planning Statement

  • When is it required - All waste applications. 
  • What is required - The waste planning statement should include where applicable:
    • how the facility meets sustainable waste management, drives waste up the waste hierarchy and does not undermine movement up the waste hierarchy (prevent, reuse, recycle, other recovery and disposal)
    • the maximum annual capacity of the facility and the types, quantities and sources of waste
    • Details of the operational and processing methods and, if landfill, details of phasing and time frames for filling
    • Details of any existing features of the site that require removal or diversion
    • Details of stockpiles including heights
    • Details of any residual materials and how they will be managed
    • Details of how any energy produced will be utilised and how any residual materials will be managed
    • Details of site management, e.g. wheel wash facilities
    • Details of monitoring and complaints procedures
    • Details of the restoration and aftercare proposed
  • Why it is required and further information -National Planning Policy for Waste Local Plan Policies W1 and W4

Document - Community Infrastructure Levy – Planning Application Additional Information Requirement Form

  • When is it required - All applications for built development, including changes of use or creation of floor space, with the exception of:
    • Householder Applications
    • Listed Building Consent
    • Relevant Demolition in a Conservation Area

CIL is charged for the following developments:

    • New dwellings
    • Larger out-of-town/ district centre retail and food and drink developments
    • development of more than 100 sq m of gross internal floorspace
  • What is required - Further guidance on CIL along with a downloadable Planning Application Additional Information Requirement Form 
  • Why it is required and further information - The Community Infrastructure Levy Regulations 2010, Policy SS7 of the Torbay Local Plan and the NPPF

National Requirements

The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) is the legislation which outlines the development types and the required information that needs to be submitted with prior approval and prior notification applications. As a minimum, you must provide the information set out in the legislation for your application to be validated. We have set out below the application type, and direct link to the corresponding legislation, as well as list as to what would be required for all applications:

Application Type - Householder Developments

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 1, Class A, AA

Relevant Legislation -

Application Type - Changes of use

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 3, Class G, M, MA, N, O, P, PA, Q, R, S, T

Relevant Legislation -

  • Commercial, business and service or betting office or pay day loan shop to mixed use (Class G);
  • Certain uses to dwellinghouses (Class M);
  • Commercial, business and service uses to dwellinghouses (Class MA);
  • Specified sui generis uses to dwellinghouses (Class N);
  • Offices to dwellinghouses (Class O);
  • Storage of distribution centre to dwellinghouses (Class P);
  • Premises in light industrial use to dwellinghouses (Class PA);
  • Agricultural buildings to dwellinghouses (Class Q);
  • Agricultural buildings to a flexible commercial use (Class R);
  • Agricultural buildings to a state-funded school (Class S);
  • Commercial, business and service, hotels etc to state-funded school (Class T);
  • Application requirements for the above detailed in paragraph W of Part 3

Application Type - Temporary buildings and uses

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 4, Class BB, CA, Class E

Relevant Legislation -

Application Type - Agricultural and forestry

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 6, Class A, B, E

Relevant Legislation -

Application Type - Non-domestic extension, alterations etc

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 7, Class C, M, 

Relevant Legislation -

Application Type - Development relating to roads

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 9, Class D

Relevant Legislation - 

Application Type - Heritage and demolition

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 11, Class B

Relevant Legislation -

Application Type - Renewable energy

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 14, Class J

Relevant Legislation - 

Application Type - Renewable energy

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 14, Class J

Relevant Legislation -

Application Type - Communications

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 16, Class A

Relevant Legislation -

Application Type - Miscellaneous development

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 18, Class A

Relevant Legislation -

Application Type - Development by the Crown or for national security purposes

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 19, Class TA

Relevant Legislation -

Application Type - Construction of new dwelling houses

Town and Country Planning (General Permitted Development)(England) Order - Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – Schedule 2, Part 20, Class ZA, A, AA. AB, AC, AD

Relevant Legislation -

  • Demolition of buildings and construction of new dwellinghouses in their place (Class ZA)
  • New dwellinghouses on detached blocks of flats (Class A)
  • New dwellinghouses on detached buildings in commercial or mixed use (Class AA)
  • New dwellinghouses on terrace buildings in commercial or mixed use (Class AB)
  • New dwellinghouses on terrace buildings in use as dwellinghouses (Class AC)
  • New dwellinghouses on detached buildings in use as dwellinghouses (Class AD)
  • Application requirements for the above detailed in paragraph B of Part 20

Document/Plan - Written description of the proposed development and the developer's contact address and email address

  • When required for my application - All
  • Further information - Before beginning the application, please check the restrictions that apply to this class to ensure that the proposed development is permitted development under the GPDO. If the proposal does not accord with these restrictions, a full planning application must be submitted. An application form is available on the Planning Portal website www.planningportal.gov.uk, which should be completed in full. It includes details of the restrictions and where the permitted development right does not apply. The written description should include information covering the relevant impacts for this class in the GPDO. These are listed on the application form. The application can be refused if insufficient information is provided.

Document/Plan - Evidence that notice has been given to an owner or tenant of the land, other than the developer

  • When required for my application - Where there is an owner or tenant of the land, other than the developer.
  • Further information - A copy of the notice should be provided

Document/Plan - A plan indicating the site and showing the proposed development

  • When required for my application - All
  • Further information - The plan should be drawn to an identified scale and show the direction of North.  Outlining the site in red will help to clearly identify the site

Document/Plan - Flood Risk Assessment

  • When required for my application - All
  • Further information - Guidance on carrying out a Flood Risk Assessment is available on the Planning Practice Guidance website. Almost all of Torbay has been classified as being within a Critical Drainage Area (CDA) by the Environment Agency. Therefore, a Flood Risk Assessment will be required in most cases. Further guidance will be published on the Council’s website shortly. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.

Document/Plan - Fee

  • When required for my application - All
  • Further information - A Guide to the Fees for Planning Applications in England’ is available on the Planning Portal website www.planningportal.gov.uk, which includes scenarios where exemptions or reductions apply. Further guidance is available on the Planning Practice Guidance website.

Payment can be made:

Torbay Council

Account no.: 0604041

Sort Code: 557001

Nat West Bank

Cheques made payable to Torbay Council

Local Requirements

The Council requests the following supporting information with a prior approval or prior notification application. This is the minimum requirement to be included in your supporting document to enable us to consider your application. If enough information is not provided within your supporting document, it is likely to cause delays to the consideration process.

Document Type - Elevations (all sides) drawn to an identified scale

  • When required for my application -
    • Where development extends floor space.
    • Where alterations and/or extensions to an existing building(s) are proposed, including changes of use.
    • When a new dwelling or building is proposed.
    • Where structures are to be demolished that form part of the proposal.
    • Where the development includes provision of ventilation/extraction equipment.
    • Or, upon request of the Council
  • Further information - Where they are requested, elevation drawings must show the position of any windows and doors that face towards adjoining premises to determine whether there will be any overlooking and impact on privacy.

Document Type - Floor plan drawn to an identified scale

When required for my application -

  • Where development extends floor space.
  • Where alterations and/or extensions to an existing building(s) are proposed, including changes of use.
  • When new dwelling or building(s) are proposed.
  • Where the development proposed is below ground level.
  • Or, upon request of the Council

Further information - Where they are requested, floor plans should show the uses of each room, position of windows, doors walls and petitions. Floor levels of the building(s) being constructed, altered or extended, in relation to the remainder of the building should also be shown.

Document Type - Shading Diagrams/Sun Path Analysis

  • When required for my application -
    • Where development has the potential to impact on neighbouring amenity
    • Or, upon request of the Council
  • Further information - The BRE guide 'Site Layout Planning for Daylight and Sunlight A guide to good practice' (BRE, 2011) provides further advice on this topic.

Document Type - Existing and Proposed Site Plans showing the location of the proposed facilities drawn to an identified scale and showing the direction of North

  • When required for my application - Where the development includes provision of waste storage facilities Or, upon request of the Council
  • Further information - 

Document Type - Impact Assessment of the Change of Use

  • When required for my application -
    • Where a relevant change of use is proposed and the building is located outside a key shopping area (town centre, district centre or local centre) – only where there is a reasonable prospect of the building being used to provide Class E (specifically former Class A1 and A2 use)
    • Where a relevant change of use is proposed and the building is located in a key shopping area (town centre, district centre or local centre)
    • Where a relevant change of use is proposed and the building is located in an area that is important for providing storage or distribution services or industrial services or a mix of those services
    • Or, upon request of the Council
  • Further information - This should describe where alternative Class E (specifically former A1 and A2 services) are located in the area, and, if relevant, why there is no reasonable prospect of the building being used to provide these services.

Document Type - Noise Impact Assessment

  • When required for my application - For development proposals that may create additional noise resulting in an adverse effect on residential / recreational amenity Or, upon request of the Council
  • Further information - Guidance on noise in relation to planning is available on the Planning Practice Guidance website 

Document Type - Transport Statement or Transport Assessment

  • When required for my application - Where the proposed development exceeds the relevant threshold in Appendix B of Guidance on Transport Assessment (DfT, 2007), or at the request of the Local Highway Authority, Or, upon request of the Council
  • Further information - The Guidance on Transport Assessment (DfT, 2007) is available on the GOV.UK website. Further guidance is available on the Planning Practice Guidance website 

Document Type -  Ventilation and Extraction Equipment Details

  • When required for my application - Where the development includes provision of ventilation and extraction equipment Or, upon request of the Council

Document Type - Contaminated Land Risk Assessment

  • When required for my application - Where land contamination is suspected from previous uses on or around the site Or, upon request of the Council
  • Further information - Guidance on dealing with sites that could be contaminated is available on the Planning Practice Guidance website. Detailed technical guidance is available on the GOV.UK website

Document Type - Contaminated Land Intrusive Site Investigation and Risk Assessment (including proposed remediation where necessary)

  • When required for my application - Where it cannot be demonstrated that the risk from contamination is acceptable, following a Contaminated Land Risk Assessment Or, upon request of the Council
  • Further information - Guidance on dealing with sites that could be contaminated is available on the Planning Practice Guidance website  Detailed technical guidance is available on the GOV.UK website

Document Type - Air Quality Assessment

  • When required for my application - For major development proposals within an Air Quality Management Area (AQMA), or within 500m of an AQMA Or, upon request of the Council
  • Further information - Guidance on air quality in relation to planning is available on the Planning Practice Guidance website 

Document Type - Lighting Assessment

  • When required for my application - For development proposals that will alter light levels and have the potential to adversely affect the use or enjoyment of nearby buildings or open spaces, or adversely affect sensitive habitats or protected species, or adversely affect intrinsically dark landscapes Or, upon request of the Council
  • Further information - Guidance on light pollution in relation to planning is available on the Planning Practice Guidance website .The Institute of Lighting Engineers has produced ‘Guidance Notes for the Reduction of Obtrusive Light’ (2011). In order to prevent harm to bats, external lighting should be 0.5 lux or less and include shields, baffles or louvres.

Document Type - Wildlife & Geology Trigger Table

  • When required for my application - All
  • Further information - This will help to identify if further ecological surveys/reports are required at validation stage. This document can be downloaded from the Council’s website at Torbay Local Validation List

Document Type - Wildlife Report

  • When required for my application - Where indicated as necessary from the completed Wildlife & Geology Trigger Table. Or, upon request of the Council.
  • Further information - If there is a ‘yes’ in any column a wildlife and/or geology report must be produced by a qualified and suitably experienced ecological consultant and submitted with the application. The report should be commissioned at the start of the project and any project changes discussed with the consultant. If the wildlife report indicates that detailed protected species surveys are required these must also be included as part of the wildlife report. The application cannot be validated without them. Surveys must be up-to-date and accord with best practice and local guidance. A guide on when to survey can be found here. All details of avoidance, mitigation, compensation and enhancement actions must be included with the application.

Document Type - Flood Risk Assessment (including surface water drainage strategy)

  • When required for my application - Developments in Flood Zones 2 and 3, and in an area within Flood Zone 1 which has critical drainage problems or where the site area is 1ha or more Or, upon request of the Council
  • Further information - Guidance on carrying out a Flood Risk Assessment is available on the Planning Practice Guidance website. Almost all of Torbay has been classified as being within a Critical Drainage Area (CDA) by the Environment Agency. Therefore, a Flood Risk Assessment will be required for most planning applications for new development (including minor development and change of use).

Document Type - Landscape and Visual Impact Assessment

  • When required for my application - For relevant development proposals within the AONB or that could affect the setting of the AONB or Undeveloped Coast Or, upon request of the Council
  • Further information - The AONB and Undeveloped Coast are shown on the Local Plan Proposals Map.

Document Type - Tree Survey & Arboricultural Impact Assessment

  • When required for my application - For development proposals which would impact on existing trees on site or those in close proximity to the site boundary Or, upon request of the Council
  • Further information - Tree Surveys and Arboricultural Impact Assessments should be carried out in accordance with BS 5837:2012 or any superseding standard. Standing Advice for Ancient Woodland and Veteran Trees (April 2014) is available on the GOV.UK website 

Document Type - Tree Protection Plan & Arboricultural Method Statement

  • When required for my application - For development proposals which would impact on existing trees Or, upon request of the Council.
  • Further information - The Council's Arboricultural Officer will be consulted to determine whether this information is required.

Document Type - Statement of Heritage Significance

  • When required for my application - Where the development will affect the setting of a heritage asset, such as a conservation area, listed building, scheduled monument or historic park and garden Or, upon request of the Council
  • Further information - The requirements for Statements of Heritage Significance are set out within the NPPF. A template statement can be completed online or downloaded from our website.

Document Type - Demolition Method Statement

  • When required for my application - For all applications for prior notification of proposed demolition Or, upon request of the Council
  • Further information - This should include details of measures that will be put in place to protect neighbouring properties from noise and dust that will be generated by the works. It should also describe how materials will either be stored or removed from the site.

Document Type - Pollution Prevention Plans (these can be incorporated into a Flood Risk Assessment or Method Statement)

  • When required for my application - For demolition of major development within the 250 metre buffer of the Lyme Bay and Torbay SAC Or, upon request of the Council

Document Type - Waste Audit

  • When required for my application - For development proposals likely to generate significant volumes of waste during the works Or, upon request of the Council
  • Further information - The audit should be proportionate to the scale of the proposal, number of visitors and likely waste generation.

Document Type - Product Specification of solar PV equipment

  • When required for my application - For all applications for Notification for Prior Approval for the Installation, Alteration or Replacement of other Solar Photovoltaics (PV) (GPDO Sch. 2 Part 14 Class J(c)) Or, upon request of the Council 

Document Type - Community Infrastructure Levy – Planning Application Additional Information Requirement Form

Document Type - Fire Statements

  • When required for my application - For an application for planning permission for development which involves:
    • the provision of one or more relevant buildings
    • development of an existing relevant building
    • development within the curtilage of a relevant building

A relevant building is one which contains two or more dwellings or education accommodation and is 18m or 7 storeys in height or more.

The following types of application are exempt:

    • material change in use which would result in the building no longer being a relevant building or would not result in the provision of one or more relevant buildings within the curtilage of a relevant building

Further information - Fire statements must be submitted on a form published by the Secretary of State (or a form to similar effect) contain the particulars specified or referred to in the form, which includes information about (not exhaustive list):

  • the principles, concepts and approach relating to fire safety that have been applied to each building in the development
  • the site layout
  • emergency vehicle access and water supplies for firefighting purposes
  • what, if any, consultation has been undertaken on issues relating to the fire safety of the development; and what account has been taken of this
  • how any policies relating to fire safety in relevant local development documents have been taken into account

Further information can be found here