Local Requirements

Planning statements/Documents

Planning 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 provide an assessment of how the proposal accords with the policies in the Torbay Local Plan, the Neighbourhood Plan and NPPF, or whether there are material considerations to do otherwise. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
• Why it is required and further information - NPPF 

Statement of Community Involvement

• 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. This can be incorporated into the Design and Access Statement or Planning Statement / Planning Policy Statement. 
• What is required - A ‘Good Practice Guide to Public Engagement in Development Schemes’ (Planning Aid, 2012) is available to download on the RTPI website. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry. 
• Why it is required and further information - NPPF 

Removal or Variation of Conditions – Application Statement

• When is it required - Where the application is to vary the wording of a condition(s) of a planning permission or to substitute alternative plans
• What is required - This should clearly summarise the proposed amendments along with listing reworded condition(s). Where the proposal is to substitute alternative plans a schedule of the plan numbers to be superceded and by which new plan number should be provided.  

Discharge of Conditions – Application Statement

• When is it required - Where the application is to discharge condition(s) of a planning permission 
• What is required - This should clearly outline the wording of the conditions to be discharged and the information submitted to support this.

Non-material Amendment – Application Statement

• When is it required - Where non-material amendments are proposed to conditions attached to planning permissions or where the application seeks non-material amendments to an approved development
• What is required - This should clearly summarise the proposed amendments along with listing reworded condition(s). Where the proposal is to substitute alternative plans a schedule of the plan numbers to be superseded and by which new plan number should be provided.

Planning Performance Agreement

• When is it required - For complex major development proposals where through pre-application discussions it is agreed to take a bespoke project management approach to the preparation and determination of the application.
• What is required - PPAs will be sought where due to the complexities of a development proposal and the issues it raises, Torbay Council considers is unlikely that the planning application can be determined within the statutory 13 or 16 week time period. It is recommended that PPAs include all stages of the application, including ongoing pre-application discussions.
• Why it is required and further information - NPPF

Green Infrastructure Statement (including diagrams and plans where appropriate) (this can be incorporated into the Design and Access Statement or Planning Statement / Planning Policy Statement)

• When is it required - For all major planning applications and where green infrastructure assets are likely to be affected by the proposed development or where there is an opportunity to provide new green infrastructure to support existing networks
• What is required - Further advice is provided on the Council’s website on the Strategic Planning - Green Infrastructure page, including a link to the ‘Torbay Green Infrastructure Delivery Plan’ (April 2011). Where there is uncertainty, the applicant is recommended to submit a pre-application enquire
• Why it is required and further information - Policy SS9 of the Torbay Local Plan and the NPPF

Employment Statement / Economic Impact Assessment (including tourism impact) (this can be incorporated into the Planning Statement / Planning Policy Statement)

• When is it required -Major development proposals except residential of less than 30 dwellings, or development proposals resulting in a net loss of employment or tourist accommodation floor space, or development proposals resulting in a significantly lower density of employment provision
• What is required - The depth of information should be proportional to the nature and scale of the proposed development. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
• Why it is required and further information - Policies SS4 & SS5 of the Torbay Local Plan and the NPPF

Independent Viability Assessment (IVA)

• When is it required - For development where an applicant considers it is unviable to provide the affordable housing provision set out in Policy H2 of the Torbay Local Plan and/or contributions set out in the Planning Contributions and Affordable Housing SPD and its Update Or, Where viability is a key factor in the assessment of a proposed development.
• What is required - A viability assessment should accompany any application that does not meet policy requirements for affordable housing or other contributions where the case is made that it is not viable to do so.

  The Council will commission an independent review of the viability assessment and the costs associated with its production will be recouped from the applicant. The review will not begin and the application will not be validated until the applicant has agreed to pay for its review in writing. The Council will only validate such applications provided the applicant has entered into a PPA with the Council, or agreed to an extended time period for determination in writing beyond the statutory 8/13/16 week period. The PPA should set out the timescales for completing the viability assessment review and for producing the s106 legal agreement to secure the agreed amount of affordable housing and contributions.

  Please note that the viability assessment will be displayed as a public record and will not be withheld as ‘confidential’.  If you consider certain parts of the document should be confidential you must explain why and clearly identify which parts of the assessment you request are not made public prior to validation. 

  The assessment should include an executive summary to explain in plain English the basis and conclusions of the assessment.
• Why it is required and further information - Policies SS7 & H2 of the Torbay Local Plan

Infrastructure Assessment (incorporating foul sewerage and utilities)

• When is it required - For major development proposals that have potential to affect the capacity of infrastructure in the area
• What is required - Pre-application discussions should be undertaken with utility providers to identify any constraints in existing capacity.

Sequential Test Assessment

• When is it required - For all development proposals for main town centre uses, as defined in the NPPF, on sites not in an existing centre or in accordance with an up-to-date Local Plan
• What is required - Guidance on the sequential test 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 TC3 of the Torbay Local Plan and the NPPF

Retail Impact Assessment / Town Centre Impact Assessment (including sequential test assessment)

• When is it required - Proposals for retail and main town centre uses over 500 sq m gross floor space outside of town centres.
• What is required - Main town centre uses are defined within the NPPF. PPG states that the impact test relates to retail, office and leisure development (not all main town centre uses) which are not in accordance with an up-to-date Local Plan and outside of existing town centres. However, a sequential test assessment must be carried out for all main town centre uses.

  Guidance on carrying out Impact Assessments 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 TC3 of the Torbay Local Plan and the NPPF

Telecommunications Statement

• When is it required - Applications for telecommunications development
• What is required - This should respond to the criteria set out in Policy IF1 of the Torbay Local Plan. Where there is uncertainty, the applicant is recommended to submit a pre-application enquiry.
• Why it is required and further information - Policy IF1 of the Torbay Local Plan and the NPPF

Contact details of applicant’s legal practitioner

• When is it required - For all applications to modify or discharge a planning obligation agreed under S106 of the Town and Country Planning Act 
• What is required - This should provide all relevant contact details for the legal practitioner acting on the applicant’s behalf 
• Why it is required and further information - To help expedite the application

Coastal Change Vulnerability Assessment (CCVA)

• When is it required - For all development within a Coastal Change Management Area.
• What is required - This should demonstrate that the development:
  • will be safe over its planned lifetime and will not have an unacceptable impact on coastal change
  • will not compromise the character of the coast
  • provides wider sustainability benefits
  does not hinder the creation and maintenance of a continuous signed and managed route around the coast
• Why it is required and further information - Policy C3 of the Torbay Local Plan and the NPPF

Crime Prevention Statement

• When is it required - For applications for the following development:
  • major developments for residential and commercial uses
  • Educational uses
  • HMOs
  • New or relocated ATMs
  New C2 or C3b uses where intended occupants are classed as vulnerable
• What is required - The statement should detail how Crime Prevention Through Environmental Design principles are to be incorporated into the development. This can be included within a Design & Access Statement where appropriate. 
• Why it is required and further information - Policy DE1 of the Torbay Local Plan