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National Requirements

The following documents are required for national requirements of planning applications

Application Form

  • When is it required - For all applications
  • What is required - A completed application form including signed Ownership Certificate and Agricultural Land Declaration. The Ownership Certificate incorporates an Agricultural Land Declaration to certify that any agricultural tenants have been notified of the application.
    • Certificate A: applicant is the sole owner, no agricultural tenants
    • Certificate B: applicant is not the sole owner, or there are agricultural tenants, and the details of all owners/tenants are known
    • Certificate C: applicant is not sole owner and does not know the name and address of all the owners and/or agricultural tenants
    • Certificate D: applicant is not sole owners and does not know the name and address of any the owners and/or agricultural tenants
  • Why is it required and further information -
    • Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015.
    • Forms are available on the Planning Portal website.   

Location Plan

  • When is it required - For all applications
  • What is required - The location plan must show the site outlined in red and any adjoining land owned by the applicant outlined in blue.The red line should include all land necessary to carry out the proposed development, including access up to a public highway. The site should include all land necessary to carry out the proposed development, including access. The location plan should be drawn to scale 1:1250 or 1:2500 and show at least two named roads and a North marker. Site location plans should only show sites as existing.
  • Why is it required and further information -
    • Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015.

The correct fee

  • When is it required - For all applications where a fee is necessary 
  • What is required -
    • You need to pay a fee for your planning application, unless you are eligible for an exemption or a reduction.
    • The fee depends on the type and size of the proposed development and the location of the site.
    • You can find a guide to the fees for planning applications in England on the Planning Portal website.
    • You can also find further guidance on the fees and the exemptions and reductions on the Planning Practice Guidance website.

You can pay the fee in one of the following ways:

    • Online via the Planning Portal
    • Online payment 
    • BACS payments to:
      • Torbay Council
      • Account no.: 06040411
      • Sort Code: 557001
      • Nat West Bank
    • Cheque made payable to Torbay Council
    • Please include reference details with your payment.
  • Why is it required and further information -
    • The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (as amended.

Design and Access Statement

  • When is it required - Applications for:
    • development within a conservation area or World Heritage Site consisting of 1 or more dwellings or floorspace of more than 100m2 or more;
      major development
    • However, the following applications are exempt from this requirement:
    • waste development;
    • engineering or mining operations;
    • a material change of use; and
    • amendments to conditions.
  • What is required - The Design and Access Statement (DAS) must explain the design principles and concepts that have been applied to the development and explain how issues relating to access to the development have been dealt with. Further detail is provided in article 9(3) of the DMPO. Development proposals will be assessed against the design considerations in Local Plan Policy DE1. In addition, major development proposals including housing will be assessed against the 2020 Building for a Healthy Life. Therefore, it is recommended that the DAS refers to these policies and/or be structured around these considerations/questions. The statement should include a Crime Prevention Statement where appropriate which should detail on how “Crime Prevention Through Environmental Design” principles are to be incorporated into the development.
  • Why is it required and further information
    • Article 9 of the Town and Country Planning (Development Managemen Procedure) Order 2015.

Environmental Statement

  • When is it required - For Schedule 1 development or Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its size, nature or location
  • What is required - If an applicant is in doubt whether a development proposal requires an Environmental Impact Assessment, they can request a screening opinion from Torbay Council. The request should include:
  • a location plan;
  • a description of the development, including in particular:
    • a description of the physical characteristics of the development and, where relevant, of demolition works; and
    • a description of the location of the development, with particular regard to the environmental
    • sensitivity of geographical areas likely to be affected;
  • a description of the aspects of the environment likely to be significantly affected by the development;
  • to the extent the information is available, a description of any likely significant effects of the proposed development on the environment resulting from:
    • the expected residues and emissions, including wastes, where relevant: and
    • the use and/or destruction and/or creation of environmental resources e.g. soil, land-take, water, fuels, habitats, heritage and culture.
  • such other information or representations as the person making the request may wish to provide or make, including any features of the proposed development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

In addition, applicants can request a scoping opinion from the Council on the information to be supplied in the Environmental Statement. Again, the request should include the same material as above for requesting a screening opinion.

  • Why is it required and further information -
    • Town and Country Planning (Environmental Impact Assessment) Regulations 2017

    • Guidance on Environmental Impact Assessment is available on the Planning Practice Guidance website

Lawful Development Certificate – Application Statement

  • When is it required -  For an application for a Lawful Development Certificate for an existing or proposed use or operation or proposed works to a listed building.
  • What is required - This should include such evidence verifying the information included in the application as the applicant can provide.
  • Why is it required and further information -  The Planning (Listed Buildings) (Certificates of Lawfulness of Proposed Works) Regulations 2014 Further information may be requested.

Plans

  • When is it required - All applications (where relevant)
  • What is required - Plans should include, as appropriate to the development being applied for:
    • block plan of the site (e.g. 1:50 or 1:100);
    • existing and proposed site layout (e.g. 1:50 or 1:100);
    • existing site and topographic surveys  showing mAOD and an identified site datum including features such as green infrastructure, site levels, contours, buildings, watercourses, public rights of way, overhead lines and roads,  trees, hedges and hedge-banks or shrubs masses within and adjacent to the site;
    • landscaping plans showing replacement landscape and/or natural features (e.g. 1:50 or 1:100)
    • proposed finished floor and site levels, contours and heights of the application site and adjacent land relating to OS datum (e.g. 1:50 or 1:100);
    • proposed finished floor and site levels should be shown in meters Above Ordnance Datum (mAOD), as this is useful for flood risk purposes;
    • existing and proposed floor plans (e.g. 1:50 or 1:100); roof plans (e.g. 1:50 or 1:100); and
    • detailed junction layouts showing the width of road, turning radii and visibility (e.g. 1:50 or 1:100)

All plans/drawings should:

    • be legible with clear labels and legends, and show a clear distinction between existing features to be retained and removed, and proposed features;
    • show the proposal in context including surrounding surface features and topography beyond the site boundary;
    • be at an appropriate scale and include a scale bar and calibration scale;
    • show all major dimensions, including distances from boundaries or key features;
    • show cardinal directions including a north point; and
    • have a unique drawing reference number and title (when a plan is revised, a revision number should also be shown).
  • Why is it required and further information - Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015. Further information is available on the Council's website on the Make a Planning Application - Plans and Documents - National Requirements page

Tree Location Plan

  • When is it required - All applications for tree works: works to trees subject to a Tree Preservation Order and/or notification of proposed works to trees in a conservation area
  • What is required - This should show the trees in relation to a named road and/or property.
  • Why is it required and further information - The Town and Country Planning (Tree Preservation) (England) Regulations 2012

Hedgerow Location Plan

  • When is it required - All applications for hedgerow removal notice
  • What is required - This should show the location and length of hedgerow or hedgerows proposed to be removed drawn to an identified scale and showing the direction of North, along with location and details of any new hedge to be planted, or details of hedge to be transplanted, or enhanced management of retained hedges.
  • Why is it required and further information - The Hedgerow Regulations 1997

Elevations

  • When is it required - All applications proposing new or altered buildings or structures
  • What is required - These should:
    • show all sides of the proposed/affected buildings/structure including all window and door openings;
    • show existing and proposed elevations (e.g. 1:50 or 1:100);
    • give details of proposed materials;
    • Show the site in context of the streetscene where appropriate
    • Include major dimensions; and
    • address the above formatting points for Plans.
  • Why is it required and further information - Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015. Further information is available on the Council's website on the Make a Planning Application - Plans and Documents - National Requirements page

Elevations

  • When is it required - All applications proposing new or altered buildings or structures
  • What is required - These should:
    • show all sides of the proposed/affected buildings/structure including all window and door openings;
    • show existing and proposed elevations (e.g. 1:50 or 1:100);
    • give details of proposed materials;
    • Show the site in context of the streetscene where appropriate
    • Include major dimensions; and
    • address the above formatting points for Plans.
  • Why is it required and further information - Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015. Further information is available on the Council's website on the Make a Planning Application - Plans and Documents - National Requirements page

Existing and Proposed Sections

  • When is it required - Applications:
    • proposing altered land levels;
    • where alterations are proposed to floors/ceilings/roofs;
    • where the application needs to demonstrate that nationally described space standards can be achieved
    • where topography is key to the site; or
    • where the relationship of existing buildings, mature vegetation or other distinctive features with or surrounding the sites is required to be shown.
  • What is required - These should:
    • show existing and proposed sections in context with surrounding buildings/structures/topographical features. The scale/height of such features should be accurate including height of existing and proposed trees that would help screen and integrate the proposal into the landscape show finished floor and/or site levels;
    • include major dimensions; and
    • provide spot heights and levels in metres above OS datum (AOD)
  • Why is it required and further information - Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015. Further information is available on the Council's website on the Make a Planning Application - Plans and Documents - National Requirements page

Fire Statement

  • When is it required - Applications:
    • proposing altered land levels;
    • where alterations are proposed to floors/ceilings/roofs;
    • where the application needs to demonstrate that nationally described space standards can be achieved
    • where topography is key to the site; or
    • where the relationship of existing buildings, mature vegetation or other distinctive features with or surrounding the sites is required to be shown.
  • What is required - These should:
    • show existing and proposed sections in context with surrounding buildings/structures/topographical features. The scale/height of such features should be accurate including height of existing and proposed trees that would help screen and integrate the proposal into the landscape show finished floor and/or site levels;
    • include major dimensions; and
    • provide spot heights and levels in metres above OS datum (AOD)

Why is it required and further information - Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015. Further information is available on the Council's website on the Make a Planning Application - Plans and Documents - National Requirements page

Fire Statement

  • When is it required - 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
    • application for outline planning permission
    • application for permission to develop land without compliance with conditions under section 73 of the Town and Country Planning Act 1990
  • What is required - 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

Here you can find further information 

  • Why is it required and further information - Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2021 (”the 2021 Order”).

Biodiversity Net Gain Information

  • When is it required - Applies from 12 February 2024 to all major development proposals and to minor development proposals from 2 April 2024. 
  • What is required - A statement as to whether or not the planning permission, if granted, would be subject to the biodiversity gain condition.
    • the pre-development biodiversity value of the onsite habitat on the date of application (or an earlier date) including the completed metric calculation tool used showing the calculations, the publication date and version of the biodiversity metric used to calculate that value;
    • where the applicant wishes to use an earlier date, the proposed earlier date and the reasons for proposing that date;
    • a statement confirming whether the biodiversity value of the onsite habitat is lower on the date of application (or an earlier date) because of the carrying on of activities (‘degradation’) in which case the value is to be taken as immediately before the carrying on of the activities, and if degradation has taken place supporting evidence of this;
    • a description of any irreplaceable habitat (as set out in column 1 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations [2024]) on the land to which the application relates, that exists on the date of application, (or an earlier date); and
    • a plan, drawn to an identified scale which much show the direction of North, showing onsite habitats existing on the date of application (or an earlier date), including any irreplaceable habitat

Why is it required and further information - Article 7 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.