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Introduction and Background

In order to assess a planning application, the Development Management Teams at North Devon and Torridge need to be in receipt of appropriate supporting information. Certain national requirements are mandatory, but local authorities have the discretion to have a local list of information requirements or validation criteria that are considered necessary to support the process of effective and efficient decision making.

North Devon and Torridge District Councils (the "Councils") have produced this planning validation checklist ("checklist") in accordance with the requirements of paragraph 44 of the National Planning Policy Framework (NPPF) and Planning Practice Guidance. Paragraph 44 of the NPPF states that local planning authorities should publish a list of their information requirements for planning applications, and that such should be kept to the minimum needed to make decisions. The validation list should also be subject to frequent review.

This checklist has been prepared to take account of policy changes, both at a national and local level, as provided by the revised NPPF (2021) and the North Devon and Torridge Local Plan 2011-2031 (October 2018) (the "Local Plan"), from the previously published checklists that were separately provided by the local planning authorities. 

The checklist has been prepared to help developers when submitting planning applications, by providing clear information as to what should be submitted with each application type. Following the finalisation of the checklist, after consultation (as set out below) a matrix will be prepared that will further assist users in identifying the information requirements by application type.

Paragraph 44 states that local planning authorities should only request supporting information that is relevant, necessary and material to the planning application in question. Planning Practice Guidance  (paragraph 040 Reference ID: 14-040-20140306) states that, in addition to being specified on an up-to-date local list published on the local planning authority's website, information requested with a particular planning application 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 it will be a material consideration in the determination of the application.

This document provides users of North Devon and Torridge District Council's respective Development Management Services with an overview of all supporting assessments and plans required at the time of submitting a planning application (made under the Town and Country Planning Acts) to make it valid. If an application on receipt has the correct level of supporting information, then it is ''valid'' and it can progress towards a decision.

The checklist is set out into two main parts:

Part One - sets out the national list of requirements which are mandatory for all planning applications.

Part Two - sets out North Devon and Torridge District Councils' local list.

The checklist aims to:

  • assist in ensuring that your application is valid when submitted.
  • ensure that all applications can be dealt with effectively and efficiently.
  • respond positively to best practice advice issued by Government.
  • ensure that North Devon and Torridge District Council comply with legislation in relation to planning applications.

The Validation Checklist included within this document is designed to help ensure that application is valid when received. The checklist highlights relevant local and national policies, and if pertinent technical documents and provides links to where such documents can be accessed.

It is recommended that the content of the technical documents supporting an application be informed by pre-application discussions. North Devon and Torridge Councils provide pre-application services, for which a fee is charged that will include advice on the validation requirements associated to the proposed development.

Please note that planning permission, listed building and advertisement consents may not be the only permissions or consents you could require from North Devon or Torridge Councils. Other consents include Building Regulations, Licensing, and Food Safety.

The Validation Process

Only valid applications will be progressed toward a decision. "Valid" means that all the information specified in this checklist, is provided from the outset. If relevant information or the correct fee is absent, the local planning authority will not be able to start determining the application. The checklist confirms what information is required for different types of applications.

There are different types of applications, and some require more detailed information than others, additionally the scale of the proposed development may have implications for information requirements. Submitted information must be accurate and current and as indicated may need to be provided by an appropriately qualified person. The purpose of the determined requirements is to support effective and efficient decision making and to ensure that anyone with an interest in the outcome of an application can accurately assess what the impacts of the proposed development will be.

Upon receipt of an application, the Councils' Planning Support Team will crosscheck the information submitted against national planning application requirements, together with the local requirements, set out in this document. If the required information and correct fee is provided, the application will be classed as ''valid'' and it will then progress towards a decision.

If the application is determined to be invalid, the agent/applicant will be contacted and asked to provide the outstanding fee and/or information requirements within 21 days, if not provided within this timeframe, the application will be determined to be invalid and will be closed down. The applicant/agent will be advised that no further action will be taken with regard to the application, and any previously provided fee will be returned.

Note: Applicants are encouraged to supply documentation which has been produced electronically in that format. This applies whether the application is made on-line or whether a paper application is made. This facilitates the transfer of information to consultees and for the public to view planning proposals on-line with the greatest efficiency. It would be appreciated if the scale of the plans and paper size is no larger than is required to illustrate the proposals.

Part One - National Requirements

The relevant application form

There are a range of application forms which relate to different types of development, it is important that the correct form is used.

Planning applications can be submitted electronically through The Planning Portal, forms can also be downloaded from The Planning Portal for submission directly to the local planning authority.

Application fee

Planning applications cannot proceed without payment of the correct fee. The correct fee, as determined in The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, where one is necessary.

The majority of applications incur a fee, the level of which is dependent on the scale of the development, site area or application type and is based on gross external areas. A fee calculator is available on The Planning Portal. The application fee will be checked by the Council; the applicant will be contacted if the confirmed fee differs to that submitted.

Ownership/Agricultural Land Declaration

Having regard to Section 65(5) of the Town and County Planning Act 1990 and the Development Management Procedure Order 2015 local planning authorities cannot consider an application for planning permission unless the relevant certificates concerning the ownership of the application site have been completed. The following sets out the basis for completing the relevant certificate:

  • Certificate A - sole ownership: this should only be completed if the applicant is the sole owner of the land to which the application relates and there are no agricultural tenants.
  • Certificate B - shared ownership: this should be completed if the applicant is not the sole owner, or if there are agricultural tenants and the applicant knows the names and addresses of all the other owners and/or agricultural tenants.
  • Certificate C - shared ownership: this should be completed if the applicant does not own all of the land to which the application relates and does not know the name and address of all of the owners and/or agricultural tenants.
  • Certificate D - shared ownership: this should be completed if the applicant does not own all of the land to which the application relates and does not know the names and addresses of any of the owners and/or agricultural tenants.

All agricultural tenants on a proposed development site must be notified prior to the submission of a planning application. Applicants must certify that they have notified any agricultural tenants about the application, or that there are no agricultural tenants on the site.

An Agricultural Holding Declaration is not required if an application is being made for: approval of reserved matters, renewal of temporary planning permission, discharge or variation of conditions, tree preservation orders, a listed building consent, a lawful development certificate, prior notification of certain developments with permitted development rights, a non-material amendment to an existing planning permission, or express consent to display an advertisement.

Design and Access Statement (where required)

A Design and Access Statement will be required for the following:

Applications for waste development, a material change of use, engineering or mining operations do not need to be accompanied by a Design and Access Statement.

Planning Practice Guidance and the Town and Country Planning (Development Management Procedure (England) Order 2015 defines what should be included in a Design and Access Statement.  It should take the form of a report that illustrates the process that has led to the development proposal and explain and justify the proposal in a structured way. The level of detail required will relate to the scale and complexity of the application.

Where a Design and Access Statement is required for planning permission, it should:

  • explain the design principles and concepts that have been applied to the development;
  • demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account;
  • explain the approach to access, and how relevant local plan policies have been taken into account;
  • state what, if any, consultation has been undertaken on issues relating to access to the development and what account has been taken of the outcome of any such consultation; and
  • explain how any specific issues which might affect access to the development have been addressed.

For listed building consents, the Design and Access Statement should provide an explanation of how design principles have been applied to the proposed works, and how they have taken account of:

  • the special architectural or historic importance of the building;
  • the particular physical features of the building that justify its designation as a listed building; and
  • the building's setting.

Design and Access Statements, relating to applications for more than internal works must also explain:

  • how issues relating to access to the building have been dealt with;
  • the applicant's approach to access, including what alternative means of access have been considered, and how relevant Local Plan policies have been taken into account;  and
  • how the applicant's approach to access takes account of matters a)-c) above.

Design and Access Statements accompanying applications for listed building consent must also provide information on any consultation undertaken, and how the outcome of this consultation has informed the proposed works.

Further guidance on the content and form of a Design and Access Statement is available from the Planning Portal.

Site and other Plans

A linear scale bar should be provided in accordance with the national requirements for a Location Plan, Block or Site Plan.

Location Plan based on an up-to date map, at a metric scale of 1:1250 at towns and villages or 1:2500 in the rural area. The plan, which should be centred on the application site should provide:

  • The development site clearly edged with a red line, which should include: all land necessary to carry out the proposed development, such as: access from the site to the public highway, visibility splays, open areas around buildings, landscaping and car parking
  • Any other land in the same ownership adjoining the application site should be defined by a blue edge
  • Clear reference points such as road/street names and/or neighbouring properties to ensure the exact location of the application is clear
  • A north point
  • The scale used, a scale bar and one significant measurement

Block Plan based on an up-to date map, at a scale of 1:500 or Site Plan at 1:200 (if the proposal will alter an existing building/ structure footprint or create a new building/structure footprint). The plan should provide:

  • The proposed development within the context of existing
  • Any existing or proposed vehicle parking/spaces areas
  • The species, position and spread of all trees on the site, and those on adjacent land that overhang the site
  • The scale used, a scale bar and one significant measurement

Part Two - Local List Requirements, Plans and Documents

This list sets out the local validation requirements (listed alphabetically). For each item the following guidance is provided:

  • when the information is required
  • what information is required
  • the basis for the information requirement
  • links to further guidance, when available

Whilst guidance is provided for each item, the nature and extent of the information required will depend on the individual site and proposal. The list is not exhaustive, and it is possible that once an application has been validated, further information may have to be submitted in order for the application to be determined. The list does not therefore limit the Councils' ability to request additional information should further issues arise during the planning application determination period.

Index of Local Requirements

Plans and Drawings

Air Quality Impact Assessment

Arboricultural Impact Assessment

Archaeological Assessment

Building for Life - a Healthy Life Assessment

Coal Mining Risk Assessment  

Contaminated Land Assessment

Community Services and Facilities - Justification for loss

Crime and Disorder Statement

Critical Drainage Area Surface Water Management Report

Environmental Impact Assessment

Flood Risk Assessment

Foul Drainage Assessment

Fire Assessment

Habitats Mitigation Plan, Financial Contributions - North Devon

Health Impact Assessment

Heritage Statement (Statement of Significance)

Housing Statement

Landscape (incorporating Seascape) and Visual Impact Assessment(LVIA)

Landscape Proposals

Lighting Impact Assessment

Local Connections Report for Rural Settlements

Justification Statement - Loss of land in or allocated for Economic Development

Noise Impact Assessment

Open Space Assessment

Planning Obligations / Draft Heads of Terms for Section 106 Agreements

Planning Statement

Pre-application Consultation Statement

Retail and Leisure Impact Assessment/Sequential Assessment

Rural Building Conversion - Justification Statement

Rural Workers' Dwelling and Farmer Family Attached Accommodation Justification

Removal of occupancy conditions: Rural Workers and Holiday Accommodation

Sustainability Statement

Transport Assessments/Statements and Travel Plans

Viability Appraisal

Waste Audit Statement

Ventilation/Extraction Details

Wildlife / Geology Trigger List and Associated Wildlife Report /Biodiversity Impact Assessment

Whilst guidance is provided for each item, the nature and extent of the information required will depend on the individual site and proposal. The list is not exhaustive, and it is possible that once an application has been validated, further information may have to be submitted in order for the application to be determined. The list does not therefore limit the Councils' ability to request additional information should further issues arise during the planning application determination period.

Plans And Drawings

Site Levels to an appropriate scale (if the proposal will lead to a change in the level of the land) showing:

  • The existing and proposed ground levels across the site, with the measurements taken from an Ordnance Survey data point or from an otherwise authoritative and easily identifiable fixed point
  • The details provided both in plan form and by appropriate cross sections and should cover the land including and beyond any proposed building footprint;
  • A north point; and
  • The scale used, a scale bar and one significant measurement.

Floor Plans to a scale of 1:50 or 1:100 (if the proposal will create, alter, or add to a floor) showing:

  • The existing and proposed layout of the whole of each floor that will be created, altered, or added to by the proposal (unless the proposal is for a single room extension, where a partial floor plan will be acceptable)
  • The name of each of the rooms or areas
  • The scale used, a scale bar and one significant measurement

Elevation Drawings to a scale of 1:50 or 1:100 (if the proposal will create, alter, or add to a building/structure) showing:

  • The existing and proposed view of each side of the building or structure that will be altered or added to by the proposal ground levels, and labelled according to their directional facing e.g., north facing
  • Where the proposal relates to the demolition or replacement of an existing structure, the extent of the existing building should be indicated with dashed lines
  • The scale used, a scale bar and one significant measurement

Roof Plans to a scale of 1:50 or 1:100 (if the proposal will alter the roof) showing:

  • The existing and proposed layout of the roof structure
  • The scale used, a scale bar and one significant measurement

Cross section Drawings will be required if:

  • The proposal will create, alter or add to a building, showing:
  1. The cross section(s) through the existing (if any) and proposed building and the remainder of the site relating these to adjoining ground levels, to a scale of 1:50 or 1:100
  2. The scale used, a scale bar and one significant measurement
  • The proposal is for a track or an outdoor horse-riding arena, showing:
  1. The cross section(s) of any proposed surface treatment, which should include details of the proposed surfacing materials
  2. To a scale of 1:10 or 1:20
  3. The scale used, a scale bar and one significant measurement
  • The proposal relates to a listed building, showing:
  1. The whole vertical and horizontal cross sections of the joinery details, profiles and sections for new or replacement doors and windows and other architectural features;
  2. To a scale of 1:2 or 1:5; and
  3. The scale used, a scale bar and one significant measurement

Elevation Drawings Contextual to a scale of 1:50 or 1:100 (if the proposal will create a building/structure) showing:

  • The proposed elevations in context with any immediately adjoining / neighbouring buildings, and labelled according to their directional facing e.g., north facing;
  • The datum level, ground level, floor levels for the proposed building; and
  • The scale used, a scale bar and one significant measurement

Reports and Supporting Documentation

The following section details the supporting documentation and reports that will be required for various types of applications; it also includes a reference to the basis for the information requirement, both from local and national policy, as is relevant.

If confirmation of the documents is required for a planning application, this can be provided as part of the Council's pre-application advice service

Air Quality Impact Assessment (AQIA)

When is this required?

Development that has the potential to adversely affect air quality, be that through their operation and occupation or through demolition and construction.

  • The criteria and thresholds for requiring an AQIA are set out Tables 1 and 2 of the North Devon and Torridge Air Quality Supplementary Planning Document.
  • Air quality mitigation should be discussed prior to submission, with requirement for AQIAs identified and considered at pre-application, where possible.

Note: Minor developments are exempt due to the likely negligible impact.

What should an AQIA include?

  • It should be proportionate to the nature and scale of development and prepared in accordance with the latest guidance, incorporating an air quality modelling study using a method as agreed by the Council in advance.
  • Baseline data for pollutant concentrations used in modelling should be the most recently published annual data, agreed with the Council in advance.
  • Baseline data for traffic flows should be agreed in advance with the local highway authority and an AQIA that uses such data with only be accepted if this is the case; this should be agreed during the pre-application process and Environmental Impact Assessment (EIA) screening and scoping process.

Agricultural Development

  • An AQIA may be required for agricultural development that proposes infrastructure that may increase ammonia emissions such as, but not limited to:

  1. livestock housing (except primarily sheep or horses);
  2. new/expanded slurry tanks and lagoons; and/or
  3. anaerobic digesters either with or without combustion plants.
  • The requirement will be dependent upon the proximity of the proposal to designated sites (i.e., Special Areas of Conservation (SACs) and Sites of Special Scientific Interest (SSSIs)) and the specific  habitats and or species of those sites. The need for an assessment can be determined by reference to the SSSI Impact Risk Zone (IRZ) layer on MAGIC[1].
  • Where a proposal is within an IRZ and triggers a relevant threshold it must as a minimum, be accompanied by a Simple Calculation of Atmospheric Impacts Limits (SCAIL) assessment. The SCAIL assessment is free to use and completed using an online tool[2].
  •  A user guide[3] for the online tool is available for applicants and agents. Natural England are able to provide discretionary advice, on a cost recovery basis, on the use of the tool at an early stage of the application process, to help improve the quality of applications before they are submitted. Please visit the GOV.uk website for more information and a downloadable request form here.
  • The applicant must conduct the SCAIL assessment and submit the input and output files of the assessment to the Council.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy: ST03: Adapting to Climate Change Strengthening Resilience

North Devon and Torridge Local Plan Policy: DM01: Amenity Considerations

North Devon and Torridge Local Plan Policy: DM02: Environmental Protection

North Devon and Torridge Local Plan Policy: BRA: Braunton and Wrafton Spatial Vision and Development Strategy.

National Planning Practice Policy paragraphs 170 and 180: https://www.gov.uk/government/publications/national-planning-policy-framework--2

National Planning Practice Guidance - Air Quality: https://www.gov.uk/guidance/air-quality--3

Further information sources:

North Devon and Torridge Supplementary Planning. https://consult.torridge.gov.uk/kse/folder/89756

Air Pollution Information Service (APIS): https://www.apis.ac.uk/

Information on 'SCAIL Agriculture' and 'SCAIL Combustion', is available at: SCAIL - Simple Calculation of Atmospheric Impact Limits: http://www.scail.ceh.ac.uk

 


 

[1] https://magic.defra.gov.uk/  (Select 'SSSI Impact Risk Zones' layer under Designations> Land Based Designations> Statutory)

[2] http://www.scail.ceh.ac.uk/cgi-bin/agriculture/input.pl

[3] http://www.scail.ceh.ac.uk/agriculture/Sniffer%20ER26_SCAIL-Agriculture%20USER%20GUIDE%20Final%20Issue%2011032014.pdf

Arboricultural Impact Assessment (AIA)

When is this required?

  • Development proposals where there are trees, hedgerows or significant shrub masses within the application site or on land adjacent to it that could be influenced or affected by the development (including street trees).

What information is required?

The assessment, prepared by an appropriately qualified person, will be required to identify the effect of planned development on the existing tree stock. The assessment should include a tree survey, a tree constraints plan, and a tree protection plan, including any recommended mitigation and an associated arboricultural method statement. The assessment should be prepared in compliance with the recommendations set out in BS5837:2012 (Trees in relation to design, demolition and construction).

Relevant Policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST01: Principles of Sustainable Development

North Devon and Torridge Local Plan Policy ST02: Mitigating Climate Change

North Devon and Torridge Local Plan Policy ST04: Improving the Quality of Development

North Devon and Torridge Local Plan ST14: Enhancing Environmental Assets

North Devon and Torridge Local Plan DM01: Amenity Considerations

North Devon and Torridge Local Plan DM04: Design Principles

North Devon and Torridge Local Plan DM08: Biodiversity and Geodiversity

Further information sources:

Natural England: Standing Advice on Ancient Woodland

and Standing Advice for Protected Species

Archaeological Assessment

When is this required?

  • Where development is proposed on a site which includes or has the potential to include heritage assets with archaeological interest.

Note: exceptions - householder extensions and any development with no ground intrusion.

What information is required?

An archaeological desk-based assessment (informing the need for subsequent archaeology work), prepared by a suitably qualified person, should set out:

  • The archaeological interest of known heritage assets and their significance.
  • The potential of the site to contain presently unknown surviving archaeological heritage assets.
  • Assessment of the positive and negative impacts of the development upon these (with any harm clearly justified); and
  • Any proposed mitigation/enhancement measures.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan, Policy DM07: Historic Environment

National Planning Policy Framework - paragraph 189: https://www.gov.uk/government/publications/national-planning-policy-framework--2

Further information sources:

The Devon County Council's Historic Environment Team is able to provide advice on the scope of the archaeological assessment (01392 382246) or email archaeol@devon.gov.uk, and information on planning and development is available at https://www.devon.gov.uk/historicenvironment/development-management/

Useful heritage information for applicants and developers can be accessed via the following sources:

Building for a Healthy Life Assessment

When is this required?

  • Major residential development proposals.

What information is required?

The assessment should provide a review of the proposed development when judged against Building for a Healthy Life design criteria, the outcomes of which should be considered in the context of the relevant policy requirements (DM04: Design Principles). Note a Building for a Healthy Life Assessment succeeds Building for Life 12 referenced in the Local Plan.

An outline application should be supported by the submission of a "light touch" skeleton Assessment, which sets out how each of the criteria are intended to be met and how proposals on the site can reasonably respond to and meet the 12 design considerations, providing a commentary on each criteria and an associated red, green or amber rating.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM04: Design Principles

Further Information sources:

Building for a healthy Life Toolkit: https://www.udg.org.uk/publications/othermanuals/building-healthy-life

Coal Mining Risk Assessment

When is this required?

  • development proposals located in an area defined as "high risk area" by the Coal Authority other than: householder development, heritage consents (listed building and conservation area consent, lawful development certificates, prior notification (any type) hazardous substances consents and tree or hedgerow works (TPO in a conservation area).

What information is required?

  • The assessment, prepared by an appropriately qualified person, should:
  • present a desk-based review of all information on coal mining issues which are relevant to the application site;
  • where a former contaminative land use at or neighbouring the development, site is known;
  • use that information to identify and assess the risks to the proposed development from coal mining legacy, including the cumulative impact of issues;
  • set out appropriate mitigation measures to address the coal mining legacy issues affecting the site, including any necessary remedial works and/or demonstrate how coal mining issues have influence the proposed development; and
  • demonstrate to the local planning authority that the application site is, or can be made, safe and stable.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM02: Environmental Protection

Further Information sources:

Coal Authority's interactive map viewer: http://mapapps2.bgs.ac.uk/coalauthority/home.html

Coal Authority Planning Service:

https://www.gov.uk/guidance/planning-applications-coal-mining-risk-assessments

Contaminated Land Assessment

When is this required?

  • where contamination is known or suspected, or the development site is in the vicinity of such land and ground works are proposed; and
  • there is a sensitive or vulnerable end user, such as allotments, residential development, including residential rural building conversions, schools or hospital.

What information is required?

The assessment, prepared by a suitably qualified person, should be prepared on the basis of identifying the existence of any contaminants, its nature and the risks it may pose to the proposed development and whether remedial measures are feasible to satisfactorily reduce the contamination to an acceptable level. 

A Phase 1 Assessment will be required for all applications which would result in a sensitive end use on a contaminated site. The assessment should include an appraisal of the site history and site walkover, a preliminary assessment of risks that would include: an appraisal of potential contaminant sources (pathways and receptors), a conceptual site model - to show the nature and extent of the potential contamination and health and safety issues. Recommendations for intrusive contamination investigation should be provided.

If a site is known to have or identified as having high levels of contamination, a Phase 2 Intrusive Investigation Survey may also be required.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM02: Environmental Protection

National Planning Policy Framework paragraph 178: https://www.gov.uk/government/publications/national-planning-policy-framework--2 

Applicants are advised to discuss the requirements for a Contaminated Land Assessment with the Council's Environmental Protection Team prior to an application being submitted.

m prior to an application being submitted.

Community Services and Facilities - Justification for Loss

When is it required?

  • Development that would result in the loss of a community service or facility.

What is required?

Evidence will be required that demonstrates that the premises are no longer required to meet the needs of the community and the existing use is no longer commercially viable or could not be made commercially viable, or that there is alternative local provision which is accessible to the local community by walking or cycling.

Evidence will be required to demonstrate:

  • There is alternative accessible local provision, or
  • The need for alternative community facilities has been researched and that it can be evidenced there has been no, or insufficient, demand; and in either case
  • Opportunities to support the facility by the introduction of other services have been explored;
  • Efforts have been undertaken to secure the financial viability of the facility through applications for grant aid, business advice and discussions with community groups, Parish Councils, the Council, Devon County Council and other national or local bodies with a direct interest in rural service provision; and
  • The facility is not commercially viable. In order to determine if this is the case, the Council will require submission of trading accounts for the last three full years in which the facility was operating as a full-time business.

Commercially operated facilities must further demonstrate that they have been subject to an appropriate marketing exercise, for the existing use over a 12-month period prior to the application. The marketing exercise should be agreed with the Council in advance of its commencement.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST22: Community Services and Facilities

North Devon and Torridge Local Plan paragraph 8.3 provides that community services and facilities include: and youth services, healthcare, culture, places of worship, parish and village halls, police and emergency services, recreation and amenity space, allotments and community gardens, green infrastructure, sport, transport and public utilities.

North Devon and Torridge Local Plan footnote 62- Commercially operated facilities are defined as village shops, public houses, restaurants, post offices, petrol stations, car repair/sale garages, doctors/ dental/veterinary surgeries, and other commercially owned and operated businesses/ facilities offering rural based services to communities.

National Planning Policy Framework paragraph 92: https://www.gov.uk/government/publications/national-planning-policy-framework--2

Crime and Disorder Statement

When is this required?

  • major development proposals;
  • the provision or alteration of a take-away;
  • the provision or alteration of a public house or licensed premises; and
  • public toilets

What information is required?

The statement can be incorporated into the Design and Access Statement, but will need to include:

  • an assessment of crime and disorder issues in the vicinity of the development site;
  • an assessment of the development proposal in terms of its likely impact on crime and disorder; and
  • identify incorporated design solutions that will reduce the development's and the local community's vulnerability to crime and disorder and promote a safe and secure development

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST04: Improving the Quality of Development

North Devon and Torridge Local Plan Policy DM04: Design Principles

Further information sources:

Further advice on 'secured by design' principles are available from the Designing Out Crime Officer (telephone 01271 335351) or email ForceAloTeam@devonandcornwall.pnn.police.uk

Critical Drainage Area Surface Water Management Report

When is this required?

All development within a Critical Drainage Area (CDA) that will result in an increase or change to how surface water is dealt with on the site. CDAs are defined in:

  • Barnstaple (east)
  • Barnstaple (south west)
  • Bideford /Northam(south)
  • East the Water, Bideford
  • Fremington Yelland
  • Holsworthy
  • Ilfracombe and Hele

What information is required?

The report should demonstrate how surface water runoff will be addressed in accordance with the minimum drainage standards required by the Environment Agency, which (at July 2019) provides that all off site surface water discharges from development should mimic "Greenfield" performance up to a maximum 1 in 10 year discharge and that on-site all surface water should be safely managed up to the "1 in 100+climate change (plus 40%) conditions. If successor standards are issued by the Environment Agency, they will supersede the current standards.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST03: Adapting to Climate Change and Strengthening Resilience

North Devon and Torridge Local Plan Policy DM04: Design Principles.

Further information sources:

Devon County Council - flood risk management: https://www.devon.gov.uk/floodriskmanagement/planning-and-development/

Environmental Impact Assessment

 When is this required?

  • Development proposals which fall within Schedule 1 or 2 of the The Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

What information is required?

The assessment must include sufficient information to ensure that decisions can be made in full knowledge of any likely significant effects on the environment. Regulation 18 (3) and (4) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 identifies what must be included within the Environmental Statement.

The assessment should be prepared by an appropriately qualified person; a statement of relevant expertise or qualifications should accompany the assessment.

A written request can be made to the local planning authority to provide a "screening opinion" (i.e. to determine whether an Environmental Impact Assessment is required) and a "scoping opinion" (the scope of the Environmental Impact Assessment), prior to the submission of a planning application.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan, Policy ST14: Enhancing Environmental Assets

National Planning Policy Framework - paragraph 43

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

Further information sources:

Planning Practice Guidance: Paragraph: 003 Reference ID: 4-003-20170728: https://www.gov.uk/guidance/environmental-impact-assessment#the-purpose-of-environmental-impact-assessment

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 Schedule 1 and 2: http://www.legislation.gov.uk/uksi/2017/571/schedule/1/made and http://www.legislation.gov.uk/uksi/2017/571/schedule/2/made

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017, Regulation 18: http://www.legislation.gov.uk/uksi/2017/571/regulation/18/made

Flood Risk Assessment

When is this required?

All planning applications for:

  • development within, in whole or in part of flood zone 2 and/or flood zone 3;
  • development on sites with an area of 1 hectare or more (in flood zones 1, 2 or 3); and
  • development within critical drainage areas.

What information is required?

For residential and non-residential development of less than 250 square metres in flood risk zones 2 and 3, a simple flood risk assessment, which includes a plan showing finished floor levels and estimated flood levels, will be required. For other qualifying developments, a Flood Risk Assessment should identify and assess the risks of all forms of flooding to and from the development and demonstrate how these flood risks will be managed, taking climate change into account.

Flood Risk Assessments should set out:

Zone 1

  • existing flood risk to the site from localised sources and the impact of development upon run off rates; and
  • design measures proposed to mitigate run off rates.

Zone 2

  • existing flood risk to the site from all sources and the potential impact of development upon flood risk only (high level assessment only); and
  • design measures proposed to mitigate risk of flooding, and their impact (details should include floor levels, ground levels, evacuation routes, SUDs).

Zone 3

  • existing flood risk to the site from all sources (e.g. flood depth, flow routes, flood velocity, defence failure);
  •  the potential impact of development upon flood risk, including off site/downstream; and
  • design measures proposed to mitigate the risk of flooding, and their impact (details should include floor levels, ground levels, evacuation routes, SUDs).

Sequential test

Applications for new development in flood zones 2 and 3 should additionally include a sequential test statement (other than for minor extensions), which should demonstrate that there are no reasonably available alternative sites, within/around the same settlement, where the proposed development could be sited within an area of lower flood risk; the sequential test should consider sites in flood zone 2 if the proposal is located in food zone 3. The following evidence should be provided:

  • a written statement explaining the area of search;
  • a map identifying all other sites considered within lower areas of flood risk; and
  • a written statement explaining why the alternative sites listed within lower areas of flood risk are not reasonably available.

Exceptions test

If the sequential test is passed, it will also be necessary to demonstrate that the flood risk to people and property will be managed satisfactorily while allowing necessary development to go ahead in situations where suitable sites at lower risk of flooding are not available. The following will need to be demonstrated:

  • the development would provide wider sustainability benefits to the community that outweigh the flood risk; and
  • the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST03: Adapting to Climate Change and Strengthening Resilience

North Devon and Torridge Local Plan Policy DM04: Design Principles.

Further information sources

Environment Agency Standing Advice Development and Flood Risk:

https://www.gov.uk/guidance/flood-risk-assessment-for-planning-applications

http://www.environment-agency.gov.uk/research/planning/33098.aspx

Preparing a flood risk assessment: standing advice: https://www.gov.uk/guidance/flood-risk-assessment-standing-advice#what-to-include-in-your-assessment

National Planning Policy Framework paragraphs159-162: https://www.gov.uk/government/publications/national-planning-policy-framework--2

Foul Drainage Assessment

When is this required?

  • development proposals that would result in the disposal of foul sewage, effluent or trade waste not through a mains connection to a public sewer.

What information is required?

A non-mains drainage assessment should be used to establish whether non-mains drainage, either a new system or connection to an existing system, would be acceptable. The Environment Agency requires applicants to provide evidence that a connection to the public sewer is not feasible.

The assessment should include: the method of storage, treatment and disposal, an assessment of site suitability and a demonstration as to why the development cannot connect to the public mains sewer. 

The assessment should be provided through the completion of the Environment Agency's Foul Drainage Assessment form.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST02: Mitigating Climate Change

Further information sources:

Environment Agency Foul Drainage Assessment Form (FDA): https://www.gov.uk/government/publications/foul-drainage-assessment-form-fda1

Fire Assessment

When is this required?

An application for planning permission for development that involves:

  • the provision of one or more relevant buildings, or
  • development of an existing relevant building
  • or development within the curtilage of a relevant building.

 Relevant buildings include:

  • buildings that contain two or more dwellings (including flats) or education (accommodation (residential accommodation for the use of students at boarding school or in later stages of education); and
  • the building is 18m or more in height, or 7 or more storeys whichever is reached first.

What information is required?

Fire statements must be submitted on a form published by the Secretary of State (or a form to similar effect) and 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.

Relevant policy and reason for the document:

Building Safety Bill (currently): Building safety: planning gateway one - GOV.UK (www.gov.uk)

Habitats Mitigation Plan, Financial Contributions - North Devon

When is this required?

  • all residential development proposals, including temporary dwellings, located within a "Zone of Influence" (with the rural areas of Braunton, Barnstaple and Ilfracombe).

What information is required?

North Devon Council has produced a strategic Appropriate Assessment which includes visitor surveys, an impact assessment and a Visitor Impact Mitigation Plan in relation to the Braunton Burrows Special Area of Conservation. North Devon Council requires evidence of payment of a fixed financial contribution towards the strategic mitigation measures set out in the Mitigation Plan at the time of registration of any full, outline or reserved matters application.  

Any applicant may choose to undertake their own Appropriate Assessment including assessment of habitat site integrity including detailed proposals for mitigation; however, this is likely to be significantly more expensive contributing towards the LPAs strategic Mitigation Plan.

Relevant policy and reason for the document

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM08: Biodiversity and Geodiversity

The Conservation of Habitats and Species Regulations 2017: https://www.legislation.gov.uk/uksi/2017/1012/contents/made

Health Impact Assessment

When is this required?

  • Any development that may give rise to a risk to public health and safety concerns due to:  
  1. coastal erosion and land instability;
  2. siting in a location of known or suspected contamination which is unsuitable for the proposed use (reference contaminated land assessment report); or
  3. the storage or use of hazardous substances.

What information is required?

The assessment, prepared by an appropriately qualified person, should include a detailed technical appraisal of the site and development and its relationship to the surrounding area, identifying any risks to the proposed users or local community. Having regard to any identified risk to public health and safety, measures will need to be defined that would remove the identified risk.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM02: Environmental Protection

Heritage Statement (Statement of Significance)

When it this required?

  • listed building consent applications;
  • major planning applications within or otherwise affecting conservation areas;
  • planning applications for developments within conservation areas, including demolition; where the proposal would materially affect its character or appearance; and
  • planning applications that may affect the significance of any heritage asset, including its setting.

Note: outline applications will not be accepted for development proposals within a conservation area. Any application must give sufficient detail to allow the impact of the works on the conservation area to be properly assessed.

A heritage asset is a building, monument, site, place, area or landscape that has been identified as having a degree of significance meriting consideration in planning decisions. They are the valued components of the historic environment and they include the following heritage assets;

  • world heritage site;
  • scheduled ancient monument;
  • listed building;
  • protected wreck site;
  • registered historic park or garden;
  • historic landscape;
  • conservation area;
  • known archaeological sites;
  • assets identified by the local planning authority (non-statutory local listing).

 

The statement should describe the significance of any heritage assets affected, including any contribution made by their setting. 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. The statement could form part of a more comprehensive Design and Access Statement, where this is also needed.

Works to a Listed Building

Applications for listed building consent require the following elements within the statement:

  • a schedule of works to the listed building, and an analysis of the impact of these works on the significance of the archaeology, history, architecture and character of the building/structure along with a statement explaining the justification for the proposed works and principles which inform the methodology proposed for their implementation.
  • contextual and detailed photographs of the buildings/structure as existing to illustrate any features which are proposed to be altered or removed.
  • where reinstatement of lost or damaged features is proposed historic evidence to support the detail of reinstatement should be provided where possible i.e. historic plans or photographs;
  • for any alterations, replacement, or installation of features such as windows, doors and shopfronts, elevation plans and sectional drawings to a scale of 1:20 or less. Further details of features such as architrave, cills, horns, glazing bars, lintels, transom, mullions, panelling, mouldings, meeting rails etc. may need to be at a scale of 1:5 or less;
  • a detailed specification for all proposed materials including, where appropriate samples; and
  • photomontages illustrating the proposed works in context.

Planning applications for development within conservation areas should provide the following:

  • development including or solely for demolition - an assessment of the contribution that the building in question makes to the character and appearance of the conservation area and provide a justification for demolition.
  • development within a conservation area - the statement should address how the proposal has been designed to have regard to the character and/or appearance of the conservation area and to explain how the proposal enhances or preserves the character or appearance of the conservation area. Appropriate photographs should accompany the appraisal.

Applications affecting the setting of heritage assets

  • for applications impacting on the setting of heritage assets a written statement that includes plans showing historic features that are on or adjacent to the application site including listed buildings and structures, locally listed buildings and structures, historic parks and gardens, historic battlefields and scheduled ancient monuments and an analysis of the significance of archaeology, history and character of the building/structure, the principles of and justification for the proposed works and their impact on the special character of the listed building or structure, its setting and the setting of adjacent listed buildings.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST15: Conserving Heritage Assets

North Devon and Torridge Local Plan Policy DM04: Design Principles

North Devon and Torridge Local Plan Policy DM07: Historic Environment

National Planning Policy Framework paragraphs 189: https://www.gov.uk/government/publications/national-planning-policy-framework--2

Further information sources:

Historic England Good Practice Notes: https://historicengland.org.uk/advice/planning/planning-system/

North Devon conservation area character appraisals: https://www.northdevon.gov.uk/council/strategies-plans-and-policies/environment-and-planning-policies/local-plan/planning-policy-supporting-documents/environment/conservation-area-character-appraisals/

Devon Environment Viewer - https://maptest.devon.gov.uk/portaldvl/apps/webappviewer/index.html?id=82d17ce243be4ab28091ae1f15970924

Heritage Gateway - https://www.heritagegateway.org.uk/gateway

Housing Statement

When is this required?

  • residential development proposals located outside the "designated rural area" which are for 10 or more dwellings or where the site has an area of 0.5 hectares or more, irrespective of the number of proposed dwellings;
  • residential development proposals located within the "designated rural area" which are for 6 or more dwellings or where the site has an area of 0.5 hectares or more, irrespective of the number of proposed dwellings; and
  • residential development proposals which include, or should include an element of affordable housing, such as rural exception sites and exception sites for first time buyers.

The statement should take account of the findings of the North Devon and Torridge Housing and Economic Needs Assessment (May 2016), or successor assessments and any parish-based housing needs surveys for affordable housing.

What information is required?

The statement should specify the proposed housing tenure and mix and provide a justification for the amount and type provided. Typically, the statement should include the following:

  • an explanation of how the development will contribute towards meeting local housing needs;
  • the total number of all residential units and the number of affordable units. The tenure types proposed should be clearly and fully explained in line with policy expectations;
  • numbers of bedrooms and property type across all tenures to demonstrate a representative mix of unit types; and
  • numbered plots allocated for each housing type and tenure (Full/Reserved Matters only).

Where a policy compliant scheme is not proposed the statement should set out clearly the justification as to why a variance in housing mix or affordable housing (including affordable housing mix) is proposed. The statement should be supported by a viability appraisal where viability forms all or part of the justification for non-policy compliance. The viability appraisal will normally be required to be independently verified, with the applicant being liable for reasonable costs incurred by the local planning authority and that it will be available for public inspection.

For applications proposing development on the basis of Policy ST19: Affordable Housing on Exception Sites, which includes an element of market housing, a viability appraisal will normally be required to demonstrate that number of proposed market dwellings is necessary and appropriate.

For applications proposing development on the basis of Policy ST19A: Starter Homes Exception Sites, evidence will be required which demonstrates that the site is no longer suitable for its current or former use and does not result in the loss of economic growth prospects or important community services and facilities. Where an element of market housing is proposed a viability appraisal will be required to demonstrate that it is necessary and appropriate.

Relevant Policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy: ST17: A Balanced Local Housing Market

North Devon and Torridge Local Plan Policy: ST18: Affordable Housing on Development Sites

North Devon and Torridge Local Plan Policy: ST19: Affordable Housing on Exception Sites

North Devon and Torridge Local Plan Policy: ST19A: Starter Homes Exception Sites

North Devon and Torridge Practice Note 1: Affordable Housing on Development Sites (January 2019): http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Practice Note 2: Entry Level Exception Sites (January 2019): http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

National Planning Policy Framework paragraph 71 in respect of entry level exception sites https://www.gov.uk/government/publications/national-planning-policy-framework--2:

Further information sources:

North Devon and Torridge Economic Needs Assessment (May 2016 G L Hearn) Examination Document CE21: http://consult.torridge.gov.uk/portal/planning/localplan/examination/

North Devon and Torridge Affordable Housing Supplementary Planning Document: https://consult.torridge.gov.uk/kse/folder/89756

Landscape (incorporating seascape) and Visual Impact Assessment (LVIA)

When is this required?

A Landscape and Visual Impact Assessment (LVIA) will be required to be prepared by an appropriately qualified person where a proposal is an Environmental Impact Assessment (EIA) development and the development would be likely to have a significant impact on the surrounding landscape and/or townscape/seascape character of the site, including its context.  A LVIA will also be required for major development proposals for non-EIA development that could have a significant effect on the special qualities of the North Devon Coast Area of Outstanding Natural Beauty.

What information is required?

Landscape and Visual Impact Assessment - in most cases a full LVIA will be required to be prepared in accordance with the latest Landscape Institute guidance (currently GLVIA3: Guidelines for Landscape and Visual Impact Assessment)

Description of development:

this should include the identification of the main features of the proposed development and establish any parameters such as maximum extents of the development; sizes of the various elements; a description of any alternatives considered or design iterations.

Landscape Baseline Conditions:

this should include a description of the landscape character of the application site and its surroundings, including the landform, drainage, vegetation, land use, landscape condition, aesthetic and perceptual factors that contribute to landscape character. The North Devon and Torridge Landscape Character Assessment provides the framework landscape character information and should be supplemented by a study specific to the development.

It should include the relationship of the site to any designated areas of landscape at a national, regional or local level, and to areas of landscape value or scenic quality, reflecting key characteristics of relevant landscape character types.

The landscape baseline should be evaluated in relation to its sensitivity and importance. The sensitivity evaluation of each landscape element should reflect its quality value, contribution to landscape character and the degree to which the particular element or characteristic can be replaced or substituted.

Visual Assessment:

the area covered by the visual assessment should be provided with a justification. There should be a description of views from key receptors including residential properties, public rights of way, public amenity space and roads.

Predictions of Landscape and Visual Effects:

there should be an assessment of the scale or magnitude of change to the landscape and visual elements as a deviation from the baseline conditions for each phase of the proposal. Consideration should be given to visitor and resident populations, and seasonal variations. The methods used to establish the sensitivity and magnitude should be clearly described and be appropriate and reasonable in relation to the importance of the landscape and visual impact.

A Zone of Theoretical Visibility (ZTV) diagram to a distance appropriate to the nature of the development should be provided to support the assessment.

Where assumptions or unsupported data has been used in the predictions, these should be highlighted and accompanied by an indication of the reliability / confidence of those assumptions or data.

There should be an evaluation of the direct, indirect, secondary and cumulative, short medium- and long-term effects resulting from the existence of the development.

Significance of Effects:

this should clearly describe the judgements which underpin the attribution of significance. The assessment of significance should consider the impact's deviation from the established landscape baseline condition, the sensitivity of the landscape and receptors and the extent to which the impact will be mitigated or is reversible. The range of factors which are likely to influence the assessment of significance should be clearly identified. Details should be provided of how these variables will affect the significance of the impacts over the life of the development.

Mitigation:

this should describe the measures proposed to avoid, reduce and if possible, remedy significant adverse impacts on both landscape character and visual amenity. There should be an indication given of the effectiveness of the stated measures and a clear indication of how the mitigation measures will be implemented.

Presentation of the LVIA

The document should be clear and logical in its layout and presentation and be capable of being understood by a non-specialist. It should be a balanced document providing an unbiased account of the landscape and visual effects, with reasoned and justifiable arguments. A glossary of all technical terms should be provided. Plans, diagrams and visual representations should be provided to assist in the understanding of the development and its impact and should be clearly labelled with all locations reference in the text. This should include photographs and photomontages.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST01: Principles of Sustainable Development

North Devon and Torridge Local Plan Policy ST09: Coast and Estuary Strategy

North Devon and Torridge Local Plan Policy ST14: Enhancing Environmental Assets

North Devon and Torridge Local Plan Policy DM04: Design Principles

North Devon and Torridge Local Plan Policy DM07: Historic Environment

North Devon and Torridge Local Plan Policy DM08A: Landscape and Seascape Character

National Planning Policy Framework paragraphs: 127, 170 - 173: https://www.gov.uk/government/publications/national-planning-policy-framework--2

Further information sources
Undertaking a LVIA - Guidelines for Landscape and Visual Impact Assessment 3rd edition: Landscape Institute and Institute of Environmental Management and Assessment: https://www.landscapeinstitute.org/technical/glvia3-panel/

Landscape Institute Technical Guidance Note: Visual Representation of  Development Proposals: https://landscapewpstorage01.blob.core.windows.net/www-landscapeinstitute-org/2019/09/LI_TGN-06-19_Visual_Representation.pdf  

North Devon and Torridge Landscape Character Assessment (2011): https://www.torridge.gov.uk/article/11273/Joint-Landscape-Character-Assessment-for-North-Devon-and-Torridge-Districts

North Devon Seascape Character Assessment (2016): https://www.torridge.gov.uk/seascapecharacter

Landscape Scheme

When is this required?

  • major development proposals
  • minor development proposals that would likely affect the existing landscape character or appearance of the application site.

What information is required?

A report, prepared by an appropriately qualified person, should detail the treatment of private and public spaces, which includes an explanation of the function of the proposed landscaping, how it will be maintained and its relationship to the surrounding area with reference to any published Landscape Character Assessments or Conservation Area Character Appraisals. The following should be provided for all major development proposals and all or some of the below may be required for other development proposals:  

  • proposed finished levels or contours;
  • means of enclosure;
  • car parking layouts;
  • other vehicle and pedestrian access and circulation areas;
  • hard surfacing materials;
  • minor artefacts and structures (e.g., street furniture, play equipment, refuse or other storage units, signs, lighting etc.);
  • proposed and existing functional services above and below ground level (e.g. drainage, power, communication cables, pipelines etc. indicating lines, manholes, supports etc.);
  • retained historic landscape features and proposals for restoration, where relevant; and
  • soft landscape works including:
  1. planting schemes;
  2. plants schedules detailing, species, plant sizes and proposed numbers/densities;
  3. written specifications in respect of cultivation and operations associated with plant and grass establishment; and
  4. implementation and post planting management and maintenance programmes for a minimum period of 5 years.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy: ST04: Improving the Quality of Development

North Devon and Torridge Local Plan Policy: ST14: Enhancing Environmental Asset

North Devon and Torridge Local Plan Policy: DM04Design Principles

Further information sources:

North Devon and Torridge Landscape Character Assessment (2011): https://www.torridge.gov.uk/article/11273/Joint-Landscape-Character-Assessment-for-North-Devon-and-Torridge-Districts

North Devon Conservation Area Appraisals: https://www.northdevon.gov.uk/council/strategies-plans-and-policies/environment-and-planning-policies/local-plan/planning-policy-supporting-documents/environment/conservation-area-character-appraisals/

Lighting Impact Assessment

When is this required?

  • major development proposals that include external lighting/ illumination; and
  • other applications proposing floodlighting, external lighting for sports pitches, car parks illumination of buildings, work areas and security lighting.

What information is required?

External lighting/illumination

The report, prepared by an appropriately qualified person, should include a description of the lighting requirement with reference to relevant standards, the layout and composition of the scheme; isolux diagrams showing the predicted luminance in both the horizontal and vertical plan, the periods of operation of the lighting, a description of the area where the lighting is to be installed detailing any sensitive receptors. The report should also provide the specification of the luminaries, including the number and location, type and rating of lamps together with any measures to minimise or eliminate glare from the lighting installations.

External lighting schemes will be particularly relevant where development might impact on habitat used for foraging or communing by light sensitive species (e.g. bats) or which might impact on the Exmoor National Park Dark Sky Reserve.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST04: Improving the Quality of Development

North Devon and Torridge Local Plan Policy ST14: Enhancing Environmental Assets

North Devon and Torridge Local Plan Policy DM01: Amenity Considerations 

North Devon and Torridge Local Plan Policy DM02: Environmental Protection

North Devon and Torridge Local Plan Policy DM08: Biodiversity and Geodiversity

National Planning Policy Framework paragraph 180

Further information sources:

Bat Conservation Trust: lighting: https://www.bats.org.uk/about-bats/threats-to-bats/lighting

Local Connections Report for Rural Settlements

When is this required?

  • residential development proposal made on the basis of Policy DM24: Rural Settlements

What information is required?

Evidence that the intended occupant(s) of each dwelling(s) have a local connection to the Rural Settlement, on the following basis: 

  • at least one adult in the household was resident continuously in the Rural Settlement for a minimum of five years immediately prior to occupation; or
  • at least one adult of the household was resident in the Rural Settlement for five years within the previous ten years immediately prior to occupation; or
  • at least one parent, guardian, child or sibling, of at least one adult in the intended household, has been resident in the Rural Settlement for a minimum of 5 years immediately prior to occupation; or
  • at least one adult in the household has been in continuous employment for at least 16 hours per week in the Rural Settlement for at least five years immediately prior to occupation.

Evidence will also be required which demonstrates that a housing need has been generated from the Rural Settlement within which the application site is located on the basis of the following:

  • at least one adult in the household needs a separate home (defined as those setting up a new household as a result of co-habitation, marriage, divorce or separation, or those that have, or are about to leave, tied accommodation on retirement) or whose present accommodation is sub-standard or unsuitable to their present circumstances because of their age, an impairment, medical condition or to meet the needs of a growing family, or there is no suitable accommodation available.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM24: Rural Settlements.

Justification Statement - Loss of land in or allocated for Economic Development

When is this required?

  • development proposals for non-employment uses on:
  1. sites allocated for economic development in the North Devon and Torridge Local Plan;
  2. buildings previously used for employment; and
  3. buildings currently used for employment.

Note: Economic development includes development, including those within the B Use Classes, public and community uses, and main town centre uses (excluding housing development).

What information is required?

Evidence will be required to demonstrate that the site no longer provides a realistic prospect for employment use.  Evidence of comprehensive and appropriate marketing will be required, which includes marketing at a reasonable price or rent, with appropriate conditions attached, over a continuous 24-month period prior to submission of the application. The initial 12-month marketing period should be for employment based development /redevelopment with a further 12 months of appropriate marketing required on the basis of redevelopment /use for a mixed-use development which includes employment.

The statement should include details of where and how the site/buildings have been marketed for sale or rent and of all expressions of interest or offers received, including rental interest, and an explanation as to why any offers received were not accepted.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM13: Safeguarding Employment Development

Noise Impact Assessment

When is this required?

  • development proposals that have the potential to raise issues of disturbance, or are considered to be noise sensitive developments. An Assessment will generally be required for the following types of application:
  1. new, including change of use: within Use Class E (restaurants, snack bars, cafes), sui- generis uses (nightclub and takeaways), E (e-f) and F1 (places of worship, church halls, clinics, health centres, crèches, day nurseries, consulting rooms), E (d) and F2 (cinemas, music, concert halls, dance, sports halls, swimming baths, skating rinks, gymnasiums, other indoor and outdoor sports and leisure uses, bingo halls and casinos);
  2. new residential development near to licensed premises and cultural venues;
  3. new industrial development (Use Class B2 and B8) close to existing residential development;
  4. new residential development adjoining established industrial estates or transport sources; and
  5. energy generation development including wind turbine development.

What information is required?

The assessment should outline the potential sources of noise generation, and how these may have a negative effect on local amenity and environmental receptors particularly on sites in close proximity to nationally and internationally designated sites. The assessment should also outline how the developer intends to overcome these issues.

Relevant policy and reason for the document

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM01: Amenity Considerations

North Devon and Torridge Local Plan Policy DM02: Environmental Protection

National Planning Policy Framework paragraphs 170 and 180: https://www.gov.uk/government/publications/national-planning-policy-framework--2

Further information sources:

It would be advantageous for any applicant to discuss the requirements of a noise impact assessment with the Council's Environmental Protection Team prior to the application being submitted.

Open Space Assessment

When is this required?

  • proposals for residential and non-residential proposals within Use Classes: E (a-c) (formally A1/2/3), sui-generis, as relating to drinking establishments and hot food takeaways (formally A4,A5), E(g) (formally B1), B2, B8 and C1, that generate a need for open space; or
  • proposals that would result in the loss, relocation, or would prejudice the value of existing open space.

Note: open space can be taken to mean all open space of public value, including not just land, but areas of water, which offer important opportunities for sport and recreation and can also act as a visual amenity.

What information is required?

  • applications that generate a need for open space will require a statement that details the quantity of open space to be provided by typology (allotments, amenity and natural green space, play space (children), play space (youth), parks, sport and recreation grounds) in accordance with the standards set out in Table 13.1 of the North Devon and Torridge Local Plan, with accompanying plans setting out the location of each type of open space. Unless otherwise established through pre-application advice open space requirements will be expected to be provided on site, variance from which will need to be justified.  
  • where open space and/or associated facilities are to be provided, on or off site, the assessment should include a statement that sets out the maintenance specification for the works and how and by whom the facility will be initially installed and maintained to that specification for at least 10 years.
  • applications which propose the loss or prejudice to the use of open space will be required to provide an evidenced statement which justifies its loss or reduced capacity on the basis of:
  1. the open space or buildings is surplus to requirements; or
  2. the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quality and quantity in a suitable location; or
  3. the development is for alternative sports/recreation provision, the benefits of which outweigh the loss of the current or former use.

Relevant policy and reason for the document

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan ST23: Infrastructure

North Devon and Torridge Local Plan DM09: Safeguarding Green Infrastructure

North Devon and Torridge Local Plan DM10: Green Infrastructure Provision

National Planning Policy Framework, paragraph 97: https://www.gov.uk/government/publications/national-planning-policy-framework--2

Planning Obligations/Draft Heads of Term for Section 106 Agreements

When is this required?

Draft heads of terms for Section 106 agreements (anticipated planning obligations) will be required for planning applications where:

  • planning guidance / policy identifies a requirement for associated infrastructure and/or affordable housing; or
  • the application relates to a major development; or
  • pre-application discussions have identified a need for a planning obligation, draft heads of terms for a section 106 agreement or a draft unilateral undertaking should be provided before the application is registered.

What information is required?

In addition to the supplied draft Heads of Terms, solicitor's contact details should be provided and confirmation that the applicant will pay the Council's reasonable legal costs of drafting/negotiating the Section 106 Obligation.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan ST17: A Balanced Housing Market

North Devon and Torridge Local Plan ST18: Affordable Housing on Development Sites

North Devon and Torridge Local Plan ST23: Infrastructure

North Devon and Torridge Local Plan DM10: Green Infrastructure Provision

Further information

Planning Practice Guidance: https://www.gov.uk/guidance/planning-obligations

Planning Portal: changes to use classes introduced 1st September 2020.

Planning Statement

When is this required?

  • all major development proposals

What information is required?

A discussion of how the development relates to national policy and the development plan policies. The statement should, as far as practical, enumerate the impacts of the proposed development upon the economic, environmental and social dimensions of sustainable development (such as an estimate of the number of jobs created or the likely increase in the volume and character of traffic on the local highway network).

If the proposed development does not accord with national policy or the development plan, then a discussion should be submitted to demonstrate the material considerations that are considered outweigh these conflicts.

Relevant policy and reason for the document

National Planning Policy Framework paragraph 8: https://www.gov.uk/government/publications/national-planning-policy-framework--2

Pre-Application Consultation Statement

When is this required?

  • wind farm development proposals for two or more turbines, or where the turbine hub height is greater than 15 metres.

What information is required?

The statement must include particulars of the pre application consultation process, showing:

a) how the applicant complied with section 61W(1) of the 1990 Act in respect of wind turbines;

b) how the applicant undertook consultation with the local community;

c) any responses to the consultation that were received by the applicant; and

d) the account taken of those responses.

In complying with d) above, details will be required of consultation responses received and how the applicant has addressed issues and concerns, in particular whether and in what way the proposed development has altered following consultation and prior to formal submission.

Relevant policy and reason for the document

Planning Practice Guidance: Before submitting an application: https://www.gov.uk/guidance/before-submitting-an-application

Section 61W Town and Country Planning Act 1990

Articles 3 and 4 Town and Country Planning (Development Management Procedure) Order 2015

National Planning Policy Framework, paragraphs 38-41 and 128: https://www.gov.uk/government/publications/national-planning-policy-framework--2

Retail and Leisure Impact Assessment/Sequential Assessment

When is this required?

An impact assessment - development proposals for town centre uses which meet or exceed defined thresholds that are not within a defined Town or District Centre (Barnstaple, Bideford, Braunton, Great Torrington, Ilfracombe, South Molton, Appledore, Northam, Roundswell and Westward Ho!) or a site allocated for the proposed use in the North Devon and Torridge Local Plan.

Town centre uses comprise:

  • retail development (including retail warehouse, clubs and factory outlet centres);
  • leisure, entertainment facilities, and the more intensive sport and recreation uses (including cinemas, restaurants, drive-through restaurant, bars and pubs, night-clubs, casinos, health and fitness centres, indoor bowling centres, and bingo halls);
  • offices; and
  • arts, culture and tourism development (including theatres, museums, galleries and concert halls, hotels and conference facilities.

The threshold at which an impact assessment will be required is 250 square metres (gross) for retail development and 2,500 square metres (gross) for other main town centre uses.

A sequential assessment - development proposals for town centre uses that are not within a Town or District Centre (Barnstaple, Bideford, Braunton, Great Torrington, Ilfracombe, South Molton Appledore, Northam, Roundswell and Westward Ho!) or a site allocated for the proposed use in the North Devon and Torridge Local Plan.

Note: The sequential approach will not be required to be applied to applications local and rural shops enabled on the basis of Policy DM21: Local and Rural Shops.

What information is required?

An impact assessment will be required to assess the impact of the proposal development on:

  • existing, committed and planned public and private investment in the catchment area of the development proposal; and
  • town/district centre vitality and viability, including local consumer choice and trade in the town/district centre and the wider retail catchment (as applicable to the scale and nature of the scheme).

A sequential assessment will be required to demonstrate that there are no suitable sequentially preferable locations, on the basis of defined Town and District Centres first, and followed by: edge of centre, edge of town then out of town. The assessment should also include a consideration of flexibility in the format and/or scale of the proposal.

Relevant Policy and reason for the document

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST12: Town and District Centres

North Devon and Torridge Local Plan Policy DM19: Town and District Centres

Further information:

National Planning Policy Framework Paragraph 89: https://www.gov.uk/government/publications/national-planning-policy-framework--2 

Planning Practice Guidance Paragraphs 008 - 11 https://www.gov.uk/guidance/ensuring-the-vitality-of-town-centres

Rural Building Conversion - Justification Statement

When is this required?

  • applications for the conversion of rural buildings on the basis of Policy DM27: Re-use of Disused and Redundant Rural Buildings

Note: the information sought could be included within a Planning Statement.

What information is required?

Evidence will be required which demonstrates:

  • the building subject to the application is disused or redundant; and
  • the proposed conversion can be achieved without significant external, alteration, extension or substantial rebuilding, through providing the following:
  1. an account of the proportion of the building that will be retained;
  2. a schedule of works required to make the building fit for purpose;
  3. a method statement for carrying out the work; and
  4. plans detailing proposed repairs and alterations.

Relevant policy and reason for the document

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy: DM27: Re-use of Disused and Redundant Rural Buildings

Rural Workers' Dwelling and Farmer Family Attached Accommodation Justification

When is this required?

  • applications for permanent or temporary rural workers dwellings (including conversions) in a Countryside location sought on the basis of Policy DM28: Rural Workers Dwellings; and
  • applications for a self-contained residential unit attached to a main farm residence sought on the basis of Policy DM29: Farmer Family Attached Accommodation.

What information is required?

For a permanent rural worker dwelling, evidence is required to demonstrate that:

  • there is an established essential functional need for a full-time worker to support the operation of the rural enterprise; and
  • the rural enterprise has been established for at least three years, during which time the business has been in profit for at least one year, that it is currently financially sound and there is a clear prospect of it remaining so, up to date accounts verified by an appropriately qualified person will be required; and
  • there is no dwelling available at the rural enterprise or a nearby settlement for occupation by the worker and there is no possibility of adapting a building at the rural enterprise.

For temporary rural workers accommodation, sought to support a rural enterprise, which is not well established, evidence is required to demonstrate that:

  • there is an established essential functional need for a full-time worker to support the operation of the rural enterprise;
  • there is a firm intention and ability to develop the related rural enterprise and that it has been planned on a sound financial basis. as set out in a detailed business plan; and
  • there is no dwelling available at the rural enterprise or a nearby settlement for occupation by the worker and there is no possibility of adapting a building at the rural enterprise.

For a Farmer Attached Accommodation evidence will be required to demonstrate that:

  • the sought accommodation could not otherwise be provided through the conversion of a rural building on the basis of Policy DM27: Re-use of Disused and Redundant Rural Buildings;
  • the family connection between the intended occupants and the principal farmer;
  • one of more of the intended occupants of the attached accommodation are employed on the holding at a combined level equivalent to at least one full time worker; and
  • there is an operational agricultural enterprise on the holding.

Relevant policy and reason for the document

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST07: Spatial Strategy for Northern Devon's Rural Area.

North Devon and Torridge Local Plan Policy DM28: Rural Workers Dwellings

North Devon and Torridge Local Plan Policy DM29: Farmer Family Attached Accommodation

National Planning Policy Framework paragraph 79: https://www.gov.uk/government/publications/national-planning-policy-framework--2

Further information sources:

Rural Workers Supplementary Planning Document: https://www.torridge.gov.uk/SPDS and https://www.northdevon.gov.uk/council/strategies-plans-and-policies/environment-and-planning-policies/local-plan/supplementary-planning-documents-spds/ .

Removal of occupancy conditions: Rural Worker's and Holiday Accommodation

When is this required?

  • applications made to remove occupancy conditions on a rural worker's dwelling; and
  • applications made to remove occupancy conditions on holiday accommodation.

What information is required?

Rural Workers Dwelling

In respect of a rural workers dwelling, evidence will be required to demonstrate that there is no long-term demand for the property as a rural worker's dwelling in the locality.  Evidence will be required which demonstrates that the property and any associated land has been appropriately marketed, reflecting the occupancy restrictions, for a period of at least 18 months and that over that time there was no demand for the property. The marketing strategy, along with the price at which the dwelling will be marketed should be agreed in writing with the local planning authority prior to the commencement of the marketing exercise.

Holiday Accommodation

In respect of holiday accommodation, compelling evidence will be required to demonstrate that the accommodation is no longer required to meet the tourism needs of the locality. Compelling evidence could include an appropriate marketing exercise, which would be required to be undertaken over a continuous 12-month period, at a price that reflects the occupancy restriction, which demonstrates that there is no demand to buy or rent the holiday accommodation. 

Relevant policy and reason for the document

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM18: Tourism Accommodation

North Devon and Torridge Local Plan Policy DM28: Rural Workers Dwellings

Further information sources:

Rural Workers Supplementary Planning Document: https://www.torridge.gov.uk/SPDS and https://www.northdevon.gov.uk/council/strategies-plans-and-policies/environment-and-planning-policies/local-plan/supplementary-planning-documents-spds/ .

Sustainability Statement

When is this required?

  • major development proposals.

What information is required?

The statement should demonstrate how sustainability has been addressed and/or how it will be addressed at future design stage. This can include topics such as water use, materials waste, pollution, health and wellbeing, ecology, building fabric, resilience to climate change, flood risk local renewable and low carbon energy and transport.

The Statement should include a strategy to reduce CO2 emissions through building design and materials, energy demand reduction, and renewable energy supply and generation

For non-domestic development of 1000m2 or more the Statement should demonstrate the environmental performance of the development through the application of BREEAM (Building Research Establishment Environmental Assessment Method) standards; a rating of "Very Good" will be expected to be achieved.  The Statement, where provided in support of an outline application, should include information through a pre-assessment estimator, to demonstrate that the required BREEAM standard will be able to be achieved.

Relevant Policy and reason for the document

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST02: Mitigating Climate Change

North Devon and Torridge Local Plan Policy ST03: Adapting to Climate Change and Strengthening Resilience

North Devon and Torridge Local Plan Policy ST05: Sustainable Construction and Buildings

National Planning Policy Framework - Chapter 14

National Planning Practice Guidance: https://www.gov.uk/guidance/climate-change

Further information sources:

BREEAM new construction calculator: https://www.google.co.uk/search?source=hp&ei=2hwjXZDUKoeeUJb4qKAO&q=breeam+pre+assessment+calculator&oq=BREEAM+PRE-ASSESSMENT+ESTIMATO&gs_l=psy-ab.1.2.0j0i22i30l2.2217.13981..17132...1.0..2.201.1761.28j1j1......0....1..gws-wiz.....0..0i131.z28q4Z2ab5g

BREEAM Calculator: https://www.breeam.com/BREEAMUK2014SchemeDocument/content/03_scoringrating_newcon/calculating_a_building_s_breeam_rating.htm

Transport Assessments/Statements and Travel Plans

When is this required?

A Transport Assessment and a Travel Plan are required for:

  • major development proposals that generate significant traffic movements; or
  • other development that creates or exacerbates a traffic problem or has an impact on the local highway network.

A Transport Statement and Travel Plan are required for:

  • development proposals where it is agreed that resulting transport issues are limited.

What information is required?

Transport Assessment - the coverage and detail of the assessment should reflect the scale of the development and the extent of the transport implications of the proposal and should take into account any relevant significant impacts on local infrastructure. The assessment should include:

  • an analysis of existing and proposed trips by all modes of traffic generated by the site;
  • an illustration of the accessibility of the site by all modes of travel and the likely modal split of journeys to and from the site;
  • loading areas and arrangements for manoeuvring, servicing and parking of vehicles;
  • details of proposed measures to improve access by public transport, walking and cycling and to mitigate transport impacts.

Transport Statement -a simple analysis outlining the transport implications of the scheme and sustainability objectives.

Travel Plan

The Travel Plan should outline the way in which the transport implications of the proposed development will be managed in order to minimise adverse environmental, social and economic impacts. The Travel Plan should address all journeys resulting from the proposed development. The following should be evaluated and considered:

  • benchmark travel data including trip generation databases;
  • Information concerning the nature of the proposed development and the forecast level of trips by all modes of transport likely to be associated with the development;
  • relevant information about existing travel habits in the surrounding area;
  • proposals to reduce the need for travel to and from the site via all modes of transport; and
  • provision of improved public transport services.

Relevant Policy and reason for the document

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST10:Transport Strategy

North Devon and Torridge Local Plan Policy DM05: Highways

National Planning Policy Framework Paragraph 111: https://www.gov.uk/government/publications/national-planning-policy-framework--2

National Planning Practice Guidance - Travel Plans, Transport Assessments and Statements: https://www.gov.uk/guidance/travel-plans-transport-assessments-and-statements

Further information:

Local Highway Authority: Devon County Council - Devon County Council - 0345 1551004 or 0845 1551005

Devon County Council, Standing Advice procedure and Design Guide.

https://www.devon.gov.uk/planning/apply-for-planning-permission/get-help-with-an-application/guidance-for-applicants

Viability Appraisal

When is this required?

  • development proposals that do not meet the policy requirements set out in the North Devon and Torridge Local Plan for the delivery of affordable housing and infrastructure.

What information is required?

A comprehensive viability appraisal will be required, the approach to which should follow Government's guidance on viability and be prepared by an appropriately qualified person. 

An executive summary should be included with the comprehensive assessment. As a minimum it should set out the gross development value, benchmark land value including landowner premium, costs (in accordance with government guidance), and return to developer. Any applied assumptions should be clearly set out and justified. The Executive summary should additionally reference should refer back to the viability assessment that informed the plan and summarise what has changed since then. It should also set out the proposed developer contributions and how this compares with policy requirements.

A full, un-redacted viability assessment is required; it will be published in full in the same manner as other documents that form part of the application, except in exceptional circumstances, where the publication of certain specific information would harm the commercial confidentiality of the developer to non-public benefit. Applicants making a case for exceptional circumstances must provide a full justification as to the extent to which disclosure of a specific piece of information would cause an "adverse impact" and harm to the public interest that is not outweighed by the benefits of disclosure.

The assessment will normally be subject to independent verification, the charge for which will rest will the applicant.

Relevant Policy and reason for the document

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy ST18: Affordable Housing on Development Sites

North Devon and Torridge Local Plan Policy ST23: Infrastructure

National Planning Policy Framework paragraph 57: https://www.gov.uk/government/publications/national-planning-policy-framework--2

National Planning Practice Guidance: Viability https://www.gov.uk/guidance/viability

Waste Audit Statement

When is this required?

  • major development proposals

What information is required?

The statement should demonstrate how through the demolition, construction and operational phases of development, waste generated on site has been minimised and that it will be managed in accordance with the waste hierarchy. The statement should include the following information, where relevant to the proposed development:

  • sustainable procurement measures to minimise the generation of waste during the construction process, including avoidance of over-ordering and reduced use of hazardous materials;
  • the types and quantities of waste that will be generated during the demolition and construction phases and the measures to ensure that the waste is managed in accordance with the waste hierarchy including:
  1. the segregation of waste materials to enable their separate reuse, recycling or recovery;
  2. the recycling of construction, demolition and excavation waste for use on site or, where not possible at the nearest suitable facility; and
  3. minimising any waste materials that are unsuitable for reuse, recycling or recovery, confirmation of the location for their disposal.
  • the types and quantities of waste that will be generated during the operational phase of the development and measures to ensure that the waste is managed in accordance with the waste hierarchy including:
  1. methods for limiting the generation of waste; and
  2. the provision of sufficient storage facilities to enable the segregation of reusable and recyclable waste from waste requiring disposal; and any other steps that are necessary to secure the maximum diversion of waste from disposal.

Relevant Policy and reason for the document:

http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM04:Constriction and Environmental Management

Devon Waste Plan 2011-2031: https://www.devon.gov.uk/planning/planning-policies/minerals-and-waste-policy/devon-waste-plan (Policy W4)

Devon County Council:  Waste Management and Infrastructure Supplementary Planning Document https://www.devon.gov.uk/planning/planning-policies/minerals-and-waste-policy/supplementary-planning-document

Ventilation/Extraction Details

When is this required?

  • Development proposals that would result in the installation of ventilation or extraction equipment, including those for the sale or preparation of cooked food, launderettes, and significant retail, business, industrial or leisure developments.

What information is required?

  • submitted plans should include details of the external appearance and written details outlining the technical specification of the proposed plant. The technical specifications should include:
  1. a schematic of the proposed ducting showing the location of all components (fans, filters, silencers, etc.) and the position on the building;
  2. the noise levels generated by the fan in decibels (dB) at the specified distance (i.e. 1.0m/3.0m/ etc.);
  3. details of the means of mounting the ducting to the structure including details of all anti-vibration measures proposed;
  4. the locations, design and appearance of external flues; and
  5. arrangements to reduce odours to an acceptable level to safeguard existing amenity.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM01: Amenity Considerations

Wildlife / Geology Trigger List and Associated Wildlife Report /Biodiversity Impact Assessment

When is this required?

  • A Wildlife Trigger List (WTL) must be completed and submitted with all planning applications. If the proposal results in a 'Yes' response to any question, a Wildlife Report must be supplied before the application is registered (A Wildlife Statement prepared by the agent will be accepted in respect of Householder applications only).
  • Major applications must be supported by a DEFRA metric / Biodiversity Impact Assessment

The Wildlife Report must be produced by a qualified and suitably experienced Ecological Consultant and should include a Wildlife Checklist and a Conservation Action Statement, where required. If the Wildlife Report indicates that detailed Protected Species Surveys are required then these must also be included.

The Wildlife Report should clearly set out:

  • The site's biodiversity baseline
  • How the development impacts on designated sites, protected species, UK BAP priority species and habitats and Devon BAP key species (impact assessment)
  • How any potential impacts have been considered on the basis of the mitigation hierarchy of avoid, mitigate and compensate (clearly set out in a Conservation Action Statement)
  • How the application complies with Wildlife Legislation and National and Local Planning Policy; and
  • Demonstrate how the development proposal will contribute to a Net Gain for Biodiversity.  The level of requirements to demonstrate Biodiversity Net Gain (BNG) will vary on a site specific basis, sometimes there will be a requirement for the use of the formal DEFRA Metric / Biodiversity Impact Assessment Calculator or other enhancement measures can be secured. Applicants are advised to seek advice on the exact requirements at pre-application stage.

A Wildlife Statement prepared by the agent will be accepted in respect of Householder applications only. The Wildlife Statement should include a brief description of the building and its construction materials along with photographic evidence of inside/outside the building/roofspace/loft spaces/basement rooms/internal spaces and external fabric of the building(s) as well as around other possible access points to demonstrate that the exterior and interior of the building(s) have been fully inspected and no evidence of protected species have been found.  All photographs must be fully annotated showing where the proposed development would cut into the building.

If the LPA determines that the Wildlife Statement is insufficient following review or consultation, it may request a formal Wildlife Report during the lifetime of the application.

Potential wildlife impacts should be considered at the earliest stages of development as certain survey work can only be undertaken at specific times of the year. Consequently, advanced planning will be necessary to ensure that the appropriate survey work can be completed prior to the submission of the application. National and Local Policy requires ALL new development to contribute to a 'net gain' in biodiversity regardless of whether or not the WTL results in the need for a wildlife report.

Planning applications that do not trigger the requirement for a Wildlife Report will need to be accompanied by evidence which demonstrates that Biodiversity Net Gain has been considered and appropriate measures have been included in the development to increase biodiversity.

Relevant Policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031 http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan Policy DM08: Biodiversity and Geodiversity

National Planning Policy Framework paragraphs 8, 170 and 174.

Further information:

Devon County Council Wildlife and geology planning guidance, including the Wildlife Trigger List: https://www.devon.gov.uk/environment/wildlife/wildlife-and-geology-planning-guidance

National Planning Policy Guidance, Natural Environment https://www.gov.uk/guidance/biodiversity-metric-calculate-the-biodiversity-net-gain-of-a-project-or-development

Biodiversity Net Gain: Good practice principles for development: Biodiversity Net Gain: Good Practice Principles for Development. | CIEEM

Biodiversity Net Gain Report and Audit Templates: https://cieem.net/resource/biodiversity-net-gain-report-and-audit-templates/

British Standards on Biodiversity Net Gain

Defra Biodiversity Metric - Introduction to the Proposed Updated Metric (BD2020

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