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Understanding Planning Application Validation: A Comprehensive Guide for Developers

Securing planning permission marks a crucial milestone, but the journey from approval to breaking ground requires careful attention to validation processes. For developers eager to commence construction or sell with permission, understanding validation requirements proves essential for minimising delays and maintaining project momentum.

The Validation Process

Local authorities maintain specific validation checklists beyond standard national requirements. These comprehensive lists detail the documents and information needed before an application can be officially registered and considered. Understanding these requirements early helps control costs and reduces potential delays.

On May 21st, 2024, the Government introduced changes to Class Q prior approval, allowing up to 10 dwellings to be created from agricultural buildings, up from the previous limit of 5. However, each new home is limited to 150 sqm to encourage the development of smaller family homes. Additionally, a new right to extend the ground floor to the rear by up to 4 metres has been introduced.

New permitted development rights could also emerge for short-term holiday lets and fluid changes of use between C3 and a possible new C5 class properties for short-term and holiday lets. Added to the picture is a longer-term ambition for permitted rights to change hotels to residential.

Added flexibility for commercial spaces is mooted too – with doubled size limits for industrial extensions and new buildings.

Essential Documentation

Standard national requirements include:

  • Location and site plans
  • Floor plans
  • Elevations
  • Sections
  • Application forms
  • Ownership certificates
  • Appropriate fees

However, most applications require additional technical documentation:

  • Planning Statement/Design and Access Statement
  • Sunlight and Daylight Reports
  • Preliminary Ecological Assessment
  • Biodiversity Net Gain Survey and Report
  • Transport Statement
  • Noise Assessment
  • Contamination Reports
  • Flood Risk Assessment

For complex applications involving heritage assets or significant construction challenges, further documentation may be necessary, including heritage statements, conservation method statements, or detailed construction methodology reports.

Strategic Approcahes to Validation

Document Management

Maintaining systematic records of requirements proves vital. Our validation checklist template helps developers track, cost, and progress various application elements effectively. [Download our Planning Application Validation Checklist here]

Local Validation Requirements

Each Council maintains unique local validation requirements. These might include:

  • Specific local sustainability checklists
  • Biodiversity assessment forms
  • Additional technical documentation

Reviewing these requirements thoroughly before submission helps avoid validation delays. Missing documents typically add 1-2 weeks to the process while awaiting additional information.

Understanding Exemptions

Some requirements may not apply to your development. For instance, the Biodiversity Exemption applies when:

  • The site contains less than 25 sqm of habitat
  • There is less than 5 sqm of hedgerow
  • The development doesn’t impact ‘priority habitats’

Document such exemptions clearly in your application. Under Article 12 of The Town and Country Planning Order 2015, you can submit a form explaining why certain usually required documents aren’t necessary for your application.

Beyond Initial Validation

Pre-commencement Conditions

Consider potential pre-commencement conditions early. These requirements must be satisfied before work begins and typically require eight weeks for consideration. Planning ahead for these conditions can significantly reduce post-approval delays.

Construction Management Plans

While sometimes addressed through conditions, the profitability of the scheme can often benefit from the early submission of Construction Management Plans. This approach can:

  • Reduce post-permission delays
  • Enable quicker site starts
  • Minimise pre-commencement conditions

However, this requires careful coordination between highways consultants and contractors, who may not be appointed until after permission is granted.

Section 106 Agreements

These legal agreements often appear late in the application process but require proactive management:

  • Obtain legal officer contact details promptly (usually as soon as the officer confirms they are preparing a recommendation for approval).
  • Monitor progress regularly
  • Prepare title evidence early
  • Review draft agreements promptly
  • Consider committee timing implications

For applications going to committee, aim to settle engrossment deeds beforehand, enabling prompt completion, sometimes within a week of the hearing.

Community Infrastructure Levy (CIL)

Proper CIL management proves crucial for avoiding penalties and complications. Essential steps include:

  • Submitting Assumption of Liability forms before commencement
  • Filing Notice of Commencement correctly and before works start on site
  • Understanding payment timing requirements
  • Planning for the standard 60-day payment period

Failing to follow these procedures can result in:

  • Immediate payment demands
  • Minimum £2,500 fines
  • Additional interest charges
  • Loss of payment period benefits

Best Practice Recommendations

  1. Review local validation checklists thoroughly before beginning application preparation
  2. Create a systematic approach to document tracking and management
  3. Identify potential exemptions early
  4. Consider timing of technical reports relative to application submission
  5. Plan for pre-commencement conditions during application preparation
  6. Maintain regular communication with planning officers
  7. Monitor progress of legal agreements actively
  8. Prepare CIL documentation well in advance of intended start date

Conclusion

Successful planning application validation requires thorough preparation and systematic management. Understanding requirements early, maintaining comprehensive documentation, and planning for post-permission conditions helps minimise delays and maintain project momentum.

For assistance with your planning application or to discuss specific requirements, contact our team at info@drkplanning.co.uk  Download our comprehensive validation checklist [here] to start your application process effectively.

DRK Planning Ltd is a multi-disciplinary planning and development consultancy practice founded by David Kemp. With more than 20 years of experience in planning consultancy. DRK Planning provides a diverse range of expertise, adding value to owners and businesses through a wide range of property services.

If you have an enquiry about Permitted Development Rights – email info@drkplanning.co.uk we’re happy to discuss your project in an initial brief introductory call.

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