Pre-Application Advice Protocol - February 2021 - Northumberland County ...
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Pre-Application Advice Protocol
February 2021
Northumberland County Council is committed to delivering a Development Management
Service that meets the key corporate visions of the Council of facilitating and delivering
housing, economic growth, regeneration and sustainable development that protects and
enhances the natural and built environment of the County. An effective, efficient and
proactive Development Management Service that adds certainty, speed and clarity to the
decision-making process is key to achieving these objectives.
Early engagement and effective and timely advice leads to high quality development. To
this end, constructive pre-application discussions between potential applicants and the
Local Planning Authority have long been recognised as a way of ensuring that
opportunities to work in partnership with applicants to improve the quality of developments
are maximised.
The Council’s Pre-Application Protocol seeks to provide a firm commitment to ensuring the
provision of an efficient and effective pre-application advice service that is responsive to
the needs of all its customers and ensuring greater openness and transparency in the
process through engagement with Councillors, Town and Parish Councils, key
stakeholders and wider local communities.
Councillors, Town / Parish Council’s and local communities have an important role to play
in helping to shape high quality development and it is therefore important that opportunities
are provided for engagement with developers at an early stage. It is also recognised that
discussions between developers, the Local Planning Authority, Councillors and
Town/Parish Council’s at the pre-application stage should include consideration of the
content of any Section 106 planning obligation necessary as part of a development
proposal.
Separate protocols regarding the handling of Major Developments and Section 106
Planning Obligations have been prepared by the Council to compliment this document and
provide the framework within which third party involvement in the pre-application process
and Section 106 discussions can take place.
Aims of the Pre-Application Advice Protocol
• To provide a timely and consistent level of service that ensures the advice offered
at the pre-application stage is provided within a reasonable timescale and is of
sufficient quality to inform any subsequent planning application to improve the
quality of development;
• To provide comprehensive, clear and concise advice to developers and
homeowners as to what may or may not require planning permission and whether
the Council would be likely to support a proposal;
• To ensure that in cases where the advice is to support a proposal, comprehensive
guidance is provided as to what will be required to support an application to ensure
that it can be determined favourably;
Updated 28/01/21 Pre-Application Advice Protocol 2021 2
• To ensure that in those cases where the advice is not to support a proposal, a clear
explanation is provided as to why this is the case and advice given on what may be
done to make a scheme acceptable;
• To adopt a presumption in favour of sustainable development in line with the
National Planning Policy Framework (NPPF) and be pragmatic and proactive in
approach to resolving problems to ensure that, with the exception of those schemes
that are not deemed to be acceptable in any circumstances, Officers work with
developers to advise what may need to be done to address concerns raised;
• To provide a structured framework aimed at opening up effective and ongoing
dialogue between homeowners, developers and the Council;
• To provide a commitment to ensuring positive engagement, where appropriate, with
relevant third parties including elected Members, Town and Parish Councils, key
stakeholder groups and local communities; and
• To ensure that the service is adequately resourced through fees relative to the
scale and complexity of a proposed development to enable the service to be
equipped to provide advice in an effective and timely manner.
Obtaining Pre-Application Advice
The Council wishes to provide pre-application advice in writing in order that there is a clear
record of the advice given for all parties. Correspondence can be sent electronically to
provide a more timely and efficient service; however, Officers are able to meet with
customers in certain circumstances and discuss proposals on the telephone in the first
instance. All pre-application enquiries should be submitted in writing on the pre-application
enquiry form and should contain sufficient information to enable proper advice to be given.
The level of information provided with a pre-application enquiry will establish the depth of
assessment which can be made and determine the extent of advice given.
The Council considers it appropriate to offer a single, all-encompassing level of pre-
application advice which is “fully detailed”. Fully detailed advice will provide a detailed
assessment of the key planning issues that would be raised in respect of any future
planning application, including identifying planning history, relevant planning policy and
relevant constraints on or in the vicinity of the site. It will involve consultation with relevant
internal consultees that the Planning Service would liaise with on any subsequent planning
application and will detail what documentation would be required to make an application
valid. In accordance with the aims of this protocol, in cases where the Council are unable
to support a proposal, advice will be given on how a scheme could be made acceptable
unless the principle of the development cannot be supported.
Finding out if you need planning permission
The Council has re-introduced a “Do I Need Planning Permission?” service as part of this
protocol. It is recognised that this service is invaluable for homeowners and developers
who seek informal advice as to whether planning permission is required for works they are
proposing. This service is available for a fee of £40 and a written response will be provided
Updated 28/01/21 Pre-Application Advice Protocol 2021 3
within 15 working days. This service is available to users who wish to find out whether their proposal would require planning permission, listed building consent or advertisement consent. A site visit or meeting will not normally be undertaken or provided as part of this service. This service is not available to customers who wish to find out whether a proposal would constitute permitted development and therefore be eligible as part of change of use permitted under Part 3 of schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) Should a formal legally binding written confirmation be sought on whether planning permission is not required for a development proposal then an application for a Certificate of Lawful Development should be submitted. Householder/Domestic Development In conjunction with the “Do I Need Planning Permission?” service, domestic pre-application advice can also be sought as to the likelihood of any such proposal receiving planning permission should it be needed. In cases where concerns are raised about a development proposal, customers will be advised about what alternative proposals may be possible to allow a similar form of development to receive more favourable planning consideration. A flat rate fee of £60 has been introduced for this service which the Council will aim to respond to, in writing, within 20 working days. A site visit will not normally be undertaken for this type of service unless justified in order for a full assessment of the proposal to be undertaken. A requirement for a site visit will be at the Case Officer’s discretion and will be unaccompanied unless access arrangements are required to be made in order to enter the site. Customers engaging in this service will be advised of the validation requirements for any development proposals should they wish to pursue an application for planning permission. They will also be provided with the planning history of the property, relevant planning policies and considerations, and advice from internal consultees where relevant and applicable. Minor Development The Council will continue to offer a dedicated service that provides fully detailed advice for minor development proposals, for example, housing developments of between 1 and 9 units. This protocol simplifies the fee structure to better-reflect certain scales of development and sets two fee scales based on the scale and nature of a development proposal, which the Council will aim to respond to, in writing, within 25 working days. The fee structure is provided at Appendix B of this protocol. Customers engaging in this service will be advised of the validation requirements and fee for any development proposals should they wish to pursue an application for planning permission. They will also be provided with the planning history of the property, relevant Updated 28/01/21 Pre-Application Advice Protocol 2021 4
planning policy and considerations, and advice from internal consultees where relevant and applicable. Customers will be appointed a dedicated Case Officer to manage the life span of the enquiry and any subsequent application (in most cases). The service provided will include, if necessary, a meeting with the Case Officer at the site or other appropriate location to discuss the proposals before advice is issued. Major Developments and Strategic Projects For major and strategic development proposals the service will build upon the principles outlined for the minor development category set out above. It may be appropriate to seek initial informal advice from Officers prior to the submission of a formal pre-application enquiry. For major developments and strategic projects a Development Team Approach is promoted by the Council which will provide comprehensive, thorough and professional advice aimed at delivering high quality development outcomes. The target timescale for responding to a major development proposal is 35 working days. However, in more complex cases receipt of advice would be the prelude to ongoing structured dialogue between the customer and the Planning Service leading up to the submission of a formal application. Quality assurance is also given to advice provided for major and strategic projects as proposals will be considered by Senior and Principal Planning Officers who will project manage the whole lifespan of a particular scheme. This will cover the full scope of advice required to deliver a project including heads of terms for Section 106 agreements, community consultation requirements, Planning Performance Agreements, and EIA screening and scoping opinions as necessary. There will be no additional charges for any further pre-application meetings, or post-approval meetings to discuss conditions, legal agreements or pre-commencement matters. In addition to the service provided in respect of major development proposals, for strategic development enquiries the Council will provide a bespoke programme that fully meets the needs and expectations of the developer. The scope of the response and timescales for advice to be provided, as well as an agreement on the number and frequency of meetings, will be agreed with the customer as appropriate and will be tailored to each individual project. These agreements will be underpinned by a mutually agreed PPA with specific timescales to be agreed by both parties. The Major and Strategic Pre-Application Protocol is provided at Appendix A. Member Involvement in the Pre-Application Process Section 25 of the Localism Act 2011 makes it clear that members can both campaign and represent the views of their constituents without compromising their ability to take part in the actual decision-making process should they form part of a Planning Committee determining planning applications. As such there are opportunities for Members to get involved at the pre-application stage through the formal planning process. Updated 28/01/21 Pre-Application Advice Protocol 2021 5
It is important to note that a Planning Committee member’s role in pre-application discussions is to learn about emerging development proposals and help to shape schemes and any associated legal agreements to ensure the outcomes reflect the needs of their local community and local area. Members are able to express preliminary views on emerging development schemes at the pre-application stage but these must not be given in a way that could be perceived by others as having pre-determined their position in the event that they are, or become, a member of the Planning Committee that determines any subsequent application. Should a Member decide to express anything other than a clear preliminary view at the pre-application stage, or at this stage decides to represent a view on behalf of their local community or ward in support of their role as a community champion, their pre- determination of the scheme will require them to stand aside from the determination of any subsequent planning application. Any member of a Planning Committee who elects to support a view will have pre- determined their position to the extent they will be advised to declare a prejudicial interest. This will leave them free to present the views of their local community in the event of the application being presented to Planning Committee for a decision but does not allow them to take part in the vote on the scheme. Larger developers are often keen to meet with local Members prior to the submission of a formal planning application to discuss local needs and the issue of wider community benefits. Indeed, it is good practice for Councillors to be briefed on development schemes that are likely to be proposed in their local area and this is recognition of the important role that Members can play in the pre-application process. In light of the above advice it is quite appropriate for local Members to get involved in early stage discussions, even when they sit on a Planning Committee, provided they do not pre-judge a development proposal. It is recognised that further training will be required to give Members the knowledge and confidence with which to participate fully in pre-application and S106 discussions. This will be provided by the Planning Development Management Team. Planning case officers will also ensure that County Councillors are made aware of any pre- application and Section 106 discussions for major and strategic developments that are taking place in their area through notifications and briefings appropriate to the nature of the proposal. Specific training will be prepared for members to provide further advice on their role in the pre-application and Section 106 processes. Relevant training will be provided by the Planning Service as part of a rolling ongoing programme. Town / Parish Council and Local Community Involvement Town and Parish Councils, key stakeholder groups and local communities also have an important role to play in the pre-application process, including identifying potential Section 106 requirements at the pre-application stage. This protocol seeks to provide an Updated 28/01/21 Pre-Application Advice Protocol 2021 6
opportunity for developers to present their proposed schemes to Members, Town and Parish Councils and other key stakeholder groups at the early pre-application stage. It is envisaged that early stage discussions on likely pre-application proposals and Section 106 requirements will take place as part of this process to ensure better Town/Parish Council and local community engagement in the process in the interests of openness and transparency. Relevant and specific training on all planning matters, including Section 106 obligations, will be offered to all Town and Parish Councillors as part of an ongoing and rolling training programme being delivered by the Planning Service. Planning case officers will ensure that Town and Parish Councillors are made aware of any pre-application and Section 106 discussions that are taking place in connection with major and strategic development proposals (that are not requested to be confidential) for their area through notifications and briefings appropriate to the nature of the proposed development. Information Requirements To be able to provide an efficient and effective pre-application service the Council will require a minimum level of information to be submitted before an enquiry can be registered and assessed. For all enquiries it will be necessary to complete the pre-application enquiry form providing an accurate description of the development. This must be accompanied by a site location plan showing the application site edged in red and the appropriate fee. In respect of major and strategic proposals an indicative site layout would also be beneficial to be submitted. These are the minimum requirements to validate an enquiry. For major and strategic developments, validation requirements for pre-application enquiries will often be discussed with developers as part of the approach to delivering advice. The submission of additional information will be welcomed in order to benefit the quality of the response. The quality of advice given will be dependent upon the level of information provided. For Officers to provide the level of service that the Council and its customers aspire to, requests may be made at the point of submission or during the course of the pre- application enquiry for further information. What happens after submission of a pre-application enquiry? Upon receipt of your enquiry it will be acknowledged and given a unique reference number. The acknowledgement will inform you of the date by which you can expect to receive a response. The enquiry will then be allocated to a specific Case Officer who will oversee your pre-application enquiry. The name and contact details of the Case Officer who will be dealing with your enquiry can be provided using the contact details above shortly after you have received your acknowledgement. Updated 28/01/21 Pre-Application Advice Protocol 2021 7
As part of its wider commitment to high standards of customer care the Development Management service aims to deliver an excellent level of service in relation to pre- application advice. This is based on providing a level of service which seeks to provide strong value for money by continually meeting the stated aims of the service as outlined within this protocol. However, despite best endeavours there will inevitably be occasions when customers are dissatisfied with the level of service provided. In such cases a customer will be invited to submit their concerns to the Council through their respective Case Officer. If these complaints cannot be resolved in this way, the customer will be informed of the Council’s formal complaints process. In cases where the level of advice offered has clearly failed to meet the standards of service set out in this policy, the Head of Planning Services will give consideration to a refund of any fees paid. The Council attaches great importance to the provision of timely pre-application advice. In this regard this area of Planning Services is closely and actively monitored through a robust performance management framework that covers all types of advice. The aim of Planning Services is to respond to enquiries within the timescales set out in this protocol. It is important to note that despite best endeavours the provision of pre-application advice cannot be held to be binding on the Council following the submission of a subsequent planning application. It is also important to note that, in cases where there is a delay between receipt of planning advice and the submission of a planning application, the relevant planning policy context may have changed and this can affect the quality of advice offered. Ways to Apply An application form is available on the Council’s website at https://www.northumberland.gov.uk/Planning.aspx Pay the pre-application fee on our website or call Customer Services on 0345 6006400 to pay by secure credit and debit card. You can send your Pre-Application form and documents by email to planning@northumberland.gov.uk. The largest file size we can receive per email is 25mb, however if your submission exceeds this you can submit documents via Cryptshare (https://cryptshare.northumberland.gov.uk/Start?0) which is a secure way of sending larger/multiple documents to us (up to 5GB). Please note: The password you create must be emailed to us, so we are able to log in and retrieve the documents. Our security system prevents us from being able to access documents on CD or on USB memory sticks or via links such as We Transfer etc. Updated 28/01/21 Pre-Application Advice Protocol 2021 8
Appendix A
Major and Strategic Developments
Pre-Application Protocol
February 2021The Benefits of Pre-Application Advice for Major and Strategic Schemes
The Council is committed to providing an efficient and effective
planning service. It is therefore recognised that Major and
Strategic Developments need to be appropriately resourced. To
meet this the Council offers a dedicated pre-application advice
service in the form of a Development Team Approach providing
impartial and professional advice aimed at delivering
appropriate development. This service is aimed at helping
developers to submit a complete and accurate planning
application which complies with relevant plans, policies and
guidance. We will also advise if we consider a development not
to be acceptable.
Our Objectives
Through the Pre-Application Advice Service, we will also provide the following in respect of
Major and Strategic Developments:
• Explain how plans, policies and other requirements may affect a proposal.
• Identify at an early stage any need for specialist advice or issues that need to be
addressed.
• Assist in the preparation of a planning application and ensure that all the necessary
plans and supporting documentation is submitted with a planning application.
• Indicate any likely requirements for planning obligations to be made e.g. affordable
housing, highway works, Section 106 or CIL, Section 38 or Section 278
Agreements.
• Reduce the time that developers and their professional staff/consultants will spend
on working up a proposal.
• Highlight reasons why a proposal may be considered unacceptable saving time and
the costs associated with submitting a formal application.
• Provide detailed advice which, if followed, will mean that a development can be
determined without unnecessary delay.
• Pro-active engagement with Councillors, Town and Parish Council’s and other key
stakeholders including consultees within the Council, such as the Highway
Authority, Conservation, Public Protection, Ecology and other specialists as part of
the pre application advice stage including, where appropriate, an opportunity to
present a scheme to these audiences and enter into early stage discussions on
Section 106 planning obligations.
Updated 28/01/21 Major and Strategic Developments Pre-Application Protocol 2021 2Working Together to Deliver Major Developments in Northumberland Definition of Major and Strategic Developments Major Developments are defined as: • Residential developments of 10-99 dwellings; • Residential developments of 0.5ha or more, but less than 2.5ha; • Non-residential development of 1,000m2 or more, but less than 10,000m2; • Non-residential development of 1ha or more, but less than 5ha; Strategic Developments are defined as: • Residential developments of 100 dwellings or more; • Residential developments of 2.5ha or more; • Non-residential development of 10,000m2 or more; • Non-residential development of 5ha or more; Delivery The Council aim is to determine major schemes within 13 weeks, or EIA schemes within 16 weeks. As the scope for negotiation is limited once a planning application is submitted, applicants are encouraged to ‘front load’ the process through timely and meaningful pre- application discussions. The NPPF makes it clear (Paragraph 189) that early engagement has significant potential to improve the efficiency and effectiveness of the planning application system for all parties. The Council believes that engagement is key in achieving high standards of development which meet the aspirations of local communities and provides appropriate mitigation for potential impacts from proposals. Development Viability The Council accepts that there may be occasions where development proposals are unable to meet all the relevant policy requirements and still remain viable. Where the Council is satisfied that a development cannot be fully policy compliant and remain viable, a reduced package of planning obligations may be viewed favourably provided that a robust viability argument, including submission of a detailed financial appraisal, can be provided. In all cases where planning obligations are being sought to be reduced or waived altogether, the Council will require a viability assessment to be undertaken normally using the residual land valuation model. The Council is currently preparing a Development Viability Protocol setting out specifically what will need to be submitted to underpin a viability argument and the expectations of how a financial appraisal will be carried out. The approach should test the ability of a development project to meet its costs, including the cost of planning obligations, while ensuring an appropriate site value for the landowner Updated 28/01/21 Major and Strategic Developments Pre-Application Protocol 2021 3
and a market risk adjusted return to the developer in delivering that project. Submitted viability assessments will be appraised by the Council to determine whether a proposed development would be viable or not as a result of the planning obligations being required. Thereafter, a balanced view will need to be taken as to whether the obligation is necessary to make the development acceptable in planning terms. The Value of Community Engagement The Council offers a service that will advise developers of the most appropriate way to engage with interested parties, residents and local Councillors (including Town and Parish Councillors) for a proposed development. We are committed to consult and engage with people who live and work in the County, taking their views into account in shaping new developments and improving the quality of the built environment. For all parties to gain maximum benefits from the Pre-Application process, it is essential that there is meaningful engagement between developers, residents, the Council, Town and Parish Council’s and other relevant stakeholders. Updated 28/01/21 Major and Strategic Developments Pre-Application Protocol 2021 4
Councillor Involvement
Most major applications will be determined by the Council’s Strategic Planning Committee
and it is good practice that Councillors are introduced to complex development proposals
at the pre-application stage. This is of course subject to rules of probity and, in particular,
that those Councillors who are members of the Planning Committee do not act in a way
that gives the impression of pre-determining the matter. Further guidance on this is
contained in the Members Planning Code of Good Practice.
The case officer will ensure that both County Councillors and Town/Parish Councillors are
made aware of any pre-application and Section 106 discussions through notifications and
briefings appropriate to the nature of the proposal. Minutes of all pre-app meetings will be
produced and made available through the Council’s Public Access system. Specific
guidance is also being prepared for County Councillors and Town/Parish Councillors to
provide further advice on their role in the process with relevant training to be provided by
the Planning & Housing Team as part of a rolling programme.
The NPPF states that democratically elected members are strongly encouraged to
participate at the pre-application stage where it is appropriate and beneficial for them to do
so. Section 25 of the Localism Act 2011 confirms that elected members do not have a
‘closed mind’ just because they have historically indicated a view on a matter relevant to
the proposal.
What We Will Provide?
The Development Team Approach
• Opportunity to obtain initial advice from a Senior Planning Officer who will project
manage the pre-application enquiry with the support of other specialist officers.
• The case officer will provide developers with the opportunity of an inception meeting
for their team to present their proposal to the Development Team.
• The case officer will normally have visited the site unaccompanied in advance of the
inception meeting but, if necessary, will make an accompanied visit upon request.
• Subsequent follow up meetings to the inception meeting, involving the developer,
will be scheduled through a Planning Performance Agreement (PPA) which the
case officer will seek to agree early in the process. The aim of the PPA is to agree a
project plan and timetable covering the pre-application process, consideration of the
planning application, discharge of planning conditions and completion of any S106
agreement if required. In addition, the PPA will include a future fee schedule for
further meetings and service requirements included in the pre-application advice.
• The Development Team will have regular meetings to discuss ‘Strategic Major’
proposals submitted. This team will include Council officers from a wide range of
services including Public Protection, Asset Management, Ecology, Conservation,
Highways, SUDS and Legal.
Updated 28/01/21 Major and Strategic Developments Pre-Application Protocol 2021 5• Facilitate involvement with Councillors, Town and Parish Council’s and other key
stakeholders where appropriate. For all Strategic and some Major schemes it may
be considered appropriate to hold a meeting to allow developers to present
emerging proposals to such audiences and discuss potential S106 requirements to
address local needs.
• The Council will provide a detailed response regarding the principle of the
development, relevant planning issues and likely requirements and heads of terms
for any S106 obligations.
• Detail any further information a developer may need to supply including validation
requirements.
• Offer a dedicated validation meeting with the case officer and technical support to
validate a planning application and ensure delays are not incurred through lacking
information.
• The case officer who dealt with the pre-application enquiry, so far as possible, will
be the same officer who will deal with the subsequent planning application.
What We Require from Developers?
To engage in efficient and effective pre-application discussions on Major Development
schemes the Council will require sufficient information to enable us to give high quality
advice. The following list is not exhaustive but does provide a guide on the level of
information required at the pre-application stage. The more information a developer can
provide in the early stages the more comprehensive the Pre-Application advice can be:
• Completed Pre-Application form, available on our website.
• A location plan at a scale of not less than 1:1250 showing the site clearly marked in
red.
• Site layout plan at a scale of not less than 1:500.
• Drawings and sketches of the proposed development, elevations, adjacent
buildings, parking, servicing, initial architectural detailing and materials where
known.
• Details and photographs of the existing site and buildings, trees, topography and
landscape features.
• Details of the applicant's status regarding land ownership.
• Full description of the proposals, including floor space and proposed uses where
known.
• Appropriate fee (refer to the Council’s Pre-Application Protocol).
• Draft Transport Scoping Study, Draft Transport Statement/ Assessment.
• Draft Travel Plan.
• Section 38 and Section 278 Proposals.
Updated 28/01/21 Major and Strategic Developments Pre-Application Protocol 2021 6For Strategic Developments, the following information will be required in addition to that set out above: • A project brief and vision for the site, including masterplan where available. All relevant information relating to a Strategic Development proposal should be submitted electronically. This will speed up the process and improve the Council’s ability to respond in a timely manner. The largest file size we can receive per email is 25mb, however if your submission exceeds this you can submit documents via Cryptshare (https://cryptshare.northumberland.gov.uk/Start?0) which is a secure way of sending larger/multiple documents to us (up to 5GB). Please note: The password you create must be emailed to us, so we are able to log in and retrieve the documents. Effective Planning Performance Agreements Planning Performance Agreements (PPAs) are informal agreements between the Council and developers in order to secure collaborative and inclusive working in the successful delivery of the project. PPAs are project plan frameworks through which Local Planning Authorities and applicants can manage planning proposals. For a PPA to be effective it is essential that these parties establish a collaborative relationship based on trust with good communication and regular exchanges of information. However, it is important to emphasise that a PPA is not a guarantee, nor an indication of likelihood, that a subsequent application will be approved. It relates solely to the process of considering development proposals and not to the decision itself. A draft PPA will be provided to prospective developers by the case officer at the inception meeting. It is important to note that PPAs are not a passport to gain planning permission for inappropriate planning proposals. Planning legislation requires that decisions on planning applications must be taken in accordance with the Development Plan unless material considerations indicate otherwise. The Council recognises that a broad range of matters, including development viability and market factors, can be material planning considerations and these will be weighed in the overall planning balance. Section 106 Negotiations The nature of S106 requirements will be assessed on an individual basis in respect of each planning application with reference to relevant policies. The Council will take a consistent approach to ensure S106 agreements are fairly related in scale and in kind to the proposed development. The Council will seek to identify and negotiate on planning obligations as early as possible in the process. This helps to provide certainty for developers and ensure any associated costs can be factored into a development scheme during its early stages. This will also result in speedier decisions. Updated 28/01/21 Major and Strategic Developments Pre-Application Protocol 2021 7
A front-loaded approach to S106 agreements is a key part of the pre-application advice service on Strategic and Major development schemes. Developers are also encouraged as part of pre-application discussions to engage with Councillors, Town and Parish Council’s and local communities and refer to the types and scale of planning obligation that are envisaged. The Council will provide a draft S106 agreement to developers at the pre- application stage or provide a model template for a unilateral undertaking to assist in the process. Elected Members, Town and Parish Council’s, other key stakeholder groups and local communities can all have an important role to play in identifying potential S106 requirements at the pre-application stage, through formal responses to planning applications and also through the preparation of a Neighbourhood Development Plan for their area identifying local social and physical infrastructure needs. To this end, officers are able to work with applicants to develop a strategy for member and community consultation on S106 obligations. The Council is committed to ensuring openness and transparency in the S106 process and actively encourages Member and community participation. Training is to be provided for all County and Town/Parish Councillors on the pre-application and S106 processes to ensure that all Members can fully participate in discussions. In cases where County and Town/Parish Councillors have been involved in early stage S106 discussions, officers will provide regular updates on progress and feedback on any issues that arise during the negotiation process. Details of all existing S106 agreements are held on an electronic Obligation Tracker which can be viewed via the Council’s website www.northumberland.gov.uk. A protocol on S106 Planning Obligations has been prepared to provide further information on the process. Notes Whilst the Council aims to provide an impartial and professional response to all pre- application proposals it cannot act as a planning consultant and any advice given cannot prejudice the Council’s final decision on a proposal when a formal application is made. All planning applications will be subject to public consultation and ultimately may be decided by Planning Committee. Where a planning application is submitted without the benefit of pre-application advice, or pre-application advice has not been followed, the application is likely to be determined without further negotiation except where only very minor amendments are required to make a development acceptable. Failure without reason to follow pre-application advice could lead to the refusal of planning permission. Any subsequent alterations to national or local planning policy may also affect the advice given and it is prudent therefore to act in a timely manner following pre-application discussions. If at the time of an enquiry changes to policy occur, we will ensure developers are made aware of any implications arising for a proposal. Updated 28/01/21 Major and Strategic Developments Pre-Application Protocol 2021 8
The service we provide relates only to planning matters. It should be noted that development proposals may also require consent under separate legislation including Building Control, Licensing and Highways legislation. Land may also have legal covenants on it that the Council are unaware of and these would need to be dealt with as a civil matter. We will ensure, so far as possible, that developers are put into contact with other Council services from whom consent may be required to deliver development proposals. Costs The cost of this service is based on the fees and charges set out in the Pre-Application Advice Protocol. On the basis of one main meeting the current fee would be £2000 for major development proposals and £3000 for large strategic schemes. This fee covers the initial inception meeting and response as set out within the Pre-Application Protocol. However, subsequent meetings as set out within an agreed PPA would require additional fees. The Council believes that for Major and Strategic development proposals, the opportunity to obtain good quality advice that will carry weight in the decision-making process is worth the investment in the pre-application service. Ways to Apply An application form is available on the Council’s website at https://www.northumberland.gov.uk/Planning.aspx Pay the pre-application fee on our website or call Customer Services on 0345 6006400 to pay by secure credit and debit card. You can send your Pre-Application form and documents by email to planning@northumberland.gov.uk. The largest file size we can receive per email is 25mb, however if your submission exceeds this you can submit documents via Cryptshare (https://cryptshare.northumberland.gov.uk/Start?0) which is a secure way of sending larger/multiple documents to us (up to 5GB). Please note: The password you create must be emailed to us, so we are able to log in and retrieve the documents. Our security system prevents us from being able to access documents on CD or on USB memory sticks or via links such as We Transfer etc. Updated 28/01/21 Major and Strategic Developments Pre-Application Protocol 2021 9
Appendix B
Pre-Application Advice and Planning
Performance Agreement Fee Schedule
February 2021Pre-Application Advice Planning Services offers informal advice on whether permission is required for all development types. We can provide an assessment and advice on a proposal, including a single meeting either on site or in the office with the case officer, and a written response on the enquiry. Internal consultation will be carried out, but we will not normally involve external consultees at this stage. Please note that as part of this process we will not be consulting with external consultees some of which may have their own pre application advice service. The response will provide advice on the principle of the proposal and will identify key issues that have to be addressed, as far as these can be identified at this early stage. Based on the detail submitted with the proposal and internal consultee advice we will provide a response with as much detail as possible. Following on from the initial response we can provide for more detailed discussions and may involve consultees such as Conservation, Ecology and Highways, where necessary. It will also cover such matters as Heads of Terms of legal agreements and scoping the content of various studies such as Transport Assessments necessary to support a planning application. For unusual or complex applications including minerals and waste proposals or those of a strategic scale/role the Pre-Application Fee will be quoted on application. In all development type categories, the Planning service reserve the right to apply an additional top up fee where required. We also offer a one-off fee of £250 if you would like to come in and meet with us either before or after you have made a Pre-Application Enquiry. Do I need Planning Permission? This simple and quick service is invaluable for homeowners and developers who seek informal advice as to whether Planning Permission is required for works, they are proposing. A site visit or meeting will not normally be undertaken or provided as part of this service. Updated 25/01/21 Pre-Application Fee Schedule 2021 2
Pre-Application Fee Schedule
No Development description Fee Target for a
response
1 Minor Developments: £445 25 working days
• 1-4 dwellings,
• Commercial development with no new
floorspace (e.g., shopfronts)
• Creation or change of use of up to 499 sqm
floor space
• Any other development on land less than 1ha
for change of use or works involving no
floorspace
If your proposals include works to a listed building an
additional charge of £175 is payable
2 Medium Developments: £1000 35 working days
• 5 - 9 dwellings or creation or
• change of use of 500-999sqm floor space
• Any other development on land 1ha or more
for change of use or works involving no
floorspace.
If your proposals include works to a listed building an
additional charge of £225 is payable
3 Major Developments: £2000 35 working days
• 10 - 99 dwellings
• creation or change of use of 1,000-
9,999sqm floor space
• Waste proposals where annual throughput is
less than 50,000 tonnes
• Renewable energy developments on sites of
1-4 hectares
• Applications likely to need EIA
If your proposals include works to a listed building an
additional charge of £300 is payable
Updated 25/01/21 Pre-Application Fee Schedule 2021 3No Development description Fee Target for a
response
4 Large Strategic Developments: £3000 35 working days
• 100 or more dwellings,
• Residential developments on sites greater than
2.5 hectares
• creation or change of use of 10,000 sqm or
more floor space
• minor minerals and waste developments of 15
hectares or less
• Outline / hybrid applications over 5ha
• Renewable energy developments on sites of 5
hectares or more
5 Extensions to domestic houses / flats £60 20 working days
(includes LBC advice FOC/ exempt)
6 Exemptions: Works to trees / Household Listed £0 20 working days
Building Advice
7 Works to a listed building without separate planning £250 35 working days
advice (non-household)
8 Display of adverts £60 20 working days
9 Telecommunications development £60 20 working days
10 Do I need Permission? £40 20 working days
• Householder / domestic
• Commercial/ change of use/ shop fronts
• Listed Building Consent - any works to Listed
Buildings require consent
• Advertisement Consent
11 Face to face meeting (maximum 2 hours) £250 Based on 2 hours
with senior officer
Updated 25/01/21 Pre-Application Fee Schedule 2021 4A fee must accompany all ‘Do I need planning permission?’ and pre-application enquiries as
set out above. Charges are inclusive of VAT and are non-refundable nor deductible from any
future planning application fee submission.
Planning Performance Agreement Fee Schedule
The purpose of the Planning Performance Agreement is to allow both Parties (the Planning
Service of Northumberland County Council and the applicant) to enter into an Agreement to
establish and refine the project vision, application requirements, timescales, development
objectives, methods for consideration and determination of applications for the purposes of
providing the Parties with a level of certainty as to the process and timescale to be followed.
Given the benefits of Planning Performance Agreements all applicants for largescale major
planning applications will be asked to enter into an Agreement at the point of validation if not
before. Early discussions are welcome in advance of submitting an application to agree the
terms of the agreement.
In consideration for the services provided by NCC Planning Services the applicant will pay
Planning Services a sum of 15 % of the application fee or in the case of a section 73
application or similar the 15% fee will be based on the fee calculated for the original
application. For unusual or complex applications including minerals and waste proposals or
proposals of a strategic scale the Planning Performance Agreement Fee will be quoted prior
to an application being submitted. In all development type categories, the Planning service
reserve the right to apply an additional top up fee were required.
The payment should be made at the point that the Planning Application is submitted. Failure
to pay will result in the PPA being terminated. The payment is in addition to any application
fee payable under the Town and Country Planning (Fees for Applications and Deemed
Applications) (Amendment) (England) Regulations 2008 or any superseding Act, Order or
Regulations. Any failure to make the payment will result in the termination of the agreement
between the LPA and the applicants.
Concessions
Town and Parish Councils along with Registered Charities will be entitled to a 50% reduction
applied to all pre-application fees.
Disabled access or facilities: A pre-application fee will not be required when the proposal is
solely for the alteration or extension of an existing dwellinghouse; or works in the curtilage of
an existing dwellinghouse (other than the erection of a dwellinghouse) for the purpose of
providing:
• means of access to or within it for a disabled person who is resident in it, or is
proposing to take up residence in it; or
Updated 25/01/21 Pre-Application Fee Schedule 2021 5• facilities designed to secure that person's greater safety, health or comfort. Evidence from a medical practitioner will be required to show the disabled access or facility is required. Ways to Apply An application form is available on the Council’s website at https://www.northumberland.gov.uk/Planning.aspx Pay the pre-application fee on our website or call Customer Services on 0345 6006400 to pay by secure credit and debit card. You can send your Pre-Application form and documents by email to planning@northumberland.gov.uk. Updated 25/01/21 Pre-Application Fee Schedule 2021 6
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