Validation Requirements

1.0. Introduction

What is validation?

The validation stage for planning applications is from the point when a local authority receives an application to confirming that all the necessary information is present, and sufficient, in order to judge the impact of the proposed development and make an informed decision.

Validation requirements for planning applications are set both nationally and locally. This document clearly sets out the expectations for planning applications submitted to Devon County Council, helping to reduce unnecessary delay at the validation stage due to the omission of required information.

Types of applications

Devon County Council deals with minerals and waste development and applications for development by the County Council itself (called Regulation 3 applications). These validation requirements apply to waste and Regulation 3 development. All mineral applications and non-mineral applications on a mineral site should be submitted using the separate DCC M1 form, which contains specific guidance on what should be submitted with those applications.

This document refers to information requirements for all types of applications, including:

  • Full planning permission
  • Outline planning permission
  • Reserved matters*
  • Change of use
  • Extension of time *
  • Variation of a condition*
  • Retrospective applications

For applications marked *, the red line should be the same as for the original application.

Non-material amendments require a separate process, and the ‘Flexible options for planning permissions’ guidance, contained on the Planning Practice Guidance website, provides more information.

National List

The minimum requirements for planning applications are set out in the Town and Country Planning (Development Management Procedure) (England) Order 2015 and further detailed by the Planning Practice Guidance. A summary of the requirements is set out on pages 5-6.

Local List

In addition to the national minimum requirements, the National Planning Policy Framework (NPPF) requires local planning authorities to publish a list of their requirements for planning applications, which should be reviewed at least every two years. The ‘Local List’ sets out the information required by Devon County Council to validate a planning application. These requirements 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 will be a material consideration in the determination of the application.

The Local List below is extensive, covering all possible scenarios of requirements. However, some information is required for all applications, and this is clearly stated in the second column of the tables below. There may be cases where the required documents should cross refer to each other, which is encouraged, and consistency and clear referencing should be evident. Alternatively, it may be helpful to incorporate some of the required information (e.g. Community Consultation Statement, AONB Statement) within the Planning Statement rather than as stand-alone documents.

Overall, the requirements for each planning application will depend on the nature and scale of the proposal and the characteristics of the surrounding environment and infrastructure. Pre-application advice can help determine the scope of the information required. If the applicant considers that it would be more appropriate for provision of one or more documents to be deferred and secured through a condition in the event of planning permission being granted (e.g. delaying a Construction Management Plan until a contractor has been appointed), this should be indicated in the planning application.

In preparing the Local List, the advice, guidance and requirements set out in national policy and guidance and the Town and Country Planning (Development Management Procedure) Order 2015 have been taken into account.

Pre-application advice

We strongly advise that you obtain pre-application advice before you submit a planning application, as encouraged by the NPPF. This will outline the information you need to submit with your application to ensure that the application is validated promptly. You can find details of this pre-application service on the Council’s website.

Additionally, if you require specific pre-application advice on sustainable drainage or guidance on flood risk for major developments, you can find the details on Council’s Flood Risk Management page.

The Environment Agency can provide pre-application advice on Flood Risk, Water Quality, Water Resources, Water-based Ecology and Waste via their cost-recovered planning advice service. The Environment Agency can be contacted at: SDPC@environment-agency.co.uk.

Natural England have a pre-application Discretionary Advice Service (DAS). Visit this page for Further information.

How to submit

You can make an electronic submission via the Planning Portal, which is our preferred approach. However, if your submission is accompanied by a Landscape and Visual Impact Assessment as part of a formal Environmental Statement under EIA Regulations, in addition to electronic copies please provide one set of good quality hard copies of visualisations (for example photomontages) at the appropriate sheet size for viewing at a comfortable distance according to latest best practice technical guidance published by the Landscape Institute (LI TGN 06/19)If you prefer to submit a paper copy of your application, please send it to the address below and either include three copies of each document required or one copy of all documents and an electronic copy of the application on disc.

If you are making your submission electronically, please structure it in the following way:

  • no individual document should be greater than 5MB;
  • large documents should be broken down into manageable files, e.g. chapters;
  • it is important that the electronic file names reflect the plan or document names; and
  • drawings should be oriented so that they appear correctly when viewed on screen.

Invalid applications and validation disputes

Applications will be validated as soon as practicable. However, if an application is not considered valid by Devon County Council, the relevant case officer will inform you and explain the information that is required for validation as soon as possible. The County Council and applicant are expected to make every effort to resolve any disagreements regarding the information requested through negotiation.

However, if a dispute cannot be resolved, and the applicant considers the requests to be unreasonable, as set out above, there is the option for the applicant to send the County Council a notice under Article 12 of the Town and Country Planning (Development Management Procedure) Order 2015, to which the County Council must respond with either a ‘validation’ or ‘non-validation’ notice. If a ‘non-validation’ notice has been served, and after the relevant determination time period has passed, the applicant may have the right to appeal on the grounds of non-determination. More information can be found on the Planning Practice Guidance website.

Contact us

If you have any questions regarding these requirements, submitting an application or requesting pre-application advice you can:

email: planning@devon.gov.uk call: 01392 383373

Alternatively, the postal address is:

Development Management, Room 120, County Hall, Exeter, EX2 4QD

2.0. National Validation Requirements

Application form

When is it required?

All applications

What is required?

A completed ‘1APP’ planning application form. Forms can be found on the Planning Portal website.

Why is it required and further information

Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015

Location plan

When is it required?

All applications

What is required?

This should:

  • show the application site clearly edged with a red line, including all land necessary to carry out the proposed development – e.g. land required for access to the site from the public highway, car parking, landscaping etc.;
  • show a blue line around any other land owned by the applicant which is close to or adjoining the site;
  • be based on an up to date map showing at least two named roads where applicable and surrounding buildings/land;
  • be at an appropriate scale (typically 1:1250 or 1:2500, but wherever possible should be scaled to fit A4 or A3 paper);
  • show a north point; and have a unique drawing reference number.

Why is it required and further information

Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015

Planning Practice Guide: Making an application

The correct fee

When is it required?

All applications (where a fee is necessary)

What is required?

A fee guide and calculator can be found on the Planning Portal website. The Council must receive the correct fee before an application can be validated.

If DCC is the developer (as it is for most Regulation 3 applications), an internal cost code can be used for payment. We cannot accept cheques where the signatory is “Devon County Council”. In all other cases, cheques can be made payable to “Devon County Council”.

The Council can only accept payment via cheque or BACS payments currently. Unfortunately, we cannot accept payments online. The other option is to call 01392 383373 to make a payment by credit card over the phone.

Why is it required and further information

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (2012) (as amended)

Planning Practice Guide: Making an application

Ownership certificate

When is it required?

All applications

What is required?

This should form part of the planning application form. An application is not valid unless the relevant certificate has been completed. The Ownership Certificate incorporates an Agricultural Land Declaration to certify that any agricultural tenants have been notified of the application.

Certificate A: applicant is the sole owner, no agricultural tenants

Certificate B: applicant is not the sole owner, or there are agricultural tenants, and the details of all owners/tenants are known

Certificate C: applicant is not sole owner and does not know the name and address of all the owners and/or agricultural tenants

Certificate D: applicant is not sole owners and does not know the name and address of any the owners and/or agricultural tenants

Why is it required and further information

Article 13 of the Town and Country Planning (Development Management Procedure) Order 2015

Planning Practice Guide: Making an application

Design and Access statements

When is it required?

Applications for:

  • development within a conservation area or World Heritage Site consisting of 1 or more dwellings or floorspace of more than 100m2 or more; and
  • major development[1].

However, the following applications are exempt from this requirement:

  • waste development;
  • engineering or mining operations;
  • a material change of use; and amendments to conditions.

What is required?

A Design and Access Statement must:

  • 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 policy adopted as to access, and how policies relating to access in relevant local development documents 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.

Why is it required and further information

Article 9 of the Town and Country Planning (Development Management Procedure) Order 2015

Planning Practice Guide: Making an application

[1] Major development, as referred to in this document, is defined under Article 2 of the Town and County Planning (Development Management Procedure (England) Order 2015.

3.0. Local Validation Requirements

3.1. Plans, Drawings and Surveys

Plans

When is it required?

All applications (where relevant)

What is required?

Plans could include, as appropriate to the development being applied for:

  • block plan of the site (e.g. 1:50 or 1:100);
  • existing and proposed site layout (e.g. 1:50 or 1:100);
  • existing site and topographic surveys including features such as green infrastructure, site levels, contours, buildings, watercourses, public rights of way, overhead lines and roads within and adjacent to the site;
  • proposed finished floor and site levels, contours and heights of the application site and adjacent land relating to OS datum (e.g. 1:50 or 1:100);
  • proposed finished floor and site levels should be sown in meters Above Ordnance Datum (mAOD), as this is useful for flood risk purposes;
  • existing and proposed floor plans (e.g. 1:50 or 1:100);
  • roof plans (e.g. 1:50 or 1:100); and
  • detailed junction layouts showing the width of road, turning radii and visibility (e.g. 1:50 or 1:100).
  • In addition, plans for waste proposals should include a proposed working plan to indicate, as appropriate: any areas of land to be excavated; railway lines; watercourses, services, buildings and trees that will be remain undisturbed; proposals for storage of topsoil and subsoil; proposals for screening and landscaping operations, including details of screening bunds; and the location of fixed plant, stockpiles, buildings, offices, weighbridge, wheel washes etc.

All plans/drawings should:

  • be legible with clear labels and legends, and show a clear distinction between existing features to be retained and removed, and proposed features;
  • show the proposal in context including surrounding surface features and topography beyond the site boundary;
  • be at an appropriate scale and include a scale bar and calibration scale;
  • show all major dimensions, including distances from boundaries or key features;
  • show a north point; and have a unique drawing reference number and title (when a plan is revised, a revision number should also be shown).

Why is it required and further information

Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015

Planning Practice Guide: Making an application

Elevations

When is it required?

All applications proposing new or altered buildings or structures

What is required?

These should:

  • show all sides of the proposed/affected buildings/structure including all window and door openings;
  • show existing and proposed elevations (e.g. 1:50 or 1:100);
  • give details of proposed materials;
  • Include major dimensions; and address the above formatting points for Plans.

Why is it required and further information

Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015

Planning Practice Guide: Making an application

Existing/Proposed cross sections

When is it required?

Applications:

  • proposing altered land levels;
  • where topography is key to the site; or where the relationship of existing buildings, mature vegetation or other distinctive features with or surrounding the sites is required to be shown.

What is required?

These should:

  • show existing and proposed sections in context with surrounding buildings/structures/topographical features. The scale/height of such features should be accurate including height of existing and proposed trees that would help screen and integrate the proposal into the landscape show finished floor and/or site levels;
  • include major dimensions;
  • provide spot heights and levels in metres above OS datum (AOD); and
  • address the above formatting points for plans/drawings.

Why is it required and further information

Article 7 of the Town and Country Planning (Development Management Procedure) Order 2015

Planning Practice Guide: Making an application

Utilities Site Survey

When is it required?

All applications where utilities are present within or adjacent to the site.

What is required?

A site survey for infrastructure such as electricity overhead lines, underground cables, drainage infrastructure, hazardous substances, gas supplies, or substations that could be affected either by the proposed development or by its construction activity should be included.

Where an application is within 15m of an overhead line or 10m of a substation or an underground cable, or the access to a substation or pylon, Western Power Distribution should be consulted prior to an application being made.

National Grid has information on their overheard lines and substations on their website.  The Health and Safety Executive has information for proposals that are near hazardous installations.

Why is it required and further information

Paragraph 24 and 25 of the NPPF

3.2. Planning Statement

Planning Statement

When is it required?

All applications (proportionate and specific to the development)

What is required?

The planning statement should set out the context and justification for the development, including:

  • a description of the site (including access, existing uses and landscape, ecological and built features) and its surroundings (including any relevant historic, ecological and landscape designations or uses that may be a constraint);
  • a description of the proposed development and a summary of any impacts of the development (including the activities that will be carried out on the site, hours of operations, phases of the development, physical dimensions, proposed appearance, vegetation affected, any proposed planting, and any other associated features or information necessary to describe the development and establish the impacts);
  • reference to the relevant national and development plan policies and other guidance, and an assessment as to the extent to which the proposal is in accordance with these relevant policies and other guidance;
  • when the justification and need of a proposal is considered to be a material planning consideration, reference to why the applicant considers there is a valid need should be included.
  • describe how the proposal achieves sustainable development – how does it respond to the climate and ecological emergency by helping create a resilient, net-zero carbon Devon where people and nature thrive? Explain how the development will help improve social equality and the condition of the environment.
  • for variations of conditions/minor material amendments, what changes are proposed and why;
  • any details of pre-application discussions with the County Council and statutory consultees; and
  • a summary of the conclusions and recommendations of reports and research contained as part of the application, reflecting on the links and interactions between the issues covered, and stating clearly which recommendations are being taken forward (providing the detail of implementation) and which recommendations are not being taken forward and why.

Depending on the scale of the development, it may be acceptable to include other information that is required by the Local List within the Planning Statement.

Why is it required and further information

National Planning Policy Framework

Planning Practice Guidance: Determining an application

Devon Waste Plan

Devon Climate Emergency

Waste Planning Statement

When is it required?

All waste applications.

What is required?

The Waste Planning Statement should include all of the information required in the above Planning Statement section and, where applicable:

  • how the facility meets sustainable waste management, drives waste up the waste hierarchy and does not undermine movement up the waste hierarchy (prevent, reuse, recycle, other recovery and disposal);
  • how the facility meets the spatial strategy of the Devon Waste Plan
  • the maximum annual capacity of the facility and the types, quantities and sources of waste;
  • a statement of how the facility meets Devon’s requirements and, if the proposal is not consistent with the Devon Waste Plan demonstration of the need for the proposed development;
  • details of the operational and processing methods and, if landfill, details of phasing and timeframes for filling;
  • details of any existing features of the site that require removal or diversion;
  • details of stockpiles including heights;
  • details of any residual materials and how they will be managed;
  • details of how any energy produced will be utilised and how any residual materials will be managed;
  • details of site management, e.g. wheel wash facilities;
  • details of monitoring and complaints procedures; and
  • details of the restoration and aftercare proposed.

Why is it required and further information

National Planning Policy for Waste

Planning Practice Guidance: Waste

Devon Waste Plan

Education Statement

When is it required?

All school developments that result in an increase in pupil numbers.

What is required?

This should set out the reasons why such facilities are required:

  • explaining how the proposal helps to deliver Devon County Council’s statutory responsibilities in relation to education (as set out in the Plan 2016);
  • consideration of the existing school facilities;
  • identifying the benefits that the development will deliver to the school and local community, and what improvements it will deliver for teaching and learning; and setting out the alternative options that were considered and, where relevant, local demographic pressures on school places should be explained.

Why is it required and further information

Paragraph 94 of the NPPF

Education Infrastructure Plan

Community Consultation Statement

When is it required?

All applications, particularly where a boundary is shared with a private residential or sensitive use (proportionate and specific to the development)

What is required?

The statement should include:

  • details of any consultation held with any neighbours of the site;
  • any issues identified through this consultation; and
  • the response to these issues and how the proposal has been amended.

If community consultation is not carried out prior to submission of the application, the reasons as to why it has not taken place should be included in the Planning Statement.

Why is it required and further information

Paragraph 40 of the NPPF

3.3 Environmental Information

Environmental Statement (ES)

When is it required?

All applications where the development is listed in Schedule 1 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

Developments that are listed in Schedule 2 of the above regulations, either above or below the thresholds, may require an Environmental Statement if it is likely to have significant effects on the environment by virtue of factors such as nature, size and location.

What is required?

It is advised that, for all major development within or affecting a ‘sensitive area’ or for development that falls within Schedule 2 of the 2017 Regulations, you request a Screening Opinion from the Development Management team who will establish whether Environmental Impact Assessment is required. To obtain a Screening Opinion, please ensure you include the following information when contacting the Development Management team:

  • a location plan;
  • a description of the development, including in particular:
    • a description of the physical characteristics of the development and, where relevant, of demolition works; and
    • a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected;
  • a description of the aspects of the environment likely to be significantly affected by the development;
  • to the extent the information is available, a description of any likely significant effects of the proposed development on the environment resulting from:
    • the expected residues and emissions, including wastes, where relevant: and
    • the use and/or destruction and/or creation of environmental resources e.g. soil, land-take, water, fuels, habitats, heritage and culture.
  • such other information or representations as the person making the request may wish to provide or make, including any features of the proposed development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

If Environmental Impact Assessment is required, it is advised you obtain a Scoping Opinion from DCC. This will set out the information that DCC considers should be provided in the Environmental Statement to meet the requirements of Regulation 18 and Schedule 4 of the EIA Regulations.

A ‘sensitive area’ is defined as a Site of Special Scientific Interest, Natura 2000 site, National Park, Area of Outstanding Natural Beauty, World Heritage Site or a scheduled monument. Local environmental designations may also be required in certain cases.

Why is it required and further information

Town and Country Planning (Environmental Impact Assessment) Regulations 2017

Planning Practice Guidance: Environmental Impact Assessment

Green Infrastructure Scheme

When is it required?

All major developments and any application that significantly affects Green Infrastructure assets or has the potential to enhance them.

What is required?

The Green Infrastructure (GI) Scheme should include:

  • a GI Context Plan that evaluates the site landscape in terms of the existing and potential function of GI assets and connectivity to the wider GI network (e.g. for flood management, biodiversity, landscape, historic environment, public access, local food supply and climate change), allowing constraints and opportunities for GI within the proposed development to be taken into account at an early stage in its planning and design;
  • a GI Statement showing how the proposal would protect and enhance the functions and connectivity of the wider GI network to help sustain and improve environmental quality and support ecosystem services, consistent with the Guiding Principles and Strategic Priorities of the Devon GI Strategy. The GI Statement should demonstrate how the proposal contributes to the delivery of any planned GI identified within relevant Local Plans and GI Strategies.
  • information outlining how existing and planned GI assets would be managed in perpetuity to sustain their function and connectivity. This should cross-refer to other more detailed documents such as a Landscape and Ecological Management Plan where required.
  • for larger sites, a GI Plan showing proposed GI provision within the site and how this connects with the wider GI network. For smaller sites, such information may be shown as part of the landscape masterplan.
  • how the GI provision contributes to mitigating the carbon emissions associated with the construction and/or operation and/or decommissioning of the development to create a resilient, net-zero carbon Devon where people and nature thrive.

The GI Scheme should be proportionate to the size of the scheme and its impacts.

The Scheme also needs to be consistent with other application documents such as the Wildlife Report, Landscaping Scheme, Heritage Statement, Sustainable Drainage Scheme and Sustainable Design Statement.

Why is it required and further information

Paragraphs 155 and 171 of the NPPF

Planning Practice Guidance: Natural Environment (Biodiversity, ecosystems and green infrastructure)

Devon’s Green Infrastructure Strategy

District progress on green infrastructure planning

Landscape Institute: Green Infrastructure

Supplementary Guidance Note: Landscape and Green Infrastructure

Devon Climate Emergency

Landscape and Ecological Management Plan (LEMP)

When is it required?

Major schemes where there is a need to ensure landscape, ecological and other environmental mitigation is sustained into the future; where  adverse environmental impacts of a proposal are made acceptable through reliance upon protection, establishment and/or management of vegetation and  wildlife habitats; and where there is a need to integrate ecological, landscape and other environmental mitigation for the benefit of those responsible for ongoing site maintenance and management following construction.

For minor schemes, such information may be included in the information required for landscape and ecology.

What is required?

A Landscape and Ecological Management Plan (LEMP) is a document that is intended for use by those responsible for ongoing maintenance and management of the site landscape. See our DCC Guidance on the requirements for a LEMP

Why is it required and further information

To ensure that the mitigation measures that make the scheme environmentally acceptable can be delivered and sustained into the future in accordance with policy.

Section 15 of the NPPF

Planning Practice Guidance: Natural Environment (Biodiversity, ecosystems and green infrastructure)

BS42020:2013 Biodiversity- Code of practice for planning and development

3.4. Historic Environment

Heritage Statement

When is it required?

All applications for development which:

  • affect a World Heritage Site or its setting;
  • affect a listed building or its setting;
  • are within or would impact upon a conservation area;
  • would impact upon a World Heritage Site or its setting;
  • may lie within an area of archaeological interest; or
  • could impact upon any other designated or non-designated heritage asset or its setting.

Please note that any works to a Listed Building will require separate Listed Building Consent

Please note that works to a Scheduled Monument are likely to require separate Scheduled Monument Consent.

What is required?

The Heritage Statement should:

  • outline the proposed works and the extent of the works, noting their scope and what they are expected to achieve – repair/alteration/extension and whether they are internal or external; describe and assess the significance of the asset affected, including any contribution made by their setting;
  • identify any harm that may be caused to the heritage asset and its setting, together with an indication of any positive impacts that may occur;
  • state mitigation and/or enhancement measures; and
  • list the sources of information used and any experts consulted, paragraph 189 of the NPPF notes that the Historic Environment Record is consulted as a minimum. Additionally useful information can be obtained from the Historic Environment Record maintained by the Historic Environment Team at Devon County Council as well as the National Heritage List for England and Historic England’s Heritage at Risk Register;
  • list the designation records for the heritage asset, including the address, number and date of listing, schedule entry or equivalent of the designated heritage asset from the National Heritage List for England as well as the description;
  • a brief overview of the planning history of the heritage asset is useful, but this should be restricted to the context of the current application;

Specifically, for applications:

  • within or would impact upon a Conservation Area, the statement should include an assessment of the impact of the works on the character and appearance of the area as described in the Conservation Area Appraisal (which can be found by contacting your District/Borough/City Council).
  • involving the disturbance of ground on sites that are known to have or are considered likely to have archaeological interest, an applicant will need to commission an assessment of archaeological information and, if required, non-intrusive and/or intrusive investigations to allow the significance of the archaeology as well as the impact of the development upon it to be understood.
  • that impact upon a World Heritage Site a heritage impact assessment should be provided based on ICOMOS Guidance on Heritage Impact Assessments for Cultural World Heritage Properties (2011) and Appendix 2 of the Cornwall and Devon Mining Landscape World Heritage Site SPD (2017).

Areas of archaeological interest tend to be located around known archaeological sites, which are recorded on the Historic Environment Record, Scheduled Monuments and within Conservation Areas. The Devon Environment Viewer and  Heritage Gateway websites allows access to these records and may be used to determine initial potential by applicants. A formal, more detailed, appraisal may be obtained from the Historic Environment Team at DCC.

The results of any archaeological work will need to be included in the Heritage Statement submitted with the planning application.

Why is it required and further information

Section 16 of the NPPF and paragraph 189

Planning Practice Guidance: Conserving and enhancing the historic environment

Planning (Listed Buildings and Conservation Areas) Act 1990

Historic England: Note 2 – Managing Significance in Decision-Taking

Historic England: Note 3 – The Setting of Heritage Assets

Statements of Heritage Significance

Preserving Archaeological Remains (2016)

Mineral Extraction and Archaeology

Policy W13 of the Devon Waste Plan

DCC Historic Environment webpages

Cornwall and West Devon Mining Landscape World Heritage Site SPD

3.5. Ecology

Habitats Regulation Assessment Requirements

When is it required?

Applications which may impact on European designated nature conservation sites (Special Areas of Conservation, Special Protection Areas, RAMSAR Sites)

What is required?

For applications that may have a likely significant effect on a Special Area of Conservation, Special protection Area or RAMSAR site, appropriate information needs to be submitted in order for the LPA to undertake Habitats Regulation Assessment (HRA). For most applications, the information provided will form part of a broader Wildlife Report.

For specific information requirements relating to the South Hams SAC, designated for its importance for greater horseshoe bats, please refer to the South Hams Special Area of Conservation (SAC) of Greater Horseshoe Bats Habitats Regulation Assessment Guidance.

Why is it required and further information

Paragraphs 43, 176 of the NPPF

The Habitats and Wild Birds Directives in England and its seas

South Hams Special Area of Conservation (SAC) of Greater Horseshoe Bats Habitats Regulation Assessment Guidance

Biodiversity Metric and 10% net gain

When is it required?

All applications unless otherwise agreed with Devon County Council.

What is required?

Applicants have a responsibility for providing net gain and the opportunity to contribute to the nation’s ambitions to establish a Nature Recovery Network as set out in the 25 Year Environment Plan (2018) and to the Devon Climate Emergency’s aim of creating a resilient, net-zero carbon Devon where people and nature thrive.

Unless agreed with Devon County Council, any development resulting in land take (including agricultural or amenity land) will require the completion of the latest national Biodiversity Metric as part of the planning application.

Information on the habitat descriptions used in the metric can be found at the UK Habitat Classification webpages.

In line with the forthcoming Environment Bill and advice from Natural England DCC expects applications to provide 10% net gain.

Why is it required and further information

Section 15 and Paragraphs 170, 174 and 175 of the NPPF

Natural England The Biodiversity Metric

Biodiversity net gain

Planning Practice Guidance: Natural Environment

Devon Climate Emergency

Wildlife and Geology Information

When is it required?

All applications (including those for which an ES is required)

What is required?

There are 3 elements to the requirements for wildlife and geological information.

All applications must include a completed Wildlife and Geology Trigger Table.  This will indicate whether or not a Wildlife or Geology Report is required. The Trigger Table will also help identify whether the proposal may impact on protected or priority habitats or species.

Where the trigger table indicates that a Wildlife and/or Geology Report is required, it must be submitted with the application and be produced by a suitably qualified and experienced ecologist.  The report (and any surveys) must comply with DCC and Devon guidance found on Council’s Wildlife planning guidance webpages as well as national guidance such as the British Standard for Biodiversity (BS42020).   The report must include all the information required in order for the LPA to determine the application (including any survey information on protected and priority species).

If the proposal includes lighting, this should be implemented in such way to avoid any light spill onto surrounding wildlife habitat and confirmation from an ecological consultant should be provided that they are satisfied with the lighting proposal.

All details of proposed avoidance, mitigation, compensation and enhancement actions must be included within the Wildlife Report or other supporting information.

Information within Wildlife Reports must be consistent and link with information in other relevant reports e.g. relating to SUDS, landscape, lighting, flood risk, open space, access, restoration and aftercare and trees.

The Wildlife Checklist must also be completed by the ecological consultant and included with any Wildlife or Geology Report.

Each of the documents referred to and supporting guidance can be found on Devon County Council’s planning guidance webpages

Why is it required and further information

Paragraphs 170, 172, 174, 175 and 177 of the NPPF

European and National Wildlife Legislation

Circular 06/05: Biodiversity and Geological Conservation – statutory obligations and their impact within the planning system (2005)

Policy W11 of the Devon Waste Plan

DCC Wildlife and Geology Planning Guidance

MAGIC Maps to identify if a site is within an Impact Risk Zone for a SSSI, SAC, SPA or RAMSAR site.

Natural England Standing Advice on Ancient Woodland

Natural England Standing Advice for protected Species

3.6. Landscape and Trees

Area of Outstanding Natural Beauty Statement

When is it required?

All applications for development within, or affecting the setting of, an AONB.

What is required?

For all applications, the statement should include an assessment of:

  • the existing site and how it contributes to the wider landscape’s natural beauty and special qualities with reference to relevant landscape character assessments and AONB Management Plans;
  • the nature of the impact of the development (i.e. negative, neutral or positive) and resulting site character;
  • measures that would mitigate adverse effects on the AONB’s natural beauty and special qualities; and
  • the statement should cross-refer to relevant content within submitted Landscape and Visual Impact Assessments, Lighting Impact Assessments and Noise Impact Assessments where these are also required

For major development, the statement should also demonstrate exceptional circumstances by including an assessment of:

  • the need for the development, including in terms of any national considerations, and the impact of permitting it, or refusing it, upon the local economy;
  • the cost of, and scope for, developing elsewhere outside the designated area, or meeting the need for it in some other way; and any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated.

Why is it required and further information

Paragraphs 172 of the NPPF

Planning Practice Guidance: Natural Environment

Countryside and Rights of Way Act 2000

Policy W12 of the Devon Waste Plan

AONB Management Plans and associated policies and guidance

Devon’s landscape character assessments

Landscape and Visual Impact Assessment (LVIA)

When is it required?

All applications likely to result in significant effects on the landscape and/or visual amenity considering the:

  • nature;
  • size/scale;
  • location (specifically affecting an AONB, National Park, Heritage Coast/ undeveloped coast); and
  • duration of the effects and whether they are reversible.

What is required?

This should follow latest best practice guidelines for landscape and visual impact assessment published by the Landscape Institute/IEMA and be carried out by a suitably qualified landscape professional.

Where the LVIA forms part of and Environmental Statement under the EIA Regulations, the LVIA should fulfil the requirements as outlined under ‘Environmental Statement’. The LVIA should meet the requirements outlined in the scoping opinion (if one has been requested and provided) and focus on the key issues.

Minimum requirements are, where relevant:

  • the landscape study area and a Zone of Theoretical Visibility (ZTV) to establish the potential extent of visual impact of the proposals;
  • a consideration of the landscape and visual context, with reference to relevant landscape character assessments;
  • an assessment of effects on the landscape;
  • an assessment of effects on views/visual amenity, using photographs, visualisations and photomontages that is appropriate and proportionate to the likely significance of effects on the landscape and visual resource- see further information. Where viewpoints/photomontages/visualisations are produced, a hard copy of these, printed at the correct size, should be provided;
  • details of mitigation measures to avoid or reduce any negative impact of the development upon the landscape and any measures to enhance the landscape character; and
  • presentation of the above in a succinct, focused and well-illustrated report including a non-technical summary.

Applicants are strongly encouraged to agree the scope of the LVIA (including number and location of viewpoints) through consultation with us and, if appropriate, other relevant consultation bodies.

A Cumulative Landscape and/or Visual Impact Assessment (CLVIA) will be required where the impacts could be greater in combination with other developments (of any type and at any stage) in the area. An assessment of cumulative effects using best practice methods and credible evidence should be conducted.

Why is it required and further information

Paragraphs 151, 171, 172 and 180 of the NPPF

Planning Practice Guidance: Natural Environment

EIA Regulations 2017

DCC’s Landscape webpages have links to various guidance notes and information

Book: Landscape Institute / IEMA (2013): Guidelines for Landscape and Visual Impact Assessment. 3rd edition.

Policy W12 of the Devon Waste Plan

Devon’s Landscape Character Assessments

Landscape Institute: Visualisation  

Landscaping Scheme

When is it required?

A Landscaping Scheme is required if:

  • the proposal could harm the character or appearance of the area; and/or
  • where existing vegetation is to be removed and replacement landscaping is proposed.

What is required?

The Landscaping Scheme should be proportionate to the size of the scheme and its impacts, and should include (where relevant):

  • a plan detailing the proposed external works including hard and soft landscaping and all other measures that will become landscape features (these can be shown on the proposed site plan), such as any trees/planting, flood management measures, roads/paths, fencing/walls, screening, noise bunds;
  • an evaluation of the importance of the existing landscape features to the character and function of the area and how the proposal maintains and enhances the area, and mitigates any negative impacts;
  • measures taken to retain existing landscape features (e.g. important trees and hedges) or encourage natural regeneration;
  • planting specifications (including soil preparation, planting method, spacing, seed types, plant species, stock size, means of protection/ support, timing of planting);
  • evidence that the ground is suitable for the proposed planting scheme (i.e. soil type and condition);
  • construction details/materials for landscape features e.g. hedge banks, walls, fencing, surfacing, tree pits in hard landscapes; and
  • details of ongoing management of planting and landscaping, including replacement of plant failures and the period of aftercare.

Why is it required and further information

Paragraphs 17, 127, 130, 153, 155, 170 and 175 of the NPPF

Planning Practice Guidance: Natural Environment

European Landscape Convention

EIA Regulations 2017

Policy W12 of the Devon Waste Plan

Guidance on establishing trees and hedges:

Supplementary Guidance Note: Landscape and Green Infrastructure

Devon’s Landscape Character Assessments

Water Framework Directive

Natural Environment and Rural Communities Act

Trees and Design Action Group

Natural England Standing Advice on Ancient Woodland

Arboricultural Survey and Tree Protection Plan

When is it required?

An Arboricultural Survey and Tree Protection Plan will be required where the proposed development has the potential to affect trees or hedges on or off the site.

A full Arboricultural Method Statement should be provided where the development is within the root protection area of a tree.

What is required?

The Survey should include:

  • a plan detailing the location of all trees (and hedgerows if considered appropriate) on the site (including those that may be affected but are adjacent to the site), identifying:
    • trees for retention;
    • trees scheduled for removal;
    • any trees covered by a Tree Protection Order;
    • root Protection Areas of trees likely to be affected by the development;
    • areas to be protected from construction operations showing the location of tree protection fencing;
  • where trees are scheduled for removal or could be impacted by the development, a survey and categorisation of existing trees should be conducted and their current condition and the potential impact of the development on their health should be assessed;
  • details of how the tree and the roots will be protected during construction; and
  • the AMS should evidence that the proposal is technically feasible, referring to the “Heads of Terms” as defined within BS 5837: 2012.

These documents should be completed in accordance with BS5837:2012 Trees in Relation to design, demolition and construction

Why is it required and further information

Paragraph 175 of the NPPF

BS5837:2012 Trees in Relation to design, demolition and construction

Natural England Standing Advice on Ancient Woodland

Natural England Standing Advice for Protected Species

3.7. Open Space, Playing Fields and Public Rights of Way

Playing Field Assessment

When is it required?

All applications that:

  • affect a playing field;
  • affect land used for playing fields at any time in the last 5 years which remains undeveloped;
  • prejudice the use of all or any part of a playing field; or
  • Include land which is identified for use as playing field in a development plan.

What is required?

The assessment should include:

  • plans identifying existing and proposed marked playing pitches (for winter and summer games) including safety margins;
  • what the playing field is used for, when and by whom;
  • the amount of playing field affected and whether this affects useable or unusable playing field;
  • a statement of need explaining why the proposed development would justify the loss of the playing field;
  • whether alternative sites for the development have been considered and why these have been discounted;
  • whether the proposal is thought to meet one of Sport England’s policy exceptions. Details of these Exceptions can be found on Sport England’s website;
  • details demonstrating compliance with the Playing Pitch Strategy prepared by the relevant district authority;
  • details of any ancillary facilities e.g. floodlights;
  • the specification of any Artificial Grass Pitch and reason for the chosen surface type; and
  • how, for any replacement area of playing field, equivalent or better quality will be achieve and maintained, including an assessment of the performance of the existing area, the programme of works (including pitch construction) for the creating of the proposed replacement area and a management and monitoring plan for the replacement area.

If the proposed development triggers a Playing Field Assessment, you should consult Sport England at the earliest opportunity.

Why is it required and further information

Paragraphs 96 and 97 of the NPPF

Planning Practice Guidance: Open space, sports and recreation facilities, public rights of way and local green space

Planning Policy Statement – A Sporting Future for the Playing Fields of England

Playing Pitch Strategies prepared by Devon’s district councils.

Open Space and Public Rights of Way Statement

When is it required?

Applications that would:

  • result in the loss of open space; and/or
  • have implications for a Public Right of Way.

What is required?

This should include:

  • an assessment to show the open space is surplus to requirements; or
  • measures to compensate or replace such impacts, such as the diversion or enhancement of a Public Right of Way within or adjoining the development. Information on Rights of Way and Planning can be found on DCC’s website.

Why is it required and further information

Paragraphs 96, 97 and 98 of the NPPF

Planning Practice Guidance: Open space, sports and recreation facilities, public rights of way and local green space

Policy W17 of the Devon Waste Plan

Policies PL1A/2 to PL2B of the Rights of Way Improvement Plan 2: Policies and Actions (2012)

3.8. Transport and Highways

Travel Plan

When is it required?

Applications for:

  • school developments that result in an increase in pupil numbers; and/or
  • developments which generate a significant amount of movement in sustainable and active travel modes; or
  • developments which generate any increase in motorised transport.

What is required?

School developments

For school developments that result in any increase in pupil numbers, the following details must be included in the application:

  • current and proposed number of pupils and staff at the school;
  • staff travel patterns and details on current measures that support active and sustainable travel of staff to the school site;
  • current and proposed car and cycle/scooter parking facilities at the school including type of facility (e.g. covered/secure/lighting), number of spaces, location; how safe and convenient access to the site will be provided, particularly for those walking, cycling or scooting (including cycle/scooter parking facilities); and
  • how sustainable travel is to be increased and encouraged
  • how car journeys to the school will be reduced and the often-associated issues of congestion and inappropriate parking will be tackled.

Where a school development will create a significant amount of movement (by any mode of transport) an up-to-date School Travel Plan should be provided with the application (or a commitment made to its provision prior to the new development coming into use). As a general guideline, the County Council considers an increase of 20 pupils or 25% to be significant, though this will be determined on a case by case basis. A smaller increase in pupils may be considered significant where there are existing issues with the highway network in terms of congestion or road safety issues, or where the development results in a change to the access arrangements that could affect the road safety of school users.

 A School Travel Plan sets out how a school will promote safer, active and sustainable travel to and from school. The main emphasis is on reducing the number of children being driven to and from school, therefore reducing traffic congestion and parking problem outside the school and carbon emissions. Fewer vehicles near the school will improve air quality, safety and make it a nicer environment for the pupils and parents. In turn this will encourage further take-up of sustainable and active travel.

A School Travel Plan is the first step for tackling the issue of inconsiderate parking outside schools at school travel time.  It is important that school travel plans are updated regularly as they are a live document. It is recommended that a travel plan coordinator is appointed, they would be responsible for creating, updating and implementing the travel plan.

 For more information on School Travel Plans, please visit the Schools Safe Travel website or email rshelp@devon.gov.uk

Non–school developments

Where a development will create a significant amount of movement (by any mode of transport) a Travel Plan should be provided.  Applicants should refer to the trigger points as detailed in the relevant Local Plan.  Where the Local Plan is not clear for the proposed development type, the applicant should seek advice from the Devon County Council Development Management Team (contact information on page 4) or Highways Development Management (contact details).

Where a Travel Plan is required, it should relate explicitly to the Transport Assessment/Transport Statement if required (see below). Developers are responsible for preparing Travel Plans to the standards required by the Planning Practice Guidance and the Highways Development Management Officers.

Why is it required and further information

Paragraph 111 and Section9 of the NPPF

Planning Practice Guidance: Travel plans, transport assessments and statements in decision-taking

Home to school travel and transport guidance

Policy W17 of the Devon Waste Plan

Travel Devon Toolkit

Devon Climate Emergency

Transport Statement or Assessment

When is it required?

All developments that generate significant amounts of movement. This will be determined on a case by case basis by factors set out in the Planning Practice Guidance.

What is required?

To understand whether the development you propose triggers a Transport Assessment and, if so, what it should contain, please seek guidance from Devon County Council Highways Development Management Officers directly or request pre-application advice on the whole scheme from the Development Management Team (contact info on page 4).

The scope and detail of the Transport Assessment or Statement should be guided by the information set out in the Planning Practice Guidance and by the Highways Development Management Officers.

Why is it required and further information

Paragraphs 108, 111 and 103 of the NPPF

Planning Practice Guidance: Travel plans, transport assessments and statements in decision-taking

Policy W17 of the Devon Waste Plan

Road Safety Audit

When is it required?

For applications that propose any change to the existing highway.

What is required?

A Stage 1 or Stage 2 Road Safety Audit will be required in accordance with GG119 (see Design Manual for Roads).

Please seek guidance from Devon County Council Highways Development Management Officers directly to establish the details required.

Why is it required and further information

Paragraphs 108, 111 and 110 of the NPPF

Design Manual for Road and Bridges: Volume 5 Section 2

Policy W17 of the Devon Waste Plan

3.9. Water

Flood Risk Assessment

When is it required?

Required for proposals:

  • in Flood Zones 2 and 3;
  • of more than 1 hectare in Flood Zone 1;
  • in a Critical Drainage Area in Flood Zone 1;
  • less than 1 hectare in Flood Zone 1 (including a change of use proposals to a more vulnerable class) where they could be affected by sources of flooding other than rivers and the sea, e.g. surface water drains, reservoirs.

What is required?

Guidance provided by the Environment Agency and Defra outlines the scope of Flood Risk Assessments based on the location of the development, the links below provide guidance for each scenario:

Overall, it is expected Flood Risk Assessments will contain:

  • reference to the Strategic Flood Risk Assessment (often adopted as part of the Local Plan);
  • consideration of flood warning and flood evacuation procedures;
  • plans, including outline of development proposals with identified areas for SuDS;
  • surveys;
  • assessments of flood risk and surface water runoff, including impacts to offsite locations;
  • flood management and protection measures;
  • sufficient information to demonstrate whether the proposal will be safe of its lifetime, not increase flood risk elsewhere and (where possible) reduce flood risks overall;
  • a sequential/exception test if necessary; and
  • the FRA should include evidence regarding the availability of any alternative sites at a lower risk of flooding to help the LPA determine whether the flood risk Sequential Test can be satisfied (if required).

The checklist contained on the Planning Practice Guidance website may help preparation.

The FRA should be proportionate to the degree of flood risk and appropriate to the scale, nature and location of the development.

The FRA must consider surface water flood risk and should include sustainable drainage systems wherever possible. Detailed evidence would need to be provided if this cannot be achieved. If the details of sustainable drainage systems are not included within the FRA, then a separate document detailing the Sustainable Drainage Scheme will be required.

Why is it required and further information

Paragraphs 158, 160, 163, 164 and 165 of the NPPF

Planning Practice Guidance: Flood Risk and Coastal Change

Defra and EA: Flood risk assessment for planning applications

EA’s Flood Risk Standing Advice

Flood Map for Zones 2 or 3

Flood Risk Emergency Plans

Policy W19 of the Devon Waste Plan

Sustainable Drainage Scheme

When is it required?

Applications for:

  • major development; or
  • minor development that proposes an:
  • alteration to the existing drainage arrangements (surface water or foul water); and/or
  • interruption to the natural drainage.

A scheme will not be required if an FRA considers surface water drainage and proposes sustainable drainage systems.

What is required?

Major developments must include proposals for sustainable drainage systems for the management of run-off, unless demonstrated to be inappropriate.

Minor developments must demonstrate how the site’s natural drainage will be maintained and bettered.

The scheme should include statements/drawings detailing:

  • current surface water drainage details for the site, including discharge routes, flow rates, volumes and any amenity and ecology benefits;
  • infiltration testing and groundwater monitoring should be undertaken as soon as possible, in order to avoid delays;
  • above ground sustainable drainage systems should be landscaped to provide maximum benefit for amenity and biodiversity;
  • information demonstrating how the surface water run-off will be discharged as high up the following hierarchy of drainage options as reasonably practicable, with justification as to why not higher:
    • into the ground (infiltration);
    • to a surface water body;
    • to a surface water sewer, highway drain or another drainage system;
  • to a combined sewer; the sustainable drainage system to be implemented and demonstrate how this is designed in accordance with DCC SUDS guidance, including calculations and how this improves water quality and provides amenity and ecology benefits; arrangements for ongoing maintenance of sustainable drainage systems for the lifetime of the development;
  • the measures taken during construction to not increase flood risk;
  • demonstrate how pollution to surface water will be avoided; and
  • justification as to why sustainable drainage systems cannot be achieved where demonstrated to be inappropriate.
  • please note, we require a 10% allowance for urban creep and only accept FEH (flood estimation handbook) rainfall date for the attenuation calculations

Why is it required and further information

Paragraphs 148, 149, 150, 155, 156, 157 and 163 of the NPPF

Planning Practice Guidance: Reducing the causes and impacts of flooding

Planning Practice Guidance: Flood Risk and Coastal Change

Guidance for New Developments: Surface Water Drainage Assessments

Defra: Non-statutory technical standards for sustainable drainage systems

Ciria C697 – The SuDS Manual

Sustainable Drainage Systems: Guidance for Devon

Policy W19 of the Devon Waste Plan

Hydrological and Hydrogeological Assessments

When is it required?

Waste applications that:

  • involve significant ground works, dewatering, abstraction; or
  • propose to infill land.

Major Regulation 3 applications that involve significant ground works.

What is required?

All applications should include:

  • details of existing groundwater levels;
  • impacts of the development on existing water levels;
  • mitigation measures and management of such impacts;
  • for applications within a groundwater source protection zone, a risk assessment will be required considering the impact on water quality and resources; and
  • for applications within or affecting a wetland SSSI, consideration needs to be had for potential water level changes on any wetland SSSI

For applications involving dewatering or abstraction, the assessment should also include:

  • calculations of the extent and volumes of dewatering;
  • details of topography and surface drainage, artificial ground, superficial deposits, landslip deposits, rockhead depth, bedrock geology and details of any borehole reports including any information with regard to both licensed and unlicensed abstractions, where necessary;
  • details of the natural water table including its depth, source catchment areas and characteristics;
  • consideration of the potential impact upon any wetland SSSI;
  • evidence that third parties will not be affected by the dewatering, and where there is a potential impact upon public and private water supplies, water bodies or watercourses details of mitigating measures must be included in the application;
  • details of proposed methods of dewatering and proposed methods of water disposal;
  • proposed measures to control potential pollution to protect ground and surface water; and
  • any necessary drainage and flood control measures; and proposed monitoring measures, including any requirements for the provision of settlement lagoons; the way in which surface water is to be disposed of; the avoidance of impairing drainage from adjoining areas; and the prevention of material entering open watercourses.

Monitoring of the existing water regime for at least 12 months prior to submission of the application may be necessary in order to ensure that surface and ground water can be safeguarded.

Why is it required and further information

Paragraphs 17 and 170 of the NPPF

Policy W16 of the Devon Waste Plan

EA: Groundwater protection

Foul Drainage Assessment

When is it required?

All development involving a non-main foul drainage system.

What is required?

The FDA should be submitted with:

The Planning Practice Guidance stresses that the first presumption must be to provide a system of foul drainage discharging into a public sewer to be treated at a public sewage treatment works. Only where, having taken into account the cost and/or practicability, it can be shown to the satisfaction of the local planning authority that connection to be a public sewer is not feasible, should non-main foul sewage disposal solutions be considered.

Paragraph 20 states that ‘applications for developments relying on anything other than connection to a public sewage treatment plant should be supported by sufficient information to understand the potential implications for the water environment’.  Any planning application for a non-mains system should therefore be accompanied by a Foul Drainage Assessment (FDA) form including a justification for why connection to the mains sewerage system is not feasible and sufficient information to demonstrate that the proposed system will be viable in this location and will not be detrimental to the environment.  Sufficient information would normally include the provision of the following:

  • full details of the proposed flows (based on Flows and Loads 4);
  • a plan showing the location of the proposed treatment plant and appropriately sized soakaway field/discharge point;
  • percolation test results to demonstrate the viability of soakaways (if proposed); and
  • for applications within or affecting a wetland SSSI, consideration needs to be had for potential water level changes on any wetland SSSI.

The FDA form is available online.

Why is it required and further information

Planning Practice Guidance – Paragraph 020 in the section on water supply, wastewater and water quality – Reference ID:34-020-20140306)

3.10. Sustainable Design and Waste Management

Sustainable Design Statement

When is it required?

All applications (proportionate and specific to the development)

What is required?

With regard to Carbon Emissions this must state the carbon emissions associated with each stage of the development’s lifecycle. It must demonstrate how the design of the proposal has minimised its lifecycle carbon emissions during its construction, operation, maintenance requirements and end of life (decommissioning/restoration). This will require consideration of:

Construction

  • choice of materials to minimise embodied carbon over the lifecycle of the development (considering ongoing maintenance requirements), to include those emissions associated with the materials’ manufacture, distribution and use on site;
  • need to minimise energy consumption, maximise energy efficiency and use renewable energy;
  • need to minimise water consumption
  • the need to avoid damaging carbon stores.
  • The opportunity for landscaping onsite or habitat restoration/creation elsewhere to offset carbon emissions associated with the construction.

 Operation and Maintenance

  • need of the development to minimise energy consumption maximise energy efficiency and use renewable energy. This shall include how landform, layout, orientation, massing, landscaping and planting have been used to make use of solar gain, natural ventilation and local cooling, and how highways schemes have been designed to maximise vehicle efficiency (e.g. minimise start/stop cycles at junctions) and encourage sustainable travel modes;
  • Local Plan policies on local energy requirements and how they will be met, particularly in response to requirements for decentralised energy supply unless, having regard to the type of development involved and its design, it can be demonstrated that this is not feasible or viable;
  • minimisation of water consumption and use of grey water, black water and rainwater harvesting; and
  • The opportunity for landscaping onsite or habitat restoration/creation elsewhere to offset annual carbon emissions associated with the development’s operation.

End of Life

  • choice of materials to enable their straightforward and likely reuse or recycling
  • the opportunity for the deployment of renewable energy
  • The opportunity for landscaping onsite to absorb carbon.

With regard to Flood Risk this should demonstrate how the proposal has incorporated sustainable drainage schemes.

With regard to Waste this should demonstrate how the proposal has positively considered the design elements and construction methods that will encourage the reuse and recycling of resources, leading to the reduction of waste from the construction process.

With regard to Amenity this should demonstrate how the proposal will minimise impact on neighbouring properties during construction and operation.

With regard to Green Infrastructure this should demonstrate how the proposal will enhance green infrastructure connections through landscaping schemes and the enhancement of ecology and biodiversity provisions.

In some cases, the above information may be covered by other detailed documents submitted with the planning application, in this case, this document can cross refer to these documents.

Why is it required and further information

Devon Carbon Plan

Climate Change Act 2008

Paragraphs 9, 124, 127, and Section 14 the NPPF.

WRAP Guide to Cutting Embodied Carbon in Construction Projects

Building for Life guidance

Landscape and Green Infrastructure Guidance Note

Policies W2, W4, W6 and W14 of the Devon Waste Plan

Waste Audit Statement

When is it required?

All applications for major development or applications that are likely to generate significant volumes of waste through development or operation phases.

What is required?

The audit should demonstrate that in the construction, operational and end of life phases of a proposed development, waste will be minimised as far as possible. This should include the following information, where relevant to the proposal:

  • sustainable procurement measures used to minimise the generation of waste during the construction process;
  • 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; and
  • 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.
  • the types and quantities of waste that will be generated during the end of life phase and the measures to ensure that the waste will be able to be managed in accordance with the waste hierarchy.

Further information, including a Waste Audit Statement template, is contained within the Waste Management and Infrastructure SPD.

Why is it required and further information

Policy W4 of the Devon Waste Plan

National Planning Policy for Waste

Planning Practice Guidance: Waste

Paragraph 8 of the NPPF

3.11. Construction

Construction Management Scheme

When is it required?

Applications for which construction may result in a conflict, disturbance or significant impact on:

  • neighbours;
  • other road users;
  • sensitive wildlife designations; or
  • sensitive landscape designations.

What is required?

A scheme which details how on-site and off-site construction impacts will be managed, particularly on neighbouring properties, sensitive uses, biodiversity and the highway network. It is likely the plan, with accompanying drawings, will need to include, as appropriate:

  • timetable/programme of works;
  • measures for traffic management [including routeing of vehicles to and from the site, details of the number/frequency and sizes of vehicles];
  • days and hours of building operations and deliveries;
  • location of loading, unloading and storage of plant and materials;
  • location of contractor compound and facilities;
  • provision of boundary fencing/hoarding;
  • measures to protect and manage existing trees, hedgerows and other protected vegetation/wildlife habitats and protected species during construction, including location and type of fencing, method statements and timing of operations to avoid adverse effects on species and habitats (unless included in other documents);
  • management of risks to nearby watercourses from soil/sediment runoff (note: some treatment methods can require an Environmental Permit from the Environment Agency);
  • parking of vehicles of site personnel, operatives and visitors;
  • wheel washing; and
  • dust control.

Why is it required and further information

Paragraphs 11, 179 and 180 of the NPPF

3.11. Pollution

Pollution Control Statement

When is it required?

All major developments

What is required?

This should contain summaries of, and references to, other documents and contain an assessment of the following operational impacts and how they will be controlled, mitigated and monitored:

  • mud and waste on the public highway
  • odour, dust and bio-aerosols
  • birds/flies/vermin/litter
  • noise
  • surface and ground water pollution
  • spillages/seepages
  • soil

It is suggested you contact the Development Management team and the relevant Highways Officer, who will advise on the scope and content of the plan which will reflect the scale and context of the development.

Why is it required and further information

Policy W18 of the Devon Waste Plan

3.13. Land and Soil

Agricultural Land Classification and Soil Statement

When is it required?

Applications that:

  • affect the best and most versatile agricultural land (Grades 1, 2 or 3a); and/or
  • are for new waste disposal facilities or an extension to an existing site.

What is required?

This should include:

  • the quality of existing agricultural land and soil quality;
  • how the agricultural land classification would be protected or, on completion of proposed operation, would be returned to the same agricultural land grade classification and the quality of any agricultural land lost and justification for its loss;
  • measures that would be taken to safeguard the soil qualities during storage and restoration; and
  • the quality of imported soils/other waste materials and how they would improve the land for agricultural purposes.

Why is it required and further information

Paragraphs 170 and 171 of the NPPF

Policy W16 of the Devon Waste Plan

Planning Practice Guidance: Natural Environment – Brownfield land, soils and agricultural land

Natural England: Agricultural Land Classification: protection the best and most versatile land

Construction code of practice for the sustainable use of soils on construction sites

Contaminated Land Assessment

When is it required?

Applications where contamination could be an issue due to the previous use of the site (or adjacent to the site) or where the application is for a sensitive use.

What is required?

As a minimum a Phase 1 Study will be required to determine the existence or otherwise of contamination, its nature and extent, the risks it may pose and to whom/what, this should:

  • be based on desk-based research (historic maps etc.);
  • include a site walkover;
  • consider risks to both human health and controlled waters; and
  • contain an initial risk assessment identifying the potential sources of contamination, the pathways by which it might reach vulnerable receptors, evaluate the risks and consider options to show how the identified pollutant linkages can be broken.

Unless this initial assessment clearly demonstrates that the risk from contamination can be satisfactorily reduced to an acceptable level, further site investigations and risk assessment (Phase 2 Report) will be needed before the application can be determined.

Phase 2 Report

This should show:

  • the site is suitable for its new use – taking account of ground conditions and land stability, pollution from previous uses and any proposals for mitigation (including land remediation or impacts on the natural environment arising from that remediation);
  • the effects (including cumulative effects) of pollution on health, the natural environment or general amenity should be taken into account. The potential sensitivity of the area or proposed development to adverse effects from pollution should also be set out; and
  • after remediation, as a minimum, land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990

Where remediation works are identified by a Phase 2 report, a remediation and verification strategy should be provided.

Why is it required and further information

Paragraphs 170, 179, 178 and 183 of the NPPF

Policy W16 of the Devon Waste Plan

Planning Practice Guidance: Land affected by contamination

Land Contamination Risk Management (LCRM)

Geo-technical Data (Land Stability Report)

When is it required?

Applications:

  • where the site or adjacent area is suspected or likely to be unstable; or
  • on land within 200 metres of cliffs, ridges or steep embankments, steep slopes or mining activities

What is required?

The scope and contents of the report will be site dependent and should be determined by the competent person carrying it out, but should include:

  • an assessment of local geology;
  • the land stability history of the site;
  • site inspection;
  • some ground investigation e.g. soil testing, slope stability analysis and reporting;
  • assessment of land stability risks; and
  • mitigation measures.

The supporting information should consider the effects of both natural and manmade underground cavities and ground compression.

Why is it required and further information

Paragraphs 170, 179, 178 and 183 of the NPPF

Planning Practice Guidance: Land Stability

Mineral Resource Assessment

When is it required?

Applications within or close to a Mineral Safeguarding Area where the applicant wishes to demonstrate that a mineral resource or mineral infrastructure is not of current or potential economic value.

What is required?

The scope should be agreed in advance with Devon County Council and the relevant mineral industry representatives, but may need to include:

  • an appraisal of the geology of the site and its surroundings and current or previous mineral working and extant mineral planning permissions;
  • evaluation of available mineral exploration data;
  • evaluation of the extent of current extraction in Devon or the wider area of the mineral resource underlying the site and its continued supply in the foreseeable future;
  • the scope for prior extraction of the resource in advance of non-mineral development;
  • assessment of the current and future economic and/or heritage value of the mineral resource, based on the above information, and its relative value in comparison with the proposed non-mineral development in order to inform the local planning authority prior to it determining the application; and
  • in some instances, the results of physical site investigation including boreholes or trial pits.

Why is it required and further information

Paragraph 206 of the NPPF

Planning Practice Guidance: Minerals

Policy M2 of the Devon Minerals Plan

Mineral Safeguarding SPD

3.14. Air Quality

Air Quality Assessment

When is it required?

For proposals that:

  • require a Transport Assessment or Statement;
  • are within or adjacent to an Air Quality Management Area; or
  • will generate dust, PM10s, fumes, vapours, odour or any other emissions to the air for example anaerobic digestors and combustion plants

What is required?

The Air Quality Assessment must focus on the issues specific to that proposal, for example, dust, odour, traffic pollution, bio-aerosols and other pollutants. For each issue the following should be included:

  • a description of baseline conditions;
  • relevant air quality concerns and any previous complaints received;
  • the scale and nature of the emissions the development will generate;
  • the assessment methodology and any requirements around verification of modelling air quality;
  • activities or operations that will generate dust/odour/fumes/PM10 etc.;
  • sensitive locations and receptors;
  • ecological receptors e.g. SSSIs
  • the basis for assessing impact and determining the significance of an impact;
  • construction phase impact;
  • measures that could deliver improved air quality even when legally binding limits for concentrations of major air pollutants are not being breached
  • details of any mitigation and management measures proposed; and
  • monitoring arrangements.

Why is it required and further information

Paragraphs 179 and 181 of the NPPF

Planning Practice Guidance: Air Quality

Policy W18 of the Devon Waste Plan

Natural England’s Impact Risk Zones for Sites of Special Scientific Interest

Air Pollution Information Service

3.15. Noise

Noise Impact Assessment

When is it required?

All applications that:

  • will generate significant noise, either alone or in combination with other existing or proposed development; or
  • are within a noise sensitive area

What is required?

Areas likely to be more sensitive to erosion of tranquillity include: rural areas away from transport corridors including settlement; parks; open access land; public open spaces; national trails and locally promoted recreational routes.

Noise assessments should generally include: 

  • baseline data relating to existing noise levels including frequency analysis;
  • Identification of representative and free field sensitive receptors and measuring points and how these are appropriate (considering not only the distance, but topography etc.);
  • a description of the likely noise emissions during construction and when operational (during different phases, if applicable), and an assessment of effects on the area affected;
  • how the design minimises and/or mitigates noise to avoid significant adverse impacts on health and quality of life;
  • where cumulative effects are possible, scenarios should be developed to determine the likely cumulative impact;
  • an assessment of the impact of any residual increase in noise on the surrounding area, in particular protected areas of tranquillity such as AONBs;
  • identification of whether the noise will have an impact on wildlife, with particular consideration to be given to the potential effect of noisy development on noise-sensitive ecological receptors and international, national and locally designated sites for importance for biodiversity; and
  • a noise monitoring and mitigation/management scheme.

Why is it required and further information

Paragraph 180 of the NPPF

Planning Practice Guidance: Noise

Noise Policy Statement for England

Landscape Character Assessment evidence highlights areas valued for tranquillity, as well as the CPRE

Policies W11, W12 and W18 of the Devon Waste Plan

3.16. Lighting

Lighting Statement

When is it required?

All applications that propose external lighting that:

  • are in the open countryside;
  • would face residential properties;
  • would spill into a designated habitat or affect a protected species; or
  • would spill onto the transport network.

What is required?

This should include:

  • a layout plan;
  • mounting height;
  • beam orientation and spread;
  • design of lighting fixtures;
  • controls (which should include movement sensors, and/or timers where practical to reduce energy consumption);
  • hours of use; and
  • identify the area of any light spill, detail mitigating measures, and assess the impact of light spill on the receptors.

Why is it required and further information

Paragraph 180 of the NPPF

Planning Practice Guidance: Light pollution

DCC’s Street Lighting Policy

Reduction of Obtrusive Light GN01:2011

The Chartered Institution of Building Services Engineers Fact file No 7 – Rev 1, 2003.

Policies W11, W12, W17 and W18 of the Devon Waste Plan

HRA – Guidance for South Hams GHB SAC

Bats and Artificial Lighting in the UK

3.17. Daylight

Sunlight/Daylight Assessment

When is it required?

Developments with the potential to adversely impact on adjoining or nearby properties or buildings including gardens and amenity areas.

What is required?

This should:

  • assess the impact of proposals in respect of potential loss of daylight and sunlight; and
  • include a plan of the extent of overshadowing that would occur.

Why is it required and further information

Section 12 of the NPPF

Planning Practice Guidance: Design: process and tools

 Site Layout planning for daylight and sunlight: a guide to good practice (BRE report 209 1991)

 Policy W18 of the Devon Waste Plan

3.18. Aerodromes and Communications Infrastructure

Aerodrome and/or Radar Impact Statement

When is it required?

See requirements in the adjacent section.

What is required?

Aerodrome Impact Statement required for all applications:

  • For wind turbines and solar farms;
  • Where the height of any structure (permanent or temporary) exceeds the aerodrome safeguarding zone thresholds;
  • Likely to produce smoke or dust in an aerodrome safeguarding area;
  • That impact upon the integrity of radar and other electronic aids to air navigation by reflection and refraction of signals;
  • Where the proposal may obscure or diminish the effect of existing safety lighting, install similar lighting which may cause confusion or contains lighting or materials that may dazzle pilot; and
  • Has the potential to increase hazardous bird species or numbers within 13 km of any licensed aerodrome.

This should demonstrate:

  • How the proposal does not constitute a hazard to air traffic, with or without mitigation; and
  • That the individual airport operators and operators of licensed aerodromes have been contacted and are content with the proposals and mitigation measures proposed.

Exeter Airport welcomes pre-application discussions on developments or issues that might have an impact on aerodrome safety/operations (a charge may apply). You can contact the safeguarding department by emailing safeguarding@exeter-airport.co.uk

Radar and other meteorological radio uses

For applications that fall within the consultation zone and meet the criteria with regards to the type and height of development, contact should be made with the Met Office for pre-application advice. Any planning application that falls within these criteria should demonstrate measures taken to mitigate any impacts on the operation of this infrastructure.

Why is it required and further information

DfT/ODPM Circular 1/2003 – advice to local planning authorities on safeguarding aerodromes and military explosives storage areas.

Policy W15 of the Devon Waste Plan

Met Office Safeguarding

Town and Country Planning (Safeguard Meteorological Sites) (England) Direction 2014

3.19. Restoration and Aftercare

Restoration and Aftercare Scheme(s)

When is it required?

All applications involving waste disposal.

What is required?

A statement and plans detailing:

  • details of the proposed restored landscape including landform, land cover and landscape features, showing how they link and relate to the contours and features of the surrounding area and how the design responds to the character of the landscape context;
  • how the proposals would improve and connect with the green infrastructure network including ecological requirements identified in the Wildlife Report, ensuring ecological functionality of the wider landscape and access for informal recreation;
  • measures for the management of emissions (including gases and liquids);
  • phasing arrangements; and
  • a programme of aftercare and monitoring of the site.

Why is it required and further information

Paragraph 12 of the National Waste Planning Policy

Policy W20 of the Devon Waste Plan