Creation of dwellings planning permission application

Where the development is proposed inside, or adjacent to an Air Quality Management Area (AQMA), or where the development could in itself result in the designation of an AQMA or where the grant of planning permission would conflict with, or render unworkable, elements of the Local Authority's Air Quality Action Plan, applications should be supported by such information as is necessary to allow a full consideration of the impact of the proposal on the air quality of the area.

Although a formal AQIA is not appropriate for all developments within the AQMA, developers are encouraged to make reference to the AQMA where appropriate and provide some justification for the reasons why they have not considered it further.

Further information and advice can be found in our Air Quality and Planning Guidance Note.

Where any proposal includes works on or adjoining a site of known or suspected archaeological interest and within the Areas of Archaeological Importance.

For applications affecting archaeological assets or possible archaeological assets, the statement should include a desk-based archaeological assessment and/or field evaluation in accordance with National Planning Policy Framework S12, Para. 128.

The Planning Authority must consider the conservation of biodiversity when determining a planning application - this includes having regard to the safeguarding of species protected under the Wildlife and Countryside Act 1981; the Conservation (Natural Habitats etc.) Regulations 1994; or the Badgers Act 1992; as well as designated sites and priority habitats. Where a proposed development is likely to affect protected species, a designated site, priority habitat or geological feature, the application must be accompanied by a Biodiversity/Geological Survey and Report.

The circumstances in which a protected species survey and assessment will be required are explained in more detail in the published list of local requirements.

A Design and Access Statement is a statutory requirement for all major developments (10 or more dwellings or a new building or buildings where the floorspace created is 1000sq.m or more) and for development within a conservation area comprising 1 or more dwelling houses or a new building or buildings where the floorspace created is 100m2 or more (not changes of use).

For other applications for new buildings or for extensions of greater than 100m2 the Local Planning Authority will encourage the submission of a short statement to explain and justify the application, including the design of the building and its context. The content of the statement should be proportionate to the scale and nature and impact of the application.

Where an application proposes the loss of existing employment land or buildings; loss of shops; or loss of community facilities including pubs information must be submitted demonstrating the details of the marketing of the site - including any expressions of interest and reasons for their rejection (where relevant) and the details of any alternative facilities that exist nearby.

The need for a Flood Risk Assessment depends upon which Zone, defined by the Environment Agency, applies. Details of the Zones and the Environment Agency's requirements can be found on the Environment Agency's website.

A site specific Flood Risk Assessment is required for:

• Any development of 1 hectare or more in Flood Zone 1 (to consider surface water drainage); and,
• All proposals for development in Flood Zones 2 and 3 (including a change of use to a more vulnerable class of use).

All proposals in High Risk Flood Zones must include information about alternative sites that have been considered in order to support a sequential test for the proposed development. In certain circumstances in Zones 2 and 3 an Exception Test may be required which balances wider sustainability issues with flood risk.

The level of detail provided within a FRA will depend upon the scale of the development and the flood risks posed. The Environment Agency's Flood Risk Matrix gives Standing Advice on the scope and extent of Flood Risk Assessments.

Preparation of the FRA assessment must also take into account the Council's Strategic Flood Risk Assessment (2011) and the Technical Guidance to the National Planning Policy Framework (March 2012). http://www.environment-agency.gov.uk/

All planning applications for built development shall include drainage details (including Flood Risk Assessments when applicable) to include calculations and invert levels (to AOD) of both the existing and proposed drainage system included with the submission, to enable the assessment of the impact of flows on the catchment and downstream watercourse to be made. Existing and proposed surfacing shall be specified. You should refer to section 4.1.c 'General Surface Water Drainage Guidance' of the Strategic Flood Risk Assessment for further advice.

For larger developments (40+ dwellings or 3000 sq.m new floorspace) an application should indicate how the development connects to existing utility infrastructure systems. Most new development requires connection to existing utility services, including foul sewerage, electricity and gas supplies, telecommunications and water supply, and also needs connection to foul water drainage and disposal.

The applicant should demonstrate :-

a) that, following consultation with the service provider, the availability of utility services has been examined and that the proposals would not result in undue stress on the delivery of those services to the wider community;

b) that proposals incorporate any utility company requirements for substations, telecommunications equipment or similar structures;

c) where the development impinges on existing infrastructure the provisions for relocating or protecting that infrastructure have been agreed with the service provider.

A Heritage Statement will need to accompany an application if it affects a Listed Building, Conservation Area, Area of Archaeological Importance, Historic Park or Garden, Registered Battlefield, Scheduled Monument or where a building is included on any future published Local Heritage List for York.

Where the site is located within, or within the setting of, a Conservation Area it is expected that a statement will be submitted with any application about how the development relates to the Conservation Area, having regard to any Conservation Area Appraisal Document that may have been prepared by the Council.

Details of the Council's Conservation Areas and Appraisal Documents are found on the website.

Where a proposed development introduces a vulnerable end use (i.e. residential housing or a school) and/or the development site could be affected by a former potentially contaminative land use (i.e. an old factory or refuse tip), the possibility of land contamination should always be considered and an appropriate contamination assessment must be submitted with the planning application.

As a minimum a contamination assessment must include a Phase 1 investigation, which consists of a desk study, a site walkover survey and a conceptual site model. However, if the proposed development is for an individual residential property (i.e. one house in a garden) on a site with no past industrial use, then the Screening Assessment Form can be submitted as a basic contamination assessment. If contamination is known or suspected to an extent which may adversely affect the development, a Phase 2 investigation (site investigation and risk assessment) and possibly a Phase 3 report (remediation strategy) may be required to support the application.

Please note that development will not be permitted where a contamination assessment does not fully assess the possible contamination risks. If the contamination assessment is acceptable and actual/potential contaminant linkages have been identified, then appropriate planning conditions will be imposed to ensure that the site is made safe and suitable for its proposed use.

Further information and advice can be found in the Yorkshire and Humberside Pollution Advisory Council's Guidance

For new developments that are on or adjacent to land which is known or suspected to be unstable, a report by an appropriately qualified engineer shall be submitted giving details of how land conditions are to be dealt with during the course of the development. Where the reports show that there is potential for instability details of arrangements for monitoring of ground water shall be submitted together with details of any necessary remediation details to prevent future landslips.

All non-householder applications falling within a Coal Mining Referral Area (as defined by the Coal Authority and held by the Local Planning Authority) must be accompanied by a Coal Mining Risk Assessment prepared by a suitably qualified and competent person. The risk assessment should contain :

• Site specific coal mining information - including past/present/future underground mining, shallow coal workings, mine entries (shafts or adits), mine gas and any recorded surface hazards.
• Assessment of risks - identify what risks (including cumulative effects) this information pose to the proposed development.
• Mitigation measures - identify how coal mining issues have influenced the proposed development (including any changes that have been incorporated into the development) and whether any other mitigation measures are required to manage those issues.

Any development that involves intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or mine entries will require the prior written permission of the Coal Authority.

If the application involves significant new lighting, in terms of floodlighting, or lighting to car parks, open land or intrinsically dark landscapes then a lighting assessment prepared by a suitably qualified lighting engineer will be required to demonstrate that lighting levels are mitigated and appropriate to their location. Further advice on this can be found in "Lighting in the Countryside :Towards Good Practice" (1997) and in the Institution of Lighting Engineers (ILE) "Guidance Notes for the Reduction of Obtrusive Light".

Applications for developments that raise issues of noise disturbance or are considered to be a noise sensitive development adjacent to commercial and industrial uses, a railway line, aerodrome, heliport or a busy road should be supported by a Noise Impact Assessment prepared by a suitably qualified acoustician.

The assessment will be expected to be prepared in accordance with BS8233:1999 'Sound Insulation and Noise Reduction for Buildings' and BS4142:1997 'Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas.'

Application proposals that raise specific issues regarding vibration should be supported by a Vibration Impact Assessment prepared by a suitably qualified acoustician. Further guidance is available in BS6472: 1992, which deals with human response to vibration in buildings; BS5228: Part IV 1992, which deals with construction vibration; and BS7385: Part 2 1993 which deals with buildings.

For development on public or private open space or recreation areas, applications should be accompanied by plans showing existing or proposed open space within or adjoining the application site. Applicants would need to demonstrate as part of the assessment that the land or buildings are surplus to requirements. It is also expected that with certain residential schemes, new open space will either be provided on site or a commuted sum paid towards up-grading existing facilities or making new provision on a different site. Information on open space requirements in respect of residential schemes can be found on the Council's website.

Planning Obligations or "Section 106 Agreements" are agreements negotiated between Local Planning Authorities and persons with an interest in a piece of land. Agreements are usually required in connection with major or complex schemes and with certain minor developments.

All applications for new buildings will require a statement to demonstrate how the development accords with the requirements of policy GP4a of the Development Control Local Plan and the Interim Policy Statement on Sustainable Design and Construction.

Where a new agricultural dwelling is proposed a statement of the need for the new dwelling unit shall be provided. The statement will need to demonstrate that the nature and demands of the work concerned make it essential for one or more people engaged in the enterprise to live at or very close to, the site of their work.

Whilst PPS7

'Sustainable Development in Rural Areas' no longer forms part of national planning policy it is considered that a statement which follows the guidance contained within Annex A 'Agricultural, Forestry and Other Occupational Dwellings' of the document would satisfy the validation requirement.

Structural surveys will be required in cases where it needs to be demonstrated that either a building is capable of being retained and converted (for example in Green Belt locations), or that a building is incapable of retention and needs to be removed (for example where a building is considered to make a positive contribution to the character and appearance of a conservation area, or where the building is in a conservation area and no replacement building is proposed).

This would apply to all retail, leisure and office development outside of the city or defined district centres. The threshold for such an assessment is 2,500 square metres gross floorspace as set out in the NPPF. They may also be required for smaller developments if they would be likely to significantly affect other centres. Evidence should be supplied to show that there are no sequentially preferable sites. Further advice is set out in paragraphs 23-27 of the NPPF.

Where developments are likely to generate significant additional traffic or journeys to work a Travel Plan will be required.

Where any proposals involving development within two metres of the canopy spread of a tree; or where there are trees within the application site.

The Tree Survey should be carried out in accordance with BS5837:2012 'Trees in Relation to Design, Demolition and Construction - Recommendations.'

Details of the position and design of ventilation and extraction equipment including odour abatement techniques and acoustic noise characteristics will be required to accompany applications for restaurants and cafés, pubs, wine bars, other drinking establishments and hot food takeaways.

Advice on suitable ventilation and extraction equipment can be obtained from the Public Protection Unit.

All applications for new buildings and changes of use should provide details of how refuse will be dealt with, including provision of bin stores and recycling arrangements.