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DECISION TAKER: Cabinet Member for Place and Local Plan, Councillor Jackie Porter REPORT Title: LOCAL VALIDATION LIST 6 MARCH 2023 Contact Officer: Lorna Hutchings Tel No: 01962 848290 Email lhutchings@winchester.gov.uk WARD(S): all wards (excluding those in the south downs national park authority)

PURPOSE Since 2008 Local Planning Authorities have been required to publish a list of information they require to “validate” the planning applications they receive. The validation list comprises two components, firstly the national requirements, including the planning application form, the required fee, ownership certificates and design and access statement in certain circumstances, and secondly, a specific local validation requirement known as the “Local List” which enables Local Planning Authorities to require further specific detailed information relevant to the local context, constraints and Local Plan policy. This report explains how the Local Validation List has been updated, the consultation exercise and the outcome. The new local validation list is set out in Appendix One. Once agreed the new Local List will replace the current Local List and will form the basis on which planning applications are considered valid by the City Council. This will ensure that planning applications are accompanied by the correct supporting information so that the Planning team, consultees and interested parties (including Ward Members and the public) have appropriate information on which to comment and make recommendations on planning applications. The ‘Local Validation List’ comprises the list of requirements in alphabetical order at Appendix One and a ‘quick check’ tool of the requirements by application type, at Appendix Two. It will be published as a webpage with a series of accordion drop down sections grouping the requirements by topic and alternatively by application type. Appendix Three is an example sheet of planning drawing which will also be published to the local validation list webpage.

RECOMMENDATIONS: 1. To agree the local validation list and requirements for adoption with immediate effect, as set out in Appendices 1, 2 and 3.

IMPLICATIONS:

COUNCIL PLAN OUTCOME

Since 2008 Local Planning Authorities have been required to publish a list of information they require to “validate” the planning applications they receive. Validation is a statutory process formally confirming when an application is considered to have met the statutory or local requirements in order that it may be advertised and assessed by the Local Planning Authority. Linking the right validation requirements to different types of applications delivers the policies of the adopted Local Plan through the implementation of development.

The requirements of many different types of development from commercial to residential, small and large scale, are covered by the Local Validation List. It is comprehensive in this respect and therefore the outcomes Living Well, Vibrant Local Economy, Creating a Greener District, Homes for All are delivered by ensuring that planning applications are accompanied by the correct supporting information so that the Planning team, consultees and interested parties (including Ward Members and the public) have appropriate information on which to comment and make recommendations on planning applications.

A key part of the development process is to seek early and open engagement with developers and guide the content and shape of their application and so a key aim for this new Local Validation List is to assist in the end to end delivery of the Local Plan and High Quality development. Wide ranging consultation has been undertaken asking for feedback on the requirements of the list along with its design, format and appearance.

FINANCIAL IMPLICATIONS

Consultation and implementation of the local validation list will be resourced by existing staff in the Planning and Communications Team.

LEGAL AND PROCUREMENT IMPLICATIONS

The local validation checklist should be reviewed and published bi-annually as required under The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) Part 3, Article 11 (3) (d). By adopting this updated Local Validation List the council will meet its statutory legal obligations.

CONSULTATION AND COMMUNICATION

The proposed Local List was open to public consultation using citizen space for an eight week period running from 1 July 2022 to 30 August 2022. It was circulated directly to a comprehensive list of external planning professionals (planning agents) and others who regularly engage with the council on planning matters. Consultation was also undertaken with internal and external consultees and stakeholders for review and comment.

A notice was posted on the council website and notification was circulated to all Ward Councillors as well as Parish and Town Councils via Parish Connect. An agent’s forum was called on 21st July 2022 and this was tabled as an agenda item for discussion at the start of the eight week consultation period.

After the consultation period finished, officers carefully considered all comments received and when appropriate the local validation list has been updated to reflect comments received. 9 responses were received from local planning agents and Statutory and other amenity groups, including Sports England, Historic England, The City of Winchester Trust (CWT), Winchester Action on Climate Change (WinACC), HCC Flood and Water Management, HCC Countryside Service, The Alresford Society and the Environment Agency.

ENVIRONMENTAL CONSIDERATIONS

Topics covered are wide ranging and cover the requirements for planning applications to be submitted to include detailed assessments and strategies dealing with local housing need, the economy and environmental considerations including the climate emergency, council’s wider objective of a carbon neutral district by 2030 and improve the quality of planning applications submissions to ensure environmental considerations have been taken into account in the submission of the planning application and when planning decisions are being taken.

Consultation responses received have resulted in a number of changes and updates to the Local Validation list.

Additional guidance has been added to improve the submission and quality of visual representations of the proposals to further understanding of development appearance and ensure quality detailing in implementation. Work separate to this list continues in the Heritage Team to provide improved guidance on Heritage Statements in response to a local architects suggestions. Historic England note the requirement to provide a Heritage Statement and have provide suggestions on links to add to improve availability of guidance.

At the suggestion of HCC Countryside service, additional wording has been added regarding Rights of Way to be shown on Location Plans and in Transport Assessments. Internal training is ongoing regarding quality of plans, and consultations are undertaken with the rights of way team through the application assessment.

At the suggestion of the Environment Agency, additional text has been added regarding the need for a foul drainage assessment if non mains foul drainage is proposed.

The Alresford Society request that there is a broader understanding of the requirements in the community because a Neighbourhood Plan is currently being drafted. This falls outside the scope of the local validation list but has been forwarded to the Strategic Planning team to note as part of the local plan and neighbourhood plan process.

The consultation also asked for suggestions and feedback on the format of the ‘list’ online and responses to this have been taken on board in considering the format of web publication which is set out below in Section 9.

Suggestion was made by WinACC, CWT and other interested third parties to consolidate the requirements under the topics of climate change and sustainability and also in respect of the Planning Statement, the Design and Access Statement and Contextual Analysis. These areas have all been re-organised to improve clarity and avoid duplication. Suggested example of council websites were reviewed. Work continues to be review and evolve Local Validation requirements in line with the emerging Local Plan. The quality of drawings is a concern of CWT and it is anticipated that the provision of the new example plan drawing and guidance text will improve the quality of submissions.

HCC Flood and Water Management suggested additional links and advice added regarding Strategic Flood Assessment and including basic drainage advice for Householder applications so that measures are in place to manage water.

In addition to the national validation requirements set out within the Government’s Planning Practice Guidance, Sport England recommends that planning applications affecting playing field land should provide sport specific information in line with their checklist. This has now been included.

PUBLIC SECTOR EQUALITY DUTY

The format is designed to ensure that it will be more customer focussed making it easier to read and follow the requirements, and with more information available, to assist customers who are not used to submitting planning applications. The local list will also be accompanied by a visual drawing illustrating what acceptable drawings look like, as this is often something our customers struggle to understand.

There are generally more requirements however this reflects the change in both national and local planning policies to have appropriate information up-front which will improve the outcome of the application, and the development in terms of its impact on local communities and the environment, and improve communication about a development through its inception and design process for consultees and the local communities.

An Equalities Impact Assessment has been completed and has not identified negative impacts from the implementation of the Local Validation List. It is intended that the updates will improve the ability of all customers to engage with the planning service resulting in a smooth submission process.

Due regard should be given to the Equality Act 2010: Public Sector Equality Duty. Public bodies need to consciously think about the three aims of the Equality Duty as part of the process of decision-making. The weight given to the Equality Duty, compared to the other factors, will depend on how much that function affects discrimination, equality of opportunity and good relations and the extent of any disadvantage that needs to be addressed. The Local Planning Authority has given due regard to this duty and the considerations do not outweigh any matters in the exercise of our duty.

RISK MANAGEMENT

The adoption of this updated local list will ensure that planning applications and therefore planning decisions are legally robust with a broader scope of documents supporting the application submission.

Risk	Mitigation	Opportunities
Financial Exposure	None	None
Exposure to challenge	If an application is invalidated due to a local requirement, it can be challenged through appeal for non-determination. Risk is limited where justified through impact and harm and an up-to-date list. An approved application can be challenged if the national requirements have not been met which are listed on the validation list comprehensively intended to reduce any omissions.	N/A
Innovation	N/A	Will ensure submission of all required local list requirements. Will improve accessibility to access a complex service.
Reputation	Ensure a pragmatic flexible approach and not a tick box list of documents	End to End customer focused service improvement.
Achievement of outcome	Legally compliant local validation list.	N/A
Property	N/A	N/A
Community Support	N/A	N/A
Timescales	N/A	N/A
Project capacity	N/A	N/A
Other	N/A	N/A

OTHER KEY ISSUES

Since 2008 Local Planning Authorities have been required to publish a list of information they require to “validate” the planning applications they receive. This validation list forms two components, the national requirements, including the application form, the fee, certificates etc. and secondly, specific local validation requirements known as the “Local List”. The council’s Local List is in need of updating as it was last published in April 2014.

There continues to be a significant number of changes nationally to planning legislation and guidance. Importantly the Council has declared a Climate Emergency and have updated the Councils Plan.

It is considered timely to review the current validation requirements and align these with the currently policy position both nationally and locally. It also has the advantage of getting ready for the transition between current policy and emerging policy following the Regulation 19 consultation of the Local Plan due August 2023.

The key core changes that were proposed in order to update the local validation are:

Amendments to all sections and its format to make the requirements clearer for different application types.

Updating the references to current national legislation, guidance and standing advice.

Updating all website references where necessary.

Revision requirements to demonstrate compliance with policies of Winchester District Local Plan Parts one and two and looking ahead to new Local Plan requirement.

For the purposes of the Local List, the definition of Major Development is as set out in the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended). Town and Country Planning Act 1990 (legislation.gov.uk)

Ensure a flexible, pragmatic and proportionate approach to the validation of planning applications by :

The particulars or evidence that are required to be included in the different types of application.

The type and level of information required is reasonable in respect of the nature and scale of the proposed development.

The information required will be necessary to address a matter which is reasonably required to consider as a material planning consideration in the assessment and determination of the application.

SUPPORTING INFORMATION:

8.1	See Appendix One for a complete list of validation document requirements in alphabetical order. This was the document consulted on and will be formatted as a website page.

8.2	Appendix Two is a quick check tool presented as an easy cross reference to be used by those submitting an application and those assessing if an application is valid. It will be attached as a document to the website but the main web pages will be set out in the accordian style format of the council website to enable a search by application type or document type. The list of Application Types is at the end of Appendix One.

8.3	Officers will be pro active in promoting validation requirements to improve quality of applications and the environment through an end to end service facilitated at pre-application stage.

OTHER OPTIONS CONSIDERED AND REJECTED

It is a national requirement to have a local validation list. Therefore not to adopt is not an option.

Consideration was given to the format of the local validation list with a format chosen as outlined above as the one proposed meets best practice and the most user friendly.

BACKGROUND DOCUMENTS:-

Previous Cabinet/Committee Reports or Cabinet Member Decisions:-

None.

Other Background Documents:-

None.

APPENDICES:

Appendix 1	Details of Requirements for Local Validation List in Alphabetical Order

Appendix 2	Quick check tool - Summary of requirements

Appendix 3	Example Drawing Ilustration

Appendix 4	Equality Impact Assessment