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Making sure your Planning Application is Valid

Local requirements

Filter validation checklist items
A1

Complete application form

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

Most planning applications will require a completed application form

What you need to include

The application form and associated certificates, and/or declarations of service must be fully signed and dated. Please include the name or initial followed by the surname.

We require that the full name and address of the applicant (and agent if appropriate) to be provided when completing the application form.

Why it's required

To ensure robust and accurate information is contained within the completed application form

A2

Scale bar

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

All planning applications.

What you need to include

Plans required to be submitted as a National Requirement or Part A must be produced to a recognised scale with a scale bar included.

The weight given to any other plans submitted and wishing to be taken into consideration as part of the application may be less if they are not to scale and do not have a scale bar.

Why it's required

Plans need to be viewed digitally and the scale bar enables accurate measurements to be taken.

A3

Street scene elevations

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

New building(s) in built up areas where there is a “street scene”.

What you need to include

Scaled elevations are required to show at least the relationship between the proposed building(s) and those either side in terms of respective heights, distances and materials etc.

Why it's required

There will be a need to fully understand how the proposed building(s) will relate to the established ‘street scene’ which is a line of buildings fronting a highway in close proximity to each other.

A4

Heritage statement

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

If the proposal will affect a conservation area, a listed building or scheduled monument.

What you need to include

In all cases the level of detail provided should be proportionate to the importance of the heritage assets and the extent of the proposed development. It should be sufficient to adequately understand the potential impact of the proposal on the significance of the heritage assets and their settings. It will normally include reference to the statutory list description and the Kent County Council Historic Environment Record and details of the expertise and sources that have been consulted. The heritage statement as a minimum should include photographs and an impact assessment.

Why it's required

Applications affecting heritage assets, or their settings should be accompanied by an assessment of significance and impact in line with Section 16 of the National Planning Policy Framework (2023) (NPPF) and the National Planning Practice Guidance. The significance of the heritage assets and the extent of the impact of the proposals on the heritage assets and their settings should be assessed using appropriate expertise.

Heritage Assets are defined in the NPPF as "A building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. It includes designated heritage assets and assets identified by the local planning authority (including local listing).

Where an application site includes or has the potential to include heritage assets with archaeological interest, applicants should submit an appropriate desk-based Assessment. If a desk-based-research is insufficient to properly assess the interest, a field evaluation should also be submitted.

Further information is available on the Planning Portal and Historic England Advice

Photos and photomontages provide useful background information and can help to show how large developments can be satisfactorily integrated within the street scene. Photographs should be provided if the proposal involves the demolition of an existing building or development affecting a conservation area or a listed building.

A5

Site specific Flood Risk Assessment (FRA)

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

All development (including minor development and changes of use) proposed:

  • In flood zones 2, 3 or 3b
  • Within flood zone 1 with a site area of 1 hectare or more
  • In areas with critical drainage problems
  • Within flood zone 1 where the Local Planning Authority’s (LPA) strategic flood risk assessment (SFRA) shows it will be at increased risk of flooding during its lifetime

That increases the vulnerability classification and may be subject to sources of flooding other than rivers or sea.

What you need to include

  • Site-specific Flood Risk Assessment
  • A Sequential Assessment (to allow the LPA to do a sequential test) should be
    provided for relevant development (as defined in the NPPF and NPPG on flooding in Flood Zones 2 and 3)
  • If required, an Exception Test

Why it's required

The FRA should identify and assess the risks of all forms of flooding to and from the development and demonstrate how these flood risks will be managed, taking climate change into account. The FRA should identify opportunities to reduce the probability and consequences of flooding. The FRA should include the design of surface water management systems including Sustainable Drainage Systems (SUDs) and address the requirement for safe access to and from the development in areas at risk of flooding. The FRA should be prepared by an applicant in consultation with the LPA with reference to their published local development documents and any Strategic Flood Risk Assessment.

The FRA should include a Sequential Assessment, where required as set out in Section 14 of the NPPF and the NPPG (Flood risk and coastal change - GOV.UK (www.gov.uk)).

Section 14 of the National Planning Policy Framework 2023 and the National Planning Practice Guidance provides guidance for both local planning authorities and applicants in relation to the undertaking of FRAs and the responsibilities for controlling development where it may be directly affected by flooding or affect flooding elsewhere.

Please also refer to National Planning Practice Guidance on the Planning Portal.

A6

Ecological/Protected Species Survey

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

  • If the development is likely to affect statutorily protected species
  • Is in a site of Special Scientific Interest (SSSI) and within a 200m buffer
  • In a Special Protection Area (SPA)
  • In a Special Area of Conservation (SAC)

What you need to include

  • Information should be provided on possible impacts on statutorily protected species
  • Drawings should indicate any significant wildlife habitats or features and the location of habitats of any species protected under the Wildlife and Countryside Act 1981, The Conservation of Habitats and Species Regulations 2017 or the Protection of Badgers Act 1992
  • Assessments of impacts and proposals for long-term maintenance and management
  • if a Preliminary Ecological Appraisal identifies the need for additional surveys, that these surveys are carried out and provided with the application

Why it's required

Compliance with protected species legislation. Further information on development which may affect protected species can be found at:

Government planning policies for biodiversity are set out in Section 15 of the National Planning Policy Framework (2023) and National Planning Practice Guidance.

A7

Tree survey/arboricultural assessment

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

  • Tree/hedge removals or substantial pruning work (beyond that normally Arboricultural undertaken for general maintenance) has taken place or will be necessary to Assessment implement any aspect of the development and/or
  • The proposal has the potential to affect retained trees/hedges, includingtheir roots and/or
  • Construction activity will be within 30m of the stem of any tree within woodland designated as Semi Natural or Replanted Ancient Woodland or likely to be categorised as a veteran tree

Note: Outline applications are expected to include an Arboricultural Method Statement (AMS) and tree protection details only in relation to matters being considered.

What you need to include

Information will be required in accordance with the current edition of British Standard, BS5837 and include all existing trees on the site. This information should be prepared by an arboriculturalist using the methodology set out in the Standard and should consider all aspects of the development, including any activity that would result in level changes or excavations. In most cases a Tree Constraints Plan and an Arboricultural Implications Assessment (AIA) must be provided as a minimum, or a statement setting out why these details are not required. Where the AIA identifies potential conflicts with trees an Arboricultural Method Statement (AMS) with tree protection details must also be provided. The level of detail required should be consistent with the tree stock present and the type and scale of development.

Why it's required

To enable the council to make informed decisions in relation to tree and hedge works in accordance with the Town and Country Planning Act 1990 (section 211) as amended, Town and Country Planning (Tree Preservation) (England) Regulations 2012, and Hedgerow Regulations 1997. The NPPF (December 2023, paragraph 180b) refers to the importance of the proper consideration of trees and woodland and their contribution to the natural and local environment within planning policy and decision making.

A8

“Shadow” Habitats Regulations Assessment

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

All development which will result in a net increase in overnight population served by a wastewater system that falls within the catchment area of the river Stour (this includes developments proposing non-mains foul drainage

IMPORTANT NOTE: If your application falls outside the catchment area of the river Stour but would discharge into a Waste Water Treatment Works listed in the advice letter e.g. for Maidstone Applications - the Lenham Waste Water Treatment works, then there is a requirement to carry out a Shadow Habitats Regulations Assessment.

What you need to include

  • A “Shadow” Habitats Regulations Assessment including Natural England’s Nutrient Budget Calculator in Excel Format
  • The applicant will need to ensure that the mitigation measures are sufficient and effective and to allow the Local Planning Authority to adopt an Appropriate Assessment

Why it's required

Paragraph 43 of the NPPF confirms that “the right information is crucial to good decisionmaking, particularly where formal assessments are required (such as Environmental Impact Assessment, Habitats Regulations assessment and flood risk assessment). To avoid delays, applications should discuss what information is needed with the local planning authority and expert bodies as early as possible”.

If the development results “in a net increase in population served by a wastewater system” – see the Natural England advice letter (March 2022) on the Council website and falls within the catchment of the river Stour, then the applicant will be expected to show how they will achieve nutrient neutrality as part of their application.

Regulation 63(2) of The Conservation of Habitats and Species Regulations 2017 confirms that “a person applying for any such consent, permission or other authorisation must provide such information as the competent authority may reasonably require for the purposes of the assessment or to enable it to determine whether an appropriate assessment is required”. Regulation 63(3) also confirms that “the competent authority must for the purposes of the assessment consult the appropriate nature conservation body and have regard to any representations made by that body….”

A9

Affordable Housing Statement

This applies to planning applications submitted under Maidstone Borough Council only.

When it's required

Applications for housing or mixed-use development of 10 or more dwellings or has a site area of 0.5 hectares or more.

What you need to include

  • A typical Affordable Housing statement should include details of the following:
  • The total number of all residential units
  • The number of affordable units
  • Numbers of bedrooms and property types across all tenures to demonstrate representative mix of unit types and sizes
  • Drawings showing the location of units
  • The different levels or types of affordability or tenure proposed for different units- this should be clearly and fully explained in line with policy expectation
  • Design standards (ideally - Nationally Described Space Standards.gov.uk compliant) with full unit floor plans
  • Demonstration that the affordable units have car parking spaces in line with policy
  • The number and location of wheelchair accessible units (M4(3))

Why it's required

An Affordable Housing Statement should clearly set out how the application meets the affordable housing policy and SPD the Affordable and Local Needs Housing Supplementary Planning Document This statement should contain details of the size, tenure, type and location of the affordable units. Full details of the Council’s Affordable and Local Needs Housing (July 2020): Maidstone Council Affordable and Local Needs Housing July 2020.pdf

A10

Stationing mobile unit or chattel

This applies to planning applications submitted under Maidstone Borough Council only.

When it's required

Applications that will require full details of design where the mobile unit or other “feature” is intended on a semi-permanent basis e.g. static caravan or other structure intended to be stationed on the land on a semi-permanent basis and which may include operational works.

What you need to include

Design details of the caravan will be required to be submitted alongside details of layout and scale.

Why it's required

Where an application involves the change of use of land and it is proposed that a semipermanent structure will be placed on the land, for instance a static caravan (this section would not apply to touring caravans as they are not intended for use on a semi-permanent basis), then the design details of the caravan will be required to be submitted alongside details of layout and scale. Given that the design of the caravans is established in case law as being a proper matter for consideration in such applications – see Patricia Shave v Maidstone Borough Council 2020 EWHC 1895 (Admin), such details are required to enable an examination of their impacts.

A11

Community Infrastructure Levy (CIL) Form 1

This applies to planning applications submitted under Maidstone Borough Council only.

When it's required

Applications involving the construction of new buildings, extensions to existing buildings, or comprising a dwelling or dwellings (including conversions to residential). All applications for development that may potentially be CIL liable.

The Community Infrastructure Levy applies to development for 100sqm gross internal area of new floorspace and development involving the creation of a dwelling or dwellings.

What you need to include

Applicants must fully complete and submit the Additional CIL Information Requirements form, which is located at: CIL questions.pdf (planningportal.co.uk)

Existing and Proposed plans covering all accessible floors, levels of buildings and communal areas with clearly marked dimensions and correct scale bar must be submitted.

NOTE: Although not a validation requirement, it is also advisable to submit the ‘CIL Assumption of Liability’ Form 2’ and any claims for Exemptions/Relief at this stage to avoid delays later in the process.

Why it's required

The Community Infrastructure Levy Regulations 2010 (as amended) allows for a charge on all new development to help fund infrastructure projects to support the development in the local area. CIL is a non-negotiable financial levy and is calculated on the Gross Internal Area of development.

  • All approved development in Maidstone that results in the following may be CIL chargeable:
  • New build residential floorspace of more than 100sqm
  • The creation of a new dwelling if less than 100sqm (including retirement and extra care homes)
  • The conversion of a building to create a new residential dwelling (including through prior notification)
  • The creation of more than 100sqm of new build floor space for retail development

Maidstone has an adopted charging schedule which provides further details on the charging rates of the Community Infrastructure Levy in the borough and those developments that can be made exempt

Maidstone Community Infrastructure Levy - Charging Schedule

Note: Residential development, including extensions over 100sqm, annexes, self-build homes, social and charitable housing will also be CIL liable. However, a relief or exemption for these may be applied for which a separate approval must be granted by the Council.

Planning Portal - Community Infrastructure Levy

A12

Waste minimisation and recycling assessment report

This applies to planning applications submitted under Maidstone Borough Council only.

When it's required

  • Residential development of 10 or more dwellings
  • Residential development on a site area of 0.5 ha or more (if the number of dwellings is unknown)
  • Development of floorspace of 1,000sqm or more
  • Development on sites of 1 ha or more
  • Change of use of 1,000sqm or more
  • Larger Houses of Multiple Occupancy (HMO) over 6 persons

What you need to include

Proposals which meet the thresholds should therefore demonstrate with a proportionate report relevant to the scheme an assessment relating to waste minimisation and recycling.

Why it's required

Maidstone Borough Council has adopted The Kent Waste Disposal Strategy 2017-2035 and The Kent Mineral and Waste Local Plan 2013-2030. The ambition of the Kent Waste Disposal Strategy is to: “deliver a high quality household waste disposal service, whilst remaining cost-effective for the people of Kent, with an emphasis on waste reduction, reuse, recycling and achieving zero landfill”.

Policy DM1 of the adopted Local Plan and re-iterated in Policy LPRSP15 of the Local Plan Review require proposals to incorporate measures for the adequate storage of waste, including provision for increasing recyclable waste

A13

Biodiversity Net Gain (BNG) additional information new residential development must demonstrate delivery

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

Threshold to be in-line with the current up-to-date Government advice where a Biodiversity Gain Plan would be required or where exemption is being argued (excluding householder applications)

What you need to include

Where a Biodiversity Gain Plan would be required:

For proposals that include off-site or significant on-site BNG you should also provide your:

  • Draft Habitat Management and Monitoring Plan (HMMP) template
  • Drawings of any off-site BNG proposals

Where claiming an exemption:

  • Dated photos of the site from each boundary looking inwards
  • If claiming exception under Self and Custom Build Development, completed proforma for scheme that are self-build or custom housing (see A.15 Proforma for self- build or custom housing).

There are also specific requirements for Maidstone and Swale borough councils.

Maidstone
  • Residential must demonstrate delivery of a minimum of 20% Biodiversity Net gain. All other development 10%
Swale
  • Must demonstrate delivery of a minimum of 10% Biodiversity Net Gain
  • Statement of competency: for main metric this shall be produced by a suitably competent and qualified assessor (ideally a member of an appropriate recognised body)
  • Small sites metric

Why it's required

Biodiversity net gain is a way of creating and improving biodiversity by requiring development to have a positive impact (‘net gain’) on biodiversity.

In England, biodiversity net gain is required under a statutory framework introduced by Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021). This statutory framework is referred to as ‘biodiversity net gain’ in Planning Practice Guidance to distinguish it from other or more general biodiversity gains.

Under the statutory framework for biodiversity net gain, subject to some exceptions, every grant of planning permission is deemed to have been granted subject to the condition that the biodiversity gain objective is met (“the biodiversity gain condition”). This objective is for development to deliver at least a 10% increase in biodiversity value relative to the predevelopment biodiversity value of the onsite habitat. This increase can be achieved through onsite biodiversity gains, registered offsite biodiversity gains or statutory biodiversity credits.

In addition, to the minimum information requirements, it may be appropriate for local planning authorities to ask for further information in order to assist the consideration of biodiversity net gain as part of the determination of the planning application, where they believe this would be material to the consideration of the application. The amount of information on these matters will vary depending on the type and scale of development, type of planning application, the onsite habitat impacted, and the extent of any significant onsite enhancements.

There's also a specific rationale for Maidstone Borough Council.

Maidstone

The Maidstone Local Plan Review has taken the 10% requirement further for new residential development and require that such development deliver a minimum 20% biodiversity net gain, having regard to Biodiversity Opportunity and/or Nature recovery Networks. Biodiversity Net Gain should be calculated in accordance with the latest Natural England biodiversity metric or equivalent.

A14

Site Levels and Sections (Scale 1:50 or 1:100)

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

If the proposal will lead to a change in the level of the land or the proposed development is on land of different levels.

What you need to include

The site levels/section should show the existing and proposed levels of the site and where those levels differ from that of land and buildings immediately adjoining the site. These should include contour plans (at 0.25 intervals) and longitudinal plans.

Why it's required

To ensure that the development can be considered within the context of the topography of the site.

A15

Proforma for self- build or custom housing

This applies to planning applications submitted under Maidstone and Swale borough councils.

When it's required

If the proposal is being applied for under the definition of section 1(A1) of the Self-build and Custom Housebuilding Act 2015.

What you need to include

There are separate requirements for Maidstone and Swale councils.

Maidstone

Proforma for scheme that are self-build and custom housing

Swale

Proforma for scheme that are self-build and custom housing

Why it's required

To help ensure that proposals being applied for as self-build or custom housing meets the necessary definitions, for future self/custom build monitoring.

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