Making sure your Planning Application is Valid

Air Quality Assessment (AQA)

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

When it's required

• Proposals that are likely to generate highlevels of air pollution, such as significant industrial developments
• Significant proposals that are located in any Air Quality Management Area (AQMA)
• Proposals would result in a significant increasein traffic passing through any AQMA
• Development that may result in the exceedance of air quality standards within currently undesignated areas

What you need to include

An Air Quality Assessment is required.

Why it's required

There are separate reasons this is required for applications in Maidstone and Swale.

Swale

Swale - Air Quality and Planning Technical Guidance Information statement/standard. Section 6.2 (Air Quality Standards) set out the 14 applications which do not require an Air Quality Statement.

Maidstone

Clean Air for Maidstone

Initial contaminated land desktop study/ Contaminated Land Investigation

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

When it's required

Either:

• When previous uses on or adjoining the site could have given rise to contamination such as landfill sites, former industrial and commercial processes, petrol filling stations, institutional uses, storage of chemicals (including on farms)
• When an initial desktop and walkover study suggests that contaminants may be present

What you need to include

An initial desktop and walkover study is needed to assess if previous uses on or adjoining the site could have caused contamination.

A full Contaminated Land Investigation is needed when the initial desktop and walkover study suggests that contaminants may be present.

Why it's required

Applications may also need to be accompanied by a land contamination assessment, which should include an extended assessment of contamination in line with Section 15 of the National Planning Policy Framework (2023) and at: http://planningguidance.planningportal.gov.uk

Sufficient information should be submitted to determine the existence or otherwise of contamination, its nature and risks posed and if these can be reduced to an acceptable level. Where contamination is known or suspected or the proposed end users would be particularly vulnerable, information should be submitted to determine whether the proposed development can proceed. Where remediation measures are proposed they should take account of the presence of any trees.

Noise Impact Assessment

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

When it's required

• Proposals that generate high levels of noise such as noisy sports; commercial, industrial or manufacturing/warehousing developments using noisy machinery or vehicles, refrigeration plant and equipment or
• New housing or other noise sensitive uses adjacent to sources of noise, including roads, railways and noisy commercial uses

What you need to include

Noise assessment prepared by a suitably qualified person.

Why it's required

To reduce disturbance by noise to the occupants of nearby existing buildings, and for developments that are considered to be noise sensitive and which are close to existing sources of noise.

Further guidance is provided in Section 15 of the National Planning Policy Framework (2023) at http://planningguidance.planningportal.gov.uk

Draft Planning Obligation/ S106 Agreement

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

When it's required

Where a Planning Obligation/S106 Agreement is likely to be required.

What you need to include

There are separate requirements for Maidstone and Swale councils.

Maidstone

A template S106, for Maidstone Borough Council, can be found at : https://maidstone.gov.uk/home/primary-services/planning-andbuilding/planning/section-106s It is suggested to submit as a minimum draft heads of term.

Swale

Draft Heads of Terms.

Why it's required

Planning obligations (or "Section 106 Agreements") are private agreements negotiated between local planning authorities and persons with an interest in a piece of land (or "developers") and are intended to make acceptable development which would otherwise be unacceptable in planning terms.

Where there are planning policies that give details of likely planning obligation requirements, a draft Section 106 Agreement should be submitted. Further advice is available at https://www.gov.uk/guidance/planning-obligations

Renewable Energy Assessment

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

When it's required

Applications for new development involving the erection or conversion of a building.

What you need to include

There are separate requirements for Maidstone and Swale councils.

Maidstone

Where appropriate for new development involving the erection or conversion of a building a Renewable Energy Assessment should:

• Demonstrate 10% on-site renewable or low carbon production
• Assess the technical feasibility of renewable energy technologies

(The assessment may wish to Calculate the carbon dioxide saving as a percentage of site predicted carbon dioxide emissions and the predicted carbon dioxide emissions per annum to show the 10% has been achieved).

Swale

An Energy Assessment, setting how proposals will meet requirements of policy DM19 and Planning and Planning Policy - Guidance on Climate Change planning condition (swale.gov.uk)

Why it's required

There are separate reasons this is required, depending on whether you're submitting your application for Maidstone or Swale borough councils.

Maidstone

To promote the use of energy efficiency measures, such as passive solar design, and/or renewable energy technologies, such as solar water heating, photovoltaics, wind power, biomass heating and ground source heating/cooling.

Policy LPRQD1: Sustainable design sets out that all development will be expected to incorporate 10% on-site renewable or low carbon production where appropriate.

Swale

To ensure development is compliant with policy DM19 of the adopted Local Plan and the Planning and Planning Policy - Guidance on Climate Change planning condition document

Retail and Town Centre Uses Impact Assessment

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

When it's required

There are separate conditions for applications in Maidstone and Swale.

Maidstone

• Proposals over 2,500sqm within the Maidstone Urban Area
• Proposals over 400sqm outside the Maidstone Urban Area

Swale

Proposals over 500sqm outside of a town centre as defined on the Local Plan Proposals Map.

What you need to include

Retail Impact Assessment, including sequential test.

Why it's required

There are separate reasons this is required, depending on whether you're submitting your application for Maidstone or Swale borough councils.

Maidstone

Section 7 of the National Planning Policy Framework 2023 set out that Local Planning Authorities should ensure the vitality of town centres. For town centre use developments, which are retail, leisure and office uses, outside of town centres and not in accordance with up-to-date local plan Local Planning Authorities should require an impact assessment is carried out if the development is over a proportionate, locally set floorspace threshold or in the absence of such a threshold, 2,500sqm.

Maidstone Borough Council Local Plan Review Policy LPRCD1, provides locally set thresholds where an assessment is required for proposals over 2,500sqm within the Maidstone Urban Area and proposals over 400sqm outside the Maidstone Urban Area.

Further guidance is provided in Section 7 of the National Planning Policy Framework (2023) and at http://planningguidance.planningportal.gov.uk

Swale

In accordance with the NPPF the Council has set a local threshold of 500sqm.

Further guidance is set out in Swale Borough Council’s Retail Impact Assessment for proposals over 500sqm

Structural Survey or Statement

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

When it's required

• Conversions of buildings in the countryside where applicant is relying on the building being structurally sound
• Proposed works to a listed building that involve demolition or affect the structural integrity of the building (this includes works to remove, or reinforce elements of an existing listed building)

What you need to include

The report should be prepared by a Chartered Structural Engineer with expertise in the type of work involved and should, amongst other things, justify the extent and nature of any proposed structural work and/or the need for demolition.

Why it's required

A structural survey will be required in support of an application if the proposal involves substantial demolition, reconstruction, or alteration of an existing building. It will also be required in order to demonstrate that certain types of building (for example traditional farm buildings, listed buildings etc) are structurally sound and capable of being developed without the need for substantial demolition and/or reconstruction.

Transport Assessment/ Draft Travel Plan

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

When it's required

Residential developments of 40 dwellings or more or

Developments (including non-residential) with a gross floor space of 2,500sqm or more

If the Transport Assessment recommends a draft travel plan as mitigation, one should also be submitted.

What you need to include

Transport Assessment.

Why it's required

Section 9 of the National Planning Policy Framework 2023 advises that a Transport Assessment (TA) should be submitted as part of any planning application where the proposed development generates significant amounts of transport movement. The coverage and detail of the TA should reflect the scale of the development and the extent of the transport implications of the proposal. For smaller schemes the TA should simply outline the transport aspects of the application, while for major proposals, the TA should illustrate accessibility to the site by all modes of transport, and the likely modal split of journeys to and from the site. It should also give details of proposed measures to improve access by public transport, walking and cycling, to reduce the need for parking associated with the proposal, and to mitigate transport impacts.

Further guidance will be found in Guidance on Transport Assessment, (March 2007) published by the Department for Transport. Also refer to National Planning Practice Guidance or at http://planningguidance.planningportal.gov.uk

Transport Statement/ Draft Travel Plan

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

When it's required

• Residential developments of 10-39 dwellings or
• Development (including non-residential) with a gross floor space of 1,000sqm – 2,499sqm
• Site has an area of 0.25 hectare or more and the development proposed will have limited transport issues arising
• If the Transport Statement recommends a draft travel plan as mitigation, one should also be submitted.

What you need to include

Transport statement.

Why it's required

Annex 2 in the Glossary section of the December 2023 NPPF advises that Transport Statements are a simplified version of a transport assessment and are used when it is agreed the transport issues arising from development proposals are limited and a full transport assessment is not required.

The NPPG in paragraph 4, https://www.gov.uk/guidance/travel-plans-transport-assessmentsand-statements advises that Transport Statements are a lighter-touch evaluation to be used where this would be more proportionate to the potential impact of the development (i.e. in the case of development with anticipated limited transport impacts).

Ventilation and Extraction Details

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

When it's required

• All applications for hot-food takeaways, bars/pubs, restaurant uses or laundrettes
• Significant retail, business, industrial, leisure or other developments where substantial ventilation or extraction equipment is proposed.

What you need to include

Details of the position and design of ventilation and extraction equipment, including odour abatement techniques and acoustic noise characteristics

Why it's required

To demonstrate that proposals would respect amenities of occupiers of neighbouring properties and uses to ensure that a proposal would not result in excessive noise, vibration or odour and that any methods of ventilation and extraction would not be visually harmful. In accordance with local and national policies.

Minerals Assessment

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

When it's required

• If the site is located within a Minerals Safeguarding Area unless it is an exempt development as detailed in ‘Kent Minerals and Waste Local Plan 2013 – 2030 (KMWLP) Policy DM7(6)’
• Exempt development is householder applications, infill development of a minor nature in existing built-up areas, advertisement applications, reserved matters applications, minor extensions and changes of use of buildings, minor works, non-material amendments to current planning permissions. NB Minor development is as defined in the Town and Country Planning (Development Management Procedure) (England) Order 2015

KCC Minerals and Waste Policy DM7(6)

What you need to include

Mineral Assessment.

Why it's required

To protect future resources by safeguarding mineral bearing land as detailed in The Kent Minerals and Waste Plan and the Kent Minerals and Waste Safeguarding Supplementary Planning Document (SPD) Supplementary Planning Document - Minerals and Waste Safeguarding (Kent.Gov.uk)

As such, proposals should have due regard to the plan and where necessary produce a mineral assessment.

Public Art Guidance

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

When it's required

• Residential developments of net increase of 50 dwellings or more
• For commercial developments a net increase of 2,000sqm or more floor area

What you need to include

A public art plan should be submitted to the local planning authority for approval as part of the planning application and should include details of why and how artists have and will contribute to a specific development site; the costs of public art projects; the maintenance of public art projects; and the timescale and trigger points for the delivery of public art projects.

Why it's required

Maidstone Borough Council has produced a Public Art Guidance which is intended for applicants, agents and planning officers to assist with the commissioning of public art. This has a borough wide remit and is a material planning consideration in planning decisions.

Thresholds have been set to which public art will be expected on site and these can be found at: Maidstone - Public Art Guidance

Active Transport Statement

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)
• Non-residential development of floorspace of 1,000sqm or more
• Non-residential development on sites of 1 ha or more
• Change of use of 1,000sqm or more.

What you need to include

The extent of information necessary should be proportionate to the proposal, further details on the Active Travel England Toolkit can be found at Active Travel England: planning application assessment toolkit This should be used to inform the extent of information submitted.

Why it's required

Re-iterating the NPPF’s priority to promote sustainable transport choices, the Local Plan Review, encourages a shift towards sustainable travel through prioritising active travel by ensuring good provision and connectivity of walking and cycling routes.

Active Travel England is responsible for making walking, wheeling and cycling, the preferred choice for everyone to get around. their objective is for 50% of trips in England’s towns and cities to be walked, wheeled or cycled by 2030. They are a statutory consultee on schemes for over 150 dwellings, creation of 7,500sqm of floorspace or above or sites with an area of more than 5 hectares.

Statement of Social Value

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

When it's required

• 20 or more residential units
• Commercial floorspace of over 500sqm.

It is in policy LPRSP11(B). Ringlestone and Parkwood referred to thresholds are 20 residential units and commercial floorspace of over 500sqm - in para 7.49.

What you need to include

Major proposals should provide a statement which addresses how the proposal may seek to improve social value, by means such as using local labour, providing apprenticeships/training etc.

Why it's required

Key Priorities in the Local Plan Review are the:

• Renewal of Maidstone urban area with particular focus on Maidstone the town centre and areas of social and environmental deprivation.
• Redressing the low wage economy by expanding the employment skills base to target employment opportunities

Policy LPRSP2 sets out that proposals supporting development that improves the health, social, environmental and employment well-being of those living in identified areas of deprivation and Policy LPRSP11(B) sets out that applications will be accompanied by supporting statements which evidences how the scheme has provided employment opportunities for all the Borough’s residents.

There may be particular circumstances whereby there is a need for an emphasis on those residents living in Ringlestone and Parkwood so as to make a specific contribution to inclusive growth.

Viability appraisal

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

When it's required

Where viability is being used as a justification to depart from planning policy.

What you need to include

Viability assessment produced by a competent assessor. In most circumstances this will need to be independently assessed at the cost to the applicant.

Why it's required

Examples where a viability assessment would be required:

• When not providing affordable housing in-line with the NPPF, NPPG and Local Plan
• Change of use of community facilities where policy seeks retention
• Change of use of rural buildings to justify not providing commercial re-use
• Where employment policy restricts the change of use.