Planning News Update

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Last revised: 29 February 2008

Important Changes to Planning Applications

Significant changes to planning applications take effect from August 10th 2006. The Government have introduced new regulations that mean that most new planning applications received on or after August 10th will need to be accompanied by a Design and Access Statement.

These changes apply to all planning applications except those that are for a change of use only or are for householder developments outside of conservation areas and the area of outstanding natural beauty.

The design and access statement should cover both the design principles and concepts that have been applied to the proposed development and how issues relating to access to the development have been dealt with. Also changing on August 10th are the regulations concerning outline planning applications. More information will now be required as a minimum before an application can be lodged.

This information must now include:

  • details of the approximate location of buildings, routes and open spaces;

  • the upper and lower limit for the height, width and length of each building included in the development;

  • the area or areas where access points to the development will be situated.

Detailed guidance on these changes, including what should be included within a Design and access statement is set out in Department for Communities and Local Government (DCLG) Circular 01/2006 'Guidance on Changes to the Development Control System. This can be viewed on the DCLG web site at www.communities.gov.uk/index.asp?id=1500620 (External link) A brief note on the changes prepared by Kennet officers is attached to this statement.

Changes to the Development Control System taking effect on planning applications submitted
on or after August 10th 2006


The definition of reserved matters is changed. In place of the current:

  • Siting;

  • design;

  • external appearance;

  • means of access;

  • and landscaping.

We will have:

  • access;

  • appearance;

  • landscaping;

  • layout

  • scale

These new terms are all defined so that::
Access = accessibility to and within the site for vehicles; cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network;
Appearance = aspects of the building or place within the development which determine the visual impression of the building or place, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture.
Landscaping = very wide definition including virtually any hard or soft landscaping feature;
Layout = the way in which the buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development
Scale = the height, width and length of each building proposed within the development in relation to its surroundings

When submitting an outline application where all matters are reserved for subsequent approval, the applicant must provide as a minimum:

  • Layout – must state the approximate location of buildings, routes and open spaces included in the development;

  • Scale – must state the upper and lower limit for the height, width and length of each building included in the development;

  • Access – must state the area or areas where access points to the development will be situated

The requirement for Design and Access Statements is introduced

This applies to all applications for planning permission except:

  • Engineering or mining operations;

  • Changes of use;

  • Householder development outside of any conservation area; Area of Outstanding Natural Beauty (AONB) and World Heritage Site (latter does not impinge on us as Avebury WHS is all within the AONB).

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Any application falling within this requirement must be accompanied by a design and access statement. The statement must include:

  • An explanation of the design principles and concepts that have been applied to the following aspects of the development;

  • Amount (number of units or for non residential development, proposed floorspace)

  • Layout;

  • Scale;

  • Landscaping;

  • Appearance

  1. Demonstration of the steps taken to appraise the context of the development (physical/social/economic/policy) and how the design of the development takes that context into account in relation to its proposed use and each of the aspects above;

  2. Explain the policy adopted as to access and how policies relating to access in relevant local development documents have been taken into account;

  3. State what 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;

  4. Explain:

  • how any specific issues which might affect access to the development have been addressed;

  • how prospective users will gain access to the development from the existing transport network;

  • why the main points of access to the site and the layout of access routes within it have been chosen;

  • how features which ensure access to the development will be maintained.

These statements must be included in the Planning Register (Therefore will be scanned onto the Council’s web site)

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In relation to all applications for Listed Building Consent a design and access statement will be required setting out the design principles and concepts that have been applied to the works and (except for works to the interior of the building), how issues relating to access to the building have been dealt with.
The statement must explain:

  • the design principles and concepts that have been applied to the scale; layout and appearance of the listed building; and

  • how these principles and concepts take account of :

  1. the special architectural or historic importance of the building;

  2. the particular physical features of the building that justify its designation as a listed building; and

  3. the building’s setting;

  • the policy adopted as to access, including what alternative means of access have been considered, and how policies relating to access in relevant local development documents have been taken into account;

  • how the policy relating to access takes account of

  1. the special architectural or historic importance of the building;

  2. the particular physical features of the building that justify its designation as a listed building; and

  3. the building’s setting:

  • What, if any, consultation has been undertaken and what account has been taken of the outcome of any such consultation;

  • How any specific issues which might affect access to the building have been addressed;

  • How features which ensure access to the building will be maintained

Appearance is defined as the aspects of a building which determine the visual impression it makes, including the external built form of the building, its architecture, materials, decoration, lighting, colour and texture

Layout is defined as the way in which a building is situated and orientated in relation to other buildings, routes and spaces.

Important Note

This is a summary of the legislation prepared for Kennet planning officers. The full text of the requirements can be found in the relevant Statutory Instrument. This note is intended as helpful guidance to those considering submitting an application and is not intended as the definitive interpretation of the Regulations. Mike Wilmott Head of Development Control & Conservation, Kennet DC