Pre-Application Discussions

Pre-application discussions (also known as pre-application advice) on planning applications are widely recognised as being of benefit to both prospective applicants and the local planning authority in ensuring a consistent and mutual understanding of the objectives of the development and the constraints at the proposed developments location.

Background

Adopting a positive attitude towards early discussion enables future applications to be dealt with effectivly and in a speedy manner.  High quality decisions can then be made that are supported by both national policy (Planning Policy Statement 1), Commission Architecture Built Environment etc. and locally with the Solihull Council’s Statement of Community Involvement.

We are now introducing a new service to enable the provision of a consistent and fair method of pre-application discussion for householder (extensions, loft conversions, garages etc.), minor and major planning proposals.

The new service has been developed so that the council can demonstrate: -

• The importance placed on such discussions by the council
• Our commitment to service levels that can be expected.

Before Seeking Pre-Application Advice

Before seeking pre-application advice from the Council it is worth visiting on the following pages: -

• Planning Applications - Do I need planning permission?
• What policies may be applicable to a proposed development.

Householder Development – e.g. extensions to dwelling houses.

You can find out if you need to apply for planning permission by visiting the Planning Portal’s Interactive House Guide.  The guide explains what can be built as ‘Permitted Development’.  Some properties in Solihull have had the permitted development rights removed by the council and we recommend that you check to see if your home is affected by telephoning the Council’s Contact Centre on 0121 704 8008.

The Planning Portals Interactive House also provides guidance on when you need to make a building regulations application for your extension.

If planning permission is required then our Suplementary Planning Document on House Extension Guidelines provides advice on what form of extensions are likely to be acceptable.

Other Types of Development

For other types of development you are advised to visit both the Planning Portal and our local policies pages for further information, in particular: -

• National planning policy and guidance from the Planning Portal
• Local Policies Local Development Framework and Unitary Development Plan 2006

A checklist of what needs to be submitted with a planning application has been developed by the Council.

 Indepth information on the pr-application protocol can be found in our Planning Pre-Application Advice - Protocol document.

What will be provided?

It is anticipated that the advice will include: -

• Details of policies relevant to the proposal
• The effect of relevant planning history
• The constraints and/or assets of the site for example, flood risk or an area or building designated as of historic importance
• Guidance on aspects of the proposals that are likely to impact upon the determination of an application, including recommendations, where possible, on improvements
• Comments on the preparation, content and presentation of an application
• Potential mitigation measures that could be incorporated into a scheme
• Advice on groups or organisations you may wish to consult with as part of any recommended wider pre-application consultation
• Any further additional information that will be required in a formal planning application to facilitate its decision
• A guide to the timescales within which a planning application will be determined

What will not be provided?

An undertaking cannot be given that a particular proposal will be granted planning permission.  This is because pre-application advice is given in advance of formal consultations etc and is an officer opinion only and so cannot constitute a formal response or decision of the Council. Whilst members of the Planning Committee will be expected to determine applications on planning grounds, they are not obliged to adopt or follow the advice given to them by their professional officers.

Any views or opinions expressed are given in good faith, based on existing planning policies and standards, without prejudice to the formal consideration of any future planning application which will be the subject of public consultation and may ultimately decided by the Council’s Planning Committee.

It should be noted that the formal consultation process may identify issues relevant to the determination of the application that were not apparent at the pre-application stage.  In addition there may be circumstances (e.g. the publication of new national policy) between the Council giving pre-application advice and the submission of a subsequent application that impacts upon the advice given.

On complex issues be prepared to seek private professional help - our service is not intended to be an alternative to employing professional consultants.

What is required?

We aim to give a high standard and consistent level of advice and therefore, there must be a minimum level of information that we require from you. This level of detail will depend on the type and size of the proposed development.

A request for pre-application advice should be made on the relevant request form: -

• Householder pre-application discussion request form
• Non-Householder pre-application discussion request form

As a minimum the following should be provided: -

• Location plan (1:1250).
• Layout plan (1:500).
• A full description of your proposal.
• Details of the site or building as it exists, this could include a plan showing the existing site area, existing buildings and features such as watercourses, site levels and the location and canopy spread of trees.  If all known constraints and opportunities are not identified early, then this could impact upon the determination of any subsequent application.
• Drawings or illustrations that help to describe the proposal, including its size & layout; and relationship to nearby buildings.

The more information you can give us, the more accurate and helpful our response can be - vague proposals may only receive vague advice.

The key to the success of this service will be providing adequate information in advance.  In relation to some complex proposals this could include the early provision of advanced drafts of technical assessments (e.g. retail impact assessments).

What will the consist of?

All pre-application advice will be given in writing and there is also an opportunity to meet with relevant council officers to discuss the proposals first.

• Acknowledge receipt of the enquiry and allocate a named case officer of a seniority proportionate to the scale & nature of the development proposed within 5 working days.
• If insufficient information has been provided, notify you within 5 workings days with the option to provide more detail; continue with the request but acknowledging that the advice will not be as full or accurate as it would otherwise be; or withdraw the request for pre-application advice.
• If a meeting is requested, contact you within 5 working days to confirm which council officers ought to attend and seek to make arrangements for the meeting.  Attendance of other council officers will be at the discretion of the case officer.  For particularly significant proposals a ‘development team’ of appropriate officers will be called together.
• If no meeting has been requested, to provide you with written advice within 15 working days of receiving your request.
• If a meeting has been requested, to provide you with written advice within 10 working days of the meeting or within an alternative timescale as may be agreed at the meeting.
• Written advice will be reviewed prior to despatch a senior officer or team leader.

Whilst the Council will endeavour to meet these timescales there may be occasions when circumstances prevent this.  If this should occur we will seek to update you with a revised target to provide the advice.

The operation of a ‘development team’ approach, giving you access to an integrated Planning Service at pre-application stage, joins together and underpins the complementary roles of a number of professionals involved in Development Management.  This can include planning officers, urban designers, transportation planners/engineers and building control officers to support you in delivering high quality, sustainable development.

Building Control’s in-depth expertise on structure, noise, fire, low carbon energy solutions and sustainability means you get consistent, coherent feedback and Building Regulations advice, early in the design process; that can help ensure that design outcomes considered at pre-application stage are compatible and mutually reinforcing throughout the whole process.

Will a site visit be required?

Usually it is beneficial that a planning officer and/or other council officer visits the site, usually unaccompanied, prior to giving advice.  This enables the development to be seen in its context and allows some opportunity for the presence of features on the site to be noted.  This is not intended to be a substitution for any required surveys (e.g. for protected species or arborcultural assessments) and cannot achieve the same level of detail.  Nevertheless they are a very useful mechanism to identify potential issues and enable a more accurate & consistent level of service to be given.

However it is recognised that there may be some circumstances when a site visit may not be appropriate.  For instance as a prospective purchaser you may not yet have secured a suitable agreement with the vendor and do not wish to highlight your interest

What will be covered with you at the pre-application meeting?

For significant or complex proposals it is often useful to have an opportunity to explain the proposals to officers, and to then discuss them.  At such meetings it is important that officers will have had an opportunity to review the submitted information and to familiarize themselves with the proposals and the likely issues.  This will give an opportunity to explore the issues in more detail.  To ensure that this is productive as possible meetings will generally not be held less than 10 working days from receiving the request.

Where appropriate external consultees may be encouraged to attend, but this cannot be guaranteed.

Charges

In order that the Council can provide a service that is consistent and to a high standard, the discretionary powers in the Local Government Act 2003 will be used to recover some of the costs incurred before an application is submitted.  The Council believe that this cost should be recovered directly and not fall as a general cost to the council tax payer.

Charges will not be made in response to requests for advice about whether or not planning permission is required, or for enquiries concerning how a particularly policy may be applied in a general sense in isolation of a site or scheme.

No charge will be made in relation to pre-application advice being sought regarding the following types of development: -

• Householder developments (i.e. extensions to individual dwelling houses).
• Commercial developments of less than 50m2.
• Developments which would not require a planning application fee (e.g. those requiring Listed Building Consent only).
• Developments involving the Council as a potential applicant (either solely or jointly) or as in development partner (e.g. where a development agreement is in place or is at an advanced stage)

Charges would be applicable to all other developments and a simple fee structure will be used to reflect the likely time input and number of staff involved.  The three broad categories of development are as follows: -

• Minor (1-9 Dwellings or 50-1000sqm commercial where this has been identified, otherwise this relates to site areas < 0.5ha (residential) or < 1 ha (non-residential) and will include changes of use).
• Major (10-29 Dwellings or 1000-3000sqm commercial)
• Strategic (30 plus dwellings or 3000sqm plus commercial where this has been identified, otherwise this relates to site areas > 1.5ha (residential) or > 3 ha (non-residential))

The charges that will be applied are as follows: -

	Minor developments	Major developments	Strategic developments
Written advice only	£150	£400	£1,000
Meeting and written advice	£250	£600	£1,500
Site visit	£100	£200	£400

All the above costs are subject to VAT at the prevailing rate and will be required in advance.

One short follow up clarification/confirmation query on the advice will be accommodated, otherwise a reduction of 25% will be made against a request for further advice concerning the same site (i.e. in relation to an amended or revised proposal) if the request is on behalf of the same potential application and is made within 12 months of the date of the initial advice.

Confidentiality

As a matter of course, requests for pre-application advice will not automatically be treated on a confidential basis.  Whilst the Council will not seek to publicise requests for pre-application advice, there may be occasions when this information is shared with others (which could include councillors and/or third parties). 

The Freedom of Information Act 2000 requires us to make certain documents available to members of the public, if requested.  Pre-application advice may only be treated as confidential if there are clear demonstrable issues of commercial sensitivity or other significant reasons why this information may not be disclosed and a public interest test may be applied.  Any enquiry in this category should be clearly marked as confidential giving reasons.  If a planning application is made as a result of pre-application advice, all documentation may be publicly available, as they will form background papers to the application.