Bath & North East Somerset Council - Development Team

Development Team

An Integrated Approach to Dealing with Development Proposals
Background and Principles

Planning is about delivering what people want – jobs, houses, better transport, lively town and city centres and the protection of our built heritage and countryside. To deliver these objectives in the most sustainable way planning has to be positive and pro-active and that includes working with the private sector at the early stages of the process.

The Council has set up a ‘Development Team’ to help achieve this. The team is made up of officers from all service areas of the Council and will assess and give written advice on enquiries which could lead to major or complex planning or listed building applications.

Pre-application discussions are considered vital and are encouraged whenever possible

Development Team meetings are held regularly and are co-ordinated by the Senior Professional - Major Developments, who will ensure that the Team gives a corporate, consistent and comprehensive feedback, quickly and effectively. This should assist developers in submitting an application in the most appropriate form and as a result delays in determining applications should be reduced.

The following matters may need to be considered (although this is not an exhaustive list):

i)             whether the proposed development is likely to be acceptable in policy terms;

ii)            whether there would be an impact on the amenity of adjoining occupiers;

iii)           the impact on any Listed Building and Conservation Area;

iv)           the design of the proposal and any sustainability issues arising;

v)            the servicing, access and parking arrangements; and

vi)           the necessity or otherwise for a Planning Obligation (preferably a Unilateral Undertaking rather than a S106 Agreement) to accompany the application.

 

The Development Team is the key vehicle to be used in carrying out the Model Delivery Contract arrangements (please see link to separate advice on this on the right). This process seeks to establish a productive dialogue between the Council and a developer, including the agreement of a programme for both pre-application discussions and also the determination of any subsequent planning application.

In order for the Development Team to work effectively there needs to be a mutual understanding between the Council and developer with regard to the availability of time and other resources and the quality of information submitted.

The Council’s Commitment

If the information submitted is of appropriate quality, the Development Team will normally respond to an enquiry within 35 days of receipt of the full package of appropriate payment (see below), plan(s) and supporting documentation. If this is not possible, a clear timetable will be provided. We aim to provide a written response no later than 14 days following the date of the Development Team's meeting.

On receipt of an acceptable submission the Council is committed to providing a comprehensive and consistent response:

  • Indicating the problem areas with any proposal which need to be addressed prior to the submission of a planning application.
  • Identifying subject areas where further information may be required, such as Environmental Statements, Transportation Assessments, Ecological Surveys etc.
  • Detailing any corporate requirements such as the provision of transportation measures, affordable housing, and community facilities, for example.
  • Providing a clear indication of why a proposal might be unacceptable, particularly in relation to current local and national planning policies.

The response letter from the Development Team is intended as the first stage of a dialogue between the Council and a developer that should take place before a planning application is made. Once the comments and any requests for further information made by the Development Team have been taken into account and acted upon, a developer and their agent(s) can then have meetings directly with key members of the Development Team in order to discuss their proposals ‘around the table’. Development Team members will not be available for discussions in advance of the Team's consideration of a scheme.

Types of Proposals and Time Available

Proposals fall into many categories and it is often difficult to define which ones are ‘major’ or ‘significant’. A relatively small proposal in the context of area or floorspace for example can be extremely complex and raise many different issues. It is therefore difficult to put proposals into neat categories.

It is vital that officer time dedicated to this pre-application work is carefully managed in order to maximise the efficiency and effectiveness of the process, and to allow as to manage our resources. Late submissions (i.e. less than 21 days in advance of the agreed Development Team meeting) are likely to lead to delays.

Once the Development Team response has been issued, it will be possible to agree a programme for further discussions as part of the Model Delivery Contract arrangements. This will depend on the complexity of the issues involved as well as the quality of the information submitted.

The time available will also be affected by the current workload at the time.

Your Commitment - Information Needed for the Development Team Service

In order to produce the most useful and comprehensive Development Team response it is essential that the submission includes an appropriate level of information.  The requirements are deliberately not too prescriptive, in that depending upon the type of proposal, requests for advice can be accepted at an earlier stage in the evolution of a scheme.

When you contact us, we will agree a provisional timetable with you. Your proposals will be allocated to a scheduled Development Team meeting, and you will then be required to provide all the necessary information and documents no later than 21 days prior to the meeting date.

The following is a broad guideline for the type of information that should be submitted as part of a detailed proposal (requests for advice can be accepted with less detail, but the advice will inevitably be less comprehensive as a result):

  • A clearly marked location plan at 1:1250 or 1:2500 scale based on an extract from the Ordnance Survey.
  • An existing site plan illustrating the siting of any existing buildings and trees (including canopy spreads) both on the site and on adjoining land.
  • Supporting plans (to scale), sketches and / or drawings which clearly indicate the nature and scale of the development envisaged. The more information that can be provided at this stage, the more complete the response will be.
  • Supporting documentation as necessary to fully explain the nature and context of the development. Examples of this are: overall supporting statement / report; design justification statement; justification for the parking ratio being applied (such as location of supporting services and bus stops); tree report etc.
  • Appropriate payment (see below).

An important issue to bear in mind when putting together your submission is that developers and their agents do not attend meetings of the Development Team when proposals are considered for the first time. Therefore, developers should aim to make their submissions self-explanatory, and on initial inspection by the Senior Professional - Major Developments it may be necessary in some cases for additional information or clarification to be requested before the Development Team process can be initiated.

Remember, the more information you are able to provide us with at the pre-application stage, the greater the assistance we can give you.

The required number of copies of submissions will depend on the complexity of the proposal and the number of issues raised, as each member of the Development Team involved in assessing a proposal will be provided with a copy of the submission. However, a minimum of six copies of all plans and supporting information will be needed in order to enable swift and comprehensive circulation to members of the Development Team, plus six sets of documents in PDF format on CD disc. You may be asked to break large electronic documents into more manageable sections.

A fee is charged for the Development Team service. Details of the fee in a particular case can be calculated using the guidelines below, or by contacting us.

Negotiations following the submission of a planning application

A primary objective of providing pre-application advice is to try to overcome any potential reasons for refusing permission.

If an application is submitted without any pre-application discussions, and there are difficulties that are unlikely to be capable of resolution within the statutory time period, then negotiations will not normally be entered into. The decision is likely to be an early refusal.

Our aim is to ensure that you are in a strong position to address all the apparent planning considerations, including the need for any financial contributions or community benefits, prior to the submission of an application.

Where pre-application advice from the Council has identified issues which a developer is unable or unwilling to resolve before the submission of an application, or if an application needs to be amended in the light of unforeseen new information or third party representations arising during the consideration of an application, the Council will need to make a careful judgement whether to continue to negotiate or to determine the application as it stands. Under these circumstances officers will normally only attempt to negotiate amendments to an application where this can be achieved within the statutory time period for determining the application (unless there are very good reasons why a longer period should be given).

How to Contact Us

Please call Council Connect on 01225 394041 or email development_control@bathnes.gov.uk

Prior to making a submission to the Development Team, you are advised to contact the Senior Professional - Major Developments, who will be able to advise you on issues such as timescales and the number of copies required. An initial meeting with the Senior Professional - Major Developments in order to explain the proposal, confirm the issues that are likely to be raised, and to agree the format of the submission, would also be useful in making the Development Team process run more smoothly.

Charges for the Development Team Service
Planning Development Team - Charges effective from 22nd June 2009
  • In each new case where documents are first received on or after 22nd June 2009, a  Development Team Charge is payable, made up of an Administration Fee and a Case Fee (either Pre-Application or Strategic) as set out below:

Administration Fee:  £350.00 +VAT

Case Fee (Pre-Application):  £150.00 or 20% of statutory application fee (whichever is the greater) +VAT

Case Fee (Strategic) (e.g. Master Plan):  £1650.00 +VAT 

  • Where follow-up consideration is necessary in respect of essentially the same scheme, no additional Administration Fee will be charged, but a Development Team Charge is payable for each meeting, calculated as follows:

Follow-ups with Development Team (regarding the same scheme):  £400.00 or 80% of original Development Team Charge paid (whichever is the greater) +VAT                   

Follow-ups with case officer only (regarding the same scheme):   At the discretion of the Planning Service, an appropriate case can be transferred to the standard Pre-Application charge regime (details available on request), which involves charges being levied on an hourly basis.

 
  • The appropriate Development Team Charge is payable in advance and is non-negotiable and non-refundable.  Queries about the charge in a particular case should be addressed to:
  • Senior Professional – Major Developments at email development_control@bathnes.gov.uk
  • Multiple proposals for alternative development schemes on the same site will each be subject to the standard Development Team Charge as set out in this document.
  • The appropriate Development Team Charge is payable by all prospective developers, including other Service Areas within Bath and North East Somerset Council.
  • The Development Team Charge does not in any circumstances constitute a deposit towards a subsequent statutory application fee.

Where a prospective developer seeks follow-up advice about a significantly amended scheme, this will be treated as a new case for the purposes of calculating the Development Team Charge.

 

 

Contact Details for this page:
Team:
Planning Services
Address:

PO Box 5006

Bath

BA1 1JG

Phone:
01225 394041
Fax:
01225 394199
Minicom:
NA
Author:
Planning Services
 
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