Introduction

In order for the council to deal properly and efficiently with the Mineral Development application it receives it is essential that the correct information is submitted from the outset.

This guidance note sets out what “minimum” requirements applicants need to submit to enable the proper validation and determination of applications.  This will ensure that applications are “fit for purpose” and minimise the need for the submission of information at a later stage.

Pre-application advice

The council encourages applicants and their agents to have pre-application discussions regarding their development proposals.  This is particularly relevant for larger and more complex or controversial proposals and should help applicants identify the information that needs to be submitted with their application. Further information on the provision of pre-application advice can be found here.

Essential Information

The following forms, plans and information are compulsory and must be submitted with all applications.

·        The appropriate form completed (one with an original signature).  Mineral Development application forms are available in the Documents section here.

·        The correct fee.  Cheques should be made payable to Bath & N E Somerset Council.

·        Completed Certificate of ownership and a copy of relevant notices.

·        CIL Form - Applications approved after 6th April 2015 may be subject to a Community Infrastructure Levy (CIL).  Please submit a fully completed CIL Additional Information Requirement Form with your planning application if the proposal creates floorspace through a new building or conversion/change of use.  Advice on completing the CIL form is here.  Further information can be also found on our CIL Guide for Applicants and Developers web page.

·        Location plan (2 copies) at A4 size. Extra copies may be requested for certain applications.

The location plan should be at scale 1:1250 based on a metric, up to date OS map.  Indicate north point and give a drawing reference number.  Outline the application site in red and any adjoining land owned by the applicant in blue.  Show the application site in relation to all adjoining property and immediate surrounding areas, enabling the site to be identified, from, for example, adjoining roads. Please refer to the Planning Portal Guidance on Site Location Plans. Site location plans can be purchased from the Planning Portal website.

·        Other plans and drawings: All plans should be accurate and legible and preferably be on an Ordnance Survey base, clearly titled, given a unique reference number, and dated. A minimum of 2 copies of the application is required to enable full publicity and consultation to be commenced at the outset. Additional copies may be requested, the actual number should be discussed with the planning authority prior to submission. 

The following plans should be attached to applications for mineral operations. It is however open to applicants to submit additional or alternative information on plans to a suitable scale if it is felt that this will assist in explaining the proposals.  

Site Plan(s): At not less than 1:2500 scale a plan showing the following information: 

(a) the land to which the application relates, edged red. Please note that the access route between the site and the public highway, any landscaping works, amenity bunds, etc should be included within the site edged red;

(b) any adjoining land under the applicant's ownership or control, to be shown edged in blue;

(c) the position of existing buildings, underground services, overhead lines, roads, public rights of way on or adjacent to the site;

(d) the position of any watercourses, culverts, drainage ditches or ponds within or bounding the site - showing, where appropriate, the direction of flow;

(e) existing contours at appropriate intervals or spot heights sufficient to give a clear indication of the surface ground form of the site and its immediate surroundings. 

Detailed Plan(s): Should include the following information: 

(a) proposals for screening and landscaping the operations, including details of screening bunds (if temporary, include date of removal) and any advance tree planting;

(b) the location of plant, buildings, offices, weighbridge, wheel cleaners, internal haul roads etc;

(c) the method, direction and phasing of landfilling/working and restoration (note: the estimate duration of each phase should be given);

(d) the position of any diverted watercourses, lagoons, leachate collection systems, sources of water supply, and means of drainage; and the position of any water discharges going to existing watercourses;

(e) full details of the vehicular access route(s) from the site to the public highway. The detailed design of the access junction with the public highway should be submitted on a separate plan at a scale of 1: 1 00. This should show the width of the road, its means of construction, the turning radii and sight lines;

(f) details of proposed measures to divert, remove or avoid overhead lines and other services, or to stop up, remove or divert public rights of way, including footpaths and bridleways;  

Restoration Plan: Showing how the site will be restored, and including the following information:  

(a) proposed final contours (with typical gradients indicated).

(b) the position of any permanent water features, together with estimated depths of water and details of treatment to the water margins;

(c) proposals for drainage of the land, including the position of field drains, ditches, watercourses and permanent discharge points to surrounding watercourses;

(d) the position of trees, shrubs and hedges to be retained following the completion of operations, and details of trees etc to be planted.  

Cross-sections: These should be representative sections showing existing and final restoration surface levels. 

Buildings, plant and structures: Unless there are special factors preventing their submission, detailed plans of all fixed plant, buildings and structures should be submitted at the same time as the remainder of the application. Plans for these should normally be at a scale of 1: 100 and include ground plans, elevations and the type and colour of external materials to be used. Weighbridges and fixed wheel cleaning equipment should be included.

·        Environmental statement: If your proposal is likely to have significant effects on the environment it will need to be the subject of a formal assessment of those effects under the The Town and Country Planning (Environmental Impact Assessment) Regulations 2011.  Further guidance, including indicative criteria and thresholds for proposals requiring environmental assessment are contained within Circular 2/99 entitled “Environmental Impact Assessment” and “Environmental Impact Assessment: A Guide to Procedures” DETR, Nov 2000.  You are entitled to receive a formal screening opinion as to whether an Environmental Impact Assessment would be required.

Supplementary information/Supporting documents:

In addition to the above, the list below sets out further information and assessments that should be submitted with applications.  As requirements will vary from case to case you are advised to contact us at an early stage if you are unsure about what information you will need to submit.

Four copies of all documents should be submitted, although more copies may be requested where a significant amount of consultation is to be carried out.

1.         Supporting Planning Statement

A statement required for all applications demonstrating how the proposed development accords with policies in the Development Plan and other relevant documents.  It should also include details of any consultation with planning officers or other council staff and wider community/statutory consultees undertaken prior to submission.

Further information:

National Planning Policy Framework (external link)

2.         Design and Access Statement

Required for all applications except those which are for engineering or mining operations or involve a material change in the use of land or buildings.

The design and access statement should explain the design principle and concepts that have been applied to the development and how issues relating to access to the development have been dealt with, further guidance can be found here.

Further information -

The Town and Country Planning (Development Management Procedure) Order 2015.

Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006.  Statutory Instrument No 1062.

National Planning Policy Framework (external link)

Circular 01/2006 Guidance on changes to the development control system.

(See http://www.communities.gov.uk/ for above documents)

Publication by the Commission for Architecture and the Built Environment (CABE) – Design and Access Statements – How to write, read and use them, 2006. (see http://www.cabe.org.uk/)

3.         Transport Assessment

            A Transport Assessment will be required for all major developments (see definition at end of this document).  Information should include all existing and proposed vehicular and pedestrian movements to and from the site.  Loading areas and arrangements for manoeuvring, servicing and parking of vehicles should also be clearly identified.  The assessment should describe and analyse existing transport conditions, explain how the development would affect those conditions and measures proposed to overcome any problems.  A sustainable approach to transport should be explored for all proposals and consideration given to using alternative modes of transport where appropriate.

            For smaller developments where staff numbers are not so significant a Transport and Parking Appraisal (TAPA) will be required.  Applicants should submit details of employee numbers, an assessment of accessibility by non-car modes and an estimate of both vehicle and cycle parking spaces.

Further information

National Planning Policy Framework (external link)

4.         Draft Travel Plans

            Draft Travel Plans should outline the way in which transport implications of the development are going to be managed in order to ensure the minimum environmental, social and economic impacts.           

Further information

Using the planning process to secure Travel Plans - Best Practice Guide ODPM and DfT, 2002.

5.         Legal Agreement

            Where relevant, the draft heads of terms for a Section 106 agreement or unilateral undertaking should be provided with the submission of the planning application.  Applicants should specify the council's requirements as established in any pre-application discussions.

Further information

National Planning Policy Framework (external link)

6.         Flood Risk Assessment/Drainage Strategy

            A Flood Risk Assessment will be required if the site lies in the flood plain or flood zone (unless the Environment Agency has agreed otherwise - correspondence should be submitted) – maps available from the Environment Agency.

Further information

National Planning Policy Framework (external link)

7.         Land contamination survey

            A desktop survey to establish the extent of contamination and proposed remedial works will be required in support of all planning applications involving sites which have previously been used for industrial purposes, landfill or other potentially contaminating uses.  Where contamination is known to exist more detailed investigation will be required.

Further information

National Planning Policy Framework (external link)

8.                  Sustainability Appraisal

Sustainability should be taken into account in all development proposals.  A sustainability statement should accompany all applications for major* development (see definition).  This should outline the elements of the scheme that address sustainable development issues, including positive environmental, social and economic implications.  Examples include using locally sourced or recycled building materials, renewable energy measures, sustainable drainage systems, sustainable waste management etc.

Further information

National Planning Policy Framework (external link)

9.                  Tree Survey/Arboricultural statement

Where development involves works that affect any trees or hedgerows within the application site, the species, spread, roots and position of trees should be illustrated accurately on the site plan.  This must indicate any trees which are to be felled or are affected by the proposed development.  The location of any trees within adjacent properties that may also be affected by the application should be shown.  A statement of measures to protect retained trees during works should be submitted.

Further information

BS5837; 1991 “A Guide for Trees in relation to construction”.

10.       Listed Buildings/Conservation Areas

            Proposals affecting listed buildings and conservation areas will require early consultation with conservation and planning officers at the council as well as liaison with officers at the relevant District Council (who are responsible for processing listed building consent and demolition in conservation area applications).  Proposals must have regard to the special character and setting of listed buildings and must comply with advice set out in Planning Policy Guidance Note 15.

Further information

Planning Policy Guidance 15 – Planning and the historic environment. (See http://www.communities.gov.uk/archived/publications/planningandbuilding/ppg15)

Conservation Officers at Bath & N E Somerset Council.

11.       Archaeological Assessment

Applicants submitting proposals which affect ancient monuments or sites of archaeological importance will be required to undertake an archaeological assessment as part of the application.  The level of assessment required will depend on the archaeological sensitivity of the site. 

Further information

Planning Policy Guidance 16 : Archaeology and Planning  (See http://www.communities.gov.uk/archived/publications/planningandbuilding/ppg16)

Royal Commission on the Historic Monuments of England.

12.       Nature Conservation/ecological assessment

A wildlife habitat survey will be required where a proposal affects a site which is known to have, or is suspected to have, any species protected under the Wildlife and Countryside Act 1981, Conservation (Natural Habitats etc) Regulations 1994 or Protection of Badgers Act, 1992.  This will include badgers, bats, certain reptiles and breeding birds.  Should habitats or species of significance be identified, further assessment will be required to determine the impact of the development on the wildlife and proposed mitigation to minimise the impact.  Applications for the development in the countryside which affect sensitive areas which must be accompanied by ecological assessments and include proposals for long-term maintenance and management.

Further information

National Planning Policy Framework (external link)

English Nature

13.       Noise Assessment

            A Noise Impact Assessment should be submitted with all applications for potentially noise producing developments and uses.  This should be prepared by a suitably qualified acoustician and should include information on existing and proposed noise levels and should recommend a scheme of measures to mitigate noise impact.

Further information

National Planning Policy Framework (external link)

Environmental Health Officers: Bath & N E Somerset Council.

14.       Air quality Assessment

Proposals that impact on air quality or are potential pollutants should be supported by an air quality assessment indicating the change in air quality resulting from the proposed development and outlining appropriate mitigation measures.

Further information

National Planning Policy Framework (external link)

15.       Landscape and Visual Assessment

Landscape and visual assessments are to be undertaken and submitted for all applications where there is a potential adverse impact from the visual effects from the proposed development.

Further information

The Countryside Agency: Landscape Character Assessment Guidance for England and Scotland.

The Landscape Institute and Institute of Environmental Management and Assessment: Guidance for Landscape and Visual Impact Assessment.

16.       Rights of Way

            Proposals which affect a right of way (eg public footpath or bridleway) within or adjacent to the site should indicate this on the submitted plans and include a statement outlining the details, including, where appropriate, the steps to be taken to comply with any legal requirement to stop up or divert the right of way.

Definition of major applications, (based on Town and Country Planning [General Development Procedure] [Amendment] [England] Order 2006) development involving:

  • the winning and working of minerals or the use of land for mineral-working deposits
  • waste development (ie operational development designed to be used wholly or mainly for the purpose of, or material change of use to treating, storing, processing or disposing of refuse or waste materials)
  • the provision of a building or buildings where the floorspace to be created by the development is 1,000 sq metres or more or,
  • development carried out on a site having an area of 1 hectare or more.

Contacts

Further information and advice is available from Planning Services who may be contacted on 01225 394041.

NOTE: Information provided on the application form and accompanying drawings and documents will be made available on the internet.

Last updated: 20 January 2016

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