Validation Guide: A guide to submitting Planning Applications (National and Local Requirements)
7.0 Supporting Documents - National List Requirements
7.1 Design and Access Statement
7.1.1 A Design and Access Statement is required for the following types of applications:
- Listed Building Consent applications
- All major applications (both full and outline)
- Applications within a conservation area, where the new floor space would exceed 100m2
- Applications for one or more new residential dwelling within a conservation area
7.1.2 A Design and Access Statement (DAS) is a concise report which explains how the proposed development is a suitable response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users. Further information about what a Design and Access Statement is can be found on the Planning Portal or within the National Planning Practice Guidance
7.1.3 A Design and Access Statement should be proportionate to the proposed development and therefore the level of detail will depend on the nature of the scheme.
7.1.4 The following points provide an indication of what should be included within a DAS:
- Use – the purpose of the proposal
- Quality – what would be built on site and how it will provide for high quality design
- Layout – how the site would be laid out and how the buildings and spaces on the site would relate to the surrounding area
- Scale – size of the buildings and how they compare to nearby structures and space
- Landscaping – how open spaces would be used and how they would relate to the site
- Appearance – what the buildings and open spaces would look like, and what materials would be used
- Access (vehicular) – site access points, why they were chosen and how they relate to the local area
- Access (pedestrian) – how people would be able to access and use the building, how pedestrian routes would link up with existing footpaths/ connections
- Heritage Statement – assess the heritage significance, the impact and any relevant mitigation (only for Listed building Consent applications)
7.1.5 It is always good to use photos, drawings and maps to explain the proposal and connections.
7.2 Fire Safety Statement
7.2.1 A fire safety statement must be submitted with an application for development which involves:
- the provision of one or more relevant buildings, or
- development of an existing relevant building
- or development within the curtilage of a relevant building.
7.2.2 A relevant building is considered to:
- contain two or more dwellings or educational accommodation and
- meet the height condition of 18m or more in height, or 7 or more storeys
7.2.3 Further guidance on how building height is measured and how storeys are counted can be found in the National Planning Practice Guidance
7.2.4 There are the following exemptions:
- the application is for a material change of use of a relevant building and the material change of use would result in the building no longer being a relevant building
- the application is for a material change of use of land or buildings within the curtilage of a relevant building and the material change of use would not result in the provision of one or more relevant buildings
- the application is for outline planning permission (where layout/ scale are reserved matters)
- the application is for permission to develop land without compliance with conditions under section 73 of the Town and Country Planning Act 1990
7.2.5 A fire statement will support the consideration of information on fire safety matters as they relate to land use planning matters (such as site layout, water supplies for firefighting purposes and access for fire appliances). The statement should be concise, specific and relevant to the development. It should be proportionate to the scale, type and complexity of the proposal.
7.2.6 A fire statement must be submitted on a form published by the Secretary of State (or similar). This includes information about:
- the principles, concepts and approach relating to fire safety that have been applied to each building in the development
- the site layout
- emergency vehicle access and water supplies for firefighting purposes
- what, if any, consultation has been undertaken on issues relating to the fire safety of the development; and what account has been taken of this
- how any policies relating to fire safety have bee taken into account
7.2.7 Further information about Fire Safety Statements can be found on the Planning Portal and National Planning Practice Guidance
7.3 Biodiversity Net Gain
7.3.1 Biodiversity net gain is required under Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021). The objective is for development to deliver at least 10% increase in biodiversity value relative to the pre-development biodiversity value of the onsite habitat.
7.3.2 It is important to consider biodiversity net gain throughout the planning process and applicants are encouraged to consider biodiversity net gain early in the development process and factor it into site selection and design. This should form part of the discussions at the pre-application stage.
7.3.3 There are a number of exemptions from biodiversity net gain these are set out in paragraph 17 of Schedule 7A of the Town and Country Planning Act 1990 and the Biodiversity Gain Requirements (Exemptions) Regulations 2024
7.3.4 The biodiversity net gain condition does not apply to the following types of development:
- Householder development
- Development granted by development order under section 59 (this includes permitted development rights)
- Development subject to the de minimis exemption – does not impact a priority habitat and impacts less than 25 square metres of onsite habitat. Further information on de minimis exemption can be found in Paragraph 004 of the National Planning Practice Guidance
- Self-build and custom development – no more than 9 dwellings, site area of no larger than 0.5 hectares and consists of dwellings exclusively which are self-build or custom as defined in Section 1(A1) of the Self-build and Custom housebuilding Act 2015
- Urgent Crown development granted under section 293A of the Town and Country Planning Act
- Development of a biodiversity gain site
- Development related to the high speed railway transport network
7.3.5 The planning application form has been amended to include a section of Biodiversity net gain. Where an applicant considers a development to be exempt this section of the application form should be completed in full setting out the reasons why it is exempt.
7.3.6 Where an application is not exempt a biodiversity statement should be submitted. This should include the information set out in Article 7 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
7.3.7 It must include the following:
- confirmation that the applicant believes that planning permission, if granted, the development would be subject to the biodiversity gain condition;
- the pre-development biodiversity value(s), either on the date of application or earlier proposed date (as appropriate);
- where the applicant proposes to use an earlier date, this proposed earlier date and the reasons for proposing that date;
- the completed metric calculation tool showing the calculations of the pre-development biodiversity value of the onsite habitat on the date of application (or proposed earlier date) including the publication date of the biodiversity metric used to calculate that value;
- a statement whether activities have been carried out prior to the date of application (or earlier proposed date), that result in loss of onsite biodiversity value ('degradation'), and where they have:
- a statement to the effect that these activities have been carried out;
- the date immediately before these activities were carried out;
- the pre-development biodiversity value of the onsite habitat on this date;
- the completed metric calculation tool showing the calculations, and
- any available supporting evidence of this;
- a description of any irreplaceable habitat (as set out in column 1 of the Schedule to the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) on the land to which the application relates, that exists on the date of application, (or an earlier date); and
- plan(s), drawn to an identified scale and showing the direction of North, showing onsite habitat existing on the date of application (or earlier proposed date), including any irreplaceable habitat (if applicable).
7.3.8 In addition to the above the following information will be required for all non-exempt applications on submission of your application:
- The completed metric with both pre-development and post-development values
- A draft Biodiversity Net Gain plan (a finalised plan will be required prior to the commencement of development)
