Pre-Application Guidance
The Government published the report “The Planning Response to Climate Change; Advice on Better Practice” in 2004. This document clearly stated that the role of the planning system is to set a context in which there is less need to travel, and which encourages access by walking, cycling and public transport via an integrated transport system. It is clearly important that all parties understand the transport implications of a development and what mitigation measures are proposed to reduce these impacts. It is strongly advised that developers should liaise with the local planning authority at an early stage when considering a development in order to ensure that the proposal is suitable for the site.
Pre-application advice is where prospective applicants (or their agents) seek guidance from the relevant authority before submitting a planning application. The practice is strongly encouraged by Government so that issues that would arise during the application process are dealt with and the application is submitted in the best form possible. This approach can benefit the developer, through time savings and an appreciation of background issues, as well as establishing an authority’s likely stance on a proposal.
This process can also benefit the local authority, as it offers them an opportunity to have early input into the design process or the content of an application. A successful pre-application discussion can often lead to a proposal that is more acceptable and is able to be processed more quickly, leading to benefits in terms of meeting national and local performance targets.
It should be noted that under Section 93 of the Local Government Act 2003, Local Authorities were given the power to charge for discretionary activities – those services that an authority has the power to provide, but it not obliged to do so. In the case of planning services, this could include charging for pre-application advice. Local authorities are therefore allowed to recover at least some of the costs of any pre-application advice incurred before the planning application is submitted, although the income raised must not exceed the cost of providing the service. This legislation was supplemented by Section 53 of the Planning and Compulsory Purchase Act 2004, which amended the existing provisions for planning application fees, allowing for activities outside the determination of applications to be covered by fees or charges.
Whilst additional help is often available from local planning authorities, this is not always the case, and may be subject to charges. It is recommended to involve a specialist transport consultant early in the process. In the first instance, the consultant can provide advice on the feasibility of a development site, and will often be familiar with the policies of the relevant local authority. Once it is decided to take a site forward for development, the consultant can then agree with the local authority the scale and scope of the information required to prepare the Transport Assessment.
