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APPENDIX 3.15 Dealing with Planning Applications
(Extracted and amended from LB Southwark Noise Team Work Instructions)
This guidance applies to all planning applications under the Town and Country Planning Act 1990 upon which comments are sought from the Environmental Health Department (or equivalent). This includes the approval of details for planning permissions that have already been given.
When a planning application is referred to the Environmental Health Department, the field officer to whom the case is allocated will examine the proposal and, if necessary, visit the site to identify any aspects of it that give rise to concern on the grounds of noise or other environmental nuisance. If there is a doubt about who should be commenting on a particular aspect, the lead officer should take responsibility and comment. It is better to have comments duplicated rather than comments omitted.
1.0 MATTERS FOR CONSIDERATION
It is necessary to consider the type of application. An outline application is generally seeking approval of the principle of the development. If this is granted, a further application will be necessary for the details to be approved. A full application will include all the details that the applicant feels are necessary to allow the Council to grant the permission. Some applications are simply to approve details that were not submitted at the previous application or required as a condition of a previous application.
Some applications are for new construction. Others are for a new or additional use for an existing building. Any conditions will be limited to the proposal: an existing continuing use cannot be affected by the new application.
Matters which should be considered when deciding how to respond to the application include, but are not limited to,
- noise or vibration from operation of the proposed development
- noise or vibration from fixed plant (e.g. ventilation systems)
- sound insulation
- noise incidental to the proposed development (e.g. because of increased traffic)
- noise from external sources affecting the proposed development.
If it appears to the investigating officer that an external agency or other department has not been consulted but should have been, the referring planning officer should be asked to ensure that they are consulted in a timely manner.
If permission is granted, the use that is approved will normally cover not only the buildings but also the open areas of the site. If this is not appropriate, it can be dealt with by conditions and informatives.
If permission is granted the use will normally also include anything in the same Use Class (e.g. permission for light industrial use will allow the property to be used for any office or light industry, not just the immediate use the applicant is considering). If this is not appropriate, it can be dealt with by conditions and/or informatives.
2.0 FURTHER INFORMATION
If the officer requires further information to be able to consider the application properly this can be obtained in three ways:
- ask the planning officer to obtain it from the applicant
- write to or telephone the applicant directly.
- request a condition that requires details to be submitted and approved before the development starts. This would normally be appropriate where it is clear that any noise concerns can be met but the applicant has not indicated within the application how this will be achieved (e.g. details of a sound insulation scheme might be required).
3.0 GOVERNMENT AND BSI GUIDANCE
There is some government and British Standards Institution guidance on permissible noise levels, see also Appendix 1.1. This includes:
Planning Advice Note PAN 56 Planning and Noise - The PAN sets out the range of noise issues that planning authorities need to be aware of in formulating development plans, making decisions on planning applications and in taking enforcement action to preserve and enhance environmental quality. It will also be of assistance to developers in indicating issues related to noise likely to be taken into account in the consideration of planning applications.
BS 4142 - This gives a method of assessing whether complaints of noise are likely with regard to any new industrial development that may affect residential areas.
BS 8233 - This gives a series of standards for steady noise in different situations and some limited advice on designing to minimise noise intrusion.
4.0 POSSIBLE ACTIONS
If the proposed development raises no immediate concerns, the officer should comment to that effect.
If the development is one that the officer considers is totally unsuitable even if conditions are imposed, Planning should be recommended to refuse permission. They should be informed of the reason why refusal is recommended.
If there are concerns that can be overcome, Planning should be recommended to impose particular conditions or include specific informatives on the consent if granted.
5.0 USE OF PLANNING CONDITIONS
Any planning conditions may be imposed provided that they pass the six tests laid down in Circular 11/95. The tests require the conditions to be
- necessary
- relevant to Planning
- relevant to the Development
- enforceable
- precise
- reasonable.
It should be noted that it is unreasonable to impose a condition that seeks to control activities that are not under the control of the applicant.
If a condition is imposed which cannot be met, it does not nullify the permission. The Council would have to accept the best compromise.
Planning conditions should not be used in place of controls that can be applied under pollution control legislation.
Unless there is a planning reason for doing so, construction noise should not be controlled using conditions. The provisions of the Control of Pollution Act 1974 are more suitable. It is possible to include an informative that the developer should apply for a s.61 consent. It is also possible to serve a s.60 notice in anticipation of the proposed works.
Any condition must have a reason for its imposition. If a standard condition is used, there is a standard reason associated with it. If an ad hoc condition is used, a reason should accompany it.
Types of condition that may be imposed include the following:
- restricting hours of operation
- restricting noise emissions
- defining standards of sound insulation against impact and airborne noise from the development and against external noise affecting the development
- requiring further details or samples of materials to be submitted and approved before work commences (or before the building is occupied, if that is more appropriate)
- restricting operations to within the buildings
- requiring the development, or some aspect of it, to be carried out according to the submitted plans
- requiring that certain types of machinery shall or shall not be used
- requiring a certain type of construction shall be used
- requiring operations on site to be undertaken in a certain way.
In some circumstances, it may be appropriate to impose conditions that restrict the applicant's rights under planning legislation. Conditions such as these are exceptional measures and should not be suggested without discussion with the planning officer. These conditions will include:
- limiting future changes within the same use class
- limiting the time for which a permission is valid
- limiting the permission to the applicant personally
- specifying that future developments that would be permitted development shall require planning permission.
6.0 USE OF INFORMATIVES
Informatives can be attached to a planning permission where a condition would not be appropriate. They inform the applicant that he may be required to do certain things under other legislation. A typical informative that may be requested is for the applicant to consult with Environmental Services with regard to construction noise from the development.
Records to be kept should be defined in a documented procedure (e.g. copies of Planning Applications and comments will be kept for two years after the decision on the application and plans accompanying an application will be kept for six months from the date when final comments are returned to Planning).
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