Planning Development

Submitting a planning application

 Local requirements list

Local Planning Authorities (LPAs) are required to publish a list of their local information requirements for applications which should be proportionate to the nature and scale of development proposals. The LPA is required to review its list of local requirements for the validation of all applications every two years. The LPA has reviewed the local information required and is seeking your views on proposed changes.

 The current Local Requirements List was adopted in January 2017 and can be viewed via the following link Current local requirement list

 Draft local requirements list consultation  - Wednesday 10 April 2019 to Midday 22 May 2019

 As part of a wider review of our processes, the Local Planning Authority has reviewed the current Local Requirements List.

 The proposed changes are minor, as we are seeking to retain the existing list of requirements. The only change would be to add a requirement for all plans submitted for advertisement consent and householder planning applications to be no greater than A3 in size and for all submitted plans to include a scale bar.

 The proposed Local Requirements List

You can submit your comments to policy.consultation@iow.gov.uk

 The consultation will run for a six week period from Wednesday 10th April to midday Wednesday 22nd May 2019

What happens next.

We will collect the responses and analyse what you have said.

We intend to introduce the proposed changes, subject to the outcome of this consultation, from Monday 3rd June 2019.

Submitting a planning application

Once it has been established that planning permission is required, an application must be made to the Local Planning Authority (the Isle of Wight Council).

Planning application forms, guidance and advice is available via the Planning Portal website by clicking here or by using the FAQs tab above.

Different types of development will require different application forms and to view a list of the application forms with guidance notes, please click here (PDF, 250KB, 4 pages). The easiest and quickest way to submit your planning application is via the Planning Portal website by clicking here. However, if you prefer to submit a paper copy of your planning application and supporting information, then one copy of all the information will need to be submitted to Planning Services. Please either post your application to the address which can be found at the Contact Information tab above or deposit them in the post box to the right of the main office entrance.

All planning applications that are submitted to the Local Planning Authority (LPA) must be supported by certain information before they can be validated and then decided.  The type of information that is required is set out within the national validation requirements for planning applications and also the Council’s own local list of validation requirements. The local list is prepared by the LPA to clarify what information is required for applications of a particular type, scale or location within their area. The current version of the local list was adopted in January 2017.

When an application is received, we will check the submitted information against the national and local lists and if all of the required information has been provided, then the application is considered to be valid. The application can then be registered and following consultation can then be determined. We will try to validate applications in a timely manner. However, where information has not been provided we will write to applicants and ask for it to be supplied by a certain date. We will not be able to validate or decide the application until all of the information has been received.  

The national requirements can be viewed by clicking here (website).

The local list requirements can be viewed by clicking here (PDF, 98KB, 3 pages). 

If you have any queries about the information that is required, further information on local list requirements can be viewed by clicking here (PDF, 295KB, 7 pages).

Pre-Application Advice

In order to assist you in submitting a planning application, we provide a pre-application advice service. Through this service, Planning Officers can advise you what information would be required for a planning application and an explanation about how the process works and the required fees can be found by clicking here (website).

Planning fees

The application fee must be paid before the application can be determined. There is no fee payable for listed building consent. In addition, fees may not be payable in other circumstances, i.e. in request of a re-submission within one year of the determination of an application. The Planning Portal website provides a useful tool for calculating the correct planning application fee which is known as the fee calculator and can be found by clicking here (website).

Planning fees are set by Government and are either a set rate or based on the area of the proposal depending on the type of application. For a guide to the current fees in England please click here (PDF, 93KB, 9 pages) and the easiest way to pay is online through the Planning Portal website by clicking here. Fees can be paid by credit or debit card over the telephone by calling 01983 823552.

Service Update:

Planning fees will increase by 20 per cent on 17 January 2018

As of 17 January 2018, planning fees in England will increase by 20 per cent, as a result of Government changes. The full changes to planning fees can be seen on the Legislation.gov.uk website by clicking on the following link: Fee levels 2018.

The Isle of Wight Local Planning Authority will continue to accept existing fees for valid applications until 17.00 hours on 16 January 2018. For applications that are not valid, the appropriate fee will apply on the date of validation.

The most regularly applied fees will be as follows:

  • Extensions and alterations to dwellings will change from £172 to £206 (unless for two or more dwellings)
  • The erection of a dwellinghouse will change from £385 to £462
  • The change of use of land will change from £385 to £462

 

The Planning Authority has set out the main new fees in the attached document which can be viewed by clicking here ( PDF, 269 KB, 5 Pages) – the new fees are shown in red brackets.

If you have any queries, please email us at: development@iow.gov.uk

Financial contributions

As well as the application fee, the council may require additional financial contributions in accordance with the relevant policies of the Island Plan Core Strategy available by clicking here (website) and further guidance is given in Supplementary Planning Documents (SPDs) available by clicking here (website).

Financial contributions may be sought from the following:

  • Residential development within 5.6km of the Solent Special Protection Area. For further information on this contribution please see summary below and the full Solent Recreation Mitigation Strategy by clicking here (PDF, 2.43MB, 28 pages).
  • Residential development within the thresholds as set out in policy DM4 of the Island Plan Core Strategy (website). For further information on this contribution, please see the Affordable Housing Contributions SPD available by clicking here (PDF, 832KB, 18 pages)

To secure financial contributions attributable to a development, there are a variety of options available depending on the nature and scale of development that is proposed. These usually include a Unilateral Undertaking or Section 106 Planning Obligation, more details on these are set out below. If you are in doubt over which approach is most suitable, please speak to your agent, or contact the Case Officer for your application.

Solent Special Protection Area Mitigation Payments

A developer contribution will be required for every net additional dwelling within 5.6 kilometres of the boundaries of the Solent Special Protection Areas. The council’s preferred method of providing mitigation is through the Solent Recreation Mitigation Strategy. Alternatively a developer can demonstrate to the satisfaction of the local planning authority and Natural England that it will provide alternative 'bespoke mitigation' which will fully mitigate the recreational impact of the development.

The developer contribution will be charged on a sliding scale based upon bedroom numbers per dwelling. These figures will be increased on 1 April each year in line with the Retail Price Index (RPI) rounded to the nearest whole pound.

The council will be implementing the following sliding scale of contributions from the 1 April 2018:

  • £337 for 1 bedroom dwelling.
  • £487 for 2 bedroom dwelling.
  • £637 for 3 bedroom dwelling.
  • £749 for 4 bedroom dwelling.
  • £880 for 5 bedrooms or more.

Please refer to the full Solent Recreation Mitigation Strategy by clicking here (PDF, 2.43MB, 28 pages), for further details on this requirement. Applicants are advised to clearly identify the number of bedrooms for each scheme in their application form, as the local planning authority will ensure that the correct contribution is sought.

Unilateral Undertaking

Unilateral Undertakings are the legal method by which a person interested in land provides an obligation to provide for any required mitigation (commonly in the form of a financial contribution), or controls regarding the use of land.

For smaller developments, Unilateral Undertakings are the most common method of securing obligations, and the most common of these are undertakings required to secure contributions towards Habitats Mitigation in line with the Solent Recreation Mitigation Strategy or Affordable Housing in line with the Affordable Housing Contributions SPD available by clicking here (PDF, 832KB, 18 pages).

Undertakings can either be drafted by the Council during the application process, or by the applicant in advance of an application being made. Both options are summarised below.

In either option below, the Local Planning Authority will instruct legal services to commence work on the deed at the earliest opportunity in the application determination, regardless of recommendation for the proposals. Work on the deed does not infer that permission will be granted. In the event that permission is refused the agreement may be utilised for an Appeal. If the application is refused or withdrawn, and a revised submission is made within 12 months, it is unlikely that further legal fees payable to the Council will be incurred in redrafting of the deed.

Failure to provide a suitable deed may result in an application being refused, similarly, delays in returning the deed can result in applications being delayed or refused.

Council drafting

For most smaller forms of development, where contributions are required in connection with the Solent Special Protection Area or Affordable Housing in line with the Affordable Housing Contributions SPD available by clicking here (PDF, 832KB, 18 pages), a Unilateral Undertaking may be used to secure the required contribution. In this instance, subject to your agreement and payment of the requisite fees, the council's Legal section will produce the required deed and undertake the necessary Land Registry checks.

As with all planning obligations, developers or land owners are expected to meet the council’s reasonable legal fees associated with drafting, checking and approving the deed. The council’s fees associated with any of the standard unilateral undertakings are £150 per undertaking, payable to the Isle of Wight Council (although this may be increased if the matter is particularly complex). These legal fees are in addition to the statutory application fee and the contribution itself.

For this approach, all you are required to provide is a cheque for the legal fees and confirmation of agreement to enter into a deed (this can be done by letter or email). On validation of the application, the council's Legal section will commence work on the deed irrespective of the recommendation for the proposals. Once drafted, all that is required is you check, sign and return the deed.

This is the simplest and most efficient way of completing the required undertaking – a summary of the process can be viewed by clicking here (PDF, 264KB, 1 page).

Applicant drafting

If you do not wish the Council to produce the required undertaking, you will be able to use a template which will be available shortly.

When you submit your planning application, you'll also need to provide the following documents:

  • One original, completed and signed (by all parties) unilateral undertaking committing to pay the total mitigation before commencement of work on the site;
  • A copy of the site location plan, that accompanies the planning application, signed by all parties to the unilateral undertaking and included as part of that document;
  • Recent proof of title to the land (within last 12 months) which can normally be purchased from Land Registry by phone 01752 636000 or online at Land Registry Online (website). Please note there are two parts to the proof of title: a Title Register and a Title Plan, both of which must be submitted.
  • A payment towards the council's costs of completing and checking the agreement. The council will only charge for the actual time spent on this matter if you follow the guidance. These legal fees are in addition to the statutory application fee and any contributions themselves. Please send a separate cheque for this fee (£150) made payable to the Isle of Wight Council.

If you propose to follow the above approach, we encourage you to submit this as early as possible within the application process and ideally at the point of submission of your proposals.

Section 106 agreements/Heads of Terms – larger developments

For larger developments, the most appropriate route for securing contributions will be via a Section 106 Agreement.

Where contributions are required only in connection with the Solent Recreation Mitigation Strategy or Affordable Housing in line with the Affordable Housing Contributions SPD available by clicking here (PDF, 832KB, 18 pages), it is possible for the Council to limit the costs associated with drafting, checking and sealing the agreement and we anticipate that the fees will be no more than £806 payable to the Isle of Wight Council (although this may be increased if the matter is particularly complex). These legal fees are in addition to the statutory application fee and the contributions. As with the Council Drafting approach above, this can be undertaken as part of the application determination process.

If you do not wish the Council to produce the required document, you will be able to use a template which will be available shortly.

Where the S106 Agreement is likely to include different, or other matters beyond those identified above, including where either on or off-site mitigation is proposed, you should submit a Heads of Terms document for the Section 106 Agreement, identifying these requirements and your agreement to enter into an obligation. Heads of Terms should be provided at the point of submission of your application.

Any costs are in addition to application fees or the required contributions.

If you have any further questions regarding Unilateral Undertakings or Section 106 Agreements, please contact us before submitting your application. Our contact details can be found in the contact tab above.

Please note: that any agreement or undertaking entered into under Section 106 of the Town and Country Planning Act 1990 will contain legal obligations that will bind owners of land and their successors in title. As a result if you have any queries or concerns on the implications of the documents we must suggest that you seek your own independent legal advice.