Dorset Council have introduced new and updated validation requirements, which will add time and cost to the preparation and submission of planning applications. Dorset Council now require:
• New requirement to provide Sustainability Statements for specific types of application, to demonstrate how sustainable design and construction have been addressed, including reducing energy consumption and carbon emissions, minimising waste and increasing recycling, conserving water resources, incorporating green infrastructure and sustainable drainage minimising pollution, maximising the use of sustainable materials and adaptation to Climate Change. This is in accordance with the National Planning Policy Framework and the Council’s draft emerging Dorset Council Local Plan.
• New requirement to provide Water Nutrient Neutrality Statements, to meet the requirements of national legislation and recent advice from Natural England.
• Updated requirements in relation to Ecological Assessments, including reference to the updated Dorset Biodiversity Appraisal Protocol and reference to biodiversity net gain in line with the Environment Act (2021) and the draft emerging Dorset Council Local Plan. Biodiversity check lists are required to be completed as part of the validation process. Copies of the check lists are available on the above web page. For all applications, (other than major applications), when a Natural Environment Team certificate of approval is required, a copy must be submitted with your application before your application can be validated.
• Updated requirements in relation to flood risk, requiring information at the outset to address the sequential test for flood risk.
• Changes to the Council’s approach to seeking to recover costs from applicants where independent verification of submitted information is required – in particular there is a new requirement for applicants to cover the costs of independent verification of agricultural assessments, contaminated land assessments, and retail impact assessments, along with the continuation of the previous requirement to applicants to cover the costs of independent verification of viability assessments.
• Improvements to the clarity and useability of the Local List, including use of plain English where possible, improved links to more information, and moving to a single combined list which includes minerals and waste validation requirements.
Brett Spiller, Director at Chapman Lily Planning, commented: ‘In the face of the Climate Change and Ecological Emergencies, it is perhaps no surprise to see sustainability statements and reference to Biodiversity Net Gain being required. Despite the additional cost, these measures should be welcomed and should inform new development. However, this would belie Dorset Council’s abject failure to progress a new Local Plan apace and its extremely disappointing to see Dorset Council seeking to introduce planning policy through the back door.
I’m not sure that the Council fully appreciate the implications of requiring Dorset NET Certificates prior to registration, as the seasonal windows for ecological surveys already pose a challenge. For some schemes this might result in a minimum 12-15 month lead in time. We are aware that many developers have also been caught by Dorset Council’s interpretation of the sequential test. Whilst I take issue with the strict interpretation being taken, I have no issue with information pursuant to the sequential test being submitted upfront. It does however rely upon the Council releasing up to date data on potentially available sites. To obtain this I can see a flood (pun fully intended) of FOI requests!
All of these measures reaffirm my view that that there really isn’t such a thing as a ‘cheap’ planning application. Regrettably, the poor planning service, combined with the cost and complexity of development in Dorset has led to some of our clients (genuine long-term investors that create value) saying that they will no longer do business in Dorset. I think this is a crying shame and I would urge Dorset Council to readdress the balance and fulfil its duties in enabling sustainable development, rather than placing hurdles (perceived or otherwise) in its way”.
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