Variation or Removal of condition - Section 73 (PF25)

Introduction

Planning conditions are often applied to the grant of planning permission. These limit and control the way in which the planning permission may be implemented. This application type can be used to either remove or vary such a condition.

For more information about making changes to your planning permission please refer to our the guidance notes.

What you need to submit

The list below details supporting documents that may need to be submitted as part of your application. Please refer to each section below in order to determine whether or not you need to submit it as part of your application.

Always required

Please ensure that you have completed every section of the application form before submitting. Where sections or questions are not relevant please state this on the form.

The associated help file for this type of application can be found online.

Apply using

Please note: "Apply online" websites are provided by private companies who may charge additional fees for their services. Peterborough City Council offer no technical support for customers using these sites, if you encounter an issue please contact the relevant website service helpdesk. If you opt to download and complete the application form instead it is your responsibility to ensure that the forms, the appropriate supporting documentation and correct fee are sent to Peterborough City Council either by email or post.

Always required

For details of our planning fees please see the fee schedule.

You can now pay online directly to Peterborough City Council.

Always required

This must be an up-to-date Ordnance Survey based location plan at an appropriate scale, usually 1:1250 or 1:2500. In the case of large sites other drawing scales maybe appropriate.

The plan must show:

  • at least 2 main roads and all surrounding buildings or land;
  • the application site (the whole planning unit) ;
  • a north point;
  • a scale bar.

The application site boundary should be edged clearly with a red line. It should include all land necessary to carry out the proposed development; for example, land required for access to the site from a public highway, visibility splays, landscaping, car parking and open areas around buildings.

A blue line should be drawn around any other land owned by the applicant, close to or adjoining the application site.

We will expect this to be on an A4 size plan or larger.

A sample location plan can be viewed online.

Ordnance Survey map extracts are available from any Ordnance Survey Mapping and Data Centre.

The plan used should:

  • Not be a Land Registry document
  • Not be used for multiple applications
  • Show OS Crown copyright as an acknowledgement
  • Not be a photocopy or screen grab image
  • Not to be copied from existing OS mapping, if using hand drawn maps such as standard streets
  • Show the correct licence number if you wish to print or copy maps for applications
Copyright information

Please be aware that plans based on Ordnance Survey data are Crown copyright and other plans and drawings are the copyright of their authors. The details of any applicable copyright should appear on the original plans concerned. Using copyright protected plans could result in legal action being taken against you by the copyright holder. You are advised to contact the copyright holder before using such plans in making any application.

Updated: February 2017
Status:
 National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

The relevant certificate must be completed, signed and dated (part of application form). Only one certificate should be completed.

Certificate A should be completed if the applicant is the sole owner of the land to which the application relates or holds an unexpired lease with a term of 7 or more years remaining.

Certificate B should be completed if the applicant is not the sole owner but knows the names and addresses of all the other owners.

The Notice to Owners (Notice 1) must also be completed and sent to all known owners.

A copy of the notice must be sent with the application to the local authority.

Certificate C should be completed if the applicant does not own all of the land to which the application relates and does not know the name and address of all of the owners.

The Notice to Owners (Notice 1) must be completed and sent to all known owners.

Where the owner is unknown the Notice to Unknown Owners (Notice 2) needs to be published in a local newspaper.

A copy of the notice must be sent with the application to the local authority.

Certificate D should be completed if the applicant does not own all of the land to which the application relates and does not know the names and addresses of any of the owners.

The Notice to Unknown Owners (Notice 2) needs to be published in a local newspaper.

A copy of the notice must be sent with the application to the local authority.

Updated: February 2017
Status:
 National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

Required for all development proposals that would affect any designated heritage asset. The Heritage Statement must;

  • Describe and assess the significance of the asset and/or its setting to determine its architectural, historic, artistic or archaeological interest; and
  • Identify the impact of works on the special character of the asset; and
  • Provide a clear justification for the works, especially if these would harm the asset or its setting, so that the harm can be weighed against public benefits

The level of detail required should be proportionate to the asset’s importance and sufficient to understand the potential impact of the proposal on its significance and/or setting

Please note: A heritage asset includes Conservation Areas, listed buildings, locally listed buildings, scheduled monuments, listed parks and gardens, areas of archaeological importance.

Can be combined with a Design and Access Statement if required.

Updated: February 2017
Status: National requirement
Source: NPPF & Policy PP17 of the Peterborough Planning Policies DPD

Always required for developments requiring open space i.e. developments of 10 dwellings or more or residential developments of 0.5 hectares or more – the amounts in square metres of each type of open space shall be set out using the form linked below, in a stand-alone document or within the Design and Access Statement/Environmental Statement (clearly labelled/Titled).  This shall be accompanied by a suitably scaled plan showing the location of each type of Open Space Type within the site and annotated to show the area of each landscape component.

For large residential sites/sites likely to be developed in phases, the requirements at reserved matters stage should be discussed with the relevant planning officer and agreed prior to submission.

Updated: February 2017
Status: 
Local requirement
Source:
 PP14 and Appendix B of the Peterborough Planning Policies DPD.

This not part of the local list.

Environmental Impact Assessment (EIA) is governed by the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (hereafter called the regulations).

The regulations set out the procedures to be followed by both applicants and local planning authorities where a development project may have significant impact upon the environment. This brief note is no substitute for these regulations and in most instances applicants proposing the sort of development likely to be subject to EIA will seek advice from their own consultants.

The type of development requiring submission of an Environmental Statement (ES – the document that will need to accompany a planning application if the proposal is EIA development) will fall into two categories as set out in Schedule 1 and Schedule 2 to the regulations.

Schedule 1 development lists a variety of development types with thresholds where submission of an ES is mandatory.
Schedule 2 development lists a variety of development types with thresholds which if met, require the local planning authority (LPA) to determine if the development is EIA development or not. This process is called adopting a “screening opinion.”

Screening opinions

An applicant or developer can, under the regulations request that the LPA (or the relevant Secretary of State) provide a screening opinion prior to the submission of an application. The LPA will take into account various factors such as scale of the development, its location in terms of the surrounding type of environment and how severe the impacts might be. Such criteria is listed in Schedule 3 to the regulations.

If a developer is unsure whether a proposal is EIA development or not, we advise that a request for a screening opinion is submitted at the earliest possible stage in the development process and well before submission of a planning application. At present screening opinion requests do not require a fee and the requirements for requesting a screening opinion are set out in Part 5 of the regulations. The LPA has 21 days to respond to such requests.

Where a screening opinion has not been carried out

If an application is submitted which might appear to require a screening opinion, the LPA can treat such application as requiring a screening opinion before accepting the submission as a validly made planning application. In such rare occasions we will adopt a screening opinion (within 21 days) before validating an application and undertaking consultation.

If the application requires an Environmental Statement and does not have one, we will encourage the applicant not to submit the application until the ES is ready. Otherwise the application will be made invalid.

Applications which are for EIA development are subject to particular consultation including newspaper notices and site notices. Therefore whether development is or is not EIA development needs to be clear before validation and consultation takes place. This is to ensure legal requirements are fulfilled, the proposals are publicly available and anyone with an interest has a fair opportunity to make their views known.

Should a screening opinion be issued which states that the proposed project is EIA development, the developer can then submit an outline of the matters the developer considers should form part of the ES. The LPA must respond to such requests within 5 weeks. The LPA reply is called the “scoping opinion.” There is presently no fee to make a scoping request.

Both screening requests/opinions and scoping requests/opinions are publicly available documents and will be published as such on our website.

Note: The regulations are being reviewed by the government in light of the decision to leave the European Union but are likely to be retained in a similar form for the time being.

Updated: February 2017
Status: Local requirement
Source: Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 (SI 2011 No 1824).

Always required

  • Details of the planning permission in respect of which the S73 application is made.
  • Sufficient information to explain why the condition should be varied/removed.

Following the introduction of CIL Planning Obligations will only be used to fund on-site or site related infrastructure. Should a Planning Obligation be required, for example to deliver Affordable Housing, the applicant will need to submit a Draft Heads of Term form using the template available.

Status: Local requirement