Invalid planning application charges
From November 2024, we will apply an extra administrative charge for applications that are invalid on submission.
Why we are introducing this charge
We're introducing this charge because we currently receive a high number of invalid planning applications. It is the responsibility of an applicant (or their planning agent) to make sure all details are accurate and correct before they submit a planning application.
We provide all the information you need to prepare a valid planning application in our online validation checklist. We also offer a pre-application service for applicants who need planning advice.
We expect all applications to be valid on submission, and we are only responsible for assessing and making a decision on planning applications.
When we receive an invalid planning application, we have to identify any information that is missing or is wrong and tell the applicant what they need to do to make the application valid. This is an avoidable and time-consuming process which is a cost that the Local Planning Authority has to absorb. In view of current financial pressures this cannot continue. For this reason, an administration charge under section 93 of the Local Government Act 2003 has been put in place for cost recovery purposes. The proposed costs are in line with the provisions within the Act in that it is seen as reasonable and do not generate profit.
The council does not provide advice on permitted development rights. Please note it is up to you to determine whether planning permission is required or not. Failure to apply for planning permission, when required, could result in enforcement action.
The only way the Local Planning Authority can confirm in writing whether planning permission is required or not is through the submission of a Lawful Development Certificate, for which there is a fee. You can find out more on how to apply for a Lawful Development Certificate on our website or on the Planning Portal. If you apply for a Lawful Development Certificate prior to any works commencing then the cost is half of the planning fee, following works commencing it is a full planning fee. If as a result, it is determined that planning permission is required, you would then need to submit a full planning application for the proposed works with a full planning fee.
Permitted Development Rights & Habitats and Species Regulations (2017)
Article 3 of General Permitted Development Order, permits development subject to the provisions of the Town and Country Planning (General Permitted Development) (England) Order and Regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017.
Regulation 75 of the Conservation of Habitats and Species Regulations requires development permitted under the general permitted development order to make an application to Natural England or the Local Planning Authority to give their opinion as to whether the development is likely to have a significant effect on a European site.
Development must not be begun until the developer has received written notification of the approval of the Local Planning Authority under Regulation 77 (approval of Local Planning Authority).
On this basis, the Council recommends that a Regulation 77 application be submitted alongside any application located within or affecting:
• Cannock Chase Special Area of Conservation (SAC),
Applicants may wish to make an application under Regulation 76 first in writing to Natural England for their opinion as to whether the development is likely to have a relevant effect (i.e. a significant effect on a European site or a European offshore marine site). The application to Natural England must give details of the development which is intended to be carried out. Natural England will then consider whether the development is likely to have such an effect.
Any works carried out without the required Regulation 77 approval may be deemed unlawful.
Policy on accepting amendments to planning applications
The Council will exercise its discretion whether to request or accept amendments to a planning application under consideration. Upon receipt of an application, we expect it to be:
- supported by relevant information and
- in a condition to be fully assessed and determined as submitted.
On that basis our normal position is not to seek or accept amendments after validation. We encourage applicants to engage in our pre-application service which would assist in the submission of a full application.
We will not accept unsolicited amendments. Please do not seek amendments in response to an objection unless first cleared with your planning case officer.
Unless there are exceptional circumstances, we will only seek an amendment under the following conditions:
- Further analysis of the case means more information or clarification is needed. It must be needed to complete the assessment of the scheme. For example, cross sectional or levels details drawings;
- Amendments of a minor nature that would improve the scheme. This must be a necessary improvement and not jeopardise a decision within the statutory period. For example, requiring additional consultation or more detailed third party expert advice.
This means we will not generally accept amendments to planning applications if/for:
- they trigger the need for a fresh 21-day consultation (assessed on an individual basis)
- an increase in size of or material change to the red edge site boundary unless requested by the LPA
- a significant move or relocation of footprint and/or volume and mass of built form
- introduction of materially different uses
- materially increase the visual impact of the development
- exacerbate concerns raised by third parties.
- Please note that this is not an exhaustive list.
Biodiversity net gain details required from 12 February 2024
Legislation requiring information on biodiversity net gain (BNG) to be submitted as part of planning applications and post-permission discharge of conditions in England is coming into force on 12 February 2024.
BNG is a new process designed to make sure new developments deliver a net positive impact on the natural environment. It requires development to be planned in ways that minimise any loss and damage to existing habitats and compensate and off-set any damage caused.
Applications for such proposals will need to include sufficient details to be validated and, if they receive consent, will need the ‘general biodiversity gain condition’ discharged before work can begin.
‘Small sites’ (i.e. non-major developments) will be temporarily exempt until 2 April 2024, when similar requirements will apply.
What BNG means for your planning application 7. Biodiversity Net Gain | Cannock Chase District Council (cannockchasedc.gov.uk)
National Planning Fee Increase
Following debates in Parliament, the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023 have been approved and made on 8th November.
The regulations can be viewed here: http://www.legislation.gov.uk/id/uksi/2023/1197
The regulations do the following:
• Increase planning application fees by 35% for applications for major development and 25% for all other applications.
• Introduce an annual indexation of planning applications fees, capped at 10%, from 1 April 2025.
• Remove the fee exemption for repeat applications (the ‘free-go’). An applicant will still be able to benefit from a free-go if their application was withdrawn or refused in the preceding 12 months, subject to all other conditions for the free-go being met.
• Reduce the Planning Guarantee for non-major planning applications from 26 to 16 weeks.
• Introduce a new prior approval fee of £120 for applications for prior approval for development by the Crown on closed defence sites. The new fees will come into force from the start of 6th December 2023.
Special areas of conservation (SACs) mitigation requirement payments
Applications determined on or after 1 April 2022 which fall within the 15km radius of the zone of influence for the Cannock Chase SAC will need to provide mitigation.
The types of development affected include new homes including those arising through the conversion of existing buildings, houses in multiple occupation, sheltered accommodation and care homes falling within use class C3 and gypsy and traveller pitches. Hotels, holiday lets, and camping & caravan sites will also need to undertake a habitats regulations assessment (HRA) or provide a financial contribution, if they could generate visitors to Cannock Chase SAC. The majority of payments would be provided through the Community Infrastructure Levy (CIL) however some developments may be CIL exempt.
If a contribution towards SAC is required and the development is exempt from CIL, the SAC mitigation can be paid upfront by a Section 111 form or, where a Section 106 Agreement is required for planning permission, the payment can be included with other obligations.
For more information on CIL, SAC mitigation and the Section 111 form please click on the following link:-
6. A guide to the CIL Process | Cannock Chase District Council (cannockchasedc.gov.uk)