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Planning Validation Checklist Consultation

Local Validation Checklist 2021

Since 2008, Local Planning Authorities have been required to publish a list of information they require to “validate” planning applications they receive. This validation list forms two components, the national requirements, including the application form, the fee, certificates etc and secondly, more specific local validation requirements known as the “Local List”

The Government requires local planning authorities to review the “local list” every two years. In addition, there continue to be a significant number of changes to planning legislation, policy and guidance. This includes our Supplementary Planning Document and the July 2021 update to the National Planning Policy Framework. It is therefore considered timely for South Hams District and West Devon Borough Councils to update the current Local Lists.

The Consultation is open for six weeks from 3 August until 5 p.m. on 14 September 2021. Please submit your comments

After the consultation period, the Local Planning Authorities will consider all the comments received and amend the Local List as appropriate. Once approved this will form the basis on which planning applications are deemed valid by the Councils.

Please note, although it will not be possible to respond to specific comments, all comments will be recorded and fed into the consultation process.

For current validation requirements, please see Documents to submit with your application

Documents Required by Application Type

A guide to Submitting Planning Applications (National and Local Requirements)

These pages set out what information you need to provide to enable South Hams District Council and West Devon Borough Council, the Local Planning Authority (LPA), to provide an efficient service.

This list and its associated documents form the basis on which planning applications are deemed valid by the LPA.

It is intended to benefit all customers by:

  • Increasing the awareness of the type of information required to ensure an application is accepted first time
  • Promoting the use of pre-application discussions and advice
  • Speeding up the registration process
  • Ensuring consistency in the approach taken by both Councils
  • Increasing the use of electronic delivery
  • Minimising the submission of additional information
  • Avoid delays during the planning process
  • Enabling the Councils to provide applicants with certainty as to the information required

Useful guidance is available from Gov.UK.

What is Validation?

Validation is the process of checking that all relevant documentation has been provided. If you submit an application without the necessary documentation, with clear inaccuracies, or without the appropriate fee, the application is not valid and will not be progressed until this is resolved. The relevant guidance notes, available with the application forms, should also be read.

Extra information requested after validation

The list of requirements is not exhaustive. The Council can still request further, or more detailed, information after validation to resolve any particular issues that arise as a result of consultation responses or Officer site visits. Any additional information not required by the Validation Checklist, but which is needed to make a decision, will be requested during the course of the application. This should be provided as soon as possible.

What happens if information is missing?

If information required by the national or local list is not provided, a notification will be sent to the agent (or applicant if no agent) giving 21 days to submit the relevant information required. If this information is not provided within 21 days a further notification will be sent giving an extra 7 days after which the application will be closed and any hard copy documents returned.

From 1 October 2021 a service charge for returned applications will be introduced. Due to a high number of invalid applications being handled by the authority which are returned prior to validation, we will deduct 10% of the planning fee to cover administrative costs.

How should I submit the information?

We encourage submission electronically via the Planning Portal to help us look at your application more quickly. Where the application is submitted electronically no paper copies are required at submission. However you may be contacted for additional paper copies at a later stage for larger applications. We do accept application submissions via email (with documents attached as PDFs) or CD/DVD but we are unable to accept submissions in any other electronic format e.g. USB devices.

When submitting via the Planning Portal it would be beneficial to upload all drawings with their full and detailed title and drawing number. This will help speed up the processing of the application.

When submitting a hard copy application, one copy is required (however again you may be contacted for additional copies at a later stage for larger applications). We upload all documents electronically and will dispose of the hard copy; we are not able to return anything post decision.

What if I disagree with your decision?

If you disagree with our reasons for invalidating a planning application and negotiation with us has failed, you may send a notice to us. This should set out your reasons for considering that the information requested by us, in refusing to validate the planning application, does not meet the statutory tests. The statutory tests are as follows:

  • reasonable having regard, in particular, to the nature and scale of the proposed development; and
  • about a matter which it is reasonable to think will be a material consideration in the determination of the application.

(see Section 62 (4A) of the Town and Country Planning Act and Article 11(3)(c) of the Town and Country Planning (Development Management Procedure) (England) Order).

You should send a notice under article 12 of the Town and Country Planning (Development Management Procedure) (England) Order 2015

On receipt of the Notice the LPA will respond with either a Validation Notice stating the information is no longer required or a Non-Validation Notice stating the information is still required to process the application.

The time scales for this process depend on the type of application as follows:

  • 16 weeks - applications subject to an Environmental Impact Assessment (EIA)
  • 13 weeks - applications for major development
  • 8 weeks - applications for all other development types

Further information can be found in Planning Practice Guidance paragraphs 049-055.

You must have submitted all the other information needed to validate the application together with the fee. Should we issue a Non Validation Notice, you may then appeal this under Section 78 of the Town and Country Planning Act 1990.

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