Local Validation Checklist
This local validation checklist has been produced to inform applicants/agents of the type of documents and level of information required to validate a planning application or other similar consents. There are National Requirements and Local Level Requirements. To avoid confusion, this document will merge Local and National requirements to enable use of this document as your one-stop-shop, with the aim that your application can be registered as valid for determination the first time round.
This checklist is intended to provide applicants/agents with clear advice as to the planning information that is considered necessary to allow Case Officers and Statutory/Non-Statutory consultees to properly consider proposals being put forward and to ensure a streamlined submission process.
Where a document or plan is listed for a particular type of application or consent, such an application may not be validated without this information. Everything that is required from applicants will be justified by policy or legislation so you know why we are asking for certain information.
Went to public consultation on 4 April 2023 and adopted on the 12 June 2023
The local validation checklist should be reviewed and republished as required under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) Part 3, Article 11 (3) (d).
If you live in a house (not a flat or a maisonette) or run a business you may be able to make alterations to your property without needing to make a planning application, depending on some limits and conditions. These rights are called 'permitted development rights'.
If you think your development would fall within permitted development rights, we recommend that before carrying out works, you apply to the council for a 'certificate of lawfulness'. This is an optional application that asks the council to confirm in a legal document that the proposed works would be lawful (that they would comply with the legislation). A certificate can give peace of mind before you start works, and may be required during any future sale of your property. It is strongly recommended that you apply for a certificate of lawfulness before starting works, because the legislation can be difficult to interpret, and it is not uncommon for people to make mistakes in interpretation.
If you are thinking of making alterations to your property, read the online guidance on the Planning Portal and in the guide below.
Government legislation grants automatic planning permission for certain types of development (for example certain types of extensions and alterations). Such development is called 'permitted development', and does not require planning permission from the council.
Part of the legislation relates to works to houses, and this is the part meant when most people talk about 'permitted development' rights.
Although most houses benefit from these permitted development rights, there are a number of exceptions, including the following:
Flats and maisonettes (whether purpose-built or converted) do not benefit from these types of permitted development rights
- Some houses have had their permitted development rights removed by an Article 4 direction
- Some houses have had their permitted development rights removed by a condition on a previous planning permission.
If a house benefits from permitted development rights but is situated within a conservation area, then its rights will be reduced (for example no side extension or no roof extensions etc).
If a house benefits from permitted development rights but is a listed building, then its rights will be reduced (for example no outbuildings etc) and most works will still require listed building consent.
If you wish to undertake works that are permitted development, then such works do not require planning permission from the council (because they are granted planning permission by the GPDO). However, please note the following:
The fact that works are permitted under planning legislation does not change whether or not they require approval under other areas of legislation, such as the Building Regulations, the Party Wall Act, etc.
Validation is a process undertaken by Mid Devon District Council on an application (and associated information) prior to starting the formal process of determining whether to grant or refuse planning permission. The validation of applications is the process to check that the correct documents and fee (where applicable) have been submitted. This guidance explains the level of information that will be required for certain types of planning applications in order that they can be accepted and processed by the Council.
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.
Applications will be validated typically five working days upon receipt. However, if an application is not considered valid by Mid Devon District Council, the validation technician will inform you and explain the information that is required for validation as soon as possible. The District Council and applicant are expected to make every effort to resolve any disagreements regarding the information requested through negotiation.
There is a procedure in the Development Management Procedure Order to resolve such disputes. An
Applicant must first send the local planning authority a notice under article 12 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (an ’article 12 notice’). This must set out the reasons why the applicant considers that the information requested by the local planning authority, in refusing to validate the planning application, does not meet the statutory tests.
All applications must be submitted on the appropriate Standard Application Form, it must be signed and dated and all questions on the form must be answered fully and accurately.
Personal or Sensitive Data
Where there is a need to submit information considered ‘personal data’ or ‘sensitive personal data’ under the General Data Protection Regulations (GDPR) this information should be submitted in a separate document without cross-referencing in documents that can be made public and clearly marked as confidential.
The definition of ‘personal data’ and ‘sensitive personal data’ can be found in the Information Commissioner’s Office (ICO) Guide to the General Data Protection Regulation (GDPR) and will include for example personal circumstances and health information.
Submission direct to Mid Devon District Council
Via email to dcregistration@middevon.gov.uk (emails with attachments no larger than 5mb)
Submission via the Planning Portal
Apply online via the Planning Portal application service Applications - Planning Portal
For further information about making an application via the Planning Portal please visit their website Planning Portal
Postal Applications
If you are not able to submit your application using the Planning Portal, you will need to send it in the post with 1 x copy of each document/plan required.
Send to: Planning Registration, Mid Devon District Council, Phoenix House, Phoenix Lane, Tiverton. EX16 6PP.
Pre-Application Advice
All applicants/agents are advised to seek pre-application advice before submitting an application, to discuss the likelihood of a successful outcome. This will help to highlight any potential issues at an early stage in the planning process and ensure that the necessary documentation is submitted. This is considered essential for major applications.
For further information on our service and fees, please view our Pre-application advice webpage
Please note the following are now subject to an additional fee for validation:
- Retrospective applications (10% of statutory fee applied for)
- Validation of applications that are incorrect for the second time (10% of statutory fee applied for)
Please note should you wish to use our Fast Track Service (pre-check of your application prior to submission). This can be undertaken for 10% of the statutory fee applied for.
Once a planning application has been deemed as valid, the application will become registered and is passed on to a planning case officer.
If an application is submitted without the necessary information required to allow officers to assess your proposals, then your application will be made ‘invalid’. This means it will be placed on hold until the necessary amendments or documents have been received. If no response is received or the required information is not received within 21 days then your application will be returned. Please note as above, if your application is made invalid for a second time there will be a discretionary fee of 10% charged.
Below are some of the most common reasons why application are made invalid by the Registration Team. You should always check the Validation Requirements before submitting your application.
- Application form not signed and/or dated correctly, application forms include a declaration near the end and must be signed and dated.
- The certificate ownership is not signed and/or dated or the incorrect certificate has been completed. The guidance notes that accompany each form, provide advice on which certificate to complete and more guidance can be found in the National Planning Policy Guidance.
- Incorrect fee or no fee paid. You can calculate the fee due using the Planning Portal Fee Calculator;
- Drawings not labelled clearly, correctly, or at all. All drawings should be clearly titled and numbered, for example ‘Proposed Ground Floor Plan’;
- Inaccurate or incomplete plans or elevations;
- Plan, elevation and/or section drawings that do not match;
- Drawings not to a recognised metric scale;
- No red line drawn around the application site on the location plan More guidance can be found in the National Planning Policy Guidance;
- Design and Access and/or Heritage Statement not submitted when required
Applicants and agents must ensure plans are submitted at the correct scale as indicated on the plan.
The National Guidance states that plans must be to scale. (If the plans have ‘do not scale’ on them it is considered that the Planning Authority cannot scale from them. Therefore they are not to scale). We have found by trying to be flexible with the wording we are receiving a high number of various connotations. This is causing delays and increased invalidity reasons.
Possible alternatives include:
- Contractors must check all dimensions and only work from figured dimensions.
- All dimensions must be checked on site and not scaled from this drawing for construction purposes.
The guidance contains a series of checklists detailing the information that must be submitted with certain types of application.
The checklist is divided into three parts:
Part 1 sets out national requirements that must be submitted. The information required will vary depending on the type of application and the lists in part 3 specify the national requirements for the type of application being submitted.
Part 2 identifies those documents that may be required for a particular type of application.
Part 3 sets out the local requirements, which is the additional information that Mid Devon District Council may require for particular types of application.