Spencer McGawley, associate at CampbellReith, discusses the role of the planning pre-application mechanism and how it relates to EIA
The planning system has a specific mechanism to assist developers in the processing of planning applications. The pre-application process, commonly known as the pre-app, is a way to present your proposals to the local planning authority (LPA) prior to making a formal application.
Why is it a pre-app a good idea?
The pre-app, when used properly, has a number of benefits. Perhaps most importantly, it allows you and your client to save time and resources by increasing the quality of the application. This in turn increases the chance of success of an application, since pre-apps allow for the identification of specific topics that may affect a particular site. As any EIA professional worth their salt will know, it is these types of topics that scupper a scheme, so early identification is vital.
A good pre-app also allows faster validation. Anyone with experience of planning applications knows that the key date is that of validation, not submission. Validation is a confirmation by the LPA that the application contains all of the appropriate information, and conforms to legal standards for planning applications.
Only once validation has been given can the application be taken forward for consideration. This is important if your client is reliant on either public or private funding to deliver the project. Often, monies are only available in a specific budgetary period so it becomes imperative for the application to be determined before a certain date so that funding can be committed.
More practically, if the project or scheme requires protected species licencing prior to
clearance, survey seasons then become important. It may be vital to get an application in prior to the summer so that the permission can be granted, licences procured and clearances begun during the winter months. A poorly conceived application that fails the validation test may result in another nine to twelve months delay due to knock on effects.
A further benefit is that pre-apps help build relationships with the LPA and any statutory consultees that may become involved, which can reduce the likelihood of objections.
What will you need?
Typically, when attending a pre-app you will need to show the LPA a site location plan, a written description of current land uses, a description of the proposals, a site plan drawn to scale, and draft design and access proposals.
What will it cost?
LPA’s charge for pre-app meetings, but the rate will often depend on the LPA itself and the scale of proposed development. For example, a pre-app for an EIA project in Cornwall costs £500, but in Bristol it will cost £3,000, with London boroughs charging closer to £4,000. LPAs advertise costs on their websites, and fees will need to be paid prior to the meeting.
Why is it good for EIA?
Best practice in EIA calls for early consultations, and experienced EIA practitioners will see clear parallels between the nature of the pre-app, and the information required. A key opportunity to engage with the LPA, this should be seen as a precursor to the screening stage of a project to garner information about the site and understand key local issues such as land designations, politics and community concerns. These can inform a subsequent scoping report to ensure greater accuracy, and focus of the forthcoming environmental statement (ES).
With the emerging guidance stemming from the new EIA directive clearly calling for more proportionate assessment, the pre-app offers a pathway to achieve this.
The information required at pre-app also mirrors very closely the information required to be submitted as part of an ES, so it provides an early opportunity to begin evolving the design. This may be particularly useful if your client falls into the “reluctant developer” category, and is intent on developing their plans as late as possible in the process.
By instigating the pre-app, you are also opening the information pipeline for the project to allow a smooth two-way flow between the developer, and the competent authorities.
A further benefit of the pre-app is that often allows the LPA to act as a facilitator in contact with public bodies such as Natural England and the Environment Agency. Often, planning officers will have close working relationships with the individuals from these organisations, and can help negotiate the proposals through the process. This can particularly useful when you are operating in a new region, and are not familiar with the local personalities.
In conclusion, the pre-app process fits very well with the EIA process, with information and processes closely mirroring one another. This benefits the project since it allows key information to be incorporated at an early stage, and can act to kick start the design process.
