Policy & Procedure Guide: RSPPG_ E067
Title: NETWORK PLANNING: DEVELOPMENT CONTROL MANUAL
Author : Francis Miskelly
Version : 2
Implementation Date: To be effective from the ‘Date Issued Date issued to users:
Classification Level 1: (Title / Key Words)
Network Services, Engineering Services, Network Planning Committee, Development Control, Planning Applications, Private Streets, Street Lighting
Level 2 :
(Directorate/Owner):
Network Services
Level 3: (Roads HQ or HoBU Managed
Function):
Traffic and Development Control Policy Branch
Level 4: (Business Function.)
Development Control / All Staff
Notes
Certification
This document complies with DfI Roads Policy. For Implementation and Issue Dates, see above.
(Signed) Director of Engineering Certification Date: December 2018
TABLE OF CONTENTS
1 INTRODUCTION 7
1.1 Purpose
1.2 Definitions
1.3 Background
1.4 Costs and Benefits
2 DFIROADS POLICY &PROCEDURE 10
2.1. Legislative and Policy Background
2.1.1. The Strategic Policy Framework
2.1.2. The Regional Development Strategy (RDS)
2.1.3. Ensuring a Sustainable Transport Future: a New Approach to Regional Transportation
2.1.4. Planning Authorities 2.1.5. DfI Roads
2.1.6. Private Streets Legislation
2.1.7. Adoption of Determined Private Streets
2.1.8. DfI Roads / Northern Ireland Water Memorandum of Understanding (MoU) 2.1.9. Internal Performance
2.2. Development Control Process 19
2.2.1. Pre-Application Discussions (PAD's) 2.2.2. Types of Planning Permission
2.2.2.1. Outline Planning Permission 2.2.2.2. Reserved Matters
2.2.2.3. Full Planning Permission 2.2.2.4. Schemes of Delegation
2.2.3. Section 26 - Department's Jurisdiction on Developments of Regional Significance
2.2.4. Section 76 - Planning Agreements
2.2.5. Overview of the DC Process within DfI Roads 2.2.6. Development Control Process Guidance Notes 2.2.7. Written Recommendations to Planning Authorities 2.2.8. Additional Guidance Notes (Larger Applications) 2.2.9. Fast Tracking
2.2.10. Transport Assessment Scoping Guidance
2.2.11. Guidelines for Processing Applications requiring a Transport Assessment 2.2.12. Planning Enforcement
2.3. Development Control Checklist 44
2.4. Planning Policy/Guidance Library 45
2.4.1. Strategic Planning Policy Statement 2.4.2. Planning Policy Statements (PPS's)
2.4.3. Development Control Advice Notes (DCAN's) 2.4.4. Permitted Development Rights
2.5. Roads Policy/Guidance Library 48
2.5.1. Director of Engineering Memorandums (DEM's)
2.5.2. Access Requirements for Replacement Dwellings on Main Roads
2.5.3. Planning / DfI Roads DC Consultations - Independent/Direct Negotiations with Applicants/Agents/Consultants (DEM 46/02)
2.5.4. Policy on Advertising Structures over Roads (DEM 53/03) 2.5.5. Private Streets Inspection Fees (DEM 59/03)
2.5.6. Provision for Traffic Signals at Private Entrances (DEM 83/05)
2.5.7. DDA Obligations: Responses to requests for On-street Measures (DEM 86/05) 2.5.8. Criteria for Prioritising the Backlog of Un-adopted Private Streets Sites
2.5.9. Adoption / Maintenance of Retaining Walls and Embankments 2.5.10. DfI Roads Policy and Procedure Guides (RSPPG's)
2.5.10.1. RSPPG E006 : Departures from Standards 2.5.10.2. RSPPG E007 : Relaxation of Standards
2.5.10.3. RSPPG E008 : Geotechnical Certification Procedures
2.5.10.4. RSPPG E026 : Privately Funded Traffic Calming Schemes on Adopted Roads
2.5.10.5. RSPPG S019 Abandonments/Stopping-Ups
2.5.10.6. RSPPG S033 : Private Accesses Onto and Across Car Parks 2.5.10.7. RSPPG S035 : Advertisements Placed Within Road Boundaries 2.5.10.8. RSPPG S037 : Traffic Signs on Unadopted Roads
2.5.11. Technical Approval Process
2.5.12. Guidance on the use of Design Standards in Development Applications 2.5.13. Guidance on the Geotechnical Approval Process in Development Applications 2.5.14. Guidance on the Safety Audit Process in Development Applications 2.5.15. Guidance on Noise Assessment in Development Applications 2.5.16. Crown Development
2.5.17. Protected Routes
2.5.18. Development Through Arches 2.5.19. Provision of Right Turn Lanes 2.5.20. Transport Assessments 2.5.21. Travel Plans
2.5.22. Servicing Plans 2.5.23. Car Parking Impacts
2.5.24. Improvement of Public Roads by Private Developers 2.5.25. Telecommunications Apparatus
2.5.26. Agreements, Licences, Section 76 Agreements, Article 3(4)(c) 2.5.27. Construction of an Access under Art 80 of the Roads Order 2.5.28. Art 80 Applications within Conservation Areas
2.5.29. Planning Applications within Conservation Areas 2.5.30. Flat Conversion Zones
2.5.31. Private Streets Developments and Determinations 2.5.32. Adoption of Back Entries, Remote Footways etc 2.5.33. Use of Negative Conditions
2.5.34. Street Lighting
2.5.35. Developments on Unadopted Urban and Rural Roads 2.5.36. Industrial Estates
2.5.37. Trees/Hedges/Environmental Issues 2.5.38. The Five House Rule
2.6. Planning Appeals 97
2.6.1. Planning Appeals Commission (PAC) 2.6.2. The PAC Decision
2.6.4. Guidance on Giving Evidence
2.7. Creating Places : Achieving Quality in Residential Developments 102 2.7.1. Creating Places
2.7.2. Adoption and Maintenance
2.7.3. Adoption of Streets not yet connected to the Public Road 2.7.4. Improving the Quality of Housing Layouts in N Ireland 2.7.5. Manual for Streets
2.8. Development Control Responsibilities 107
2.8.1. Development Control Responsibilities During Construction Phase
2.8.2. Roles and Responsibilities for Developer Led new works and/or Improvements to Road Infrastructure
2.8.3. Adoption of Private Streets Backlog Sites
2.9. Network Planning Committee and Working Groups 117 2.9.1. Network Planning Committee (NPC)
2.9.2. Working Groups
2.9.2.1. Private Streets Working Group (PSWG) 2.9.2.2. Development Control Working Group (DCWG)
2.10. Development Control Manual Updates and Management 120 2.10.1. Management and Updating of the Manual
3 COLLECTIVE IMPACT ASSESSMENTS 121
3.1 Equality Impact Assessment (EQIA) Section 75 of the N.Ireland Act 1998
3.2 Rural Proofing
3.3 Impact Assessments (IAs)- formerly referred to as Regulatory Impact Assessments
3.4 Lifetime Opportunities – Government’s Anti-Poverty Strategy (replaces New TSN)
3.5 Privacy Impact Assessment
4 REFERENCES (NOT USED) 122
5 APPENDICES (NOT USED) 123
6 CONTROL SHEET -DFIROADS POLICY &PROCEDURE GUIDE E067 124
RSPPG: Network Planning : Development Control Manual
6.1 Document History
6.2 Overall Reasons for this Version
6.3 Revision Details
1 Introduction 1. Purpose
This DfI Roads Policy & Procedure Guide (RSPPG):-
Is mainly aimed at DfI Roads staff working on Development Control and Private Streets matters, in particular those dealing with Planning Applications;
Is also aimed at those DfI Roads staff who are involved in other activities associated with Private Streets or licenced works, e.g. Street Lighting staff who are involved in the management of the provision of street lighting by Private Streets developers.
2. Definitions
Term Meaning
CEF Construction Employers Federation
DC Development Control
DCAN Development Control Advice Note D&CS Design and Consultancy Services DCWG Development Control Working Group DDA Disability Discrimination Act
DEA District Electoral Area
DEM Director of Engineering Memorandum
DfI Department for Infrastructure
DGA Developer Geotechnical Adviser
DLO Divisional Liaison Officer
DMRB Design Manual for Roads and Bridges
EIA Environmental Impact Assessment
ES Environmental Assessment
GA Geotechnical Adviser
HPRM / TRIM HP Record Management System (previously TRIM)
MoU Memorandum of Understanding
NDB Network Development Branch
NIWL Northern Ireland Water Limited
NP Network Planning
NPC Network Planning Committee
NPPS Network Planning Private Streets
PA Planning Authority
PAC Planning Appeals Commission
PAD Pre-Application Discussion
PD Permitted Development
PS Private Streets
PSD Private Streets Determination
PSO Private Streets (Northern Ireland) Order 1980
PSWG Private Streets
RDS Regional Development Strategy
RSPPG Roads Policy and Procedures Guide RTS Regional Transportation Strategy SPPS Strategic Planning policy Statement
TA Transport Assessment
TAA Technical Approval Authority
TAF Transport Assessment Form
TIA Traffic Impact Assessment
TICC Traffic Information and Control Centre
W&SSO Water and Sewerage Services (Northern Ireland) Order 2006
3. Background
1.3.1 An Internal Audit review carried out on the Development Control and Private Streets functions in 2011 identified a number of areas for improvement, including the review and updating of the Development Control Manual into the standard RSPPG format. A subsequent review in 2017 recommended a review and update of the RSPPG to ensure that it remains relevant and reflects current working practices following the introduction of planning reform.
1.3.2 This RSPPG, the Development Control Manual, is issued for the information and guidance of relevant staff. The status of the Manual as DfI Roads policy and guidance is confirmed by this DfI Roads Policy and Procedure Guide.
1.3.3 Its primary function is to advise and guide staff on how to carry out a wide range of Development Control functions within DfI Roads. It explains the processes in words and flow charts, so that it can be used as a learning tool for new or inexperienced development control staff. It also contains broad and detailed check lists to assist experienced development control staff, and to ensure that all roads related aspects of a development application have been addressed.
1.3.4 Under the Planning Act (Northern Ireland) 2011, DfI Roads is a statutory consultee of Planning Authorities and makes recommendations on many thousands of planning applications each year, (e.g. approximately 13,500 in 2016-17.)
1.3.5 This manual refers to many of the relevant Policies, Advice and Guidance contained in the many PPS’s, DCAN’s, DEM’s, RSPPG’s, Circulars, Guidance notes, Transportation and other accepted documents and processes. They identify internal/external consultation to be carried out in connection with a Development Application.
1.3.6 The manual sets out the arrangements for consultations and other planning related activities between DfI Roads and Planning Authorities.
1.3.7 Development Control also has a Client Management role during the construction of a development, particularly major Developments, and this Manual expands on that role.
1.3.8 The manual explains the procedures for processing development control applications within DfI Roads. It does not repeat verbatim, all the Planning and Roads legislation and policy and advice notes where these exist on the Planning Portal (www.planningni.gov.uk) or DfI (www.infrastructure-ni.gov.uk) websites, but highlights the relevant section of each when they reflect or explain the process. Links to the complete legislative, policy and advice documents are given where possible.
1.3.9 This manual is available in full on the Department for Infrastructure website. No hard copies will be produced, although Divisions are free to print as required. Manual updates, revisions, etc, will be processed through the Network Planning Committee (NPC) and where appropriate, by the Network Services Board before being included in the Manual by DfI Roads Headquarters, and then notified to relevant staff.
1.3.10 It should be stressed that, while the Manual is primarily for the use and guidance of staff within the Department, it will be publically available on the DfI website along with all other RSPPGs.
4. Costs and Benefits
1.4.1 The anticipated costs arising from the implementation of this RSPPG are not relevant at this time, as this RSPPG is the formalisation of pre-existing policies and procedures contained in the original Development Control Manual document.
1.4.2 The anticipated benefits deriving from the implementation of this RSPPG are the provision of clear policy guidance for new and existing staff in the areas of development control and private streets; and the use of standard procedures across Divisions.
2 DfI Roads Policy & Procedure
2.1 Legislative and Policy Background
2.1.1 The Strategic Policy Framework
The Strategic Policy Framework (Fig.1) is contained in the current versions of the Regional Development Strategy (RDS), the Regional Transportation Strategy (RTS), associated Belfast Metropolitan Transport Plan (BMTP), Sub Regional Transport Plan (SRTP), Regional Strategic Transport Network Plan (RSTNP) and Development Plans published by Planning Authorities.
Figure 1 - STRATEGIC POLICY FRAMEWORK REGIONAL
TRANSPORTATION STRATEGY
REGIONAL DEVELOPMENT
STRATEGY
VISION SPATIAL DEVELOPMENT
STRATEGY STRATEGIC
PLANNING GUIDELINES
PLANNING POLICY STATEMENTS
TRANSPORTATION &
LAND USE
OTHER PLANNING POLICY STATEMENTS
E.g. PPS 3 ‘Access Movement andParking’
and DfI Supplementary Guidance Transport Assessments
TRANSPORT PLANS / STUDIES
DEVELOPMENT PLANS
The revised RDS, approved by the Executive on 26 January 2012, replaces the Regional Development Strategy that was published in 2001 and amended in 2008. The RDS has a statutory basis. It sets out the framework for the spatial development for the Region up to 2035. The RDS is cross-cutting with linkages to other key government policies and statutory legislation.
The RDS is a key document within the planning system, setting out strategic guidance which is used in the preparation of development plans, planning policy statements and urban regeneration initiatives.
2.1.2.1 Vision and Aims
In broad terms the Strategy aims to take account of the economic ambitions and needs of the Region, and put in place spatial planning, transport and housing priorities that will support and enable the aspirations of the Region to be met. Chapter 2 details the Vision and aims.
The RDS vision is:
“An outward-looking, dynamic and liveable Region with a strong sense of its place in the wider world; a Region of opportunity where people enjoy living and working in a healthy environment which enhances the quality of their lives and where diversity is a source of strength rather than division.”
This is supported by 8 aims:
• Support strong, sustainable growth for the benefit of all parts of the Region.
• Strengthen Belfast as the regional economic driver and Londonderry as the capital of the North West.
• Support our towns, villages and rural communities to maximise their potential.
• Promote development which improves the health and well-being of communities.
• Improve connectivity to enhance the movement of people, goods, energy and information between places.
• Protect and enhance the environment for its own sake.
• Take actions to reduce our carbon footprint and facilitate adaptation to climate change
• Strengthen links between north and south, east and west, with Europe and the rest of the world.
2.1.2.2 The Regional Development Strategy 2035 is the Executive’s overarching spatial planning strategy and includes Strategic Planning Guidance which promotes greater consideration of where people live and work. The Regional Development Strategy 2035 aims to reduce car dependency and the need to travel by people living or working in town and city centres, focusing development in urban areas so that people live and work near the services and facilities they require. It also supports the development of technologies such as broadband which would allow more people to work from home.
2.1.2.3 Chapter 4 of the RDS, Regionally Significant Economic Infrastructure, deals with the main Transportation issues at paras 4.5 – 4.12.
2.1.3 Ensuring a Sustainable Transport Future: a New Approach to Regional Transportation
2.1.3.1 This document sets out the Department for Regional Development’s new approach to regional transportation and particularly future decisions on investment, and should be read in conjunction with the 2002 Regional Transportation Strategy (RTS). Unlike the RTS, the new approach does not include details of schemes or projects. Rather, the Department has set three High Level Aims for transportation along with twelve supporting Strategic Objectives, covering the economy, society and the environment. It shows how strategic transportation interventions can be assessed against these to allow informed decisions to be made on future transportation investment.
It will be used to guide decisions on strategic transportation interventions beyond 2015.
2.1.3.2 The Department will continue to implement the current transport plans until their planned expiry and a new Delivery Plan is published.
2.1.3.3 The new approach to regional transportation complements the Regional Development Strategy and aims to achieve the transportation vision:
“To have a modern, sustainable, safe transportation system which benefits society, the economy and the environment and which actively contributes to social inclusion and everyone’s quality of life”
2.1.3.4 The new approach starts with the assumption that the decision to travel has been made.
It seeks to provide the infrastructure and services that will ensure that travel and transport are as sustainable as possible.
2.1.4 Planning Authorities
2.1.4.1 Planning Authorities in Northern Ireland, including Councils and DfI Strategic Planning, rely on the input of advice and information from a number of consultee Agencies and organisations, including DfI Roads; much of it is crucial to the delivery of key performance targets and work programmes.
2.1.4.2 The planning system exists to regulate the development and the use of land in the public interest. Planning Authorities are responsible for developing, and implementing planning policies and development plans in Northern Ireland.
2.1.4.3 The planning system provides society with a way of controlling how we use land, what we build and where we build it. Planning Authorities administer a development management system (equivalent to DfI Roads’ Development Control system) to make sure that a proposed development conforms to the development plan, current planning policies and other "material" considerations.
Decisions on whether to allow proposals to build on land or change the use of buildings or land its use are made by the Planning Authority. In determining whether or not to grant planning permission, the Planning Authority will refer to a number of planning policy documents which include the Regional Development Strategy, Planning Policy Statements, A Planning Strategy for Rural Northern Ireland, Development Plans and Supplementary Planning Guidance such as Development Control Advice Notes and Design Guides. In carrying out its statutory functions, DfI Roads is a Consultee of Planning Authorities.
2.1.4.4 The Planning Act (Northern Ireland) 2011 received Royal Assent on 4 May 2011. It provided for the transfer of the majority of planning functions from central government to the 11 new councils, and also brought forward a number of reforms to the planning system. The transfer of planning functions to Councils took effect on 1 April 2015.
2.1.4.5 Current Planning policy and guidance relevant to Development Control is summarised in Section 2.4 of this Manual.
2.1.5 DfI Roads
2.1.5.1 DfI Roads is the statutory road authority for Northern Ireland and derives its responsibilities from provisions of the Roads (NI) Order 1993, the Road Traffic (NI) Order 1995, the Private Streets (NI) Order 1980 and other relevant legislation. Its primary functions are to manage, maintain, develop and improve the public road network, implement appropriate road safety and traffic management measures, and provide, operate and maintain street lighting and on-street car parking.
2.1.5.2 Current Roads policy and guidance is summarised in Section 2.5 of this Manual.
2.1.6 Private Streets Legislation
2.1.6.1 Private Streets legislation is designed to protect householders and ensure that streets in new developments are completed to the proper standards. The current legislation is contained in
The Private Streets (NI) Order 1980 and
The Private Streets (Amendment) (NI) Order 1992.
2.1.6.2 The associated Private Streets Construction Regulations apply as follows:
1966 Regulations (apply to sites determined prior to 11 May 1994)
1994 Regulations (apply to sites determined after 11 May 1994)
2001 Regulations (apply to sites determined after 1 May 2001).
There are 6 parts to the Private Streets Order 1980. The key areas as regards Development Control functions are as follows.
2.1.6.3 PART 1 - INTRODUCTORY
Definitions must be strictly applied. In particular “Streetworks” relates only to works for the sewering, levelling, paving, channelling and making good of a street, including provision of a proper means of lighting.
NB: Article 11 enforcement can only be used in relation to “Streetworks”. Other defects, such as service strip infringements and visibility splays cannot be remedied by Article 11 enforcement.
The 5 house rule* has no legal standing and is therefore flexible within a reasonable interpretation of Article 3(1), (… consists of or includes or appears to require the laying out or construction of streets, the Department shall determine…).
2.1.6.4 PART 2 – LAYING OUT AND CONSTRUCTION OF STREETS
Article 3(1) is the main underlying principle for the Private Streets legislation. If a street is not determined through the Planning Authority, then the Private Streets Order does NOT apply, except under Article 9.
Article 4(4) brings together the powers of the Planning Act and the Private Streets (Northern Ireland) Order to deal with failure to provide a street for which planning permission has been granted. Responsibility for enforcing non-compliance with determination lies with the Planning Authority. Enforcement of construction standards is responsibility of DfI Roads.
Article 5 gives the Department authority to make the Construction Regulations.
* See Section 2.5.39 for further advice/guidance on “the 5 house rule”
2.1.6.5 PART 3 – ADOPTION OF PRIVATE STREETS AS PUBLIC ROADS
Articles 7 & 8 deal with the adoption of determined streets. Article 8 is used in the main as most streets are now bonded under Article 32 agreements which give the Department powers to force the Developer to remove Service Strip infringements, or indeed to remove them ourselves. Streets determined and provided under Article 32 agreements MUST be adopted when they are properly completed. Article 24 agreements give an option for the streets to remain private, subject to the Department’s agreement on completion of the street to the Department’s standards. Article 24 agreements do not provide recourse for service strip violations. Criteria for assessing when Article 24 agreements can be used has not yet been produced, however, such requests should not be considered where the street may perform a through route function. Article 24 agreements may be substituted for Article 32 agreements.
Article 10 states that road drains outside the determined area are also adopted e.g. outfalls to a stream. This refers to road drainage only and does not include a development’s storm drains, which will normally be adopted by Northern Ireland Water Limited (NIWL).
2.1.7 Adoption of Determined Private Streets
2.1.7.1 There will occasionally be problems with the progress of construction on some development sites, and DfI Roads Network Planning staff will be involved with enforcement action under the Private Streets Order, e.g. through the issue of Article 11 notices, requiring a developer to take appropriate action to complete the roads on a site.
2.1.7.2 A number of sites have not progressed satisfactorily, and a prioritisation method has been agreed, to allow divisional staff to prioritise work on these sites. Details of how sites are prioritised are set out in Director of Engineering Memorandum DEM 144/12: ‘Criteria for Prioritising the Backlog of Un-adopted Private Streets Sites’
2.1.8 DfI Roads / Northern Ireland Water Memorandum of Understanding (MoU)
2.1.8.1 The most recent version of the “Memorandum of Understanding of Shared Responsibilities between DfI Roads and NI Water Ltd for the Adoption of ‘Private Streets’
Developments” was agreed in October 2017. The memorandum can be found in the HPRM records system under reference number IN1/17/610796.
2.1.8.2 The purpose of the Memorandum is to set out the basis on which DfI Roads and Northern Ireland Water will share responsibilities and provide information to each other in relation to the adoption of roads and vesting of sewers and lateral drains in private housing developments. The Memorandum is necessary because in most developments the road surface drains connect into the sewerage system so both organisations must be satisfied that the roads and the sewers are satisfactorily constructed and serviceable before adoption. Although it is not legally binding, both parties have agreed to act in accordance with the Memorandum.
2.1.8.3 An appendix to the Memorandum clarifies the adoption responsibilities of road drainage assets by both organisations.
2.1.8.4 The Construction Employers Federation (CEF) has been kept informed of the terms of the Memorandum.
2.1.8.5 The Memorandum should be implemented for all developments where the Private Streets (Northern Ireland) Order 1980 applies, including developments carried over from pre-April 2007.
2.1.8.6 The current full Memorandum is available in the Department for Infrastructure HPRM records system under reference number IN1/17/610796, but the main points are as follows:
Articles 161 of the Water and Sewerage Services (Northern Ireland) Order 2006 (hereafter referred to as W&SSO) provides the power to NIWL to agree to vest at a future date i.e.
adopt sewers, lateral drains and works in a new housing development and to specify, in an advance agreement with the developer, terms and conditions for their construction (hereafter referred to as an Article 161 Agreement). NIWL has agreed with the CEF that all sewers in developments approved by NIWL under Article 161 of the W&SSO will be adopted by NIWL on satisfactory completion.
Articles 7 and 8 of the Private Streets (Northern Ireland) Order 1980 (PSO) provide the power to the Department to adopt the private streets in a new housing development as public roads. Articles 24 and 32 of PSO specify that the Department shall make an advance agreement with the developer setting out the terms and conditions for the road layout and construction (hereafter referred to as a PSO Agreement). This function is carried out on behalf of the Department by Roads staff.
When private developers have obtained planning permission to build houses and wants the proposed roads and sewers to be adopted for future maintenance, they must first seek Approvals and make Agreements with DfI Roads and NIWL before starting construction work. A refundable road bond has to be secured with the Department and a sewer security with NIWL. The security may be a cash deposit or a payment guarantee. The bond / security are intended to offset the cost of remedial works should the developer fail to
If the developer decides to keep his site private then a separate storm drain and approved outfall will be required.
DfI Roads and NIWL independently inspect the development during construction and if satisfied, will release the bond and security in stages. On final agreement with the construction and serviceability of the sewers and after a 1-year maintenance period, NIWL issues a final certificate of adoption of the sewers and releases 95% of the security amount.
DfI Roads issues a final certificate of adoption of the roads and releases the full bond amount 1 year after satisfactory completion of the roads. NIWL then releases the full security amount after DfI Roads has adopted the roads.
On the basis of legal advice from Departmental Solicitors, DfI Roads does not have discretion to refuse to adopt a street that has been provided in accordance with a PSO Agreement. Where the sewers have not already been vested in NIWL under an Article 161, and the developer has made a formal application to NIWL, and NIWL does not respond with in the stipulated period, DfI Roads will inform NIWL of its intention to adopt the roads within 28 days.
The developer consults with NIWL on the layout of the proposed foul and storm water sewers including waste water pumping station works and associated pipework, and NIWL will notify DfI Roads if the developer decides to keep site drainage private.
NIWL collects sewer administration fees from the developer for the costs of inspections during the various stages of the process. In the case of old Article 17 (4) Agreement sites, pre April 2007, where DfI Roads administered the bond on behalf of NIWL, sewer inspections will be carried out by NIWL staff and NIWL may seek to recover costs from DfI.
For developments with outstanding Article 17(4) Agreements, and where the developer has defaulted, the Department will consider, on a case by case basis, whether it should exercise its powers under the Private Streets (Northern Ireland) Order 1980. Where it decides to do so, the Department may request NIWL to carry out remedial works on its behalf and will recover the cost from the bond under the PSO. If the bond amount is insufficient to cover the costs, it will consider instigating court proceedings against the developer to recover the costs. NIWL will provide DfI Roads and the solicitors with all necessary evidence and witnesses to support any such court case.
The Memorandum details the requirements for preliminary and final adoption of the sewers and roads, and the amounts to be released at the different stages, and should be referred to for further information and guidance.
2.1.9 Internal Performance
2.1.9.1 Following the transfer of planning functions to Councils, DfI Roads has sought to engage with councils to establish a new Heads of Agreement which would set out the roles and
2.1.9.2 The current internal target for statutory consultation responses is:
Reply to 80% of statutory consultations with 21 calendar days.
2.2 Development Control Process
2.2.1 PRE-APPLICATION DISCUSSIONS (PADs)
2.2.1.1 Part B of Development Management Practice Note 10: ‘Pre-Application Community Consultation (and Pre-Application Discussions)’ sets out the non-statutory Pre-Application Discussion process and outlines procedures and good practice.
2.2.1.2 Development Management Practice Note 10 states that Planning Authorities should encourage and welcome pre-application discussions for all types of proposed development.
2.2.1.3 In summary, a PAD is a separate and distinct advisory process controlled by the Planning Authority. It does not bind them in making their formal decision at the regulatory stage, following public consultation with all interested parties and formal consultation as required. It is important to stress therefore that all PAD advice is given without prejudice to the formal consideration of a planning application. This is because other information may arise from consultations, third party representations or policy changes during the regulatory determination process. However, it is expected that any variations from the general advice offered at the PAD would be unusual.
2.2.1.4 A PAD will allow the identification of potential policy constraints and other material issues which need to be addressed by the developer at an early stage.
2.2.1.5 As part of the PAD process, DfI Roads should:
Ensure that any consultation and correspondence is recorded using the Planning PAD reference number in the DC database:
consult area plans for Key Site Requirements including
o Transportation issues o Future road projects o Walkways / Cycleways o Safer Routes to Schools o Cycle routes
Identify related technical issues and allow for discussion e.g;
o Is a Transport Assessment or junction analysis required?
o Arrange meeting to agree scoping studies to allow time to consider the project o Sight splay requirements
o Footway/Cycleway connections
o Road widening/realignment (e.g. will DMRB standards apply?)
o Ensure housing layouts are designed within “Creating Places” parameters o Parking and servicing
o Impact of future infrastructure works / major applications
Figure 2 - The PAD Process
PAD STAGE
Planning Authority consults DfI Roads on proposal and then advises the agent of scoping requirements for TA and design information requirements (engineering drawings, safety audit etc).
APPLICATION STAGE
TA and design information is submitted to Planning Authority.
PAD STAGE
Agent submits scoping to Planning Authority.
PAD STAGE
Planning Authority consults DfI Roads on scoping.
PAD STAGE
Process repeated until scope is clarified and agreed.
APPLICATION STAGE
Planning Authority consults DfI Roads.
APPLICATION STAGE
Planning Authority forwards the review to the agent and if appropriate advises of intention to determine application.
APPLICATION STAGE
DfI Roads review TA and design information with regard to the agreement reached at PAD stage – target response time for DfI Roads is 21 calendar days. Response to be comprehensive (i.e. take account of all DfI Roads internal consultations) and include refusal reasons if there are significant, unacceptable departures from the agreed scope.
APPLICATION STAGE
Process repeated or application determined.
PAD STAGE
DfI Roads responds to Planning Authority with scoping review. Target response time is 30 working days.
PAD STAGE
Planning Authority responds to agents on scoping review.
2.2.2 TYPES OF PLANNING PERMISSION 2.2.2.1 Outline planning permission
An application for outline planning permission establishes the principle of development and as such detailed plans will not normally be required although this is largely dependent on the nature of the application.
Outline planning applications can only be made when the proposal involves the erection of buildings.
Outline applications cannot be accepted for change of use developments.
The purpose of outline planning permission is to determine in principle the acceptability of a proposal to build on any particular site without the applicant having to bear the cost of having fully detailed plans prepared. Where an outline planning permission is granted it is conditional on the subsequent approval by the Planning Authority of the details of the proposed development which are known as the “Reserved Matters” (see below).
In most instances, Planning Authorities will be able to determine outline planning permission from the submission of a site plan. However there are occasions where the Planning Authority will require further information before it can grant outline planning permission. For example, in relation to the proposal for a shopping development it may be necessary to ensure that the appropriate on-site car parking standards can be achieved and a site layout plan will therefore be requested to show how this could be done. If there is any doubt that a site is capable of accommodating the proposed development further details should always be sought.
Where an outline application is accompanied by plans giving some detail of the proposed development, for example the siting of buildings or access details, these will form part of the permission unless the applicant has made it clear that they are purely illustrative and that he is not seeking a determination and respect thereof at this stage. Where such details are incorporated in an outline planning permission, then both applicant and planning authority are bound by them. This should always be made clear in any consideration of the road aspects of a planning application.
It should be noted that additional conditions relating to the principle of the development such as the provision of car parking cannot be subsequently imposed at reserved matters stage. Careful attention must therefore be given to conditions when dealing with the outline planning application.
Such conditions should set out clearly and precisely the requirements which the applicant must meet in seeking the approval of reserved matters.
2.2.2.2 Reserved Matters
Once a development proposal has received outline planning permission, a reserved matters application should be submitted to receive permission for the details of the proposal or 'reserved matters' before work can start.
The reserved matters application should fully comply with all the conditions attached to the outline permission and should be submitted within 3 years of outline permission being granted.
A reserved matters application will require the submission of detailed plans and drawings to include details such as the siting, design and external appearance of the development, the means of access to the development and landscaping of the proposal.
The application for the approval of reserved matters shall be in writing and shall give sufficient particulars to identify the outline permission to which it relates, and shall include all particulars as are necessary to deal with the matters reserved in the outline permission. When dealing with such an application the Planning Authority’s consideration is restricted solely to those matters which are reserved for approval, and it may not seek to reconsider any aspects of the principles of the development. Reserved matters may only be refused therefore on grounds pertaining directly to those matters. Where submission of reserved matters is clearly not in accordance with the outline planning permission to which it relates, the Planning Authority should be advised and requested to ask the applicant to either submit a fresh planning application or a new reserved matters
application in accordance with the terms of the existing permission.
2.2.2.3 Full Planning Permission
Full applications must be made for the following types of development:
Applications for retrospective planning permission;
For a change of use of land or buildings;
The carrying out of mining, engineering or operations other than building operations.
Where an application is made for full planning permission it should always include all the
particulars needed to describe the development in such a way that when permission is granted the development can proceed immediately.
2.2.2.4 Schemes of Delegation
Schemes of Delegation are where decision-making for local applications are delegated to an appointed officer rather than the council, thereby enabling speedier decisions and improved efficiency.
Delegated Planning Applications
The Chief Planning Officer is authorised to determine all planning applications that fall within the
‘Local’ category of development, applications in relation to tree preservation and those which relate to the issuing of consents and approvals, with the following exceptions:
An application recommended for refusal;
Applications which are significantly contrary to the development plan and which are recommended for approval;
Applications attracting six or more material planning objections from different addresses where the officer’s recommendation is for approval;
Applications attracting a material planning objection from a statutory consultee, where the officer’s recommendation is for approval;
An application which the Chief Planning Officer considers should be brought before and decided by the Planning Committee;
Applications referred to the Planning Committee by a Member of the Council who represents the DEA in which the land to which the application relates is situated, although in exceptional circumstances members from outside the DEA may be permitted to request the referral of an application to Committee . Any such referral, or request for referral where the application is not in the Member’s DEA, must be made in writing to the Chief Planning Officer within 25 days of receipt of the application and accompanied by a material planning reason;
Applications which are submitted by members of staff directly involved in the consideration of planning applications and officers of the Council at the level of Head of Service or above.
Delegation of Enforcement Matters
The Chief Planning Officer is authorised to carry out the enforcement responsibilities set out within The Planning Act (Northern Ireland) 2011, together with all regulations and orders made under the said legislation, on behalf of the Council.
Determination of Other Planning Matters
The following functions are also delegated to the Chief Planning Officer:
The issuing of a certificate of lawful use or development;
The making of a non-material change to a planning permission;
The issuing of a correction notice;
The screening of and determination decisions on development proposals required under the Environmental Impact Assessment or Habitats Regulations;
Executing works in default of compliance with any notice or order or in an emergency, where empowered by statute, and recovering the costs of so doing;
Temporary listing of buildings in urgent cases;
Lodging objections, in consultation with the Chief Executive, in relation to local planning applications where the Council has been notified as part of the neighbourhood notification
Generally carrying out all other statutory powers connected to the exercise of the planning functions which have been conferred upon the Council which are not specifically provided for within the Scheme of Delegation.
2.2.2.5 Planning Applications that must be determined by the Planning Committee
The Planning Act (NI) 2011 and the Planning (Development Management) Regulations (Northern Ireland) 2015 state that the following categories of application cannot be delegated to officers:
Applications which fall within the ‘Major’ category of development;
An application for planning permission where the application is made by the Council or an elected member of the Council;
The application relates to land in which the Council has an interest or estate.
2.2.3 SECTION 26 – THE DEPARTMENT'S JURISDICTION IN RELATION TO DEVELOPMENTS OF REGIONAL SIGNIFICANCE
2.2.3.1 Section 26 of the Planning Act (Northern Ireland) 2011 supersedes the previous Article 31 legislation that applied to special procedures for major planning applications. (Useful background information can still be found in Information Leaflet 8: Handling of Major Planning Applications:
Article 31 Cases, which describes the previous Article 31 process is available on the Planning Portal site https://www.planningni.gov.uk/leaflet08_article31 )
2.2.3.2 In summary, Section 26 of the Planning Act (Northern Ireland) 2011 enables the Department to deal with planning applications of regional significance under special procedures, where they consider that the development for which the permission or approval is sought would, if carried out:
be of significance to the whole or a substantial part of Northern Ireland or have significant effects outside Northern Ireland, or
involve a substantial departure from the local development plan for the area to which it relates.
2.2.3.3 Major infrastructure projects may fall into this category. Major infrastructure projects comprise proposals for the provision of major transportation and service infrastructure by both the public and the private sectors.
2.2.3.4 Where the Department considers that any or all of the circumstances described above are satisfied it may decide to apply the Section 26 procedures. In deciding whether to apply the Section 26 procedures to specific planning applications, the Department will consider, among other things:
• The strategic significance of proposals
• The environmental effects of proposals, and
• The scale and nature of proposals
2.2.3.5 In deciding whether to apply Section 26 procedures to specific projects, the Planning Authority will take account of the scale of the proposals and their significance in contributing to the implementation of the Regional Development Strategy (RDS). Large developments involving industrial mixed retail use, retail food, leisure/recreational uses also may fall into the Section 26 category.
2.2.3.6 The Planning Authority will, only in exceptional circumstances, apply Section 26 procedures to exclusively housing proposals. The RDS sets limits to housing growth by Council area, and Area Plans allocate this growth to specific locations. Lands zoned and left unzoned in development plans are tested through the public inquiry process. In consequence, the Planning Authority considers that planning applications for housing can be effectively judged against current plans and policies.
2.2.3.7 The procedures involved in the processing of a planning application provide the Planning Authority with substantial information on the nature of the proposal; any impact on the environment and the amenity of residents; and the views of the public and elected representatives.
2.2.3.8 The vast majority of applications, including Section 26 cases, can be determined on the basis of current plans and policies, taking account of the views of consultees, the public and elected representatives.
2.2.3.9 In practice, most Section 26 (previously Article 31) applications in the past have been dealt with by Notice of Opinion, indicating that the Planning Authority proposes to either grant or refuse planning permission.
2.2.3.10 However, the Department may cause a public local inquiry to be held where it is considered that the inquiry process will provide additional information to inform the Department in making a final planning decision.
2.2.4 SECTION 76 PLANNING AGREEMENTS
2.2.4.1 Section 76 of the Planning Act (Northern Ireland) 2011 supersedes the previous Article 40 legislation, and empowers the relevant authority to enter into agreement with any person who has an estate in land for the purpose of facilitating, regulating or restricting the development of that land.
Such Planning Agreements, which are normally tied to a Planning Permission, are binding on future owners or occupiers of the land. Planning Authorities would generally prefer to impose planning conditions rather than entering into a Planning Agreement, as they are normally easier to administer and are subject to appeal.
2.2.4.2 Planning authorities can also use planning agreements to overcome obstacles to the granting of planning permission where these cannot be addressed through the use of conditions. A planning agreement may facilitate or restrict the development or use of the land in any specified way, require operations or activities to be carried out, or require the land to be used in any specified way. An agreement may also require a sum or sums to be paid to the relevant authority or to a Northern Ireland Department. A breach of a planning agreement may be enforced by way of a court injunction.
2.2.4.3 A planning agreement may be considered appropriate where what is required cannot be adequately addressed by the imposition of conditions and:
is needed to enable the development to go ahead;
will contribute to meeting the costs of providing necessary facilities in the near future;
is otherwise so directly related to the proposed development and to the use of the land after its completion, that the development ought not to be permitted without it;
is designed to secure an acceptable balance of uses;
is designed to secure the implementation of development plan policies in respect of a particular area or type of development; or
is intended to offset the loss of, or impact on, any amenity or resource present on the site prior to development.
2.2.4.4 A developer will be expected to pay for, or contribute to, the cost of infrastructure that would not have been necessary but for the development, or which needs to be rescheduled to facilitate the development.
2.2.5 OVERVIEW OF THE DEVELOPMENT CONTROL PROCESS WITHIN DFI ROADS 2.2.5.1 The Planning Process
Planning Authorities rely on the regular input of advice and information from a number of other agencies and organisations. These are called Consultees.
As a consultee, DfI Roads provides specialist information and transportation advice to Planning Authorities on roads related matters associated with proposed development and through the development of planning policy statements, development plans and supplementary planning guidance.
Planning applications are received initially by Planning Authorities. The application is firstly validated to ensure that the proper information has been provided by the applicant and sufficient information is provided to process the application. The Planning Authority adds details of other applications in the same area and these are known as site histories. Site histories allow DC staff to see what decisions were made, and the reasons, with other applications in the area.
The file is then sent electronically to DfI Roads via the NI Planning Portal (formerly known as the ePIC system).
There is a point of contact for Consultees who have any operational issues regarding the NI Planning Portal, as follows:
Telephone No: IT Assist on 0300 1234 155; or
E-Mail I.T Assist: [email protected]
The application site boundary including visibility splays should be outlined by a red line. Any other adjoining land owned or controlled by the applicant should be outlined in blue.
DfI Roads examines the planning application from a number of different aspects. These are contained in more detail within this section of the manual. They include Road Safety, Transportation, Traffic Progression, parking provision etc, depending on the type of application.