Protocol for Pre-application enquiries

The council can provide you with advice and information if you are considering a development proposal and welcomes discussions before you submit a planning application – whatever it is for. This is called the Pre-application Enquiry Service.

Pre-application engagement is promoted through Government guidance within the National Planning Policy Framework:

“Early engagement has significant potential to improve the efficiency and effectiveness of the planning application system for all parties. Good quality pre-application discussion enables better coordination between public and private resources and improved outcomes for the community.”

The purpose of this guidance is to clearly identify how prospective applicants can obtain constructive pre-application advice to identify any key issues that should be addressed as early as possible.

We want to adopt a responsive, adaptable project management framework for handling preapplication enquiries, working collaboratively with you to provide timely, consistent and clear advice to improve the quality of the decision-making process.

This pre-application advice is referred to in Wirral as the Pre-application Enquiry Service. For any further information, please email: planningapplications@wirral.gov.uk.

We will ensure that (where possible) the case officer dealing with your pre-application enquiry will be the case officer on your planning application.

Why make a pre-application enquiry?

• opportunities are identified for scheme improvements at a stage when a proposal can still be modified, resulting in higher quality developments
• the likelihood of gaining planning permission is significantly increased
• there is more opportunity to coordinate investment
• the process helps to communicate the vision and objectives for the area
• a shared understanding of constraints, opportunities and context is developed
• information requirements are agreed and schemes which are unlikely to be supported are identified
• timescales and administrative processes are established and explained
• delays through early engagement of key parties are reduced

What range of skills can the council bring together?

The council can bring together the following professionalisms, as and where necessary:

• Development Management
• Planning Policy
• Environmental Specialists (covering such issues as heritage and conservation, historic buildings, archaeology, trees)
• Economic Development and Regeneration
• Highways
• Environmental Health and Protection
• Building Control
• Strategic Housing
• Property Management
• Education
• Legal
• Leisure and Recreation
• Tourism

In addition to the above disciplines, the council may also seek to encourage the involvement of external agencies and bodies for particular proposals, as required, and depending on the nature of the proposals being considered.

What can you expect from the council?

The council has established new processes and standards to optimise the benefits of the service you will receive. These service options are householder, standard, standard+ and specialist.

Householder service

This pre-application service is for householder applications only and primarily for works to a residential dwelling which would fall outside permitted development rights. This service is useful to establish the acceptability of a householder development proposal with early consideration of the potential impacts on neighbouring residential amenity, visual amenity, and highway matters.

The pre-application service includes a desk-based study and a formal written response. Applicants are strongly advised to submit photographs of their property and neighbouring properties within the pre-application submission.

Should it be deemed that the proposals are likely to comply with permitted development rights, this will be communicated in the pre-application letter and the submission of a lawful development certificate for formal confirmation would be advised.

A pre-application response will be issued within 20 working days of receipt of the pre-application request. This is increased to 30 working days where additional third party specialist advice is required.

Standard Service

This new streamlined pre-application service includes a desk-based study with no site visit or pre-application meeting to expedite the process and provide greater clarity of the development potential of a site for applicants from the onset.

This service is useful to establish the principle of development, acceptability of land uses and/or for development proposals, which are unlikely to be contentious. This service is not suitable for Major applications.

A pre-application response will be issued within 20 working days of receipt of the pre-application request.

Standard + Service

This extended pre-application service includes one site visit and one pre-application meeting to provide an opportunity for the applicant to present and discuss their proposals with the council’s planning officers.

The Standard + service is for sites with a complex planning history, fall within a designated Conservation Area (excluding listed building works), Minors and Major development proposals.

The Wirral’s Local Lead Flood Authority (LLFA) will provide advice on draining and/or flood matters for all Major development proposals as part of the Standard + pre-application service.

A pre-application response will be issued within 30 working days of receipt of the pre-application request unless a longer period is agreed with the applicant.

Specialist service

This pre-application service must be sought where specific technical advice is required to assess minor, major, and other proposals from an environmental and/or heritage (listed building works) specialist.

The service includes one site visit, one ‘Standard +’ pre-application meeting and the cost of an additional technical pre-application meeting with the following services where necessary:

• MEAS pre-application service:
• Wirral’s Urban Design advice
• Wirral’s Conservation (Listed Buildings only) advice

A pre-application response will be issued within 40 working days of receipt of the pre-application request, or no later than 10 working days following receipt of comments from the third-party specialist consultee

The target response for providing a pre-application request does vary dependent on the pre-application service requested, complexity and reliance of third parties. Notwithstanding the above, and the LPA will always seek to issue all pre-app responses within 2 calendar months following receipt unless agreed otherwise.

Where requested and necessary, the LPA will provide follow up pre-application meetings at an additional cost. The timescales for issuing a pre-application response for a follow up pre-application meeting are as per the above referenced timescales for an initial pre-application submission.

Where specialist consultees advise that further information and meetings are required beyond the initial pre-application meeting service, there may be a requirement for additional pre-application meetings at an additional cost outside of the above mentioned pre-application fee schedules.

The Planning Performance Agreement (PPA) service is also strongly recommended for Major Planning Applications. The PPA process can be discussed at the closing stages of an initial pre-application meeting once it has been established that development proposals are either acceptable in principle; or the LPA without prejudice have a degree of confidence that a departure from the plan maybe justifiable.

Community and member engagement

Wirral Borough Council promote early engagement with elected members, amenity groups and local communities for large scale and/or contentious development proposals.

Where necessary and appropriate, council officers provide confirmation of the key stakeholders for engagement as part of standard + and specialist pre-application services.

In accordance with the National Planning Policy Framework (NPPF), it is also strongly advised that local communities are engaged in design and style of emerging schemes, as it is important for clarifying expectations and reconciling local and commercial interests. Applicants should work closely with those affected by their proposals to evolve designs that take account of the views of the community during the pre-application stage. Applications that can demonstrate early, proactive and effective engagement with the community will be looked upon more favourably by the Local Planning Authority than those that cannot.

What will be expected from you?

It is difficult for the Council to give useful advice if applicants’ proposals are vague and speculative.  Therefore, in order for the Council to consider development proposals and provide a comprehensive response, all enquiries should be submitted on the Pre-application Enquiry form (available from the Council or from our website) together with the following information:

a. A description of the proposed development and schedule of proposed uses
b. A site location plan (scale 1:1250). 2 named roads should be noted on the plan
c. Photographs and sketch drawings showing the site, buildings and trees as existing, together with the schedule of uses.
d. Photos of the roof and soffits of any existing building on site to aid bat assessment
e. Outline of proposal (on plans scale 1:200).
f. A site/block plan (to scale).
g. Description of the development. Details of any features or buildings within the site including trees or water courses
h. The relevant pre-application fee.

If further information is needed, we will contact you and explain what is required and why it is needed.

The pre-application service is confidential, and the proposals and LPA response will not be published on the Council’s website. However, if the Local Planning Authority receives a request, under the Freedom of Information Act (FOI) or Environmental Information Regulations (EIR), to disclose information relating to this pre-application enquiry they are obliged to do so unless the information is deemed exempt under the FOI or EIR Acts.

We can only withhold information under FOI or EIR if the information falls under one of the exemptions (FOI) or exceptions (EIR) set out in legislation for commercially sensitive information.

Where we cannot agree with you on the sensitivity of the information you submit then you will be given the option not to proceed with the pre application. The council maintains compliance to the Data Protection Act and we will not release any personal information to third parties.

Is there a charge for this service?

For the service to meet costs, a charge will be levied for the service as per the schedule of fees appended to this protocol. Fees need to be paid upon submission of a pre-application enquiry. Please follow this link for the list of charges:

Link to list of charges

It should be noted there will be additional charges for the developer for services such as design panel reviews and expert environmental advice. For example, the Council uses Merseyside Environmental Advisory Service (MEAS) for advice on ecology and archaeology amongst other environmental issues,. This advice is critical for many schemes in the borough. Any proposals with environmental considerations must therefore apply for pre-application advice under the LPA’s specialist pre-application service.

Any requirement to enter the LPA’s Specialist Pre-application service and/or MEAS pre-application service will be communicated either on receipt of the pre-application request by the council’s validation team or prior to/within the initial pre-application meeting.

Statutory consultees external to the council such as the Environment Agency, Historic England, Natural England are not included within the Pre-application services. Where applicable, developers should therefore be directed to the respective pre-application services of statutory consultees at their own expense.

Where applicants do not engage with the pre-application service of an advised external consultee and obtain specialist advice, the LPA reserve the right to issue a pre-application letter stating that the information provided is insufficient to comment on the acceptability of the development proposals.

The Local Planning Authority reserve the right to not engage with an applicant on the acceptability of a development proposal prior to the determination of a planning application, where the applicant either a) did not obtain formal pre-application advice from the LPA prior to submission; or b) failed to appropriately respond to any issues raised in the pre-application process by the LPA or a third-party consultee.

All minor or major applications which have been submitted without any formal pre-application engagement with the LPA will be determined on the basis of information submitted.

Disclaimer

A response to any pre-application enquiries will not facilitate the granting of planning permission for inappropriate planning proposals which are clearly contrary to planning policies.  The Council is required to take decisions on planning applications in accordance with the Development Plan and other material considerations such as national planning policies.

Any advice given by officers at pre-application stage is not a formal planning decision by the Council as local planning authority.  Officers will give you the best advice possible, based on the information submitted.  The provision of pre-application advice will be offered without prejudice and cannot be held to be binding on the Authority following the submission of a formal planning application, which will be subject to statutory consultation and may ultimately be decided by the Council’s Planning Committee. However, pre-application advice should assist in helping prospective applicants ensure all the relevant and necessary information, including the correct fee, is provided at formal submission stage.  The key to the success of this service will be providing adequate information in advance in order to speed up and smooth the progress of a formal application.

For further information please contact the Development Management service:

• Telephone: 0151 691 8454
• Email: planningapplications@wirral.gov.uk

Planning Performance Agreement (PPA) Service

As part of our enhanced planning service the council now offers the opportunity for applicants to enter into a Planning Performance Agreement (PPA) with the Local Planning Authority.

• PPA Protocol and Fees (PDF, 237KB)

This sits alongside the council’s existing pre-application advice service. A PPA is a project management tool which allows all parties to agree timescales, actions and resources for handling planning applications. PPAs are usually agreed at the pre-application stage and relate to the whole development process, from pre-application planning advice and community engagement to application progress meetings right through to the post decision stage, including the discharge of conditions and site monitoring. PPAs can be used for any type of application but are most effective for major and complex planning applications.

Benefits of a Planning Performance Agreement

The key benefits of a PPA are as follows:

• management of the planning process from inception through to determination, increasing collaboration and reducing risk;
• problem-solving of key issues which are identified at an early stage, reducing timescales and ultimately meaning development is of a higher quality;
• realistic, bespoke timetables with key milestones;
• greater accountability and transparency for all parties;
• partnership working;
• appropriate resourcing;
• continuity and consistency from Wirral Council Planning officers;
• member involvement prior to Planning Committee.

Wirral Council recognises that the successful delivery of development projects requires good working relationships with developers, communities and other stakeholders. Improved communication and transparency can help reduce delays, provide accurate and timely advice and set realistic time frames for determination.