What's new in Planning

Community Infrastructure Levy (CIL) rates from 1 January 2020

In line with the CIL Regulations, as updated in September 2019, a new CIL Index rate will be applied to the adopted CIL rates with effect from 1 January 2020.  Application of indexation means that rates will increase by 5% from 1 January.  These new rates will be applied to any planning permissions granted, or CIL liable permitted development which commences, during the calendar year of 2020.  Information on the new rates and how they have been calculated is set out in the ‘Annual CIL Rate Summary’ which is available on the Councils website at www.cornwall.gov.uk/cil. The adopted CIL Charging Schedule should still be referred to for detailed information.

The Planning Service is unable to accept plans which are taken from the Cornwall Council Mapping web pages i.e. anything with the Cornwall Council watermark or the Cornwall Council licence number across the bottom. This infringes the copyright and does not adhere to item 15 of the Cornwall Council website terms of use.

Please also note that where an Ordnance Survey based plan is being submitted for planning purposes the copyright and licence number must be shown.

Please note from 20 January 2020, Planning applications will be advertised in local newspapers on a fortnightly basis. There will be no change to the types of applications we advertise.

The new draft Cornwall Design Guide and draft Streetscape Design Guide are being consulted on until Monday 2 March 2020.  Full details of the documents and how to respond are set out at www.cornwall.gov.uk/designguide

The new Design Guide refreshes the current guide to boost design quality, with particular emphasis on environmental growth, health and wellbeing, inclusivity and climate change resilience.  It strongly encourages applicants to consider the site context, to engage with stakeholders and Cornwall Council from the outset and to demonstrate how the analysis and feedback have shaped the proposals.  The document has an interactive format with a new Design & Access Statement template and links to additional information and resources.

The accompanying draft Streetscape Design Guide will support the new Design Guide on transport issues and the policy set out in Connecting Cornwall: 2030 Local Transport Plan.  It has been prepared by the Transport & Infrastructure Service in discussion with the Planning & Sustainable Development Service.  The guide recognises that the infrastructure provided for movement and access has a crucial role in meeting the climate change emergency objectives including reducing our reliance on the private car.

The consultation responses will be used to finalise the documents which are due to be published in the Spring.

Cornwall Council is consulting on a guide to planning contributions and Health Care Provision in relation to primary care premises.

This guidance note sets out Cornwall Council’s position on the collection of financial contributions to help mitigate the impact of development on Health Care Provision where need is identified. It relates only to Primary Care Services. The note has been developed to assist the assessment of whether a need will be created as result of development and how any charge will be calculated and applied. The note will be adopted at the end of the consultation period ending on 31 January 2020, subject to any amendments which may be required to respond to representations made during that period. 

Please send your comments on the guidance to localplan@cornwall.gov.uk by 31 January 2020.

Most applicants and agents are now aware that Cornwall Council's Planning Service no longer accepts plans which contain the phrase 'Do Not Scale'.  This was introduced in January of this year with the introduction of the updated Validation Guide and this is consistent with other Local Authorities.

We are aware that this has caused some difficulties for our applicants and agents and that there has been a inconsistent approach. Therefore until the 31 December 2019 an application will not be invalidated for the removal of 'Do Not Scale' on plans but instead this information can be provided within 14 days of validation. Please note that if the revised plans are not provided it will delay any decision being issued.

From 1 January 2020 the removal of 'Do Not Scale' from plans will be required for validation and applications will not be processed until the revised plans (and any other information required for validation) has been received.

Further information regarding validation requirements can be found in the Cornwall Council Validation Guide 2019.

As the IDOX Company has decided to close the iApply system to concentrate resources on digital services, applicants and agents will no longer be able to submit planning applications via iApply (Building Control applications can continue to be submitted until the 31 January 2020)

The alternative option for submitting Planning Applications online is to use the Planning Portal website.

With effect from 1 November 2019, the planning enforcement function will be separated from the area teams to form a dedicated team of experienced enforcement officers.

Enforcement officers will be aligned to dedicated areas in a similar way to that of the area teams.  This will provide consistency and local knowledge and ensure that Members and local councils will know their local officer. Officers in the current Cornwall-wide proactive project teams (Enforcement, Trees and Minerals and Waste) and Appeals will continue to be in this Cornwall-wide team.

From 1 November therefore the Area Team approach will comprise:

  • 8 multi-disciplinary planning teams based on a group of community network areas dealing with all types of planning applications and some compliance matters from receipt through to decision;    
  • a Cornwall-wide team of specialist functions, including appeals, enforcement, Highways Development Management and Historic Environment
  • a central function of support services.

As part of the implementation of an area-based planning service, some changes were made to existing processes and some new processes were introduced in April 2019.

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 marked as confidential.

The definition of ‘personal data’ and ‘Sensitive Personal Data’ can be found on page 8 of Information Commissioner’s Office (ICO) Guide to the General Data Protection Regulation (GDPR) and will include for example personal circumstances and health information.