Planning Agents' Area

Days to validate applications

Introduction

This area provides information to Planning Agents who regularly submit planning applications to Cornwall Council. If you think anything is missing or have any feedback please email: planning@cornwall.gov.uk

Officers are available by email and can pick up calls via MS Teams via 01872 322222.  Officers will get back to you as soon as possible. Please can we ask that agents remain professional and courteous in their correspondence.  Sometimes frustration is directed at officers unnecessarily.

BNG exemptions - multiple exemptions

Planning have received a number of applications where multiple exemptions have been requested.  In accordance with officer guidance, only one exemption can be applied per application.

Please also ensure justification why the exemption applies is included.  This will help avoid delays.

Statutory planning fees

Statutory planning fees are expected to increase on 1 April 2025.

There will be a 1.7% increase on statutory planning fees, except those where separate amendments have been set out.

• Section 73's;
• Discharge of conditions;
• Prior approvals which include building operations;
• Prior approvals relating to the change of use of commercial, business uses to residential;
• Householder developments; and 
• Two corrections relating to outline applications and erection of agricultural building.

For more information please see The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment and Transitional Provision) Regulations 2025.

Fees and charges document

The planning fees and charges document has been removed from the website.  The document has been replaced with a series of web pages.

You can view our main fees and charges page here:

Fees and additional services

Cornwall interactive mapping updated

Cornwall Council's mapping has been updated and now works better on phones and tablets: Use our interactive maps.

You can find more help on how to use the mapping on our help pages including: 

New validation requirement - Self or Custom Build Pro-forma

With immediate effect any applicant seeking to rely on the BNG exemption for self or custom build will be required to:

• complete a self-build or custom-build housing pro-forma; and
• include self or custom build in the description of development.

This will be a validation requirement.

The information provided will be used to confirm whether the proposed self-build or custom-build housing qualifies for exemption from the 10% Biodiversity Net Gain (BNG) requirement under the Environment Act 2021.

The information within the pro-forma should provide the necessary evidence, including project details and confirmation of its self-build or custom build status to support exemption during the planning process.

Please ensure that all sections are filled out accurately and in detail.

Planning application descriptions

When submitting an application the description must be accurate, clear and precise.  Have a look at our guidance at: 

Planning application descriptions

Updated Pre-application Service Offering

Planning has updated its pre-application service offering.  This includes offering pre-application advice on discharge of condition apps.  Also a follow up service should further discussion be required. The categories have been amended making them clearer.

Please see the pre-application advice page for further information.

Pre-application advice

Planning Appeals

If you submit a planning appeal, please remember to send a copy of the completed appeal form and any appeal statement/supporting documents to the Council at planningappeals@cornwall.gov.uk

For larger files/documents you can use Egress Forms. We do not accept 'We Transfer'.

New appeal requirements for Section 106 agreements

The Planning Inspectorate has updated its guidance regarding planning appeals and S106 agreements from 2 October.  Changes affect deadlines for receipt of S106 agreements or planning obligations.

Planning appeals: how to complete your appeal form

For written representations, an executed and certified copy of the S106 must be submitted at the time of appeal, instead of within 7 weeks from start date.

For appeals by hearing or inquiry, a draft S106 must be submitted when the appeal is made.

Biodiversity Net Gain in Cornwall

New Biodiversity Net Gain guidance page launched for information and guidance.

Mandatory BNG is subject to national minimum requirements.  Cornwall Council  continues to apply some local validation requirements for a BNG statement.  The Validation Guide has been updated to reflect these changes. 

Please consider if the exemption applies carefully and include a reason why the exemption applies on the form.  Planning are receiving a number of applications with the exemption ‘de minimus’ and no further explanation.  Where the reason for exemption is unclear a justification statement will be requested.  Should it be found during the process that the exemption has not been applied correctly the application will be invalidated and the mandatory biodiversity net gain national information requirements will be requested.

It is important to consider BNG carefully at the pre-application stage to avoid any delays during the planning process.

Please see the Government Guidance Biodiversity net gain: exempt developments for further information.

Waste Planning Guidance

All new domestic property or housing development needs to take into consideration

• how individual households store their waste, and 
• how this waste will be collected from individual properties

The Council has developed a waste guidance checklist document for planners and developers.  This is linked to Cornwall Council’s Design Guide. Applications will be reviewed to understand how proposals meet these new standards.

Accredited Agents Householder Scheme

The Accredited Agents Householder Scheme will be continuing in 2025 and letters have just been sent to those agents currently on the scheme.

If you would like to join the scheme and/or would like more information, please visit the Accredited Agents Householder Scheme web page.  Benefits include:

• Closer working relationships with the Council. 
• Advertising on the Council's Accredited Agent webpage.
• You may also use the Accredited Agent logo on your business stationary.

Development in the River Camel Special Area of Conservation

We have updated our web area for phosphates.  You can now find all our nutrient neutrality information from the Nutrient Neutrality in Cornwall page.

Designing in quality from the start

Boost your chances of planning permission as well as kerb appeal by following:

• the Cornwall Design Guide and
• Chief Officer's Advice Note on Good Design in Cornwall

This guidance is a material consideration in determining planning applications.  Take a look at more information and guidance on our Design webpages.

Policy on accepting amendments to planning applications

Please note we have updated our policy on accepting amendments.  You can view the new arrangements using this link: Revisions and amendments to planning applications

Chief Planner newsletters

You can view newsletters using this link: Chief Planner letters

Planning Agents Forums

We offer events for planning agents and developers submittimg applications in Cornwall. You can find more information on events and resources on our Planning Agents Forum webpage.

We send out invitations direct to our subscribed agents. If you wish to get information and invitations on pur events for agents, please contact us at positiveplanning@cornwall.gov.uk. 

Saved Policies

You can now access saved policies and maps using this link: Saved Policies

Developer contributions

Community Infrastructure Levy charge on development

Cornwall Council has been a Community Infrastructure Levy (CIL) Charging Authority since 1 January 2019. Any new development determined after this date could be liable to pay a CIL. Visit the community infrastructure levy page now to find out how CIL may affect your development.

CIL Charge review requests

A developer can request a Regulation 113 review within 28 days of getting the Liability Notice if they disagree with how the CIL charge has been calculated.  There are generally 2 common reasons why a calculation may be wrong:

• the size of the development changed whilst the application was being determined.  This means that figures provided on CIL Form 1 at the start of the process are incorrect when we calculate CIL after an approval.  Please submit a revised Form 1 if plans change after original submission.
• existing 'in-use' floorspace is not included in the calculation.  This is often not deducted because it was not correct on Form 1.  Please record existing floorspace correctly on Form 1 and discuss with your case officer if needed.

This means we have to calculate the CIL charge twice, discuss with case officers and agents/developers which all takes extra time. Please remember to use the CIL Form 1 to provide accurate and up to date measurements so we can calculate CIL correctly.

Phased development and Community Infrastructure Levy

The Council sends out a CIL Liability Notice when planning permission is granted.  When the development starts, the CIL becomes payable.  

You may not need to pay the whole amount of CIL due straight away, if development is phased. Please:

• consider if a development could be phased
• discuss this with your planning case officer early in the planning process.

Where a planning permission is phased, CIL is applied to each phase of the development.  Each phase is treated as if it were a separate chargeable development. The benefit of this is that different parts of the development can start without CIL becoming due on other parts of the development.  The permission must be explicitly phased by planning condition for it to be considered 'phased' for CIL purposes. View our Phased development and CIL webpage for information on the benefits of phasing including:

• self-build developments of more than one dwelling
• developments containing multiple uses
• developments where only part of the work is CIL liable.

If you want to know more about CIL and phasing please email the Infrastructure Team at cil@cornwall.gov.uk.

Please have a look at our Developer Contributions webpage for more information.

Area Team Planning 

Planning case officers work in an area team structure of 8 area teams. Find out more about the area planning teams.

Enforcement officers work in areas in a similar way to that of the area teams.  This team also deal with trees and minerals and waste.

A separate Appeals team of specialist officers deal with all appeal work.

Registration and validation are carried out in our Cornwall-wide Development Support team.

Other advice and guidance

You can find other guidance pages under the Planning advice and guidance area. In addition to those signposted, there are:

• Article 4s
• Constraints on development
• Design and access statements
• Discharging planning conditions
• How planning applications are decided
• Notification and publicity
• Planning performance agreements
• Role of the divisional ward member in planning
• Solar panels and planning permission

The Additional Development Guidance page contains guidance on:

• Class Q
• Annexes
• Use classes
• Guidance on water supplies for firefighting and access for fire appliances.

Planning News for Local Councils and Agents

Planning News for Local Councils and Agents is published quarterly.  This is our newsletter specifically aimed at planning agents.  You can find the latest edition using this link: Planning News