Non-householder and commercial planning advice

Applications for non-householder, new developments, or business/commercial including pre-application advice for small or large proposals.

Whilst the below information advises what type of application and information is required with your submission, it is important that you also read the Invalidity and Validation section of our guidance to support your application submission.

Apply for planning permission

Choose the right application based on the type of work you are doing:

'Full plans' application

If you need to demolish and/or build a new home you will need the 'Full plans' application form which can be submitted online or by completing a paper application. This is the same 'full plans' application that a householder would use if they were to make extensive alterations to their home.

Take a look at what you will need to submit with your application:

Validation Checklist

Use the checklist document below to help you determine whether you have supplied the required information with your application:

Validation Checklist 2025 (pdf 3.4mb)

File dated April 2025.

East Riding Design Code Compliance Checklist

All development except changes of use applications where there is no material change in external appearance and prior approval applications where design is not a consideration will require a completed Design Code compliance checklist to be submitted with applications. This is a requirement in the Validation Checklist.

Design and Access Statements

Certain types of application need to be accompanied by a design and access statement. Read about which applications require a statement and what information it should include:

Design and access statement (pdf 41kb)

Ordnance Survey (OS) Maps

All planning applications need to have site plans which are edged in red to identify the extent of the planning application site. A site plan must be on an Ordnance Survey base map.

OS maps can be obtained from the Planning Portal as part of your online application and can also be obtained from other OS mapping and data centres.

'Other' applications

The Planning Portal website provides access to other application forms that may be required such as listed building consent, works to trees and hedgerow removal, advertisement consent and lawful development certificates. Please note: a lawful development certificate should be submitted by a suitably qualified agent to ensure a proper case with correct evidence.

Where design is a consideration a Design Code compliance checklist may need to be submitted with your application

Read more on the Planning Portal website and submit an application.

'Outline' applications

An outline planning application can be used to establish the principle of development, which is later followed by approval of the details of the development, known as 'reserved matters'. You can opt to determine one or more (but not all) of the reserved matters when you submit an outline application. The five reserved matters are:

  • appearance - including that of any buildings and structures
  • means of access - the way the site is linked up to other roads and pathways
  • landscaping - the planting and hard surfacing around buildings
  • layout - how the buildings, routes and open spaces are to be laid out within the development, and
  • scale - including height, width and length of each proposed building within a development.

While some applications are straightforward and a decision can be made by the planning authority without detailed information, other proposals may need more information to be provided. Your local authority will ask you to provide further details if it is necessary.

It is a good idea to talk to the local authority about how much information might need to be included before you submit your planning application.

Once outline planning permission has been granted, a 'reserved matters' application must be made within three years of the consent (or a lesser period if specified by a condition on the original outline approval). The details of the application must be in accord with the outline approval, including any conditions attached to the permission.

It is often helpful to discuss your proposal with the Planning service before you send in your application - this is known as pre-application advice'.

Read more about outline applications on the Planning Portal website and submit an application

The East Riding Design Code applies to outline applications and the following reserved matters. The outline compliance checklists recommend which codes are applicable to which matters.

Not sure if you need planning permission?

Take a look at how we can advise.

Permission in Principle

What is permission in principle?

Permission in Principle has been introduced by the Government as an alternative route to provide planning permission. Initially it is only intended that the Permissions in Principle will be available for housing, or housing-led development.

Approval of Permission in Principle will establish the principle of housing development on a specific site. A further 'technical details' application will be required to consider any detailed development proposals before development can commence.

Read about Permission in Principle on the GOV.UK website

Who can apply for permission in principle?

Whilst it is intended that landowners will be able to submit applications for Permission in Principle on smaller housing sites, the initial Permission in Principle proposals are for sites identified by the council for inclusion in the Brownfield Land Register.

What is the Brownfield Land Register?

Permission in Principle through the brownfield land register

The council is required under the legislation to prepare a Brownfield Land Register AND to determine whether any of the proposed sites are suitable for Permission in Principle. Sites that are considered suitable for Permission in Principle are then put through the same consultation as would be the case for a planning application. This includes consulting parish councils and statutory bodies as well as publicising the proposal for public comment. The council will consider all responses received before deciding whether to grant Permission in Principle.

In preparing the 2017 Brownfield Land Register only three sites have been identified for consideration under the Permission in Principle process. These sites are already allocated in the East Riding Local Plan, but at present do not benefit from planning permission for housing development.

The 2017 Brownfield Register will be updated at the end of 2017 as part of the Strategic Housing Land Availability Assessment (SHLAA) process. New regulations require that the council considers whether any of the sites on the Register should be granted 'Permission in Principle'.

Further information on the Brownfield Register and SHLAA is found on the Housing monitoring web page.

Can I comment on permission in principle proposals?

Yes. Any comments you may wish to make on the suitability of any of the sites for housing development in principle should be made in the same way as for a normal planning application using our Public Access website.

Pre-application services

We offer a pre-application advice service that will tell you if your plans are likely to get planning permission.

Planning Performance Agreement for large developments (PPAs)

Some major developments and/or complex cases may be suitable candidates for the use of a Planning Performance Agreement (PPA). If your Case Officer considers that your project/application would benefit from a PPA, they will contact you to discuss the process and potential costs.

Find out more from the Guide to the fees for planning applications page

Mineral and waste proposals

These forms can be downloaded for completion and returned to the planning section with the major pre-application enquiry forms. These forms request specialist information only relevant to mineral and waste proposals:

Supplementary minerals pre-application form (pdf 66kb)

Supplementary waste disposal pre-application form (pdf 66kb)

Planning obligations

Some decisions to approve applications can be made subject to conditions and legal agreements in relation to planning obligations.

Planning obligations may be necessary to meet some requirements of Local Plan policy and mitigate otherwise unacceptable impacts of a development.

Many of these planning requirements involve the payment of contributions or require the transfer of land and as such cannot adequately be dealt with through planning condition.

Most commonly in the East Riding obligations relate to open space, affordable housing and off site highways works.

Paragraph 56 of the National Planning Policy Framework sets out that planning obligations should only be sought where they meet all of the following tests:

  1. Necessary to make the development acceptable in planning terms
  2. Directly related to the development; and
  3. Fairly and reasonably related in scale and kind to the development.

Types of obligations

Planning obligations can be entered into under Section 106 of the Town and Country Planning Act 1990 by a person with an interest in the land. This can be through an agreement with the local planning authority (commonly referred to as a Section 106 agreement); or via a unilateral undertaking entered into by a person with an interest in the land without the local planning authority. A planning obligation is legally binding and will be registered as a land charge, and before entering into it independent legal advice should be sought.

Pre-application discussions can be useful to identify any planning obligations which may be relevant in your case, as well as the amount payable for any commuted sums. This may help you decide on the most relevant form of obligation.

Read more about the pre-application service and costs

Section 106 Agreements

Section 106 Agreements are likely to be required where there are parties other than the applicant that will be bound by the obligation. Where required, Section 106 Agreements must be signed before a decision notice granting planning permission is issued, however the process can be commenced at any time. For large complex schemes it is useful to submit Heads of Terms at validation stage, however in many cases the detail may change during the application process so it is often not drafted in full until towards the end of the process.

Unilateral undertakings (UU)

Unilateral undertakings are simplified documents which do not involve the local planning authority, and can be submitted alongside a planning application. They will be given appropriate weight in the decision making process as a material consideration, and it will be considered whether the supplied document meets and delivers policy requirements and mitigates otherwise unacceptable impacts of a proposed development.

A UU can be submitted at any time during determination of a planning application. If the requirements of the UU are simple and predictable this can be submitted up front with a planning application. If the requirements may change during the application process, it can be submitted after the consultation period to ensure it is up to date and reflects the requirements of consultees, although the council will need time to consider any submitted document prior to determination, and as such an extension of time may need to be agreed to cover this period.

The following draft UU is available for you to use, however not all sections may be necessary in each case. You should be selective and use only those sections which are relevant to your case.

A UU should be signed (with signatures witnessed) and include confirmation of ownership from the Land Registry. Upon submission the council will carry out legal checks as to the validity of the undertaking submitted to ensure it is capable of achieving the required ends, and also consider the contents of the UU against the planning requirements. The weight to be attached to a submitted UU in the planning balance will depend on the outcome of checks into the legal and planning requirements.

S106 UU template (word 45kb)

Modification and discharge of planning obligations

Sections 106A and 106BA of the Town and Country Planning Act 1990 provide for modification or discharge of planning obligations. The application forms for making such an application, together with guidance notes, certificates and model notices are attached:

LOBVAR template (word 28kb)

Fees

Legal fees

The applicant will be required to sign an undertaking to cover the council’s legal fees in drafting and entering into the legal agreement before the council can start any work on the legal agreement. The legal fee per S106 agreement is £1,000.

Variation of Legal Agreement – from 1 August 2024

A Section 106 planning obligation may be modified (known as a Deed of Modification) or discharged in two ways:

  • Within five years of the date of the completion of the obligation, at any time, by agreement between us and the person or persons against whom the obligation is enforceable.
  • After five years beginning with the date the obligation was legally completed (or a later date specified in the obligation itself).

An application to modify a S106 Legal Agreement will be subject to a fee of £520 plus legal fees (variable).

The fee is to cover our costs to assess and review your request to modify the legal agreement, consult with relevant parties, as well as drafting a report and issuing a decision.

Monitoring fee

A monitoring fee is also required to be paid to cover the costs incurred or to be incurred by the council in monitoring, reporting, maintaining data and systems and staffing costs relating to planning obligations.

The monitoring fee is charged per trigger/restriction within each agreement at a cost of £1,040 plus VAT for the first trigger/restriction and £520 plus VAT for each subsequent trigger/restriction.

Applicants will be invoiced for the monitoring fee upon commencement of the development.

Business alterations and extensions

The government has granted national 'permitted development' rights for industrial buildings or warehouses that allow some alterations and extensions of an existing site to be developed without the need for planning permission. The rules are quite complex, so it's important to check carefully before you start a project.

Read more about alterations and extensions to businesses.

Still not sure?

Take a look at how we can advise.

Surface water drainage systems

Requirements for surface water drainage on new developments

From April 2015 the requirements for design of surface water drainage on new developments were strengthened. Changes to planning legislation requires the Local Planning Authority to consult with the Lead Local Flood Authority (LLFA) on all major applications. In the East Riding, the Council Lead Local Flood Authority is the Local Planning Authority.

The government have stipulated that planning authorities are expected to:

  • consult LLFAs for advice regarding surface water management

  • satisfy themselves that the national minimum standards of operation for Sustainable Drainage Systems (SuDS) are appropriate

  • ensure through the use of planning conditions or planning obligations that there are clear arrangements in place for ongoing maintenance over the lifetime of the development.

The Lead Local Flood Authority has developed interim standing advice for the use of applicants and planners to help then make an application and determination respectively:

Surface Water Drainage Systems Design - standing advice (pdf 127kb)

For further information about flooding in the East Riding please visit our flooding pages.

Sustainable drainage systems (SuDS)

Sustainable drainage is a departure from the traditional approach to draining sites. There are some key principles that influence the planning and design process enabling SuDS to mimic natural drainage by:

  • storing runoff and releasing it slowly (attenuation)

  • allowing water to soak into the ground (infiltration)

  • slowly transporting (conveying) water on the surface

  • filtering out pollutants

  • allowing sediments to settle out by controlling the flow of the water.

Read more about SuDS on the

Susdrain website.

Accredited standards

The council is currently developing its own guidance and specification. In the meantime the following accredited standards will be considered:

Further information

You can get further information by contacting the Flood Risk Management team:

New street and parking development

Streets and parking design standards

The highway and development management team assess any developmental proposal that has highway implications, which includes single dwellings, large residential developments, hospitals, and industrial estates. The assessment includes proposed development street layouts and how they are designed, such as their dimensions, construction specification, access and egress proposals, and junction design.

Parking of vehicles is one of the main aspects of any layout design and proposals are assessed to ensure this element meets with council policies and national guidance.

The team provides advice on highway matters relating to pre-application discussions and planning applications.

The team does not take responsibility for the maintenance or repair of the public highway infrastructure.

National guidance on new street and parking design

National guidance relating to new street design and parking is available from the Department for Transport website:

Department for Transport - Designing and modifying residential streets

A new East Riding of Yorkshire Council Parking and Layout Guide is being formulated. The guide will relate to new residential/commercial/retail development proposals and include how much parking provision will be required for each type of development. This is an important detail as East Riding of Yorkshire is mainly rural in area and cars are the most common form of transport. The guide will be available in the near future and posted on the website.

For further information contact us:

By phone

Tel: (01482) 393753

By post

Highway Development Management Team
Planning and Development Management
East Riding of Yorkshire Council
County Hall
Cross Street
Beverley
HU17 9BA.

Specialist advice for developers

The council has produced a document to assist applicants with pre-application advice:

Highway pre-application standing advice for small scale development proposals (pdf 105kb)

Please continue and follow the instructions to log in or register an account when prompted.

Request specialist pre-application advice for highways

Street adoption

New streets

When new developments are given planning permission, an application for 'construction approval' can be made, which when granted, ensures the proposed highway infrastructure (streets) are to be constructed to this council's specification. Details of what is required in the application are contained in the following document:

Construction details (pdf 55.3kb)

Once construction approval has been given the developer is provided with 'section 38' application forms. These forms, along with layout plans comprise a section 38 agreement which is a voluntary agreement between the developer and the council. This agreement enables the highway infrastructure (streets) to be eligible for adoption as publicly maintained, once the maintenance period (1 year after completion) has elapsed, and subject to all works being satisfactorily completed in accordance with the agreed specifications.

Existing streets

The council, as highway authority, can adopt streets under section 228 of the Highways Act 1980. Generally, section 228 relates to older streets that either do not have a section 38 agreement or have never been publicly-maintained.

If you wish to pursue an adoption under this procedure please get in touch:

By phone

Tel: (01482) 393753

By post

Highway Development Management Team
Planning and Development Management
East Riding of Yorkshire Council
County Hall
Cross Street
Beverley
HU17 9BA.

Use of artificial intelligence (AI) in preparing planning submissions

The council recognises that artificial intelligence (AI) can be used in the preparation and consideration of planning applications. When used appropriately and transparently, AI can provide benefits by assisting with drafting, analysing and presenting information.

It is important that applicants tell us when AI has been used to create or substantially modify any part of a planning submission. We request this information so that we can better understand the origin and preparation of the material submitted for consideration. This helps ensure that planning decisions are fair, transparent and based on reliable information. You do not need to declare the use of routine software functions such as spell-checking, grammar suggestions, formatting tools or accessibility features.

Anyone preparing documents in support of a planning application must use AI responsibly and take reasonable steps to ensure that any information generated is accurate, relevant and appropriate. The applicant remains responsible for the content and accuracy of all material submitted to the council.

When you need to tell us about AI use

Please tell us if AI has been used to:

  • draft or substantially rewrite text within a supporting document
  • produce summaries, analyses or reports
  • generate, edit or alter images, plans, visualisations or other supporting material
  • create content that goes beyond straightforward formatting.

How to tell us about AI use

A short statement within a covering email, covering letter or supporting document will normally be sufficient.

What to include in your statement

Please briefly confirm:

  1. That AI was used
  2. Which AI tool or application was used (for example, Microsoft Copilot, ChatGPT, or another application)
  3. How the AI tool was used and what it was used for
  4. What checks and verification were undertaken, and that you accept responsibility for the accuracy of the submitted content.

Example statement

An example statement might be:

“Artificial intelligence (AI) was used to assist in the preparation of this submission. Microsoft Copilot was used to help draft sections of the supporting statement and improve document structure. The content was reviewed, verified and amended where necessary by the applicant/agent, who accepts full responsibility for the accuracy of the information submitted.”

Why we ask for this information

Providing a brief statement about the use of AI helps the council understand how submitted material has been prepared and enables it to assess the information fairly and transparently.

While AI can be a valuable tool, it may produce information that is inaccurate, incomplete or misleading. Disclosure of AI use helps ensure that appropriate scrutiny can be applied and that all submitted material can be assessed with confidence.

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