Non-householder and commercial planning advice
Applications for non-householder, new developments, or business/commercial including pre-application advice for small or large proposals.
Choose the right application based on the type of work you are doing:
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 June 2020 (pdf 14.9mb)
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.
Ordnance Survey Maps can be obtained in person from some East Riding Libraries and Customer Service Centres who offer a face-to-face service, fully assisted by our professional staff. Cash, cheque or card payment options are available and maps can be produced in PDF form or printed to take away with you.
Currently available at Beverley Library, Driffield Centre, Hedon Centre, Haltemprice Library and Customer Services and Pocklington Pocela Centre.
Call (01482) 392750 for further information.
Ordnance Survey location plans
OS maps can also be obtained from the Planning Portal:
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.
Read more on the Planning Portal website and submit an application.
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
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.
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.
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.
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.
We offer a pre-application advice service that will tell you if your plans are likely to get planning permission.
Small scale proposals
For individual or small-scale proposals (less than 25 dwellings, 1,000sqm of new floor space or less than 1ha site area):
Read more about our pre-application planning advice service
Large scale developments
For larger proposals or developments (over 25 dwellings, over 1,000sqm of new floor space, over 1ha site area, wind turbines over 55m to top of blades)
East Riding of Yorkshire Council has developed an improved process of early meetings and discussions with developers prior to the submission of major applications.
The approach will include:
- a more structured process including encouragement to undertake pre-consultation with relevant consultees and the community at an early stage
- advice to enable the submission of a valid application
- Greater certainty and a quicker determination at the formal application stage
- Improvement in the overall quality of development schemes
Major:
- Over 25 dwellings
- Over 1,000sqm of new floor space
- Over 1ha site area
- Wind turbines over 55m to top of blades (and less than 9MW)
Super major:
- Over 100 dwellings
- Over 5000sqm of new floor space
- Over 5ha site area
- Wind Turbines over 9MW
The benefits
The benefits of obtaining pre-application advice include the following:
- You will get a thorough understanding of how local and national planning policies will be applied by East Riding of Yorkshire Council.
- We can provide early identification of any need for specialised input concerning matters such as heritage, highway matters, trees, landscape, noise issues, contaminated land, ecology and drainage. This should result in less time taken to validate an application by the council.
- Early identification of any likely Section 106 contributions or commitments.
- Early indication if a proposal is likely to be acceptable or not.
- An application that is submitted in accordance with the pre-application advice provided by officers should be validated more quickly and is more likely to benefit from a positive officer recommendation
- The pre-application process has led to issues being resolved at an early stage, resulting in efficient decision making and project delivery
How the process works
What is required from you
A pre-application form to be completed and accompanied by the following basic information:
- Written statement of proposal
- Location plan (e.g. 1:1250)
- Plans and elevations which show the proposal
- Existing and any previous known uses of land
- Draft Design and Access Statement
- Any known restrictions on the land.
The more information that is provided at this stage, the more detailed a response can be given.
Each pre-application form, fee and supporting information must only relate to one site.
What you will receive from us
We will:
- contact you within 15 working days of receiving the fee, send a written acknowledgement to advise of any further information we may require and arrange a date and venue for a meeting. If a meeting is not required a date for a written response will be given
- undertake an unaccompanied site visit
- agree a specific timescale at the meeting. This will be dependent on the scale, the issues involved and the complexity of the proposal
- provide detailed written confirmation within 15 working days of the meeting of our advice and views, including details of what you will need to supply in order to submit a valid application
- This will include advising whether a Section 106 agreement is likely, its potential requirements and the process we use to agree it and which consultees or organisations you may need to consult
- advise if a further fee is likely to be required, if further discussion or negotiations on the proposal are requested following the issue of written advice
Pre-application meeting
Matters to be discussed could include the following:
- Site history
- Statutory designations
- Planning policies
- Supporting information required to make the subsequent formal application submission valid
- Specialist statements required
- Advice regarding the submission of application, procedures and timescales
- Requirement for developer contributions/infrastructure
- Requirement for legal agreements
- Agreement of additional information, statements and assessments required to be submitted at this stage
- Requirement for pre-application consultation
- Initial thoughts on the principle of development, draft plans and the Design and Access statement.
Post meeting
- Further discussions/meetings if necessary
- Final correspondence to advise applicant on the completion of the pre-application process.
Please note: the advice given by a planning officer will be given in good faith and without prejudice.
Fees
The fees for this service can be found on our fee guidance page. However, the exact amount to be paid will be determined during completion of the application form below, delending on your requirements.
Apply
If you are proposing a large development, in addition to giving pre-application advice, the council can work with you to manage the planning process. Planning Performance Agreements (PPAs) are a framework for local authorities and larger developers to agree how development proposals should be managed with agreed timescales. PPAs are a useful tool for good development management and are appropriate for those who require ongoing advice on large or complex proposals.
Some of the main benefits of a PPA include:
- reduction of risk
- early identification of potential issues and how to overcome them
- an improved working partnership with the planning department.
If you are interested in entering into a PPA with us, the following template sets out the key elements of the procedure, including costs:
We are able to offer specialist pre-application advice services in relation to:
- landscaping
- visual impact
- ecology
- trees
- nature conservation
- listed building matters
- transport assessments and statements
- travel plans
- parking requirements
- Section 38 or 62 Legal Agreements.
The benefits
The benefits of obtaining specialist advice include the following:
- You will get a thorough understanding of how local and national planning policies will be applied by East Riding of Yorkshire Council.
- Early indication if a proposal is likely to be acceptable or not.
- An application that is submitted in accordance with the pre-application advice provided by officers should be validated more quickly and is more likely to benefit from a positive officer recommendation
- The pre-application process has led to issues being resolved at an early stage, resulting in efficient decision-making and project delivery.
How the process works
What is required from you
A specialist advice pre-application form to be completed and accompanied by the following basic information:
- Location plan (e.g. 1:1250)
- Plans showing the proposal
- Existing and any previous known uses of land
- Draft Design and Access Statement
- Any known restrictions on the land.
The more information that is provided at this stage, the more detailed a response can be given.
Each pre-application form, fee and supporting information must only relate to one site.
Please note: the advice given by a specialist officer will be given in good faith and without prejudice.
Fees
The fees for this service can be found on our fee guidance page.
These include up to a one-hour long meeting with a planning officer and a written response, but do not include subsequent meetings or further written responses. Any subsequent meetings and responses would attract an additional fee to be agreed betweenthe parties.
Fees for pre-application advice are non-refundable unless a meeting is cancelled by East Riding of Yorkshire Council.
Requests for charged pre-application advice will be assessed weekly. Applicants will be advised in writing within 15 working days of a suitable time and date for a meeting. You will be asked to submit the appropriate fee to the
council prior to any meetings.
The council reserves the right to decline a request for pre-application advice where it is not considered either appropriate or necessary.
Any advice given by the council officers for pre-application advice does not indicate any formal decision by the council as a Local Planning Authority. Any views or opinions are given in good faith, without prejudice to the formal consideration of any planning application.
Request specialist pre-application advice for highwaysRequest specialist pre-application advice for protected and historic environments
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)
Find out what happens after you apply for planning permission.
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:
- Necessary to make the development acceptable in planning terms
- Directly related to the development; and
- Fairly and reasonably related in scale and kind to the development.
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.
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 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.
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:
What is it?
Planning legislation is based around the concept of 'use classes', giving you the flexibility to change within a defined use class.
See full list of use change of use classes on the Planning Portal website.
It is generally the case that you will need planning permission to change from one use class to another, although there are exceptions where the legislation does allow some changes between uses. The government has introduced permitted development rights that do not need planning permission, but instead require 'prior approval' from us before changes or development can take place.
Prior approval processes exist for the erection of agricultural buildings within farms, telecommunications equipment, proposed demolition of buildings, and for the ability to change non-residential buildings to residential dwellings without planning permission. The changes also provide greater flexibility for some uses of buildings designated for shops, restaurants, cafés, pubs and as long as we are notified of the proposed change.
How it works
If you intend to begin a development under these permitted development rights, you will need to get prior approval from us for specific elements of the work which vary depending on the class of your development. You are advised to carefully check that the particular criteria for the proposed change are met before you submit a prior approval application.
These changes are quite complex, but the council recognises their importance to businesses, and has prepared this guidance note to assist both officers and applicants in understanding the new flexibilities. It should be noted that the general guidance given below can only be a summary of the changes permitted, and cannot provide a definitive explanation of the detailed restrictions and qualification that apply.
Applications for Prior Approval will be advertised by way of a site notice, but no further consultation is required.
The changes are not permitted if the building is in a Safety Hazard Area, Military Explosives Area, or if the building is a Listed Building or Scheduled Ancient Monument.
Most prior approval applications have to be determined by the council within 56 days otherwise permission is deemed to have been granted. Conditions can be attached to any approval.
Fees
If the prior approval is only for a change of use (with no alterations to the external appearance of the building) the fee is £96, if the proposal includes external alterations as well as a change of use the fee is £206.
Application types
Prior Approval can be sought for any size of office building to change to any number of dwelling houses. The only matters the council can consider are transport and highway impacts, any contamination risks on the site, and any flooding risks.
However the opportunity to benefit from this procedure is likely to be limited as any alterations to introduce new windows or doors, or provide external features such as individual drives and hardstanding will result in the proposal needing to be the subject of a normal planning application.
The flexibility may be most useful where a former dwelling is being used as an office. It should be noted that if the office is above a shop, then separate permitted development rights allow a change of use for up to 2 dwellings without the need for any application to be made to council.
Make an application for 'prior approval' on the Planning Portal website.
This permits a change of use to a school from any use within the Business (B1), Hotel (C1), Residential Institutions (C2 or C2A) or Assembly and Leisure (D2) UseClasses. It is most likely to be used to help provide premises for new schools to be set up outside Local Authority Control, but the procedure would equally apply to a Local Authority proposal to re-use a suitable building as a school.
In this case as well as traffic and contamination risks the council can consider the noise impacts of the development.
A subsequent change back to the original use is permitted.
In addition to the Prior Approval process needed for a permanent change of use, a temporary change to a school of up to one year may be permitted in certain circumstances subject to the council being notified of the proposed opening date.
The 2014 changes have also introduced the opportunity for agricultural buildings to be converted to a school (with external alterations) subject to Prior Approval.
Make an application for 'prior approval' on the Planning Portal website.
This is a wide ranging flexibility to change the use of an agricultural building or buildings of up to 500 sq metres floorspace (cumulative)to a Retail (A1), Financial Services (A2), Restaurant (A3), Business (B1), Storage (B8), Hotel (C1) or Assembly and Leisure (D2) use. However, as it does not permit external alterations its use is likely to be limited to business or storage uses that can occupy a barn or portal frame structure without alterations.
The applicant has to specify which of the flexible uses is intended to be taken up, and inform the council if there are any subsequent changes.
Changes of floorspace up to 150 sq m can be undertaken simply by notifying the council. Floorspace between 150 sq m and 500 sq m will need to be the subject of a Prior Approval application.
When considering this change the council can only consider transport and noise impacts as well as contamination and flooding risks.
Make an application for 'prior approval' on the Planning Portal website.
This 2014 change effectively subdivides the A2 Financial Services Use Class, and permits a change to from a normal retail shop to a bank, building society or credit society office. This is on the basis that such uses attract public and footfall to a similar degree to a retail use. The change only needs to be notified to the council.
Make an application for 'prior approval' on the Planning Portal website.
This permits a change to residential use but only for up to 150 sq metres of floorspace, so it would not apply to larger retail premises. It does permit external alterations, but the prior approval procedure cannot be used if the building is in a Conservation Area.
A Prior Notification application has to be submitted, and in addition to transport impact, and contamination and flooding risks, the council can consider the impact of the proposal on the provision of services or the need to sustain a key shopping area. This means that the council could refuse an application for change to residential use which was located in a prime shopping area, or was the last shop in a village or local housing area.
Make an application for 'prior approval' on the Planning Portal website.
This change permits any Class A1 (Retail) Use, A2 (Financial Services) Use, A3 (Restaurant) Use, A4 (Drinking Establishment) Use, A5 (Take-Away) Use, B1 (Business) Use, D1 (Non residential Institutions) Use or D2 (Assembly or Leisure) Use to make a temporary change of use for ,strong>two years only. The change only needs to be notified to the council. If you wish to continue the use after two years a full planning application will be required.
This looks to be a wide ranging flexibility, but only applies to up to 150 sq metres of floorspace, and it has to be remembered that a change from a higher category 'A' Use to a lower one is already permitted development - for example you can make a permanent change from an A5 Take away to an A1 retail use as permitted development. The value of the flexibility is also likely to be limited if the premises has to undergo costly internal alterations such as the installation of a kitchen if the proposed use is a restaurant. The flexibility may however be useful if the proposal is only for a café with limited on site catering facilities. External alterations are not permitted as part of the temporary change.
Make an application for 'prior approval' on the Planning Portal website.
This permits up to 450 sq metres of floorspace to be converted to up to 3 dwellings (with a max floorspace of 450sq m) subject to Prior Approval. External alterations are permitted as part of the conversion, but the dwellings cannot extend beyond the footpring of the existing farm building(s) being converted. The Prior Approval process cannot be used in Conservation Areas.
The council has to assess the design and external appearance as part of the determination of the application, and would expect the conversion to retain the character and appearance of the farm building. The council also has to consider 'whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use' to a dwelling.
If inadequate information is provided to assess the impact, the council can refuse Prior Approval. Applicants are therefore strongly advised to discuss information requirements with officers before submitting an application.
It is also important to consider the relationship of any proposed dwelling to a working farm or other farm buildings that might be used for commercial purposes. The application for Prior Approval must indicate the proposed curtilage to each dwelling, which cannot extend beyond 450 sq metres in total. It should be noted that if Prior Approval is granted for a conversion to dwellings and this is carried out, the farm holding will NOT be able to benefit from normal permitted development rights to erect or extend agricultural buildings for a period of 10 years subsequently.
Read more about Change of Use Classes on the Planning Portal website.
Make an application for 'prior approval' on the Planning Portal website.
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?
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 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
The council is currently developing its own guidance and specification. In the meantime the following accredited standards will be considered:
- Department of Transport Design Manual for Roads and Bridges: Volume 4
- WRC Sewers for Adoption 7th Edition
- The Sustainable Drainage Systems (SuDS) Manual (C697) CIRIA
- Planning for SuDS (C687) CIRIA
- Retrofitting to manage surface water (C713) CIRIA
- Site handbook for the construction of SuDS (C698) CIRIA
- Ciria
- The applicant should refer to the standing advice when applying these standards.
Further information
You can get further information by contacting the Flood Risk Management team:
| Contact method |
|---|
| LLFA@eastriding.gov.uk |
| Phone |
| (01482) 395656 |
| Post |
| Flood Risk Management Room AS67 East Riding of Yorkshire Council County Hall Cross Street Beverley East Riding of Yorkshire HU17 9BA |
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 relating to new street design and parking is available from the Department for Transport website:
Department for Transport - Manual for 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.
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)
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.