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1. Introduction to The East Riding Design Code

1.6 - Demonstrating Compliance

Applicants must show within the application that they have complied with the relevant codes. The relevant compliance checklist in Appendix G must be completed and included when an application with any form of design consideration (see Table 2) is submitted. The compliance checklist has space to note where in the application documents each code has been addressed. For example – compliance with C33 (parking spaces) might be shown on a site plan.

At the beginning of each chapter there is a list of “Where to demonstrate compliance” documents. These documents are ones that would be likely to be submitted with an application and are suggested as the best places to demonstrate compliance with the codes and key guidance in that chapter. The requirement to submit sufficient information to demonstrate how local design expectations have been met is set out in paragraph 137 of the NPPF (2024).

Reference to key guidance is included in the compliance checklist. This is to ensure that the guidance is considered throughout the design process. The application of key guidance is more subjective compared to the application of code, however applicants should still set out in the compliance checklist where in the application the response to the key guidance is demonstrated.

Non-compliance - As the Design Code covers a large area and many development types there may be times where a departure from the Design Code is needed. Where a departure from the Design Code is planned, a robust justification, with evidence, must be provided in the applications supporting documents. Whether a departure from the Design Code is acceptable will depend on the context of the site and the proposed development. In all cases the requirements for good design set out in chapter 12 of the NPPF and policy ENV1 of the East Riding Local Plan (and other relevant policies – see Appendix D for a full list of how the codes relate to local plan policies) will need to be demonstrated.

Not Applicable – A not applicable (N/A) column is provided for when the code requirements are not be applicable to the proposal. For example, codes regarding dormer windows where no dormers are proposed. If any code checked N/A is found to be material to the assessment of the proposals, applicants may be asked to withdraw the application, or the applications may be refused on grounds of insufficient information.

A screenshot of a compliance checklist which needs to be completed and submitted with every application. A circle is highlighting a Not Applicable column for when certain code requirements do not apply to a proposal.

Figure 7 Full planning application compliance checklist extract. Checklists include a ‘Not Applicable’ (N/A) column for instances where code and guidance requirements are legitimately not applicable

A screenshot of a compliance checklist for outline planning and reserved matters, which needs to be completed and submitted with every outline or reserved matters application. A circle is highlighting five columns that explain which reserved matters are applicable to each code or guidance requirement.

Figure 8 Outline Planning/Reserved Matters application compliance checklist extract Table 2 Development types, corresponding scales and compliance checklist form numbers

Table 2 - Development types, corresponding scales and compliance checklist form numbers
Appendix FormScale or type of developmentDescription of scale or type of development and application type

Appendix G1

Householder

 Form 1

h

 Householder Development
Form 1a Householder outbuildings only

Appendix G2

Residential Units 1-25+

 Form 2

1

 1-2 Units
Form 3

2

 3-9 Units
Form 4

3

 10+ Units
Form 5

4

 Mixed Use - Residential and Commercial
Form 5a   Residential conversions

Appendix G3

Residential Units 1-25+ Outline and Reserved Matters

 Form 6

1

 1-2 Units Outline and Reserved Matters
Form 7

2

 3-9 Units Outline and Reserved Matters
Form 8

3

 10+ Units Outline and Reserved Matters
Form 9

4

 Mixed Use - Residential and Comercial Outline and Reserved Matters

Appendix G4

Flats and Apartments

 Form 10

f

 

 Flats - one block
Form 10a Flats - 2+ blocks
Form 10b Flats - Conversions
Form 11 Flats - one block Outline and Reserved Matters
Form 11a Flats - 2+ blocks Outline and Reserved Matters

Appendix G5

Non Residential Development

 Form 12

a

 Agricultural - new building
Form 12a Agricultural - extension
Form 13

b

 Industrial, Storage and Distribution (B Class Uses) - new building
Form 13a Industrial, Storage and Distribution (B Class Uses) - conversion
Form 13b Industrial, Storage and Distribution (B Class Uses) - extension
Form 14 Industrial, Storage and Distribution (B Class Uses) Outline and Reserved Matters
Form 15

c

 

 Commercial - new building
Form 15a Commercial - 2+ buildings
Form 15b Siting of holiday lodges/caravans
Form 15c Outdoor Commercial
Form 15d Commercial - extension
Form 15e Commercial - conversion
Form 16 Commercial - new building Outline and Reserved Matters
Form 16a Commercial - 2+ buildings Outline and Reserved Matters
Form 16b Siting of holiday lodges/caravans Outline and Reserved Matters
Form 17b Outdoor Commercial Outline and Reserved Matters
Form 17   Advertisement Consent
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