Guidelines
What is it?
On 1 October 2024, the Department for Infrastructure (DfI) published legislationFootnote One that permits councils to publish a “Validation Checklist”. The new legislation comes into operation on 1 April 2025, which gives councils time to prepare and consult on their proposed Validation Checklist.
A Validation Checklist informs applicants of the level and type of information required to be submitted (above the current minimum mandatory information which remains unchanged) for an application to be “valid” and processed by the Council. The purpose is to provide certainty and clarity to applicants and improve the quality of applications on submission, resulting in quicker decisions and more efficient consultee responses.
The Validation Checklist is aimed at applicants and planning agents. However, it will also be of interest to other stakeholders including consultees, communities and businesses in providing greater certainty as to the information required with applications at the start of the process.
The draft Validation Checklist is based on the Council’s “Application Checklist”, which was first published in 2018 and has become established for planning applications in Belfast.
DfI is intending to publish a Development Management Practice Note (link opens in new window) on councils' preparation and implementation of Validation Checklists.
How will it be applied?
The Validation Checklist applies to applications for full permission, outline permission and approval of reserved matters. It sets out the information that should be submitted, having regard to the nature, scale and location of the proposal. The checklist will be applied on a case-by-case basis and the submitted information should be proportionate and sufficient to enable the appropriate consideration of the proposal.
We will review the planning application on submission to make sure it includes the current minimum mandatory information set by legislation and any additional information specified by the Validation Checklist. If information is missing, we will contact the applicant (or their agent) and request it. We will only require information in the Validation Checklist where it is reasonable (and proportionate) and we think it will be relevant, necessary and material to the consideration of the application.
To help customers, we have provided an indicative guide as to the typical information requirements by type of application. We are proposing that Householder applications (e.g. for domestic extensions, garages and outbuildings) only need to be accompanied by a Biodiversity Checklist (with potential for a Biodiversity Survey) and a short and succinct Climate Change Statement. Applications for other types of proposal will likely require additional information.
We recommend that each information type is provided as a separate document. However, it can alternatively be provided as part of another document such as a Planning Statement or Design and Access Statement. Where provided as part of another document, the applicant should clearly state in a covering letter where the information can be found.
We intend to publish a “checklist” alongside the final Validation Checklist that applicants can use as a prompt and to confirm/record which information they have provided with their application for administrative purposes.
Information that should be provided with an application in accordance with the Validation Checklist can be discussed with the Planning Service as part of a Pre-Application Discussion.
Is there a right of appeal?
Yes, if agreement is not reached between the Council and applicant (or their agent) on the need for the information, the Council will issue a “Notice” formally confirming the invalidity of the application to the applicant. The applicant may lodge an appeal to the Planning Appeals Commission concerning the invalidity of the application within 14 days of the date of the Notice.
It is expected that further information on the appeals process will become available on the Planning Appeals Commission’s website (link opens in new window)
Footnotes
Footnote One: Planning (General Development Procedure) (Amendment) Order (Northern Ireland) 2024 (link opens in new window)
