Referral process for LPAs
What is a referable applicaton?
A referable application is defined as “an application for planning permission of potential strategic importance (PSI)” by the Mayor of London Order 2008. Any application which meets one or more of the PSI Categories outlined in the Order (Categories 1-4) must be ‘referred’ to the GLA.
The following application types are also referable to the Mayor:
- S.73s/Minor Material Amendments to applications which were referable to the Mayor.
- Variation of S106 agreement under S.106A where the original application was referable to the Mayor
Initially, applications referred to the Mayor are known as Stage 1 referrals. Once we have validated the referral, the Mayor will have 6 weeks to provide his initial comments on the application. GLA officers will prepare a Stage 1 report assessing the proposal against the relevant London Plan policies. You will receive email confirmation of the validation and the deadline for a response. Once the Mayor has considered the application, you will also receive a copy of the GLA Stage 1 report by email.
Sometimes, particularly for S.73 applications where the proposed amendments do not raise further issues of London Plan compliance, we will deem an application to have ‘No Strategic Issues (“NSI”)’. When this is the case we will issue a decision letter within the 6 week determination period, informing you that the Mayor does not need to be consulted again on the application.
Occasionally, we may issue a stage 1 decision that stipulates you do not need to refer the application back at stage 2 if you resolve to grant/refuse (as applicable) at committee.
If the application is not NSI and we have issued a Stage 1 report, you will then need to progress the application to a resolution to determine. Once your Council has resolved to either grant or refuse permission, you will need to refer the application back to the Mayor for his final decision, except for the above mentioned exception. This is known as a Stage 2 referral. Once we have validated the Stage 2 referral as complete, the Mayor has 14 days to issue his final decision on the application. More information on the Mayor’s powers can be found here.
Applications that do not need to be referred to the Mayor
We do not need to be notified on the following application types:
- Applications that do not meet one of the PSI Categories
- Non-material amendments (S.96A)
- S.73s/Minor Material Amendments to applications that were not referable to the Mayor
- Applications for approval of Reserved Matters (unless the GLA has specified that it must determine them)
- Prior notification of permitted development, where the site is not within a strategic viewing corridor and/or the proposal would not have the potential to impact on the view
Applications you may need to consult us on but are not referable
The following application types are not referable applications but you may be required to consult the GLA under relevant regulations/legislation. Please use the “LPA Consultation Referral Form” on the GLA referral portal (rather than the “Stage 1 Referral Form” to consult us on these applications:
- EIA scoping/screening applications
- Prior notification of permitted development applications, where the site falls within a strategic viewing corridor and the proposal may impact on the view.
What makes an application valid?
Stage 1
We require a copy of all the associated documents for the planning application in order for it to be valid. You can upload the documents via our portal and/or provide a valid URL link that links directly to the planning documents on your website (please note that if you are only providing a URL link, the link must not expire, and it must not require us to input the planning reference number to access the documents, otherwise the referral will not be validated).
Additionally, policy SI7 of the London Plan 2021 states that referable applications should promote circular economy outcomes and be net zero-waste and requires Circular Economy Statements to be submitted. This should be a document in its own right. The draft Circular Economy Statements Guidance (October 2020) provides further information on how to prepare a Circular Economy Statement.
Stage 2
The Mayor of London Order (2008) sets out the specific information that is required for a stage 2 application to be valid:
(i) a copy of any representations made to the authority in respect of the application;
(ii) a copy of any report on the application prepared by an officer of the authority;
(iii) a statement of the decision the authority proposes to make; and
(iv) where the authority proposes to grant permission, a statement of any conditions it proposes to impose and a draft of any planning obligation it proposes to enter into and details of any proposed planning contribution.
Please note that the GLA will usually expect a full draft of the section 106 agreement, particularly where the detail goes to the heart of London Plan compliance. Such circumstances will include, for instance, details of any affordable housing contributions, affordable housing review mechanisms, or bespoke clauses relating specifically to the application (e.g. provision of a specific service or use). In other circumstances, the GLA may accept a list of the heads of terms, provided that these are of sufficient detail to address any issues of London Plan compliance. Please discuss the particular information requirements with the GLA case officer well in advance of making a Stage 2 referral.
Statement regarding fire safety and tall buildings
You will no doubt be aware that the government have published their consultation document shortly before the Christmas holiday on proposed changes to the Building Regulations, which includes mandatory second staircases in buildings over 30 metres in height.
https://www.gov.uk/government/news/government-proposes-second-staircases-to-make-buildings-safer
The Mayor has consistently expressed concerns that the fire safety requirements in the national Building Regulations are not fit for purpose, so the proposed strengthened requirements and clear direction at the national level are strongly supported. This consultation envisages a very short transition period with new developments being encouraged to prepare for this change now. In light of this – and given the requirements of London Plan policy D12 that all developments should achieve the highest standards of fire safety – we are clear that, with immediate effect, all planning applications which involve residential buildings over 30 metres in height will need to be designed to provide two staircases before they are referred to us at Stage 2 for the Mayor’s decision. We recognise that the earlier statement by the NFCC referenced over 18 metres but, to be clear, our requirement for two staircases applies to residential buildings over 30m in line with the national position.
The GLA’s Planning team is working with the Boroughs to progress schemes which are currently in the pipeline to ensure they include two staircases where necessary before any Stage 2 referral. We are all working hard to look at feasible options to secure this and try to meet key timescales, particularly given the impact planning delays may have on affordable housing grant funding. The GLA Housing and Land team are working alongside us with applicants and providers to achieve delivery of the current 16-23 Affordable Housing Programme. Investment partners should contact their Head of Area within Housing and Land to discuss the impact on AHP projects. The position of our Housing and Land colleagues is that any projects which were eligible for their funding, taking account of all criteria, and had full planning consents at all stages prior to the 23rd of December 2022 (when the government consultation was released) would remain eligible for funding subject to all other eligibility criteria still being met; but as mentioned, we still urge you to contact your relevant Heads of Area.
The Planning team would be happy to discuss specific applications you have that are affected by this so please get in touch via the relevant case officer. We are keen to work with you and partners to look at how we can progress these cases through to decision in a co-ordinated and pragmatic way.
Jules Pipe
Deputy Mayor, Planning, Regeneration and Skills
Tom Copley
Deputy Mayor, Housing and Residential Development
How do you submit a referable application to the GLA?
You need to submit a referral to the GLA via our ‘resident portal’: https://planning.london.gov.uk/resident2/s/login/. All London Planning Authorities (LPAs) should be registered on the GLA planning referral system, using a team email address. Please contact the relevant person in your LPA business support team to find out what the username and password is for your authority.
You can only send referrals to us via the portal. Email submissions are only allowed if agreement is sought previously e.g. technical issues etc. You can email [email protected] if you are having issues.
How to use the portal
See below for guidance on how to use the referral portal.
Contact
If you have any questions or require any assistance please contact us on [email protected]
Need a document on this page in an accessible format?
If you use assistive technology (such as a screen reader) and need a version of a PDF or other document on this page in a more accessible format, please get in touch via our online form and tell us which format you need.
It will also help us if you tell us which assistive technology you use. We’ll consider your request and get back to you in 5 working days.