Toggle menu

Negotiation and amendments during a planning application

Introduction

Consistent with national policy and guidance, West Berkshire Council has the following objectives for decision-making on planning applications:

  •  approaching development proposals in a positive and creative way
  • making timely decisions on planning applications
  • maximising pre-application engagement and the front-loading of negotiations and discussions prior to the submission of planning applications

This protocol sets out how we will engage in giving advice on planning proposals before the submission of an application. It also explains the extent to which we will negotiate and consider amendments during the consideration of applications. The overall aim of this protocol is to improve the overall customer experience and ensure timely decision-making.

For guidance on amendments after we've made a planning decision see our amending an approved application page.
 

The value of pre-application advice

The National Planning Policy Framework says that local planning authorities should approach decisions on proposed development in a positive and creative way, and that decision-makers at every level should seek to approve applications for sustainable development where possible. It clearly emphasises the important of pre-application engagement and front-loaded to achieve this objective.

Pre-application engagement is not just about establishing the principle of development, it also has an important role in informing and influencing the design. Doing so at an early pre-application stage is more efficient than trying to implement suggested revisions at a later stage.

West Berkshire Council offers a pre-application advice service, full details of which are available here: Planning pre-application advice service. All prospective applicants are strongly encouraged to use this service before making a planning application.
 

Negotiations and amendments during an application

Negotiations on proposals when the planning application is under consideration can be a useful part of the planning process, but this is not a substitute for a well-prepared, clear and complete planning application submission. As such, the ability to negotiate during an application will not be used to resolve issues which should have been addressed prior to the submission of an application. It is also not an opportunity to enter protracted discussions about whether a proposal which is unacceptable as submitted can be made acceptable.

Timely decisions provide certainty and transparency in decision-making for everybody, including consultees and the public. Once a planning application has been validated, Government policy expects the local planning authority to make a decision on the proposal as quickly as possible. Given the volume and complexity of planning work that the Development Management team deals with on a regular basis it is also important that decisions are made in a timely manner to enable acceptable developments to go ahead without delay.

Accordingly, the Council is seeking to determine applications within the statutory timescales, unless an extension of time is genuinely required in accordance with this protocol. The statutory timescales are typically 16 weeks for applications subject to Environmental Impact Assessment, 13 weeks for major applications, and eight weeks for other applications.

Where it is clear at the outset that an extended period will be necessary to process an application, the local planning authority and the applicant should consider entering into a planning performance agreement (PPA) before the application is submitted. These need to be agreed prior to submission, so prospective applicants are encouraged to make early enquiries if it is considered that a PPA would be helpful, particularly on major or complex proposals.
 

Our approach

Government guidance is clear that it is at the discretion of the local planning authority whether to accept changes or additional information to submitted applications. The local planning authority also has discretion to determine if the changes need to be re-consulted on, or if the proposed changes are so significant as to materially alter the proposal such that a new application should be submitted.

The Council will exercise its discretion whether to request or accept amendments or additional information to a planning application under consideration. Upon receipt of an application the Council will expect it to be:

  • supported by relevant information, with reference to the Council's local validation list; and
  • capable of being fully assessed against relevant planning policies and determined as submitted

On that basis, the Council's normal position is not to seek or accept amendments after validation. We emphasise this approach by encouraging all to engage in the pre-application service.

We will not accept unsolicited amendments. Please do not submit amendments in response to an objection or consultation responses unless first cleared with your planning case officer. Amendments will only be accepted in accordance with this protocol, and where there is sufficient time to consider them, which in most circumstances will require an extension of time to be agreed. 

When assessing applications, the case officer will apply the following rules to decide whether it is appropriate to negotiate and accept amendments, or to proceed with a timely decision.
 

When we will negotiate

Where an application is capable of being approved as submitted, we will seek to determine the application within the timescales set out by the Government, where possible.

Where an application requires a small amendment or a limited amount of additional information to be capable of being approved, the case officer will consider the following to decide whether it is appropriate to offer to negotiate with the applicant:

a.  whether pre-application advice has previously been sought; if it hasn't, we will normally ask the applicant to use this service rather than agreeing to negotiate

b.  where pre-application advice has been given, whether the advice was followed; if not, we will normally proceed to determine the application as submitted

c.  whether or not these matters could have been reasonably addressed prior to submission using pre-application advice

d.  the scale and amount of changes needed to make the development acceptable in planning terms

e.  whether the changes needed to make the development acceptable in one respect would raise issues with other planning considerations

f.   whether it would be necessary to re-consult on, and/or re-publicise, the application

g.  the time it would take to prepare and submit the amendments or additional information

When we negotiate amendments:

  • normally only one opportunity will be given to address the issues raised
  • where negotiations and amendments take place, it will often be necessary to agree an extension of time in order that they can be considered and/or consulted upon
  • where additional information is required, a timescale will be given for its submission; if the timescale is not agreed or met the application will be refused

 

When we won't negotiate

Where an application requires significant amendment or additional information to be capable of being approved, these applications will be refused.

Where we are minded to refuse a planning application, we will communicate this with you as appropriate and, where possible, give you an opportunity to withdraw the application. This is not an opportunity to enter into negotiations or submit further information. We would encourage you to engage with our pre-application advice service to prepare a suitable resubmission.

Where there are fundamental reasons to refuse planning permission, we will not seek to negotiate small amendments on technical points that will not affect the overall decision. We encourage the use of the pre-application advice service to address such technical issues.

 

Householder applications

Residents seeking planning permission for domestic extensions and other householder development are encouraged to have regard to the Council's design guidance (House Extensions SPG and Part 2 of the Quality Design SPD series) in developing their proposals. Where dwellings are located in the countryside, there is a greater emphasis on ensuring any extensions are subservient to the host dwelling in accordance with Policy C6. We also offer specific pre-application advice that can be sought before making an application.

We aim to determine householder applications within the statutory timescales. As such, we will not normally accept amendments once a valid application has been received.

Whilst not a mandatory validation requirement, if an applicant and their agent considers a proposal to be "borderline" in terms of its acceptability, they may wish to include a justification statement as part of the original application submission, making specific reference to the above policies.

 

Prior approval and time sensitive applications

Some applications we deal with are time sensitive with consent being deemed to have been granted automatically if a decision is not made within the original timeframe. These include a number of prior approval applications for permitted developments. We will not normally negotiate or accept amendments or additional information on these applications. Exceptions will only be made at the officer's discretion where timescales will not be affected.

 

Discharge of conditions applications

The Government expects such applications to be determined within eight weeks. Such applications will be determined on their merits as submitted with no negotiation or amendments permitted. If applicants and their agents are concerned about the likely outcome of their discharge of condition applications, it may be advisable to make separate applications for individual conditions. That way conditions can be discharged as soon as it is confirmed the details are acceptable. However, you should consider the interrelationship between conditions.

 

Applications affected by nutrient neutrality

Where applications are affected by nutrient neutrality, it is the responsibility of the applicant to provide a mitigation strategy with appropriate professional expertise. This strategy, together with all supporting information should be submitted with the application at the outset. Due to the complexities of this issue, prospective applicants for proposals within the catchment of the affected rivers are strongly encouraged to seek early advice from our Ecology team.

The Council is responsible for undertaking the Habitat Regulations Assessment. Where it is determined during the consideration of an application that a proposal is required to mitigate its nutrient impact, and this has not been adequately addressed, it will normally be necessary to reapply at a later date once a proposed mitigation strategy has been prepared. This is because such mitigation schemes can take a considerable period of time. Where this arises, applicants will normally be invited to withdraw the application. Otherwise the application may be refused due to insufficient information.

 

Extension of time requests from the Council

It is recognised that sometimes it will be necessary for the Council to request an extension of time to determine the application. We will seek to limit these to the following situations:

  • a committee decision is required, in which case the application will be scheduled for the first available committee date
  • a legal agreement is required
  • where there is a delay in a consultation response, and that consultation is essential; for example, Natural England advice on nutrient neutrality
  • where we have agreed to one opportunity to negotiate on a small amendment or additional information as set out above

We are mindful of procedural fairness, but we must also endeavour to make timely decisions where possible. Further extensions or negotiations requested by applicants will not be accepted that do not accord with this protocol. Otherwise, the Service's overall ability to issue timely decisions for applications would be affected.

Share this page

Share on Facebook Share on Twitter Share by email