This guidance explains our approach to negotiating planning applications. Its purpose is to make sure we are consistent in how we deal with proposals.
It applies to all types of application.
Background to this guidance
As the local planning authority, we aim to work positively with applicants. Our goal is to support development that improves the economic, social and environmental conditions of our borough. This goal meets the guidance outlined in paragraph 8 of The National Planning Policy Framework (NPPF).
A local planning authority does not have to accept changes or new information after validating an application. Our duty is to determine valid applications within statutory time limits, unless we agree in writing with the applicant to extend this period.
To reach a high design standard, it is sometimes necessary to change a planning application after its initial submission. These amendments help meet development plan policies, consider technical comments and address local residents' concerns. This approach achieves the best outcome for the community.
Significant and repeated changes to planning applications can confuse those involved. The time and resources they take to review delay decisions.
To address this, this guidance clarifies when we will accept and consider amendments to planning applications. It aims to balance efficiency with good customer care.
By setting out a consistent and clear approach, we intend to provide certainty to developers and residents. It also helps us respond to the government’s aim of speeding up the planning system.
Before you submit an application
You should not rely on the ability to negotiate during the application process to resolve issues that you should have addressed before submission.
The use of our pre-application advice service is encouraged in all cases. National planning policy encourages pre-application engagement. This helps make the planning system more efficient and effective for everyone involved. We offer a comprehensive pre-application advice service.
When we will negotiate
To decide if negotiations are appropriate during the application process, we will consider:
- Whether the changes are likely to result in a materially different development and a new application should be submitted.
- Whether the changes make the development acceptable without raising other issues.
- Whether it will be necessary to re-consult on or re-publicise the application.
- If the site is allocated and the proposal generally complies with the development plan.
- Whether new issues have been raised that were not part of pre-application discussions.
- Cases where the issues to be overcome are technical in nature and it would be more efficient for us to address them at application stage.
The proposal is acceptable as submitted.
The proposal is considered unacceptable as submitted. It could be made acceptable subject to minor amendments without the need for further consultation.
What this means
An extension of time may be needed to allow negotiations to take place. We usually accept one amended set of plans only to overcome any issues raised.
In instances where we accept negotiation, there is no guarantee that we will approve your application. Any recommendation will be dependent upon the acceptability of the amended plans. We will not consider multiple versions of the scheme as part of the application process.
Government guidance makes it clear that we have the discretion to:
- accept changes or extra information from the applicant
- decide if changes need to be re-consulted on
- decide if changes are significant enough to materially alter the proposal and a new application must be submitted
Only the case officer can initiate negotiation. They will not accept unsolicited amendments.
The proposal is considered unacceptable as submitted. It could potentially be made acceptable subject to:
- additional information or revisions being provided to address the concerns of a consultee
- minor amendments that require the need for further consultation
What this means
An extension of time may be needed to allow negotiations to take place. We usually accept one amended set of plans only to overcome any issues raised.
In instances where we accept negotiation, there is no guarantee that we will approve your application. Any recommendation will be dependent upon the acceptability of the amended plans. We will not consider multiple versions of the scheme as part of the application process.
Government guidance makes it clear that we have the discretion to:
- accept changes or extra information from the applicant
- decide if changes need to be re-consulted on
- decide if changes are significant enough to materially alter the proposal and a new application must be submitted
Only the case officer can initiate negotiation. They will not accept unsolicited amendments.
We will check if the applicant sought pre-application advice. If they did not, we will usually ask them to withdraw the application. We will ask them to use this facility rather than agree to negotiate.
If you have sought and followed pre-application advice but further discussions are needed, we offer a mid-application advice process. This process can make negotiation easier, leading to the resubmission of only one set of amended plans for consideration.
We will only offer this service for cases identified as suitable for negotiation in line with this protocol.
The proposal is considered unacceptable as submitted. Reasons for this could be one or a combination of the following:
- the principle of development cannot be supported
- the amount of change required would be significant
- previous pre-application advice has not been followed
What this means
A scheme is fundamentally unacceptable if it clearly goes against policy. In such cases, negotiations are unlikely to change this.
It would also apply if the scheme was considered to be substantially sub-standard in a number of respects. For example if it raised concerns on several grounds such as:
- design and visual impact
- highway safety
- drainage
- failure to provide adequate information to address issues identified by policy or consultation responses
- previous pre-application advice has not been followed
In this case, we will assume the application should be refused without negotiation. The reasons for refusal will inform the applicant of what needs to be fixed for a resubmission. They can also choose to appeal the decision.
As an alternative, the applicant will be invited to withdraw the application. They will then need to enter into a further pre-application process to try and address the issues identified.
Minor amendments
Applications given a category 2 or 3 response may be acceptable subject to minor amendments.
A ‘minor amendment’ and the need for re-consultation depend on the case officer’s judgment. It depends on the nature and scale of the changes based on the overall proposal and the feedback from third parties.
Common examples where amendments will not normally be accepted include:
- significant changes to the character or appearance of the development (either singularly or with a cumulative impact), including changes in scale such as the increase in the footprint of a new building or extension
- changes to the application site boundary
- significant changes to the site layout
- material changes to the description of the development (other than removing elements from the scheme)
- addition of new elements to the originally submitted proposal, such as additional:
- extensions
- openings facing neighbouring properties
- information - for example, transport assessment, transport statement or additional survey work such as ecological surveys
Amendments to address concerns of a consultee
Sometimes, those consulted on an application need changes to the plans or extra information.
These consultees include:
- external consultees like the Environment Agency and Natural England
- internal consultees such as the Highways Authority and the Lead Local Flood Authority
In these cases, negotiation and amendments may be acceptable in certain instances. In making this judgment, we will consider whether the information can be given and assessed within the statutory timeframe or an agreed extension of time.
No guidance can cover all eventualities. We will continue to work positively and proactively with applicants. This may lead to some exceptions to the above approach.
Summary of negotiation protocol
Application acceptable
If the application is acceptable, no negotiation is needed and the application can be approved.
Application not acceptable
Minor amendments without consultation
If the application needs minor amendments without consultation:
- negotiation may be accepted
- extension of time is needed
- 1 set amended plans is needed
The application will be approved or refused depending on acceptability of the amended plans.
Minor amendments with consultation
If the application needs minor amendments and consultation is required:
- negotiation may be accepted
- may be suitable for mid-application process
- extension of time is needed
- 1 set amended plans is needed
The application will be approved or refused depending on acceptability of the amended plans.
Principle is unacceptable or significant changes are needed
If the principle is unacceptable or significant changes are needed, the application will be refused.