The following provides guidance on our approach to negotiating on planning applications.
The National Planning Policy Framework and best practice guidance places an emphasis on applicants entering into pre-application discussions to identify issues prior to the submission of a planning application, making it more likely to result in a proposal that does not require further amendments or additional information during the decision-making process.
See details of our pre-application protocol and charging regime on our Pre-application planning advice page.
The emphasis on meaningful pre-application engagement to improve the efficiency and quality of applications presumes that the decision making process should not be used to address issues that should have been identified prior to the submission of an application.
Our focus is to determine applications within the statutory time period with extensions of time only used in exceptional circumstances.The following protocol sets out the guidance as to where we will, or will not, negotiate on applications in order to assist in timely decision making, and avoiding protracted negotiations occurring which takes up valuable time and resource for the Council and its customers.
Approach to negotiations
The decision to request or accept changes to an application under consideration is at our discretion rather than an applicant.
The submission of amendments or additional information will not be accepted unless requested or agreed with the case officer beforehand.
In those cases, an assessment will be made based on the guidance below.
When to negotiate
When applying this assessment to negotiations, officers will undertake the following cascade process:
- The proposal is acceptable as submitted - Approve
- The proposal is considered unacceptable as submitted, but could be made acceptable subject to minor amendments that do not materially alter the scheme; raise other issues; and would not require further consultation - Approve following negotiation
- The proposal is considered unacceptable as submitted but could be made acceptable subject to minor additional information to address concerns of a consultee - Approve following negotiation
- The proposal is considered unacceptable as submitted, because it is contrary to policy, or that the changes would result in a materially different scheme - Refuse
The decision to following either of these steps will rest solely with the officers within the Development Management Team.
The purpose of this process is to make sure that any negotiations are not protracted and are simple discussions to resolve issues in a timely manner.
The agreement to accept amendments in the case of point 2 and 3 will only be made in the following circumstances:
- that there is an extension of time agreed prior to the amendments being submitted
- that pre-application advice has been sought prior to the submission of the application (in the event that no pre-application advice was sought then neither point 2 or 3 will be considered)
What constitutes minor amendments to an application
It is the Council who decides whether or not an amendment to an application, and / or whether the submission of further information is material or not.
The following are examples where amendments will not normally be accepted:
- alterations to the quantum and types of land use(s) proposed
- material changes to the description of the development
- alterations to the site boundary
- significant changes to the site layout
- significant changes to the character and appearance of the proposal
- additional technical information such as Transport Assessments, Flood Risk Assessments, Noise Assessments, Ecological Surveys etc.
The main consideration for accepting an amendment to an application would be where the change being proposed is considered to be a minor alteration, such that it does not require further consultation that will delay the determination of an application.
What happens when minor amendments to an application are sought?
Where officers identify that minor amendments could be made to an application under the cascade process above, the expectation will be that only one round of amendments will be allowed.
The case officer will set out what amendments are expected and provide a timeframe for these amendments, or any additional information, to be submitted and this will be agreed through an Extension of Time. Where amendments are not submitted by the agreed date, then the application will be determined as submitted.
