Negotiation and amendments during a planning application

Introduction

In line with national planning policy, West Berkshire Council seeks to approach development proposals positively, make timely decisions, and maximise early engagement. This protocol explains how we provide pre‑application advice and the circumstances in which we will normally negotiate or accept amendments during an application. Its aim is to support efficient, transparent and customer‑focused decision-making.

National policy emphasises the importance of early engagement to achieve well‑designed, sustainable development. Pre‑application discussions help establish key principles and identify issues before an application is submitted, avoiding delay and reducing the need for later amendments.

West Berkshire Council offers a pre‑application advice service, and all prospective applicants are strongly encouraged to use it before submitting a planning application.

While negotiation can assist the planning process, it cannot replace submitting a clear, complete and well‑prepared application. Issues that should have been resolved through pre‑application engagement will not normally be revisited once an application is under consideration, nor will we enter extensive discussions on proposals that are fundamentally unacceptable.

The Council aims to issue decisions promptly and within statutory timescales. Applications will therefore generally be determined as submitted, unless a minor amendment is both necessary and achievable within the available timeframe.

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.

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

Our approach

Government guidance confirms that accepting amendments or additional information during an application is at the discretion of the local planning authority, including whether further consultation or publicity is required, or whether a change is so significant that a new application is necessary.

When an application is submitted, the Council expects it to be:

supported by all relevant information in accordance with the Local Validation List; and
capable of being fully assessed and determined as submitted

Our normal position is not to seek or accept amendments after validation. Applicants are therefore encouraged to use the pre‑application service to address issues before applying.

Please do not submit amendments in response to objections or consultation responses unless agreed with your case officer. Amendments will only be accepted at the Council's discretion and may require an extension of time.

The Planning Service retains final discretion on whether to negotiate or accept amendments on a case-by-case basis.

When we will negotiate

If an application is capable of being approved as submitted, we will aim to determine it within statutory timescales.

Where only minor amendments or a limited amount of additional information are needed to make a proposal acceptable, the case officer will consider:

a. Whether pre‑application advice was sought; if not, applicants will normally be directed to the pre‑application service.
b. If pre‑application advice was given, whether it was followed.
c. Whether the matters could reasonably have been addressed before submission.
d. The scale and nature of changes required.
e. Whether making one change would create issues elsewhere.
f. Whether re‑consultation or re‑publication would be necessary.
g. How long it would take to prepare the amendment(s).
h. The impact on service resources and timescales.

Where negotiations are offered:

normally only one opportunity to amend will be provided
an extension of time will often be required
if additional information is required, a clear timeframe will be set - failure to meet it may result in refusal

When we won't negotiate

We will not normally negotiate where:

significant amendments or substantial additional information would be needed
we are minded to refuse permission, applicants may be invited to withdraw, but this is not an opportunity to negotiate

We will not normally seek minor technical amendments where an application is fundamentally unacceptable. Applicants should use the pre‑application service to resolve such issues.

Prior approval and time sensitive applications

Some applications, such as certain prior approvals, benefit from deemed consent if a decision is not issued within strict statutory deadlines. For these applications, we will not normally accept amendments or additional information. Exceptions will only be made where the case officer is satisfied that timescales will not be affected.

Discharge of conditions applications

Government guidance expects discharge‑of‑condition applications to be determined within eight weeks. These applications will normally be determined on their merits as submitted, with no negotiation. Applicants may choose to submit separate applications for individual conditions to avoid delays, but should consider how conditions relate to each other.

Applications affected by nutrient neutrality

Most planning applications within the catchment of the affected rivers must address nutrient neutrality. This does not affect most householder applications. Applicants are responsible for providing a technically sound mitigation strategy at submission, supported by appropriate expertise. Early engagement with our Ecology team is strongly recommended.

Where nutrient neutrality issues arise during consideration and no adequate mitigation has been provided, it will usually be necessary to withdraw and reapply once a strategy is developed. If not withdrawn, the application is likely to be refused due to insufficient information.

Extension of time requests from the Council

Occasionally, the Council may need to request an extension of time. This will normally be limited to circumstances such as:

when a committee decision is required
when a legal agreement must be completed
when an essential consultation response is delayed (for example, Natural England advice on nutrient neutrality)
when a single negotiated amendment has been agreed, as allowed by this protocol

We must balance fairness with timely decision-making. We will not agree to repeated extensions or to negotiations that fall outside this protocol, as this would affect the Service's ability to deliver timely decisions overall.