Amending Current Applications

Almost 80% of planning applications received by Stratford-on-Avon District Council are granted planning permission, and a significant number of these will involve some form of negotiation.

Negotiations during the course of an application are an important part of the planning process. They enable schemes to be amended and improved to:

• meet the needs of technical consultees
• address concerns raised by neighbours, town or parish councils and councillors
• comply with the requirements of the adopted development plan
• allow for a pragmatic response to the needs of the developers

The facility to make amendments is, however, not an alternative to a properly thought through and prepared application. In the case of planning applications not submitted on householder forms, we welcome and encourage discussions before you submit an application via our pre-application advice service. Pre-application advice will give more certainty at an earlier stage and help resolve issues so speedier decisions can be made. If you wish to, you can seek pre-application advice from the Planning team (not available for householders).

A very important part of the planning officer's role is to make a recommendation on the acceptability or otherwise of a planning application. Having considered all relevant factors, the planning officer might conclude that the proposal is unacceptable for a number of reasons. In this case, a further judgement is required on whether negotiations should be carried out in an attempt to make the scheme acceptable.

When we negotiate

A number of factors will influence when we accept negotiations. The main factors are policy considerations and the scale of amendments required.

Planning applications typically fall into one of the following categories:

1. Scheme acceptable as submitted – grant without negotiation
2. Scheme unacceptable as submitted - refuse without negotiation. If the proposed scheme is clearly contrary to adopted planning policies, for example, it is unlikely that negotiations can overcome this. In this case, the planning case officer will proceed to progress the application to a determination. The decision notice will detail the reason(s) for refusal of the application, which will provide clarification of why the development is unacceptable so that an applicant can seek to address the issues raised in a re-submitted application, if they wish to do this.
3. Scheme unacceptable as submitted, but needs only minor amendments that would not materially alter the application to make it acceptable – grant following negotiation

If your scheme only requires a relatively minor change to make it acceptable, the presumption is that negotiations will be undertaken to obtain satisfactory amended plans and / or supporting documentation before the application is put forward for a decision. Guidance on cases that can normally be treated as minor amendments to current planning applications is provided below.

Minor amendments to current planning applications

The table below provides guidance on cases that can normally be treated as minor amendments to current planning applications.

Please note that this list is not exhaustive, and whether amendments constitute a minor amendment will be a matter for consideration by the planning case officer.

Amendments to current planning applications will not normally be accepted where this would delay the decision of the application beyond Government targets.

Amending your plans or providing additional information

If you are asked to amend you plans and the case officer confirms that they will accept such amendments as part of the current application, the case officer will give you a date by which you must submit the plans and any additional information.

If the amendments are not received by the date given or a subsequent date agreed between you and the case officer in writing, we will determine the application as it stands.

The council has clear targets set by the Government to ensure that planning applications are determined in a timely manner. Therefore, only one round of negotiation and (if necessary) consultation will be entered into per application (unless it is a Major application).

Amending your application for a Certificate of Lawful Development

There may be instances where a Certificate of Lawful Development cannot be granted based on the application as submitted, but only minor issues need to be resolved to enable the officer to recommend that the certificate be granted. Please consult the guide to amending your application for a Certificate of Lawful Development.