Rules
An amendment fee will not be charged where a Planning Performance Agreement (PPA) is in place. These rules therefore do not apply to applications where a PPA has been signed and a PPA fee paid.
- The appropriate amendment fee will be charged for any amendment accepted (the fee is per submission which can include a package of amendments).
- This is to ensure that the costs of amending an application are covered by the applicant/developer and to ensure efficiency in considering amendments
- For householder applications, only one amendment/set of amendments will be accepted.
- This is to ensure that the number of amendments is managed to avoid an increase in the backlog of applications
- For non-householder applications, only two amendments/set of amendments will be accepted.
- This is to ensure that the number of amendments is managed to avoid an increase in the backlog of applications
- Amendments will only be accepted where the case officer has requested them and/or the case officer has agreed to the submission of an amendment.
- The reasons for this are as follows:
- Where a planning application is clearly unacceptable in principle and amendment will not resolve the in-principle concerns, the Council considers it onerous to require applicants to pay for amended plans or assessments where permission is likely to be refused. Additional costs to the Council for dealing with amendments to applications which are likely to be refused bring no public benefits.
- Where an application requires extensive amendments and protracted negotiations to achieve a positive outcome, the time implications would be inefficient, likely to impact on officer time available to consider other applications and the costs to the Council would be likely to be in excess of the amendment fee.
- An extension of time (EOT) agreement will be required before accepting the amendment, where deemed appropriate by the planning case officer.
- This is to ensure that the amendments do not result in an increase in applications exceeding the time limit
- The appropriate fee must be paid before the amendment is formally accepted by the Council as an amendment to the planning application.
- This is to ensure that the costs of considering amendments are covered and to ensure consistency of approach
- Where the amendments required are significant; and/or would result in a significant difference from the original proposal; and/or require a different application fee, it is not considered appropriate to amend an application. Instead a fresh application should be submitted. In this case if the application is not withdrawn: amendments will not be accepted and the application will be determined as submitted;
- Reason: A fresh application should be submitted where the amendments go beyond the intent of the original application.
- If the applicant/agent fails to provide the requested amendment within the timescale given by the case officer, the application will be determined as originally submitted.
- Reason: to ensure planning applications are considered efficiently within the statutory time period and to avoid a backlog of applications
- Amendment fees are only refundable in certain circumstances: where the planning officer refuses to accept the amendments; and/or the amendments have not been invited; and/or they are submitted too late.
- Reason: to ensure that the Council and taxpayer does not bear the cost of additional resource
- It is at the discretion of the planning case officer for the planning application as to whether amendments fall within the definition set out above.
- Reason: some changes may not be chargeable as additional information may be necessary in some cases for the Council to carry out its statutory duty of determining the planning application
- The final decision with regard to discretion about charging for amendments will be made by the Development Manager or the Head of Planning Services.
- Reason: to ensure that amendments are processed and considered in the public interest and that there is consistency of approach