This pages gives details of the two types of amendments you can apply for following the grant of planning permission - non material amendments and minor material amendments.
Amendments to planning applications and planning permissions are not uncommon and arise for a number of reasons. In the case of the former, amendments can help to deliver better overall developments or achieve proposals where development would otherwise be refused or may simply be corrections to the information provided as part of the planning application. Post decision changes may result from a need to change the proposals as part of the building regulations process or to accommodate hitherto unforeseen circumstances once construction or operations commence.
Previously, minor amendments were dealt with by means of an exchange of correspondence. However, from the 1st October 2009 new provisions were made in the Town and Country Planning Act which split post decision amendments into essentially two categories – non material amendments and minor material amendments.
These provisions only apply to planning permissions and do not apply to other planning related consents such as listed building consent, conservation area consent or advertisement consent.
If you are unsure which type of amendment you require, the local planning authority will be happy to advise you on the appropriate type of application. You can get this advice by either completing a one-stop-shop enquiry form or by contacting us via the details on the navigation bars to the right of the screen or by post. If you have plans of what the amendment you require is, this will assist us in determining the correct type of application.
Section 96A of the Town and Country Planning Act 1990 (introduced by section 190 of the Planning Act 2008) makes it possible to apply to make a non-material amendment to existing planning permissions.
In order to deliver a responsive planning system, it is custom and practice across the country that local planning authorities seek to accommodate small changes as 'non-material amendments' in order to avoid the need to submit a new planning application for minor changes to development proposals. This benefits the applicant who is not required to make a new planning application, with the time and financial costs incurred and the local planning authority can ensure that it uses its resources effectively and efficiently. As a non material amendment application is not an application for planning permission, provisions relating to consultation, publicity and notification do not apply.
Non material amendments must be within the scope of the original permission and must not result in a materially different scheme, with differing impact. In effect, accepting a non material amendment simply means that the local planning authority will not take enforcement action against the breach of planning control. It also ensures that that the authority has an accurate record of the development as completed.
Whilst every non-material amendment application will be considered on its merits, the local planning authority advises that if all of the follow criteria is followed then it is likely that the proposed amendment can be dealt with by this procedure.
- There would be no alteration to the application site boundary and the proposal would be located within it (red line boundary).
- The amendment would not conflict with development plan policies or other Government guidance.
- There would be no conflict with any conditions on the planning permission.
- The proposal would not exacerbate concerns raised by third parties at original planning application stage.
- The approved footprint/siting of the building will not be moved in any direction by more than one metre.
- The proposal would not result in an extension to development already approved.
- The height/volume of the building or extension would not be increased.
- A reduction in the height/volume/size of the building/extension.
- The amendments must not result in a fundamental change in the design of the building.
- Does not amount to new works or elements not considered by any environmental statement submitted with the application.
- Amendments to windows/doors/openings that will not have any overlooking impact on neighbouring properties.
The criteria set out above are designed to prevent amendments being accepted that would have a detrimental impact upon neighbours or amenity in the wider public interest. If these criteria cannot be met a minor material amendment or a new full application may be required in order to gain approval for the amendment.
There is a fee payable to the local planning authority for the consideration of a non-material amendment application which is currently £34 if the application is a householder application; and £234 in all other cases.
The Council will endeavour to respond within 28 days of receipt of the application to advise you if the changes can be accepted as an non-material amendment to the approved scheme, or whether a minor material amendment or a formal planning application will be required in order to pursue the amendments proposed.
Minor Material Amendments
Central government consider that the definition of a minor material amendment is 'one whose scale and nature results in a development which is not substantially different from the one which has been approved'.
In essence, a minor material amendment is something of a minor nature that has a material impact on the proposed development or on neighbouring properties. Amendments which are not minor in nature cannot be considered under this procedure and should be the subject of a new planning application.
To apply for a minor material amendment is via a variation of condition application under section 73 of the Town and Country Planning Act.
How do I Apply for an Amendment
There are essentially three ways you can apply for an amendment to a planning permission:
You can apply online using the Planning Portal. This enables you to submit your application electronically.
You can also download a copy of the application form (and guidance notes) from the Planning Portal and submit it to us via email or post.
Alternatively a paper copy of the forms can be collected from the Council Offices or sent out to you on request.
Last updated: Tuesday, 5 March 2019 1:47 pm