New Planning Processes
From June 2010 Government introduced new processes to the planning system to enable changes to an application that has been determined.
Non Material Changes
Many Planning Authorities have for some time had informal systems for dealing with non-material changes to permissions without needing to require the submission of a new application. At Cannock Chase officers agree to these requests in circumstances where there would be no materially different impact on planning considerations, including for example, no different effects on the amenity of neighbouring occupiers. Where there would be a materially different impact new applications are requested. However the Courts have held that there is no formal lawful means of approving any change to a permission after it has been issued.
This new procedure, enabled by the 2008 Planning Act & given effect by amendment to the General Development Procedure Order (GDPO) provides a new formal process in the form of a simplified application submitted on a standard form which is required to be determined in 28 days. No design & access statements nor consultation nor publicity is required to be undertaken in these cases. Under this process new conditions may be imposed, existing conditions removed or altered. In deciding whether a change is material Planning Authorities must "have regard to the effect of the change, together with any previous changes made under this section".
Minor Material Changes
This new procedure, also introduced by amendment to the GDPO, provides for a simplified process of making applications to alter conditions on an existing planning permission whereby the Planning Authority only need consult those statutory bodies whose interests could be materially affected by the proposed changes.
Last Updated: 18/01/2018