Amendments to a scheme after a decision
You can apply for a non-material amendment to an existing planning permission. Section 96A of the Town and Country Planning Act 1990 (amended by Planning Act 2008) covers this. You may need to make a change after the planning decision because:
Building Regulations require a change to the proposals unplanned issues arise when construction or operations start.
Local Planning Authorities may allow small changes as 'non-material amendments'. The benefits are:
- the applicant avoids the time and costs of making a new planning application
- the Local Planning Authority can make the best use of its resources.
- There will be no consultations, publicity or notifications because a non-material amendment is not an application for planning permission.
Non-material amendments must:
- be within the scope of the original planning permission
- not result in a materially different scheme that has a differing impact.
When a non-material amendment is accepted, it means that:
- enforcement action will not be taken against the breach of planning control
- there is an accurate record of the development as completed.
There is no statutory definition for 'non-material' changes. It depends on the context and is determined by the Local Planning Authority. If the scheme is not considered to be non - material then a Section 73 application or a new full application may be required.
