Minor material amendment - Revision history

Designing Buildings at 07:53, 18 September 2020

2020-09-18T07:53:15Z

← Older revision		Revision as of 07:53, 18 September 2020
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	This process does not apply to listed building consents or to applications in conservation areas for which a complete new application must be made.		This process does not apply to listed building consents or to applications in conservation areas for which a complete new application must be made.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Alterations to existing buildings.		* Alterations to existing buildings.
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	* Section 106 agreement.		* Section 106 agreement.

−	=== External references ===	+	= External references =

	* [http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/ Planning practice guidance].		* [http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/ Planning practice guidance].

−	[[Category:Planning_permission]]	+	[[Category:DCN_Definition]] [[Category:DCN_Group]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:Planning_permission]]

Editor at 15:28, 7 March 2018

2018-03-07T15:28:32Z

← Older revision		Revision as of 15:28, 7 March 2018
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	An amendment that is considered to be more significant than a non-material amendment will require a new application. This may be an application for a 'minor material amendment' to the existing planning permission, or if the change is not considered to be a minor material amendment, then a new planning application will be required.		An amendment that is considered to be more significant than a non-material amendment will require a new application. This may be an application for a 'minor material amendment' to the existing planning permission, or if the change is not considered to be a minor material amendment, then a new planning application will be required.

−	There is no statutory definition of what ‘minor material amendment’ means, instead, local authorities are responsible for deciding, given the local context in each case. However, the government suggests that minor material amendments are likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved, and recommends that pre-application discussions should be used to determine whether an amendment is a minor material amendment before an application is submitted. Ref [http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/ ~~planning~~ practice guidance].	+	There is no statutory definition of what ‘minor material amendment’ means, instead, local authorities are responsible for deciding, given the local context in each case. However, the government suggests that minor material amendments are likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved, and recommends that pre-application discussions should be used to determine whether an amendment is a minor material amendment before an application is submitted. (Ref. [http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/ Planning practice guidance].)

	This might include changes where:		This might include changes where:
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===

		+	* Alterations to existing buildings.
	* Detailed planning application.		* Detailed planning application.
	* Material alteration.		* Material alteration.

Designing Buildings at 06:43, 17 May 2017

2017-05-17T06:43:28Z

← Older revision		Revision as of 06:43, 17 May 2017
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	A decision should be made in eight weeks (or 13 weeks for major applications) and has the effect of creating a new planning permission alongside the original permission. The decision notice should set out any conditions attached to the original permission which have not been discharged, along with any conditions attached to the new permission.		A decision should be made in eight weeks (or 13 weeks for major applications) and has the effect of creating a new planning permission alongside the original permission. The decision notice should set out any conditions attached to the original permission which have not been discharged, along with any conditions attached to the new permission.

−	This process does not apply to listed building consents or ~~works~~ in conservation areas for which a complete new application must be made.	+	This process does not apply to listed building consents or to applications in conservation areas for which a complete new application must be made.

	= Find out more =		= Find out more =

Designing Buildings at 06:41, 17 May 2017

2017-05-17T06:41:40Z

← Older revision		Revision as of 06:41, 17 May 2017
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	A decision should be made in eight weeks (or 13 weeks for major applications) and has the effect of creating a new planning permission alongside the original permission. The decision notice should set out any conditions attached to the original permission which have not been discharged, along with any conditions attached to the new permission.		A decision should be made in eight weeks (or 13 weeks for major applications) and has the effect of creating a new planning permission alongside the original permission. The decision notice should set out any conditions attached to the original permission which have not been discharged, along with any conditions attached to the new permission.

−	This process does not apply to listed building consents or conservation ~~area consents~~ for which a complete new application must be made.	+	This process does not apply to listed building consents or works in conservation areas for which a complete new application must be made.

	= Find out more =		= Find out more =

Designing Buildings at 12:29, 28 January 2017

2017-01-28T12:29:20Z

← Older revision		Revision as of 12:29, 28 January 2017
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−
	It is sometimes necessary to amend development proposals after planning permission has been granted.		It is sometimes necessary to amend development proposals after planning permission has been granted.

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	This might include changes where:		This might include changes where:
−	*The site boundary is not changed	+
−	*The siting, landscape, scale and height is not significantly changed	+	* The site boundary is not changed
−	*The use is not changed.	+	* The siting, landscape, scale and height is not significantly changed
−	*The appearance is not adversely affected.	+	* The use is not changed.
−	*The change is compliant with local planning policy and with the conditions attached to the original permission.	+	* The appearance is not adversely affected.
−	*Changes to windows or other openings that do not impact on neighbouring properties.	+	* The change is compliant with local planning policy and with the conditions attached to the original permission.
−	*The interests of parties consulted about the original application are not disadvantaged.	+	* Changes to windows or other openings that do not impact on neighbouring properties.
		+	* The interests of parties consulted about the original application are not disadvantaged.

	An application for a minor material amendment can be made under section 73 of the Town and Country Planning Act 1990, allowing conditions associated with the existing permission to be varied or removed. This can be used to vary a condition that lists the drawings associated with the existing planning permission. If there is no such condition, one may be added using an application under section 96A of the Town and Country Planning Act 1990 and then a section 73 application to vary that condition.		An application for a minor material amendment can be made under section 73 of the Town and Country Planning Act 1990, allowing conditions associated with the existing permission to be varied or removed. This can be used to vary a condition that lists the drawings associated with the existing planning permission. If there is no such condition, one may be added using an application under section 96A of the Town and Country Planning Act 1990 and then a section 73 application to vary that condition.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Detailed planning application.	+
−	*Material amendment.	+	* Detailed planning application.
−	*National Planning Policy Framework.	+	* Material alteration.
−	*National Planning Practice Guidance.	+	* Material amendment.
−	*Non material amendment.	+	* Material change of use.
−	*Outline planning application.	+	* National Planning Policy Framework.
−	*Permitted development.	+	* National Planning Practice Guidance.
−	*Planning authority.	+	* Non material amendment.
−	*Planning conditions.	+	* Outline planning application.
−	*Planning consultant.	+	* Permitted development.
−	*Planning enforcement.	+	* Planning authority.
−	*Planning obligations.	+	* Planning conditions.
−	*Pre-application advice.	+	* Planning consultant.
−	*Section 106 agreement.	+	* Planning enforcement.
		+	* Planning obligations.
		+	* Pre-application advice.
		+	* Section 106 agreement.

	=== External references ===		=== External references ===
−	*[http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/ Planning practice guidance].	+
		+	* [http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/ Planning practice guidance].

	[[Category:Planning_permission]]		[[Category:Planning_permission]]

Designing Buildings at 07:10, 12 April 2015

2015-04-12T07:10:14Z

← Older revision		Revision as of 07:10, 12 April 2015
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−	It is sometimes necessary to amend development proposals after planning permission has been granted.	+	It is sometimes necessary to amend development proposals after planning permission has been granted.

	Where these are not significant amendments, they may be described as ‘non-material’. Section 96A of the Town and Country Planning Act 1990, amended by the Planning Act 2008, permits applications for non-material amendment to planning permissions. This avoids the need for a new planning application to be submitted, allowing instead for the existing permission to be amended whilst remaining subject to the original conditions and time limits.		Where these are not significant amendments, they may be described as ‘non-material’. Section 96A of the Town and Country Planning Act 1990, amended by the Planning Act 2008, permits applications for non-material amendment to planning permissions. This avoids the need for a new planning application to be submitted, allowing instead for the existing permission to be amended whilst remaining subject to the original conditions and time limits.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
	*Detailed planning application.		*Detailed planning application.
		+	*Material amendment.
	*National Planning Policy Framework.		*National Planning Policy Framework.
	*National Planning Practice Guidance.		*National Planning Practice Guidance.

Designing Buildings at 07:07, 11 April 2015

2015-04-11T07:07:53Z

← Older revision		Revision as of 07:07, 11 April 2015
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−	It is sometimes necessary to amend development proposals after planning permission has been granted. Where these are not significant amendments, they may be described as ‘non-material’. Section 96A of the Town and Country Planning Act 1990, amended by the Planning Act 2008, permits applications for non-material amendment to planning permissions. This avoids the need for a new planning application to be submitted, allowing instead for the existing permission to be amended whilst remaining subject to the original conditions and time limits.	+	It is sometimes necessary to amend development proposals after planning permission has been granted.

−	~~An amendment that is considered to~~ be ~~more significant than a~~ non material amendment ~~will require~~ a new application~~. This may~~ be ~~an application~~ for ~~a minor material amendment to~~ the existing ~~planning~~ permission~~, or if the change is not considered~~ to be ~~a minor material amendment, then a new planning application will be required~~.	+	Where these are not significant amendments, they may be described as ‘non-material’. Section 96A of the Town and Country Planning Act 1990, amended by the Planning Act 2008, permits applications for non-material amendment to planning permissions. This avoids the need for a new planning application to be submitted, allowing instead for the existing permission to be amended whilst remaining subject to the original conditions and time limits.

−	There is no statutory definition of what ‘minor ~~material’~~ means, instead, local authorities are responsible deciding, given the local context in each case. However, suggests that minor material amendments are likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved and recommends that pre-application discussions ~~will~~ be ~~useful~~ to ~~judge~~ whether an amendment is a minor material amendment before an application is submitted. Ref [http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/ planning practice guidance].	+	An amendment that is considered to be more significant than a non-material amendment will require a new application. This may be an application for a 'minor material amendment' to the existing planning permission, or if the change is not considered to be a minor material amendment, then a new planning application will be required.
		+
		+	There is no statutory definition of what ‘minor material amendment’ means, instead, local authorities are responsible for deciding, given the local context in each case. However, the government suggests that minor material amendments are likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved, and recommends that pre-application discussions should be used to determine whether an amendment is a minor material amendment before an application is submitted. Ref [http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/ planning practice guidance].

	This might include changes where:		This might include changes where:
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	*The use is not changed.		*The use is not changed.
	*The appearance is not adversely affected.		*The appearance is not adversely affected.
−	*The change is compliant with local policy and conditions attached to the original permission.	+	*The change is compliant with local planning policy and with the conditions attached to the original permission.
	*Changes to windows or other openings that do not impact on neighbouring properties.		*Changes to windows or other openings that do not impact on neighbouring properties.
−	*The interests parties consulted about the original application are not disadvantaged.	+	*The interests of parties consulted about the original application are not disadvantaged.

−	An application for a minor material amendment can be made under section 73 of the Town and Country Planning Act 1990, allowing conditions associated with the existing ~~planning~~ permission to be varied or removed. This can be used to vary a condition that lists the drawings associated with the existing planning permission. If there is no such condition, one may be added using an application under ~~s96A~~ of the Town and Country Planning Act 1990 and then a section 73 application to ~~make minor material amendments~~.	+	An application for a minor material amendment can be made under section 73 of the Town and Country Planning Act 1990, allowing conditions associated with the existing permission to be varied or removed. This can be used to vary a condition that lists the drawings associated with the existing planning permission. If there is no such condition, one may be added using an application under section 96A of the Town and Country Planning Act 1990 and then a section 73 application to vary that condition.

−	Applications can be made using a ~~‘Variation~~ or ~~Removal~~ of ~~Condition~~' form accompanied by drawings describing the nature of the amendment and an application fee. The local authority have the discretion to decide who should be consulted about the application and the approach that should be taken to ~~ntofication~~.	+	Applications can be made using a ‘variation or removal of condition' form accompanied by drawings describing the nature of the amendment and an application fee. The local authority have the discretion to decide who should be consulted about the application and the approach that should be taken to notification.

−	A decision should be made in eight weeks (or 13 weeks for major applications) and has the effect of creating a new planning permission, alongside the original permission. The decision notice should set out any conditions attached to the original permission which have not been discharged, along with any conditions attached to the new permission.	+	A decision should be made in eight weeks (or 13 weeks for major applications) and has the effect of creating a new planning permission alongside the original permission. The decision notice should set out any conditions attached to the original permission which have not been discharged, along with any conditions attached to the new permission.

	This process does not apply to listed building consents or conservation area consents for which a complete new application must be made.		This process does not apply to listed building consents or conservation area consents for which a complete new application must be made.

Designing Buildings: Created page with " It is sometimes necessary to amend development proposals after planning permission has been granted. Where these are not significant amendments, they may be described as ‘non-..."

2015-04-11T07:01:27Z

Created page with " It is sometimes necessary to amend development proposals after planning permission has been granted. Where these are not significant amendments, they may be described as ‘non-..."

New page

It is sometimes necessary to amend development proposals after planning permission has been granted. Where these are not significant amendments, they may be described as ‘non-material’. Section 96A of the Town and Country Planning Act 1990, amended by the Planning Act 2008, permits applications for non-material amendment to planning permissions. This avoids the need for a new planning application to be submitted, allowing instead for the existing permission to be amended whilst remaining subject to the original conditions and time limits.

An amendment that is considered to be more significant than a non material amendment will require a new application. This may be an application for a minor material amendment to the existing planning permission, or if the change is not considered to be a minor material amendment, then a new planning application will be required.

There is no statutory definition of what ‘minor material’ means, instead, local authorities are responsible deciding, given the local context in each case. However, suggests that minor material amendments are likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved and recommends that pre-application discussions will be useful to judge whether an amendment is a minor material amendment before an application is submitted. Ref [http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/ planning practice guidance].

This might include changes where:
*The site boundary is not changed
*The siting, landscape, scale and height is not significantly changed
*The use is not changed.
*The appearance is not adversely affected.
*The change is compliant with local policy and conditions attached to the original permission.
*Changes to windows or other openings that do not impact on neighbouring properties.
*The interests parties consulted about the original application are not disadvantaged.

An application for a minor material amendment can be made under section 73 of the Town and Country Planning Act 1990, allowing conditions associated with the existing planning permission to be varied or removed. This can be used to vary a condition that lists the drawings associated with the existing planning permission. If there is no such condition, one may be added using an application under s96A of the Town and Country Planning Act 1990 and then a section 73 application to make minor material amendments.

Applications can be made using a ‘Variation or Removal of Condition' form accompanied by drawings describing the nature of the amendment and an application fee. The local authority have the discretion to decide who should be consulted about the application and the approach that should be taken to ntofication.

A decision should be made in eight weeks (or 13 weeks for major applications) and has the effect of creating a new planning permission, alongside the original permission. The decision notice should set out any conditions attached to the original permission which have not been discharged, along with any conditions attached to the new permission.

This process does not apply to listed building consents or conservation area consents for which a complete new application must be made.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Detailed planning application.
*National Planning Policy Framework.
*National Planning Practice Guidance.
*Non material amendment.
*Outline planning application.
*Permitted development.
*Planning authority.
*Planning conditions.
*Planning consultant.
*Planning enforcement.
*Planning obligations.
*Pre-application advice.
*Section 106 agreement.

=== External references ===
*[http://planningguidance.planningportal.gov.uk/blog/guidance/flexible-options/amending-the-conditions-attached-to-a-permission-including-seeking-minor-material-amendments-application-under-section-73-tcpa-1990/ Planning practice guidance].

[[Category:Planning_permission]]