Minor material amendment
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 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. 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 planning policy and with the conditions attached to the original permission.
- 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.
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.
This process does not apply to listed building consents or to applications in conservation areas for which a complete new application must be made.
[edit] Related articles on Designing Buildings Wiki
- Alterations to existing buildings.
- Detailed planning application.
- Material alteration.
- Material amendment.
- Material change of use.
- 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.
[edit] External references
Featured articles and news
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).
Ebenezer Howard: inventor of the garden city. Book review.
Airtightness Topic Guide BSRIA TG 27/2025
Explaining the basics of airtightness, what it is, why it's important, when it's required and how it's carried out.
Comments
Hello there,
Conservation Consent was abolished in 2013 (https://historicengland.org.uk/advice/planning/consents/conservationareaconsent/)
When you mention Conservation Consent, do you just mean 'planning applications made in a Conservation Area'?
Clarification would be much appreciated.
Best wishes
The article has been corrected to refer to applications in conservation areas, rather that conservation area consents, which as you rightly point our are no longer required.