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
Regulator of Social Housing publishes latest fire safety report
Covering remediation of 11 metre plus social housing sector buildings.
Apartment and Duplex Defects Remediation Bill 2024
Approved for priority drafting by Government of Ireland.
The long list with in the frame of key historical events.
Competence frameworks for sustainability in the built environment
Code of practice, core criteria consultation draft for comment.
UK Net Zero Carbon Buildings Standard Sept update
Pilot version for testing and feedback on its adoption due.
New Floods Resilience Taskforce
With a wet met office autumn prediction.
National Retrofit Hub takeover of Net Zero stage
At Birmingham UK Construction Week in October.
AT Awards 2024 finalists announced
With more to come, prior to the Awards ceremony in October.
London construction cools as hotspots appear nationally
Increases in the East of England, Yorkshire and Scotland.
ARB proposals for a new Architects Code
Announced in the shadow of the final Grenfell Inquiry report.
Combining human creativity and tech innovation now and in the future
Building automation and control systems market study
BSRIA 2024 North America BACS software & services.
Impact of digital technology on productivity in construction
New CIOB academy guidance for companies of all sizes.
Demolition and retrofit approaches in Planning Policy
MHCLG demolition and retrofit survey to inform future updates to national planning policy.
Expert taskforce to spearhead new, new town generation
Sir Michael Lyons given 12 months for recommendations.
Government policy statement on new towns
A coded vision for a new generation of new towns.
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.