Non-material amendments” and “minor material amendments” to existing planning permissions

Following a grant of planning permission, the owner may wish to seek approval amendments to the permission. With effect from 1st October 2009 such amendments must now be dealt with by way of an application for either a “non-material amendment” or a “minor material amendment”, details of which are set out below. The Council will therefore no longer be able to accept requests for minor amendments by letter alone, but only on the correct application form.

Non-material amendments to existing planning permissions
An application for a “non-material amendment” removes the need for an entirely new planning application to be submitted where only a very small change is sought. Such an application, if approved, would form an amendment to the original planning permission and would be subject to the conditions and time limit of the original permission. It would not form a new planning permission.

What is a non-material amendment?
Whether or not a proposed amendment is considered to be non-material will depend on the circumstances of the case. There is no statutory definition of ‘non material’. This is because it is so dependant on the context of the overall scheme – what may be non-material in one context may be material in another. Whether or not a change can be considered as a “non-material amendment” may be defined according to established legal concepts of materiality and de minimus. In the case of amendments to permission for alterations/extensions to a residential property the Council will use the following criteria to assist in guiding its decision as to whether or not applications for “non-material amendments” might be acceptable:

• The proposal is for a very small change to the development already granted planning permission;
• The proposed amendment does not alter the development significantly from what was described on the planning permission and does not conflict with any conditions of the permission;
• No adopted planning policy is breached;
• The proposed amendment does not conflict with an objection to the original planning permission raised by a consultee or any other interested third party (in particular a neighbour of the proposed development site);
• The proposed amendment would not move any external wall outwards more than the thickness of a wall;
• The proposal would not increase the height of any roof;
• No windows are introduced that could potentially permit overlooking of other properties.

Proposals that do not comply with the above criteria are unlikely to be treated as a “non-material amendment” and are therefore likely require a new planning permission (see “minor material amendments”).

What is the process for applying for a non-material amendment?

• Applications for “non-material amendments” must be made on the standard application form.  Visit the planning portal website .  to download the application form and guidance notes.
• Two copies of the relevant plans, clearly showing the proposed amendment(s) must be submitted.
• The fees for NMA applications are:
  Householder applications - £25
  In any other case - £170
• A Design & Access Statement is not required.
• Only planning permissions can be the subject of non-material amendments (not Listed Building Consents or Conservation Area Consents).
• The Local Planning Authority has 28 days to determine the application.
• Only a person with a legal interest in the land can make an application. Notice must be served on any owner(s) of the land.
• More than one “non-material amendment” can be applied for on one application form

“Minor material amendments” to existing planning permissions
An amendment that cannot be treated as a “non-material amendment” would require a new freestanding planning permission, either by way of a “minor material amendment” to an existing planning permission or by way of a new planning application.

What is a “minor material amendment”?
There are no set criteria to determine what constitutes a “minor material amendment”. However, the Government has defined this type of change as being:

"one whose scale and nature results in a development which is not substantially different from that which has been approved"

The Government also states that the dividing line between “minor material amendments” and “non-material amendments” will be defined “according to established legal concepts of materiality and de minimus”

The Council advises that if there is any doubt as to whether or not the amendment would constitute a minor material amendment, it may be more appropriate for a full planning application to be submitted (see full planning application below).

What is the process for applying for a minor material amendment?
The government has advised that applications for minor material amendments should be made by way of a variation of condition application. However, the Council will still accept applications for amendments to planning permission which are submitted as a new planning application under the standard application forms (i.e. planning permission, householder application etc). Dependent upon the nature of the development, there will be instances where, in terms of the application fee, it is more beneficial to submit one type of application over the other. Applicants therefore have the benefit of deciding which application type to submit. However, if an application is submitted for a “minor material amendment”, but this is not accepted by the Council, then it would be possible to make a further application for a completely new planning permission for the proposal – however, this would result in a longer timescale since the Council would have 8 weeks to determine the “minor material amendment” application and a further 8 weeks for determining any completely new planning application. Details of both types of applications are set out below.

Variation of condition application

• This application can only be made where there is a condition in place which lists the approved plans. The Council’s current practice is to impose conditions which list the approved plans. The description on the application form must state which condition you are seeking to vary.
• Apply online at www.planningportal.gov.uk   or view our Applications and Guidance Notes page to download the application form and guidance notes, selecting form 25 & 26.
• The fee is £170.
• Full plans and a Design & Access Statement are required.
• The Local Planning Authority has 8 weeks to determine the application (13 weeks for a “major” application).
• Only planning permissions can be the subject of minor material amendments (not Listed Building Consents or Conservation Area Consents).

Full planning application
Apply online at www.planningportal.gov.uk or download an application form and guidance notes .
The Council advises that applications for amendments that are made by way of a new full planning application within 12 months of the date of the decision notice do not require a fee, providing the full fee was paid for the most recent application and the development is of the same character, on the same site and for the same applicant.