What constitutes a non-material amendment in planning?

Non- material amendments are changes that we conisder to be minor and do not significantly change your permission. If the amendments are considered to be material changes they will not be acceptable and you will have to submit a further planning application for a revised scheme and obtain a new planning permission.

Who can apply for a non-material amendment?

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.

Are non-material amendments consulted on?

Where a change is non-material, it is unlikely that public consultation will be necessary, although anyone who may be affected must be informed, and may then make representations to the local authority. The application should be determined within 28 days unless a different time frame has been agreed.

Can you condition a non-material amendment?

Section 96A only allows changes to the permission which are “non-material”, but this can include adding new conditions and changing and deleting existing ones. A change to a condition which is “material” would have to be made under section 73.

Can you do a non-material amendment to a prior approval?

Amending conditions attached to a prior approval S. 96A(1) provides: “(1) A local planning authority may make a change to any planning permission […] relating to land in their area if they are satisfied that the change is not material.” A permission granted by the Order is a “planning permission”.

What is a Section 73 in planning?

Section 73 of the Town and Country Planning Act 1990 enables an applicant to apply to develop land without compliance with conditions attached to an extant previous planning permission. Under this section a local planning authority may amend or remove conditions but may not amend any other part of the permission.

Can you make minor changes to planning permission?

A non-material amendment may be applied for to approve a minor change to the planning permission and does not breach any conditions originally placed on the consent. If the amendment is not considered minor by the Local Planning Authority, a new planning application will be required.

How do you file a minor material amendment?

Currently, all minor material amendment requests need to be submitted in writing using an existing section 73 procedure (“Application for removal or variation of a condition following grant of planning permission”), which is available on the Planning Portal.

Do you have to implement a non material amendment?

Can you do a non material amendment to a prior approval?

How do I submit a minor material amendment?

Is section 73 a non-material amendment?

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.

Do you have to implement a non-material amendment?

Can you make a non-material amendment to a listed building consent?

Can this procedure be used to make non-material amendments to listed building consents? The procedure cannot be used to make non-material amendments to listed building consents. It only applies to planning permissions.

Can you do a non-material amendment to a listed building consent?

Can you make changes to planning permission?

Yes: it’s possible to make changes to an existing planning permission and to change a recently approved planning permission.

Can a minor material amendment be made to a planning permission?

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.

How do I make a non-material amendment to a planning application?

To make a non-material amendment following a grant of planning permission, a formal application needs to be submitted along with a small fee. It is beneficial to seek advice from the Local Planning Authority or relevant planning expert before an application is made. That’s where Plande come in.

What is a ‘non-material’ planning change?

There is no statutory definition for the sort of changes that might be considered ‘non-material’. Instead it depends on the context and is determined by the local planning authority. It is advisable therefore to consult with the local planning authority when considering amendments. An application can then be made, and a small fee is payable.

What is a non-material Amendment?

A non-material amendment might be one where: It is a very small change. It does not vary significantly from what was described on the planning permission. It does not conflict with any conditions on the permission.