Following a grant of planning permission, it may be necessary to make small amendments to the permission, for example changing a finish or moving a door or window. An application can include more than one amendment and this procedure can also be used to amend conditions.
The application form, fee and guidance notes for Non-material Amendments (following a Grant of Planning Permission) can be found at:
- Application Forms and Fees - see section 12
You will need:
- The completed application form which describes clearly the amendment(s) you wish to make and why you wish to make it;
- Plans necessary to show the proposed amendment(s), ensuring that what is shown matches the description on the form. Any plans provided must be to a metric scale and any figured dimensions given in metres and a scale bar should be included;
Whilst there is a fee (householder developments - £28, others - £195), the simplified application procedure has resulted in a faster decision time and as this is not a full application, a design and access statement will not be required.
There is not a statutory definition of a non-material amendment as the guidance considers that it is for the local planning authority to decide, in the context of the scheme, whether the amendment applied for is non-material.
In considering whether to accept a change as a non-material amendment we will not normally consider the following:
- any material increase/decrease in the size of the building/extension
- any significant increase in the height of an eaves or roof
- any resiting of a building or extension, even if it is within the same site area
- any change of site area (red line)
- changes which conflict with a condition
- any significant change in elevational treatment, where the proposal would appear materially different to that permitted, e.g. significant change to the facing material (minor changes can be accepted, especially if they could be carried out as permitted development once the development is implemented)
- insertion of new feature (such as dormer windows)
- significant changes to fenestration, for example, where new windows could create overlooking problems
- changes which alter the nature or description of the development
- the cumulative effect of minor variations
- new works or elements not part of the original scheme
- new works or elements not considered by any environmental statement submitted with the application.
Please Note: Only those with an interest in the land (including mortgagees and those with options to acquire an interest) can apply for a non material amendment.
Whether or not a proposed amendment is non-material will depend on the circumstances of the case - for example, moving a window could be material if it results in the overlooking of a neighbour, but could be non-material if it does not. If an application made under this new legislation is successful, the result will be an amendment to the original planning permission. No new planning permission is created.
Minor material amendments to existing planning permissions
If an amendment cannot be treated as a “non-material amendment” then it would require a new freestanding planning permission, either
- a “minor material amendment” to an existing planning permission or;
- a new planning application.
Applicants have the benefit of deciding which application type to submit. However, if an application is submitted for a “minor material amendment”, but is not accepted by the Council, then it 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 new full planning application.