Amendments to an Approved Scheme

Changes to approved plans can be dealt with under an amended plan procedure.

Non material amendment

There is no statutory definition of ‘non-material’ because it will be dependent on the context of the overall scheme. The Council must be satisfied that the amendment sought is non-material under section 96A of the Town and Country Planning Act 1990.

Instances where there is an increase in height or built form, additional windows that would impact on neighbouring properties (eg to the side elevation or first floor) or there is a conflict with an original permission would not normally be non material.

Submission of an application is via the Planning Portal. Fees are usually £43 for a householder or £293 for everything else. Illustrative plans and drawings are required as per any other application. No consultation is undertaken and a decision, in the form of a letter, will be issued within 28 days. It does not replace the permission as originally granted.

Minor material amendment

Where the proposed amendments are not non-material, an application under section 73 of the Town and Country Planning Act 1990 is required by varying or removing conditions associated with a planning permission. There is no statutory limit on the degree of change but case law has applied a relatively flexible approach.

Submission of an application is via the Planning Portal. Fees are £293. Illustrative plans and drawings are required as per any other application and it is beneficial to include the existing, approved and proposed plans for completeness. Consultation is undertaken in the same way as a normal planning application. The decision will be issued within 56 days and would operate alongside the original permission (ie you have a choice of whether to implement the original permission or the varied permission but you cannot implement both).

Changes that would alter the description of development from the original application or materially alter the red line area of the location plan/block plan in the approval cannot be undertaken as a minor material or non material amendment. This would require a fresh application.