Non Material Amendments and Minor Material Amendments to Existing Planning Permissions

With effect from 1st October 2009 amendments to planning applications must now be dealt with by way of a formal application for either a “non-material amendment” or a “minor material amendment”.

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. The Council will use the following criteria to guide its decision as to whether or not applications for “non-material amendments” are 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 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 will not be treated as a “non-material amendment” and will therefore 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.
• Fees - (a) Householder Application - £25.00  (b) Any other application type £170.00
• 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”. 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.

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. 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.