Post planning decision amendments

Occasionally an applicant may wish to make alterations to a development after it has been granted planning permission. This may arise due to a small redesign through the process of producing working drawings, or through the need to address issues encountered at the construction stage. In October 2009 new planning legislation came into effect which means that in future it will be possible to seek permission for certain types of amendment subject to certain criteria being met. There are two types of possible amendment; non-material amendments and minor-material amendments.

What are “non-material” and “minor-material” amendments?

The legislation does not define either term, so it is not possible to give a definitive view as to what can and cannot be dealt with as an amendment. Each circumstance will need to be considered in the context of the original permission and the nature/extent of change involved.

General advice is however set out below together with the procedures to be followed:

Examples of works and changes that would fall outside the scope of an amendment include:

• An increase in the site area as defined by the red line of the original application
• An increase in the scale of development (e.g. adding a unit to a housing development) or changes that introduce new uses or materially change the mix of approved uses)
• A matter covered by a restrictive condition on the original permission
• Works which, together with other previously agreed amendments to the permitted scheme, would cumulatively result in a significant change to the original

If you are seeking to make a variation to an approved development it is recommended that you seek advice from the Council, ideally the case officer who dealt with the original application, in order to discuss whether the changes can be dealt with under either the non-material or minor material amendment procedures. Unless advice is sought in writing, including submission of amended plans, the Council will only be able to advise verbally.

If it is considered that the changes sought fall outside either the scope of the amendment procedures or the original permission you will be advised and it will be necessary to make a full revised planning application.