Post planning decision amendments

The Council has previously given written confirmation that small changes to existing approved development are non-material variations. A unique decision has to be made in every case, but examples might include:

• slightly altering the proportions of a window, door or opening or moving it by a few centimetres
• reduction in the volume / size of a building or extension
• reduction in the height of a building or extension

The new legislation introduces a formal procedure so that anyone with an interest in the site i.e. the site owner or original applicant can submit an application for consent if a small change is proposed.

It should be noted that there is no statutory definition of what constitutes a “non-material amendment”, however the Council considers that such a change can only be an inconsequential variation in an aspect or aspects of the details which does not raise any new issues for consideration. As a general rule, if the Council feels it would have undertaken additional public notification if the change had been made during the course of the original application, it is unlikely that the change will be viewed as “non-material”.

All requests for a non-material amendment will need to be made on a new standard application form. The applicant will need to notify any other person who is an owner of the land, or has an interest, when they make their application, application for approval of details reserved by condition form.

Any representations about the application must be made to the Council within 14 days of the date when notice is given, and the Council has 28 days to determine the application. If consent is refused the applicant has a right of appeal. The application should include sufficient information, drawings etc. to identify and make clear the proposed change.

When making our assessment on the acceptability of a non-material amendment the following factors will be considered in determining the application:

• was the matter subject to any objections or other representations on the original permission,
• what would be the effect of the change on site coverage, height of buildings, levels and relationship with any adjoining development, position of windows, materials proposed,
• what would be the impact on the amenities of adjoining occupiers,
• are there significant changes to the appearance of the proposed buildings which would affect the surrounding area/street-scene