Post planning decision amendments

If an applicant wishes to make more significant changes to a planning permission, most likely they would previously have been asked to submit a new full planning application. The new legislation introduces a formal procedure whereby such changes can be pursued by seeking variation to the requirement to comply with the originally approved plans and drawings.

In order to be able to make such an application under Section 73 of the Planning Act 1990 the original planning permission must have a condition imposed listing the approved plans and drawings. If no such condition exists this procedure cannot be used and a new full application is required.

Previously the Council has not as a matter of course imposed such a condition on any permission it issues but has listed the approved drawings on the decision notice. However we are in the process of changing our procedures so that in future this will be a standard condition, thus allowing for minor material amendments to be sought.

Although there is no statutory definition of a minor material amendment it is generally held to be one whose scale and nature results in a development which is not substantially different from the one which was originally approved. Accordingly any request for such an amendment will be considered on individual circumstances and merit. By way of guidance, it may be possible to substitute one house type for another within an approved development, provided that the house types are sufficiently similar, but adding another unit or substituting a house for a bungalow could not be dealt with in this way.

All requests for a minor material amendment by variation of a condition (Section 73) will need to be made on the standard application form. Such an application need not include all the information required for a full planning application and as the principle of the development is not for consideration a simplified determination process is involved. Who is to be notified or consulted about the application is at the discretion of the Council.

The Council has 56 days to determine the application, the same as a full planning application, and if permission for the amendment is refused the applicant has a right of appeal.