Making changes following planning permission
Decisions and changes
The target date for making the decision on any application can be found on the planning portal under the 'important dates' section. Whilst we aim to determine most applications within the initial target date, this date can be extended or exceeded.
Due to the number of applications we deal with we will not notify you when the decision is made or provide individual notification of whether an application is approved or refused. All decisions are supported by the case officers report and a decision notice, both of which will be displayed on under the ‘documents’ section.
After a decision has been issued
If planning permission is granted there will usually be a three-year period for work to start on-site or for the change of use to be implemented.
Appeals
Following a decision to refuse permission for a householder, minor commercial or advertisement type applications, all comments received before the decision was made will be forwarded to the planning inspectorate. If you submitted comments or your property adjoins the appeal site we will write to you to advise that an appeal has been submitted but there will be no opportunity to make further representations.
For appeals for all other application types you are able to submit additional comments to the planning inspectorate or if they have been sent to us, these will be forwarded. As part of the appeal process we are required to write to all those who submitted comments on the application and those adjoining the site, advising of the submission of the appeal, the process to be followed and the timetable for determination.
Altered or amended applications
If an application is amended or altered before a decision is issued there is no statutory requirement for further publicity and consultation to take place. We have the discretion to decide when this is necessary. In making this judgement we will consider the following:
- were objections or reservations raised in the original consultation stage substantial or sufficient to justify further publicity
- are the proposed changes significant
- do the changes have an impact that is more harmful than the original plans
- did earlier comments received cover the issues raised by the proposed changes
If we decide that this is necessary, it is open to us to decide who will be included and the timeframe for responses, balancing the need for publicity against the need for efficient decision-making.
Changes to approved plans
Sometimes an applicant will request that minor changes be made to the approved plans and/or details. Whether we publicise in such circumstances is dependent on the nature of the change. Details of requests made to change a scheme will be displayed on the portal and once made, the decision will also be viewable.
Changes to planning permission
When planning permission is granted, a development must take place in accordance with the permission and conditions attached to it, and any legal agreements.
New issues may arise after permission has been granted which require changes. Where these changes are fundamental or substantial, a new planning application will be needed. Where less substantial changes are proposed, there are the following options available:
- making a non-material amendment
- amending the conditions attached to the planning permission, including seeking to make ‘minor material amendments’
Non-material amendments
A ‘non-material amendment’ is an update to the existing permission with any approved details sitting alongside it. It would still be subject to the conditions and time limit of the original permission.
This route is usually for very small changes to schemes that would not be readily noticeable.
There is no statutory definition of ‘non-material’. This is because it will be dependent on the context of the overall scheme. An amendment that is non-material in one context may be material in another.
As a guide, we usually will not accept amendments if they:
- would result in changes to external details that would materially alter the appearance of a development
- materially increase the size of any part of the development
- materially increase the height of a building or structure
- locate any part of the development closer to a neighbour
- change windows or doors in any elevation facing a neighbour
- result in a greater visual intrusion, loss or light or feeling of enclosure to neighbours
- affect any relevant objections to the original proposal
A formal application must be made as we do not offer informal advice. The procedure cannot be used to make non-material amendments to listed building consents as it only applies to planning permissions.
Amending conditions or ‘minor material amendments’
Applications can be made under section 73 of the Town and Country Planning Act 1990 to vary or remove conditions of a planning permission but cannot be used to:
- change descriptions
- application site boundaries
- extend time limits of permissions.
One of the common uses of this process is to seek amendments to the ‘approved plans’ condition to make changes to a development, which is referred to as a ‘minor material amendment’.
Government guidance states, “there is no statutory definition of a ‘minor material amendment’ but it is likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved.”
We will judge each case but any material changes to:
- layout
- appearance
- materials
- landscaping
- general design matters
are likely to be judged as ‘substantial’ and require a new application due to the importance we attach to design quality standards. Pre-application discussions are encouraged to judge the appropriateness of this route.
Assessing ‘minor material amendments’
The following tests will be used to assess the acceptability of a change to an approved scheme using the ‘minor amendment’ procedure:
- proposed change material/significant in terms of its scale
- change to the layout which would affect the character or appearance of the development or reduce quality
- change to the design, external materials or appearance which would affect the character or appearance of the development or reduce quality
- amendments reverse design improvements secured in the original application
- a greater impact on existing trees or, would it reduce the quality of a proposed landscaping scheme
- any amendments affect measures that were specifically required by planning committee
- proposed amendment modify any use
- the interests of any third party or body who participated in, or was informed of, the original application be disadvantaged in any way
- the amendment be contrary to any relevant development plan policy
- proposed change contrary to a restrictive condition on the original permission
- significant increases in site coverage, building heights or site levels
- additional and/or repositioned windows/doors/openings that would have an impact on neighbouring properties
If none of these apply, it is likely that we can deal with the proposal as a 'minor amendment'. Any permission under this route will be a new permission so that all relevant conditions will be reapplied and, where relevant, revised legal agreements will be required.
If you are in any doubt whether a proposed change is likely to be a ‘minor amendment’, we recommend applying for a revised full application.