Applications can be made to establish whether or not amendments to an existing permission are 'non material' and so do not need a new planning application.
Applications for non-material changes can be made to the council. The key points are :-
- Applications can only be made by someone who has a legal interest in the land, i.e. it does not have to be the original applicant
- No Design and Access Statement is necessary
- There is a standard application form
- A fee of £34 for a householder application or £234 in all other cases
- Neighbour notification and consultation is discretionary; the council will not undertake notification and consultation in most cases
- Applications and decisions are recorded on the planning database and register
- The applicant must give notice to any person who is an owner of the land and the council have to take into account any comments received within 14 days of the application as a result of any notice being served
- Decisions are expected to be issued within 28 days
We will decide if the works are 'non-material'. The judgement on "materiality" in any case is one of fact and degree, also taking into account the likely impacts of the amendment. In deciding whether a change is material, officers will have regard to the effect of the change, together with previous changes made under this section, on the planning permission as originally granted.
If the changes are considered to be more substantial than 'non material' it may be more appropriate to make an application for a 'minor material' amendment under Section 73 of the Town and Country Planning Act 1990 (As amended). A minor material amendment is one whose scale and nature results in a development which is not substantially different from the one which has been approved although please be aware this is not a statutory definition.
A Section 73 application is an application to vary the existing condition that the council uses to approve the plans and particulars submitted as part of your planning application. When considering this type of application officers recognise that by definition the development will have already been found to be acceptable in principle and instead will focus on national policy, development plan policies or other material considerations that may have changed significantly since the original grant of permission, as well as the changes sought.
Where an application under Section 73 is approved, the effect is to create a new grant of planning permission. Consequently, the decision notice will normally set out all the conditions the planning authority wishes to impose, including relevant ones from the previous consent. Again, this application requires a fee (£234) and will be subject to normal notification and consultation procedures.
For further information or clarification please contact the Development Management Team on 01707 357000.