What Are ‘Non-Material Amendments’?

What Are ‘Non-Material Amendments’?

What Are ‘Non-Material Amendments’?

A non-material amendment refers to a minor change made to an existing planning permission that does not breach any conditions originally placed on the consent. The specific details of whether an amendment is considered non-material depend on the existing planning permission and any previous non-material amendments that have been made.

The term “non-material” does not have a statutory definition but is determined by the local planning authority. Examples of changes that may be considered non-material include minor changes to the description in the planning permission, changes that do not breach any conditions, and changes that do not increase the height of the property.

An application for a non-material amendment may require the submission of changes to drawings and plans, as well as detailed information on the proposed amendments. The fee for a non-material amendment application ranges from £34 for householder development to £234 for other development types.

If the application is successful, the original planning permission will be modified according to the non-material amendment decision, and no new planning permission will be created.

Key Takeaways:

  • Non-material amendments are minor changes made to existing planning permissions.
  • The local planning authority determines whether an amendment is non-material.
  • Changes that do not breach conditions and do not increase property height may be considered non-material.
  • Applications for non-material amendments may require submission of updated drawings and plans.
  • A fee is applicable for non-material amendment applications.

When is a Non-Material Amendment Required?

A non-material amendment is required when there is a need to make changes to an existing planning permission that are considered minor and do not breach any conditions originally placed on the consent.

The decision on whether an amendment is non-material or requires a new planning application depends on the specific details of the existing planning permission. The local planning authority is responsible for determining whether an amendment qualifies as non-material.

There is no statutory definition of what constitutes a non-material amendment, which means that it is up to the local planning authority’s discretion to decide whether a proposed change is eligible for this type of application. It is advisable to contact the local planning authority or seek pre-application advice to determine if a proposed amendment is likely to be accepted as non-material.

The Process for Applying for a Non-Material Amendment

If you require a non-material amendment to your existing planning permission, here’s what you need to know about the application process:

Completing the Standard Form

To apply for a non-material amendment, you will need to complete a standard form provided by the planning authority. This form will outline the details of your proposed changes and any supporting information required. Be sure to provide clear and concise information to facilitate the assessment process.

Assessment and Determination

Once you submit your application, a case officer will review your proposed changes. They will assess whether the amendments are indeed non-material or if a fresh application is required. The determination process typically takes around 28 days, during which the officer may seek the views of neighbors or other stakeholders, although this is not mandatory for non-material amendments.

Notification and Appeals

After the assessment, you will receive written notification of the decision. If your application is approved, the planning authority will modify the original planning permission accordingly, adding, varying, or removing conditions as necessary. However, in the event of a refusal, you have the option to appeal the decision within a specified timeframe.

Please note that if your proposed changes are more significant than what is considered non-material, you may need to submit a separate application for a minor material amendment under Section 73 of the Planning and Compensation Act 2004. This type of amendment incurs a fee of £170.

 

FAQ

What are ‘Non-Material Amendments’?

Non-material amendments refer to minor changes made to an existing planning permission that do not breach any original conditions. These changes are determined by the local planning authority and can include alterations to the description in the planning permission, changes that do not breach conditions, and modifications that do not increase property height.

When is a Non-Material Amendment Required?

A non-material amendment is required when there is a need to make amendments to a previously approved planning permission. Whether an amendment is considered non-material or requires a new application depends on the specifics of the existing permission, as determined by the local planning authority. It is recommended to seek advice from the planning authority to determine eligibility for a non-material amendment.

What is the process for applying for a Non-Material Amendment?

To apply for a non-material amendment, a standard form provided by the planning authority must be completed. The officer handling the application will assess whether the proposed changes are non-material or require a . Consulting with neighbors is not required, but the case officer may seek their views in certain cases.

The determination process typically takes 28 days, and the applicant will be notified in writing. There is an option to appeal a refusal. Approved non-material amendments may result in the planning authority adding, varying, or removing conditions on the original permission. More significant changes may require a separate application for a minor material amendment.

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