Can I Make Changes to a Planning Permission Decision?

Your planning permission has been granted and you now have authorisation to proceed with your plans. This typically signifies that you and your architect were successful in balancing your individual design aspirations with the requirements of the local council’s policy.

However, nothing is ever certain. It sometimes happens that you start to change your viewpoint after speaking to friends and family. Or, perhaps a problem emerged right as work began, so you need to get permission for a small modification. It would be a waste of your time and money to start over and file a whole new planning application. So is there a simpler method? The good news is that it is feasible to alter both a recently approved planning permission as well as existing planning permission.

Non-Material Amendments

There is a procedure for making minor modifications to planning permission that won’t significantly affect your project. You can file a non-material amendment application to your council if, for instance, you wish to move a window on an extension further along a wall and it won’t influence important planning factors like overlooking and loss of privacy. In accordance with Section 96A of the Town and Country Planning Act of 1990.

However, any modifications you make in a non-material amendment must not conflict with any of the terms already in place. Spending time and money pursuing revisions that won’t be accepted is a waste all around. Before submitting your non-material amendment application, get professional assistance. Also, keep in mind that if you want to make changes to your planning approval that would be considered material, you must follow a different procedure.

S96A applications are substantially speedier than other forms of planning applications in that the council is required to give you an answer in just 28 days.

Minor Material Amendments

The build and how it is received will be significantly impacted by major adjustments to the planning permission. The council will take into account how your proposed development will affect your neighbours and the neighbourhood’s aesthetic when giving planning permission. Local authorities will receive extremely detailed drawings from your architect outlining exactly what you plan to carry out. The authorities may or may not approve this in its current shape, and you will then need to decide what to do.

Because of the possible impact on your neighbour, putting an extension closer to the boundary, for instance, is likely to be categorised as a material amendment. In order to submit the proper application and save time, effort, and money, consult your architect if you have any doubts.

You must submit an application to amend the permission in one of two ways if you want to make a modification that would be deemed material:

• Changing a current permission requirement
• Removal or modification of a planning permission condition

The Town and Country Planning Act of 1990’s Section 73 authorises this. Understanding what can qualify as a minor material amendment will help you determine what application you might need to submit. Always keep in mind that a minor material amendment is one that has an effect on your neighbours or the neighbourhood as a whole. Due to this, any minor material amendment must go through the entire eight to twelve-week process and receive the same comment period from neighbours as a completely new application. The council has a full eight weeks (non-major) and twelve weeks (major) to decide on S73 applications.

While these applications have the same goal – changing your planning permission – we’ve clarified what constitutes and does not constitute a major modification. Nevertheless, they operate very differently. An S96A application should receive a decision in half the time. Technically speaking, an S73 application offers you a new, parallel planning approval; both are legal, and it’s up to you to decide which one you utilise. There is one other distinction: if the council rejects your non-material amendment, you cannot appeal; nevertheless if it is a minor material amendment, you may.

Planning policies, which outline the kinds of development that are and are not acceptable, serve as the foundation for planning decisions. Your project is likely to be rejected if it conflicts with the guidelines provided in documents like the Local Plan, Neighbourhood Plan, or National Planning Policy Framework (NPPF). Learn about the applicable policies and make sure your proposal complies with them to increase your chances of success.

Let’s start a project, call us now on 07971794014.