Durham County Council Guidance Note on Amendments to Planning Applications Following a Grant of Planning Permission Introduction Following a review of the mechanism for making amendments to planning applications following the grant of planning permission the Government has introduced a new procedure for dealing with Non-material amendments and clarified the position regarding Minor material amendments through section 73 of the Town and Country Planning Act 1990. These procedures were introduced as part of the Government s drive to streamline and simplify the planning system. These are aims which Durham County Council s Planning Service fully supports. As a result the advice contained in this guidance note has been designed to interpret the changes to the legislation in as practical and pragmatic manner as possible. The guidance note has also been designed to be as easy to follow as possible. Purpose of the Guidance Note This guidance note seeks to clarify for developers what Durham County Council would normally regard as a Non-material amendment and what would be seen as a Minor material amendment. It also explains the procedures involved in applying for consent to make either a non-material amendment or a minor material amendment to a planning permission. Finally the note explains where further advice in relation to a particular project can be obtained. The guidance note is in two parts. Part A deals with the issue of non material amendments whilst Part B considers issues relating to Minor Material Amendments Part A - Procedures for Non Material Amendments to Planning Applications Following a Grant of Planning Permission In October 2009 a new procedure was introduced that allows for non material amendments to be made to planning applications. The new procedures, which were introduced under s96a of the Town and Country Planning Act, provide for a formal method of dealing with small changes to approved schemes. An application for a non-material amendment removes the need for an entirely new planning application to be submitted where only a very small change is sought. Such
an application, if approved, would form an amendment to the original planning permission and would be subject to the same conditions and time limit of the original permission. It would not form a new planning permission. What is a Non Material Amendment? The legislation does not define what amounts to a non material amendment. It is therefore the responsibility of each Local Planning Authority to determine on a case by case basis. It is not possible to give a comprehensive list of what could be regarded as non material as this depends on the nature of each application. However, as a general guide any proposed amendment that the Planning Team feel clearly raises no new planning issues, and which would not be of interest to consultees (including neighbouring occupiers) would be likely to fall into the non material amendment category. In addition, generally amendments that would not otherwise require planning permission, such as alterations to the internal layout of buildings and the installation of windows could be regarded as non material. In assessing whether or not a change amounts to a non-material amendment regard will be given the scale of the development involved. For example, a small increase in the height of a small building is likely to have a far greater impact upon its appearance than a similar small increase to the height of a much larger building. Examples of works and changes that would fall outside the scope of a non material amendment would include: An increase in the application site area as defined by the red line of the original application Changes to external details that would materially alter the appearance of the building. A material increase in the scale of development (e.g. adding a unit to a housing development or changes that introduce new uses or materially change the mix of approved uses) A matter covered by a restrictive condition on the original permission Works which in themselves constitute development requiring planning permission and were not part of the original proposals Works which, together with other previously agreed amendments to the permitted scheme, would cumulatively result in a significant change to the original Proposals that do not comply with the above criteria are unlikely to be treated as a non-material amendment and are therefore likely require a new planning permission (see below). Applicants are therefore encouraged to contact the Council at the earliest opportunity in order that an assessment can be made whether or not the amendment sought is non material. Planning Officers will determine if a proposal fits into the non material category inside a period of 21 days but will in many cases a decision will be made much quicker, within a few days.
What is the Procedure for Requesting a Non Material Amendment? All requests for a non-material amendment will need to be made on a new standard application form. The form can be obtained from Council Offices (see below) or by using the following link: http://www.planningportal.gov.uk/uploads/1app/forms/form034_england_en.pdf The application should include sufficient information and drawings to clearly identify the changes proposed. It is not always necessary to go to the expense of getting new plans prepared to show the proposed changes. Planning Officers will be pleased to advise on the level of detail required for a particular proposal. Only a person who has an interest in the land, or someone else acting on their behalf can apply. The applicant will also need to notify any person who is an owner of the land, or any other person who has an interest in the land. Upon receipt of a valid application the Council have 28 days or such longer period as may be agreed with the applicant in which to make a decision. The majority of decision however will be made much quicker than this. There is no statutory requirement to undertake consultation and publicity. As a result of this, and recognising that non-material amendment changes by their definition would have no material effect upon neighbouring properties, the Council will not consult or publicise such applications. Is an Application Fee Payable? Yes. For householder applications the fee is 25 and in any other case 170. What Factors will be taken into Account in Determining Whether an Amendment is Non Material? When making an assessment whether a non-material amendment is acceptable the following factors will normally be considered: What would be the impact upon the amenities of adjoining residents? Would the changes have a detrimental impact upon the surrounding area/street scene? Would the proposal have a significant impact on a particular material planning consideration? Was the matter the subject of the non-material application subject to any objections or other representations on the original permission? If the answer to any of these factors is yes it is likely the application will be refused on the grounds that the changes are not appropriate.
How Will Decisions be Made? Decisions will be made under the Council s scheme of delegation. The decision will be made in writing and will only relate to the non-material amendments sought. It is not the re-issue of the original planning permission, which still stands. The two documents must be read together. Is There a Right of Appeal? Yes, where an application is either refused or is not determined within the 28 day period an appeal can be lodged with the Planning Inspectorate. Appeals against refusal must be made with 12 weeks for householder proposals and 6 months with all other applications. All appeals against non determination must be made within six months of the end of the determination period. Part B Procedures for Minor Material Amendments to Planning Applications Following a Grant of Planning Permission An amendment that cannot be treated as a non-material amendment would require a new freestanding planning permission, either by way of a minor material amendment to an existing planning permission or by way of a new planning application. The Government has advised that applications for minor material amendments should be made by way of a variation of condition application. What is a Minor Material Amendment? No statutory definition exists although the Government supports the following definition: 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. When can a minor amendment be carried out? Minor Material Amendments can be carried out on any planning consent which has a planning condition that can be varied to achieve the aim of the minor material amendment.
In recognition of this, and to ensure that the spirit of the Government s intentions are being followed, the Council now attaches such a condition to all grants of planning permission. Can a condition be added retrospectively to a consent which does not have a condition to allow a variation for a minor material amendment? Yes, an applicant can add a condition listing approved plans (or other) using the non-material amendment S96a route, before then varying under S73. What is the procedure for making a minor material amendment? The same form is used as is currently available for removing or varying a planning condition under S73 of the TCPA 1990: http://www.planningportal.gov.uk/uploads/apppdf/g1305form025_england_en.pdf The application should include sufficient information to enable the local planning authority to identify the previous grant of planning permission and the associated condition(s) which the applicant is seeking to vary. The applicant will not be required to provide copies of the application, but it might assist the local planning authority s consultation and determination procedures if they provide copies of the original drawings. When developers are applying to vary approved plans, they should clearly indicate the full extent of the proposed changes across the site. It some cases it may be beneficial to submit a supplementary statement to be read in conjunction with the documents that supported the original application. Planning Officers will be pleased to offer advice on the level of detail required for a particular proposal. What level of consultation will be carried out for minor material amendments? The Council will ensure that proportionate consultation is undertaken with statutory consultees and surrounding occupiers in line with protocols for consultation. Statutory consultees will normally be consulted if the application proposes an amendment on which the consultee had an interest in the original application. Surrounding occupiers will be consulted if it is considered that the application would have an impact on their amenities. Does the decision result in the issue of a new consent? Yes, a decision for a minor material amendment results in a new consent but the time limit for implementation will be the same as the original permission.
Can new planning conditions be added? Yes, in accordance with circular 11/95 new conditions can be added if it considered necessary. What fee will be charged? The current fee for variation of planning conditions is 170. Fees can however change and should be checked using the Planning Portal fee calculator: http://www.planningportal.gov.uk/england/public/tools/feecalc Who can apply? Similarly to a normal planning consent anyone can apply for a minor material amendment using the S73 route although applicants should check any copyright restrictions. How do the changes effect EIA developments? As a s.73 application is considered to be a new application for development consent it will still be necessary for the Council to conduct a screening exercise and issue a screening opinion. Where and EIA was carried out on the original application, changes to the ES may not be necessary. Changes to an Environmental Statement may be necessary dependant on the minor material change. Have appeal procedures changed? No, as exists already appeals should be made within 12 weeks of a decision for householder development and six months for other applications. Applicants will still be able to appeal against non determination within six months of the end of the determination period (i.e. 8/13/16 weeks). Where can I get further information? http://www.durham.gov.uk/pages/service.aspx?serviceid=6316 www.planningportal.gov.uk. If you are uncertain about either of the procedures outline in this guidance note you should speak to a Planning Officer who will be pleased to discuss your query. Such advice is available during normal office hours (8:30am to 5pm) and is provided free of charge. The contact details for the various area offices operating in the County are shown below
Area Planning Office - Spennymoor Council Offices Green Lane Spennymoor DL16 6JQ Area Planning Office Easington Council Offices Seaside Lane Easington SR8 3TN Area Planning Office County Hall Durham DH1 5UL Area Planning Office - Durham Council Offices 17 Claypath Durham DH1 1RH Area Planning Office - Crook Civic Centre Crook DL15 9ES Area Planning Office - Consett Civic Centre Medomsley Road Consett DH8 5JA Area Planning Office - Chester-le- Street Civic Centre Newcastle Road Chester-le-Street DH3 3UT Area Planning Office - Barnard Castle Teesdale House Galgate Barnard Castle DL12 8EL planningspennymoor@durham.gov.uk 0138 881 6166 planningeasington@durham.gov.uk 0191 527 0501 planningcounty@durham.gov.uk 0191 383 5698 planningdurhamcity@durham.gov.uk 0191 386 6111 planningcrook@durham.gov.uk 0138 876 1571 planningconsett@durham.gov.uk 0120 721 8275 planningchester-lestreet@durham.gov.uk 0191 387 2172 planningbarnardcastle@durham.gov.uk 01833 690 000