Protocol for Dealing with Variations to Planning Permissions

Introduction

The Committee at its meeting on 16 February 2005 asked officers to prepare a draft protocol relating to variations to planning Permissions, having considered a report which included Counsel's Opinion about such variations.

Legal Opinion

There is no provision within the Planning Acts or related Regulations for the authorisation of 'minor amendments' to planning applications.  However this procedure has evolved as a result of custom and practice and is now operated by most Planning Authorities.

 

A minor amendment to an approved scheme could be summarised as comprising:

 

'A minor variation in an aspect or aspects of the detail if an approved scheme which does not raise any new issues for consideration which would otherwise warrant the submission of a fresh planning application'.

 

Whilst the minor amendment procedure is generally favoured by developers and agents as a helpful method of dealing with unexpected changes in circumstances or site conditions when the development is under way, it is regarded less favourably by those who are denied the ability to participate in the process, such as Parish Councils or neighbouring occupiers.  Great care must therefore be exercised to strike the right balance between what is reasonable and what is undemocratic.  There is also a need to be alert to the potential danger of cumulative or incremental changes to approved schemes which can arise from a succession of minor amendments, resulting in a substantial departure from what was originally approved under the scrutiny of public consultation and involvement.

 

This protocol seeks to clarify this process as well as setting out the procedures involved, whilst making clear also what will not be dealt with as a minor amendment.

Criteria for Assessing Minor Amendments

The key tests as to the acceptability of a change to an approved scheme under the Minor Amendment procedure are set out below: 

• Is the proposed change material in terms of its scale (magnitude, degree etc.) in relation to the original approval?
• Does the proposed change modify any use the development originally approved?
• Would the proposed change result in a materially detrimental impact either visually or in terms of amenity?
• Would the interests of any third party or body who participated in or were informed of the original decision be disadvantaged in any way?
• Would the amendment be contrary to any relevant planning policy?
• Is the proposed change contrary to a restrictive condition on the original approval?
• Would there be increases in site coverage, height of building or site levels?
• Would there be increased impact on existing trees or any approved landscaping scheme?

If the response to the above tests is no, then a proposal is likely to be dealt with as a 'minor amendment', though each request will be considered on its merits having regard to all relevant circumstances.

 

In order to provide a legal basis for such minor amendments in the future, Counsel opinion is that the condition below be appended to future planning permissions.

 

'The development hereby permitted shall be carried out strictly in accordance with the drawings [x y z] subject to such minor amendments to the detailed design of the development as may be approved in writing under this condition by the Local Planning Authority.'

Material Changes that Cannot Be Dealt with as Minor Amendments

Such material changes cannot in any circumstances be dealt with as minor amendments, and a new planning application will always need to be submitted.

 

The following are some examples of what will NOT constitute a 'minor amendment'.

• New windows, openings or enlargements which would result in loss of privacy or amenity to neighbours. 
• An extension to the site boundary (or 'red edge' of the application site).
• An enlargement of the volume of a new building which represents a material increase in the scale or size of the building or a material alteration in appearance of a building from that which is approved.
• Any change to ground level which would in itself constitute an 'engineering operation' or would result in potential loss of privacy or visual amenity. 
• Any works which in themselves constitute 'development' requiring planning permission.
• Any change to the external materials which would adversely affect the character or appearance of the development or erode the quality of that which was originally approved.

 This list is not intended to be comprehensive and each 'minor amendment' request will be considered on its merits having regard to all relevant circumstances.

Procedure

Minor amendments will only be dealt with where a letter requesting such an amendment is accompanied by a schedule and plan detailing the proposed amendments.

Enquiries

Contact us on planningadvice@fareham.gov.uk visit the Civic Offices or write to the Head of Development Control.