Protocol for Dealing with Variations to Planning Permissions

Introduction

On 1 October 2009, the Government introduced Regulations providing a formal basis for seeking approval to minor (non-material) amendments to planning permissions.  See this form and advice below for making your application.  Pending formal government advice, we will continue to handle such applications in the same way as before, using the following criteria.

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 none of these tests are positive, 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

You must now apply on the new minor amendment 1App form (this is an external hyperlink)(67Kb) you can print off.  This must be accompanied by a schedule and plan detailing the proposed amendments.  Also available are guidance notes (this is an external hyperlink)(15Kb) and help for completing the form (this is an external hyperlink)(30Kb) .

Enquiries

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