Protocol for dealing with variations to planning permissions
On 1 October 2009, the Government introduced regulations for approval to minor (non-material) amendments to planning permissions. See this form and advice below for making your application. Pending more Government advice, we will continue to handle these applications in the same way as before using the following criteria.
Criteria for assessing minor amendments
The key tests for accepting a change to an approved scheme under the minor amendment procedure are:
- 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 took part 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, a proposal is likely to be dealt with as a 'minor amendment', though each request will be considered on its merit. To provide a legal basis for such minor amendments in the future, Counsel opinion is that this condition is added 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
These material changes cannot be dealt with as minor amendments and you must submit a new planning application. Here are some examples:
- 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 comprehensive and each 'minor amendment' request will be considered on its merit.
You must apply on the new minor amendment 1App form which you can also print. This must be accompanied by a schedule and plan detailing proposed amendments. You can see guidance notes and get help completing the form .
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