Amending a planning application

When planning permission is granted, development must take place in accordance with the permission and conditions attached to it and any associated legal agreements.

However, new issues may arise after planning permission has been granted that require modification of the approved development. If modifications are fundamental or substantial, a new planning application will need to be submitted. 

Where less substantial changes are proposed, you can amend a proposal that has planning permission by either:

• making a non-material amendment
• amending the conditions attached to the planning permission, including seeking to make minor material amendments (sometimes called application under section 73)

For more information you can read flexible options for planning permissions and view a summary comparison table of the options on GOV.UK.

Non-material amendments

There is no statutory definition of a ‘non-material amendment’. What may be non-material in one context may be material in another.

This is because it depends on several factors, such as:

• the context of the overall scheme
• the amendments being sought to the original planning permission
• the specific circumstances of the site and surrounding areas, which will vary from one application to another

As the local planning authority, we are responsible for determining whether a proposed change is non-material. We must be satisfied that the amendments sought to the planning permission are non-material in nature and can therefore be determined as an application (under Section 96A of the Town and Country Planning Act 1990).

How we decide whether the amendment is non-material

We consider the effect of the change together with any previous changes made to the original planning permission. We’ll consider these tests as a starting point:

1. Is the scale of the proposed change great enough to cause an impact different to that caused by the original approved development scheme?
2. Would the proposed change result in a detrimental impact either visually or in terms of local amenity?
3. Would the interests of any third party or body be disadvantaged in planning terms, or,
4. Would the proposed change conflict with national or development plan policies?

There may be other considerations that will identify if a proposed amendment is non-material depending on the circumstances of each case.

Officers are not able to provide an informal opinion on whether the proposed amendment would be non-material. 

You should request pre-application advice to confirm whether or not your proposed amendments are non-material in nature and can be determined as an application (under Section 96A of the Town and Country Planning Act 1990). This will avoid any possible abortive work by both the local planning authority and applicant.

Other options

You can apply to the planning authority for planning permission for the development of land without complying with condition(s) put on a previous planning permission. This is under Section 73 of the Town and Country Planning Act 1990.

The Government’s Planning Practice Guidance advises that section 73 applications may only be used for ‘minor material amendments’ to existing planning permissions. If any modification of approval proposals are ‘fundamental or substantial’ then a new planning application is required.

In determining section 73 applications, the planning authority shall consider only the question of the conditions in question. Officers are not able to provide an informal opinion on whether the proposed amendment would be ‘fundamental’ or ‘substantial’.

If the application is granted, then a new planning permission would be issued separate to the previous planning permission. The previous permission also remains valid.