Applications for non-material amendments to a planning permission - Purbeck
Section 96A of the Town and Country Planning Act 1990 allows Purbeck District Council to agree changes to any planning permission if it is satisfied that the amendment proposed is non-material.
It is recognised that amendments can arise from unexpected changes in circumstances or site conditions. The provisions are aimed at providing a quick, formal method of dealing with small changes to approved schemes.
There is no statutory definition of non-material. Whether an amendment is non-material will depend upon the context of the overall development and the original planning permission. The information below seeks to provide some guidance on the procedure, and how Purbeck District Council will assess non-material amendments. If having read it you are still uncertain whether what you are proposing would be a non-material amendment, you should seek pre-application advice.
Please note. This is not applicable to Listed Building Consent or Advertisement Consent. For these, the works must be carried out strictly in accordance with the approved scheme or a new application submitted.
Criteria for assessing non-material amendments
Section 96A of the Town and County Planning Act 1990 says
"In deciding whether a change is material, a Local Planning Authority must have regard to the effect of the change, together with previous changes made under this section, on the planning permission as originally granted."
In making an assessment of whether an amendment is non-material, Purbeck District Council will apply a two-stage process.
- first, is the change material to any development plan policy?
If the answer is 'no',
- the following three tests will apply:
- is the proposed change significant in terms of its scale (magnitude, degree etc.) in relation to the original approval?
- would the proposed change result in a detrimental impact either visually or in terms of amenity?
- would there be a need to consult any third party or body?
If the answer to any of these is 'yes,' then the proposed change cannot be regarded as non-material.
In considering these tests, the following factors may be relevant:
- to what extent does the proposed change relate to a condition on the original planning permission (e.g. landscaping, parking arrangements, materials)?
- was the matter the subject of any objections or other material representations on the original permission?
- what would be the effect of proposed changes to building position, height, levels, position of windows, materials proposed, and/or relationship with any adjoining development?
- what would be the impact on existing trees and any approved landscaping scheme?
- what would be the impact on the amenities of adjoining occupiers?
- are there any other material considerations identified in the original officer report which should inform the decision?
- the cumulative impact of the proposed change, together with any previous non-material amendments.
Amendments not considered non-material
The following examples are intended to give guidance about changes unlikely to be accepted as 'non-material'. It is not comprehensive, and each non-material amendment request must be considered on its merits, having regard to all relevant circumstances:
- new or enlarged windows/openings which could result in loss of privacy or amenity to neighbours.
- change which could adversely affect the occupiers of a neighbouring property.
- change that could affect a consultation response on the original application.
- an extension to the site boundary ('red line') of the application site.
- change to ground level which itself constitutes an 'engineering operation' or could result in potential loss of privacy or visual amenity.
- change to external materials which would adversely affect the character or appearance of the development, or erode the quality of that which was originally approved
Procedure for applying
Applications must be made on the correct form and accompanied by the relevant drawings and plans which clearly indicate the nature of the amendment(s) proposed. Applications must be accompanied by the required fee.
- £34 for amendments to a householder permission
- £234 for amendments to all other types of application
More than one amendment may be sought on the same form and for the same fee.
Applications can only be made by someone with an interest in the part of the land to which the amendment relates. If the applicant is not the sole owner of the land, they must serve notice on the others that are. This will require the other owners to be informed about the proposed amendments and that they have 14 days to make representations.
Under the non-material amendment provision, there are no requirements for any of the following:
- submission of a design and access statement;
- ownership or agricultural holdings certificates to be completed (applicant must notify anyone who owns the land);
- statutory consultation or publicity (e.g. site notice, neighbour or Parish / Town Council) to be carried out.
The extent and nature of the proposed amendment must be clearly identified on the plans and drawings submitted with the application. This can be done either by:
- including sets of both the approved and amended drawings;
- superimposing the proposed amendment on those originally approved.
In either case, the extent of the amendment must be clearly identified. The use of a highlighter pen, cross hatching or other notation is helpful. Full specification of materials, colours, or sections must be included, where appropriate.
If the extent and nature of the minor amendment cannot be easily identified from the submitted material, the application will not be made valid until further information or clarification has been received.
Procedure for determination
Once the application is registered, a decision will be made within 28 days and a decision notice issued. The approved non-material amendment is read in conjunction with the parent permission, with all the original conditions along with any new ones added to the non-material amendment.
If the proposed change(s) are found to be "material" the application will be refused and there is no right of appeal against this decision.