Amendment to planning permission
Following the grant of planning permission you may wish to amend the permission.
Amendments can be:
- non-material amendments
- minor-material amendments i.e. removal or variation of conditions attached to a planning permission (excludes a condition requiring the implementation of an existing planning permission within a specified time limit)
Find out what is outside the scope of an amendment.
An application to make non-material amendments to a planning permission can only be made by a person with an interest in the part of the land to which the proposed non-material amendments relate. This would typically mean that the applicant is an owner or a tenant.
If the applicant is not the sole owner of the land to which the application relates, the applicant is required to notify any other owners or tenants of agricultural holdings of the application - as set out in Article 4F(3) of the Town and Country Planning (General Development Procedure) Order 1995.
If the applicant does not have an interest in the part of the land to which the proposed non-material amendments relate, or notification is required under Article 4F(3) but has not been carried out, the applicant will not be able to proceed with the application.
This process does not cover Listed Building consents.
We are required to issue a decision on the application within 28 days of receipt. If the amendments are approved we are able to impose new conditions or alter existing conditions -a new planning permission is not issued.
If we are unable to make a decision on the application within the 28 day time limit, refuse the application, or impose new conditions/alter existing conditions, then there is a right of appeal to the Planning Inspectorate.
Minor material amendments
An application to make minor-material amendments to a planning permission can be made by anyone, whereby an application is made to vary a condition listing the plans attached to a planning permission, or to vary another condition e.g. parking requirement, opening hours etc.
Apply to make minor material amendments to a planning permission.
The application is processed in the same way as a planning application but we will consider only the question of the conditions subject to which planning permission has been granted. This will result in a new planning permission being issued although the expiry date of the new permission will be same as the original planning permission.
The right to appeal against the decision on the application remain unchanged from that of a planning permission.