Amendments to planning applications and planning permissions are not uncommon and arise for a number of reasons. In the case of the former, amendments can help to deliver better overall developments or achieve proposals where development would otherwise be refused or may simply be corrections to the information provided as part of the planning application. Post decision changes may result from a need to change the proposals as part of the building regulations process or to accommodate hitherto unforeseen circumstances once construction or operations commence.
On 1st October 2009 new provisions were introduced at Section 96A of the Town and Country Planning Act 1990, which enable an application to be submitted for non-material or minor amendments to an extant planning permission. These provisions do not however, apply to listed building or conservation area consent.
In order to deliver a responsive planning system, it is custom and practice across the country that planning authorities seek to accommodate small changes as "non-material amendments" in order to avoid the need to submit a new planning application for minor changes to development proposals. This benefits the applicant who is not required to make a new planning application, with the time and financial costs incurred and the local authority who can ensure that it uses its resources effectively and efficiently. As an application under Section 96A is not an application for planning permission, provisions relating to consultation, publicity and notification do not apply.
Minor amendments must be within the scope of the original permission and must not result in a materially different scheme, with differing impact. In effect, accepting a minor amendment simply means that the local planning authority will not take enforcement action against the breach of planning control. It also ensures that the authority has an accurate record of the development as completed.
What is a 'Minor Amendment'?
A minor amendment may be defined as:
'A minor variation in an aspect or aspects of the detail of a submitted and/or approved scheme which does not raise any new issues for consideration which would otherwise warrant the submission of a fresh application'.
In order to establish whether a proposed revision is inconsequential in relation to the submitted and/or approved scheme, the Council have established a number of tests which are explained in the Guidance Note below.
Requests for Minor Amendments
Applications for minor amendment must be submitted online or in writing by completing the standard application form and must be accompanied by:
- A standard form which clearly identifies the planning application or planning permission to be amended.
- A schedule which clearly indicates all of the amendments proposed and the reasons why they are being requested.
- A plan which must be drawn to a metric scale with any figured dimensions in metres which cross-references to the schedule of amendments and outlines in red all of the proposed amendments.
- The relevant planning fee.
Requests which are not submitted in accordance with the above will be rejected.
Applications should be returned to:Planning DepartmentDerbyshire Dales District CouncilTown HallBank RoadMatlockDerbyshireDE4 3NN