What is a minor amendment in planning?
Minor material amendments are applications that seek approval for minor changes on a previously approved planning application. It is not possible to use the minor material amendment process to make changes to a Listed Building Consent.
Can planning permission be amended?
Yes: it’s possible to make changes to an existing planning permission and to change a recently approved planning permission. Our handy guide below will show you the easiest ways to make amendments after receiving planning permission.
What is a Section 73 planning amendment?
Section 73 of the Town and Country Planning Act 1990 enables an applicant to apply to develop land without compliance with conditions attached to an extant previous planning permission. Under this section a local planning authority may amend or remove conditions but may not amend any other part of the permission.
How do I submit a minor material amendment?
Currently, all minor material amendment requests need to be submitted in writing using an existing section 73 procedure (“Application for removal or variation of a condition following grant of planning permission”), which is available on the Planning Portal.
How long does an amendment to planning take?
The application should be determined within 28 days unless a different time frame has been agreed. A non-material amendment might be one where: It is a very small change.
Can you condition a non material amendment?
An application under Section 96A for a non material amendment does not result in the issuing of a new consent, the existing consent still stands with its relevant conditions attached. We have taken the view that if someone wishes to vary a condition, the proper route is via a Section 73 application.
How do I submit a planning amendment?
1. Access your application list – Login to your account on the Planning Portal and go to ‘start or view planning applications’. 2. Find the application you wish to amend – On your application list, the status of your application is categorised under tabs named; Draft, Submitted, Transferred and Archived.
What is a Section 96A?
A non-material amendment application under Section 96A of the Town and Country Planning Act is a way of amending an existing planning permission, if the amendment is very minor and is not a material change to the development as approved. An amendment that is material to one permission may be non-material to another.
What is a Section 72 application?
72 Conditional grant of planning permission. (b)for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.
Can you appeal a non material amendment application?
There is no right of appeal for refusal or non-determination of non-material amendment applications.
Can you make a non material amendment to a listed building consent?
Only planning permissions can be the subject of non-material amendments (not Listed Building Consents or Conservation Area Consents). The Local Planning Authority has 28 days to determine the application. More than one “non-material amendment” can be applied for on one application form.
How long does a planning amendment take?
The application should be determined within 28 days unless a different time frame has been agreed. A non-material amendment might be one where: It is a very small change. It does not vary significantly from what was described on the planning permission.
Can a minor material amendment be made to a planning permission?
An application for a ‘minor material amendment’ can be made under Section 73 of the Town and Country Planning Act 1990, allowing conditions associated with the existing permission to be varied or removed. This can be used to vary a condition that lists the drawings associated with the existing planning permission.
How do I vary an existing planning permission?
This can be used to vary a condition that lists the drawings associated with the existing planning permission. If there is no such condition, one may be added using an application under section 96A of the Town and Country Planning Act 1990 and then a Section 73 application to vary that condition.
What is a section 73 application for a minor material Amendment?
One of the uses of a section 73 application is to seek a minor material amendment, where there is a relevant condition that can be varied. Are there any restrictions on what section 73 can be used for?
When does an amendment require a new planning application?
An amendment that is considered to be more significant than a non-material amendment will require a new application. This may be an application for a ” to the existing planning permission, or if the change is not considered to be a , then a new planning application will be required.