What is a non material amendment?

If you want to make a change to a proposal that has already been granted planning permission and is still valid but not yet implemented, you should apply to the Council for a non material amendment. You can download the relevant application forms and guidance notes by following this link.

In guidance relating to non-material amendments the Government has made it clear that there is no statutory definition of ‘non-material’. This is because it is so dependent on the context of the overall scheme – what may be non-material in one context may be material in another. Local Planning Authorities must therefore be satisfied that the amendment sought is non-material in order to grant an application. As a general rule for a change to be material it has to be of significance, of substance and of consequence. Changes to the inside of a building that do not affect its’ external appearance or changing for example the material of a rainwater gutter from plastic to metal are not regarded as development and need not be considered as a minor amendment unless a condition of the planning permission restricts such changes.

The Consideration of a Non Material Amendment Application

When the Council receives an application for a non- material amendment it is unlikely that if any of the following apply that an application for a non material amendment would be granted permission:

  •  There would be an alteration to the site boundary as defined by the red line.
  •  There would be a change to the description of the proposal.
  •  The amendment would conflict with any conditions of the planning permission.
  •  The amendment would conflict with the Councils’ Local Plan policies or Government Guidance.
  •  The amendment would significantly alter the appearance or size of the approved development.
  •  The amendment would have an unreasonable adverse effect on a neighbour, such as the introduction of a new widow that would increase overlooking.
  •  The amendment would have a greater impact on adjoining occupiers than the original planning application.
  •  Amendments that by themselves require planning permission, for example the installation of more than two microwave antennae on a dwelling.
  •  Amendments that raise issues not covered by an associated Environmental Statement.

Please note that the above is for guidance only and should not be considered as Council policy when considering applications for non-material amendments.

 

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