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Insights

Can I amend my Planning Permission?

Posted on 04th August 2022 in Planning and Licensing

Posted by

Kelly Burns

Associate & Solicitor
Can I amend my Planning Permission?

Planning applications can take several months, if not years, to be decided and during that time it is commonplace for the proposed scheme to be altered especially so in the case of a large development.

But what steps can you take if you need to alter the scheme after planning permission has already been granted?

There are a number of ways in which a planning permission can be amended but the specific options available to you will depend on the nature of the amendment you are proposing.

If the proposed amendment is non-material in nature, then the Local Planning Authority has the power to make a non-material amendment to the planning permission under Section 96A of the Town and Country Planning Act 1990.

What is a non-material amendment?

There is no statutory definition of non-material and your Local Planning Authority will consider the application in the context of the development as a whole which means that each application is in fact specific.  There is no right of appeal against the Local Planning Authority’s decision not to treat an amendment as non-material other than by Judicial Review.    

My amendments aren’t non-material, what should I do?

If your proposed amendment is not non-material but would require the variation or removal of a condition to the planning permission, then you may be able to amend the planning permission via what is known as a section 73 application. If approved, this type of application would result in a new planning permission being granted for the amended development with the required condition varied or removed (as the case may be).

A section 73 application does have its limits, however. It can only be used to vary or remove a planning condition. It cannot be used to amend the description of the development approved by the planning permission.

If your proposed amendment would require a change to the approved description of development, then it is likely you would need to submit a new planning application. In some cases, where the required amendment to the description would be non-material, you may be able to amend it via a non-material amendment under Section 96A of the Town and Country Planning Act 1990. If granted, the non-material amendment could then be followed with a Section 73 application to vary or remove any planning conditions as needed.

How can we help?

Our experienced team of planning lawyers are on hand to advise on amending planning permissions and can be contacted by telephone on 01392 207020 or emailed at enquiries@tozers.co.uk

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