Durham County Council Guidance Note on
Amendments to Planning Applications Following a Grant
of Planning Permission
Introduction
Following a review of the mechanism for making amendments to planning
applications following the grant of planning permission the Government has
introduced a new procedure for dealing with ‘Non-material amendments’ and
clarified the position regarding ‘Minor material amendments’ through section 73 of
the Town and Country Planning Act 1990.
These procedures were introduced as part of the Government’s drive to streamline
and simplify the planning system. These are aims which Durham County Council’s
Planning Service fully supports. As a result the advice contained in this guidance
note has been designed to interpret the changes to the legislation in as practical and
pragmatic manner as possible. The guidance note has also been designed to be as
easy to follow as possible.
Purpose of the Guidance Note
This guidance note seeks to clarify for developers what Durham County Council
would normally regard as a ‘Non-material amendment’ and what would be seen as
a ‘Minor material amendment’. It also explains the procedures involved in
applying for consent to make either a non-material amendment or a minor material
amendment to a planning permission. Finally the note explains where further advice
in relation to a particular project can be obtained.
The guidance note is in two parts. Part A deals with the issue of non material
amendments whilst Part B considers issues relating to Minor Material Amendments
Part A - Procedures for Non Material Amendments to Planning
Applications Following a Grant of Planning Permission
In October 2009 a new procedure was introduced that allows for non material
amendments to be made to planning applications. The new procedures, which were
introduced under s96A of the Town and Country Planning Act, provide for a formal
method of dealing with small changes to approved schemes.
An application for a “non-material amendment” removes the need for an entirely new
planning application to be submitted where only a very small change is sought. Such
an application, if approved, would form an amendment to the original planning
permission and would be subject to the same conditions and time limit of the original
permission. It would not form a new planning permission.
What is a Non Material Amendment?
The legislation does not define what amounts to a non material amendment. It is
therefore the responsibility of each Local Planning Authority to determine on a case
by case basis. It is not possible to give a comprehensive list of what could be
regarded as non material as this depends on the nature of each application.
However, as a general guide any proposed amendment that the Planning Team feel
clearly raises no new planning issues, and which would not be of interest to
consultees (including neighbouring occupiers) would be likely to fall into the non
material amendment category.
In addition, generally amendments that would not otherwise require planning
permission, such as alterations to the internal layout of buildings and the installation
of windows could be regarded as non material.
In assessing whether or not a change amounts to a non-material amendment regard
will be given the scale of the development involved. For example, a small increase
in the height of a small building is likely to have a far greater impact upon its
appearance than a similar small increase to the height of a much larger building.
Examples of works and changes that would fall outside the scope of a non material
amendment would include:
 An increase in the application site area as defined by the red line of the
original application
 Changes to external details that would materially alter the appearance of the
building.
 A material increase in the scale of development (e.g. adding a unit to a
housing development or changes that introduce new uses or materially
change the mix of approved uses)
 A matter covered by a restrictive condition on the original permission
 Works which in themselves constitute “development” requiring planning
permission and were not part of the original proposals
 Works which, together with other previously agreed amendments to the
permitted scheme, would cumulatively result in a significant change to the
original
Proposals that do not comply with the above criteria are unlikely to be treated as a
non-material amendment and are therefore likely require a new planning permission
(see below). Applicants are therefore encouraged to contact the Council at the
earliest opportunity in order that an assessment can be made whether or not the
amendment sought is non material. Planning Officers will determine if a proposal fits
into the non material category inside a period of 21 days but will in many cases a
decision will be made much quicker, within a few days.
What is the Procedure for Requesting a Non Material Amendment?
All requests for a non-material amendment will need to be made on a new standard
application form. The form can be obtained from Council Offices (see below) or by
using
the
following
link:
http://www.planningportal.gov.uk/uploads/1app/forms/Form034_england_en.pdf
The application should include sufficient information and drawings to clearly identify
the changes proposed. It is not always necessary to go to the expense of getting
new plans prepared to show the proposed changes. Planning Officers will be
pleased to advise on the level of detail required for a particular proposal.
Only a person who has an interest in the land, or someone else acting on their
behalf can apply. The applicant will also need to notify any person who is an owner
of the land, or any other person who has an interest in the land.
Upon receipt of a valid application the Council have 28 days or such longer period
as may be agreed with the applicant in which to make a decision. The majority of
decision however will be made much quicker than this.
There is no statutory requirement to undertake consultation and publicity. As a result
of this, and recognising that non-material amendment changes by their definition
would have no material effect upon neighbouring properties, the Council will not
consult or publicise such applications.
Is an Application Fee Payable?
Yes. For householder applications the fee is £25 and in any other case £170.
What Factors will be taken into Account in Determining Whether an
Amendment is Non Material?
When making an assessment whether a non-material amendment is acceptable the
following factors will normally be considered:
 What would be the impact upon the amenities of adjoining residents?
 Would the changes have a detrimental impact upon the surrounding
area/street scene?
 Would the proposal have a significant impact on a particular material planning
consideration?
 Was the matter the subject of the non-material application subject to any
objections or other representations on the original permission?
If the answer to any of these factors is ‘yes’ it is likely the application will be refused
on the grounds that the changes are not appropriate.
How Will Decisions be Made?
Decisions will be made under the Council’s scheme of delegation.
The decision will be made in writing and will only relate to the non-material
amendments sought. It is not the re-issue of the original planning permission, which
still stands. The two documents must be read together.
Is There a Right of Appeal?
Yes, where an application is either refused or is not determined within the 28 day
period an appeal can be lodged with the Planning Inspectorate. Appeals against
refusal must be made with 12 weeks for householder proposals and 6 months with
all other applications. All appeals against non determination must be made within
six months of the end of the determination period.
___________________________________________________________________
Part B – Procedures for Minor Material Amendments to
Planning Applications Following a Grant of Planning
Permission
An amendment that cannot be treated as a “non-material amendment” would require
a new freestanding planning permission, either by way of a “minor material
amendment” to an existing planning permission or by way of a new planning
application. The Government has advised that applications for minor material
amendments should be made by way of a variation of condition application.
What is a Minor Material Amendment?
No statutory definition exists although the Government supports the following
definition:
“A minor material amendment is one whose scale and nature results in a
development which is not substantially different from the one which has been
approved”.
When can a minor amendment be carried out?
Minor Material Amendments can be carried out on any planning consent which has a
planning condition that can be varied to achieve the aim of the minor material
amendment.
In recognition of this, and to ensure that the spirit of the Government’s intentions are
being followed, the Council now attaches such a condition to all grants of planning
permission.
Can a condition be added retrospectively to a consent which does not
have a condition to allow a variation for a minor material amendment?
Yes, an applicant can add a condition listing approved plans (or other) using the
non-material amendment S96a route, before then varying under S73.
What is the procedure for making a minor material amendment?
The same form is used as is currently available for removing or varying a planning
condition
under
S73
of
the
TCPA
1990:
http://www.planningportal.gov.uk/uploads/appPDF/G1305Form025_england_en.pdf
The application should include sufficient information to enable the local planning
authority to identify the previous grant of planning permission and the associated
condition(s) which the applicant is seeking to vary. The applicant will not be required
to provide copies of the application, but it might assist the local planning authority’s
consultation and determination procedures if they provide copies of the original
drawings. When developers are applying to vary approved plans, they should clearly
indicate the full extent of the proposed changes across the site. It some cases it
may be beneficial to submit a supplementary statement to be read in conjunction
with the documents that supported the original application.
Planning Officers will be pleased to offer advice on the level of detail required for a
particular proposal.
What level of consultation will be carried out for minor material
amendments?
The Council will ensure that proportionate consultation is undertaken with statutory
consultees and surrounding occupiers in line with protocols for consultation.
Statutory consultees will normally be consulted if the application proposes an
amendment on which the consultee had an interest in the original application.
Surrounding occupiers will be consulted if it is considered that the application would
have an impact on their amenities.
Does the decision result in the issue of a new consent?
Yes, a decision for a minor material amendment results in a new consent but the
time limit for implementation will be the same as the original permission.
Can new planning conditions be added?
Yes, in accordance with circular 11/95 new conditions can be added if it considered
necessary.
What fee will be charged?
The current fee for variation of planning conditions is £170. Fees can however
change and should be checked using the Planning Portal fee calculator:
http://www.planningportal.gov.uk/england/public/tools/feecalc
Who can apply?
Similarly to a normal planning consent anyone can apply for a minor material
amendment using the S73 route although applicants should check any copyright
restrictions.
How do the changes effect EIA developments?
As a s.73 application is considered to be a new application for development consent
it will still be necessary for the Council to conduct a screening exercise and issue a
screening opinion. Where and EIA was carried out on the original application,
changes to the ES may not be necessary. Changes to an Environmental Statement
may be necessary dependant on the minor material change.
Have appeal procedures changed?
No, as exists already appeals should be made within 12 weeks of a decision for
householder development and six months for other applications. Applicants will still
be able to appeal against non determination within six months of the end of the
determination period (i.e. 8/13/16 weeks).
Where can I get further information?
http://www.durham.gov.uk/Pages/Service.aspx?ServiceId=6316
www.planningportal.gov.uk.
If you are uncertain about either of the procedures outline in this guidance note you
should speak to a Planning Officer who will be pleased to discuss your query. Such
advice is available during normal office hours (8:30am to 5pm) and is provided free
of charge.
The contact details for the various area offices operating in the County are shown
below
Area Planning Office - Spennymoor
Council Offices
Green Lane
Spennymoor
County Durham
DL16 6JQ
email:
planningspennymoor@durham.gov.uk
Tel:
0138 881 6166
Area Planning Office – Easington
Council Offices
Seaside Lane
Easington
County Durham
SR8 3TN
email:
planningeasington@durham.gov.uk
Tel:
0191 527 0501
Area Planning Office
County Hall
Durham
County Durham
DH1 5UL
email:
planningcounty@durham.gov.uk
Tel:
0191 383 5698
Area Planning Office - Durham
Council Offices
17 Claypath
Durham
County Durham
DH1 1RH
email:
planningdurhamcity@durham.gov.uk
Tel:
0191 386 6111
Area Planning Office - Crook
Civic Centre
Crook
County Durham
DL15 9ES
email:
planningcrook@durham.gov.uk
Tel:
0138 876 1571
Area Planning Office - Consett
Civic Centre
Medomsley Road
Consett
County Durham
DH8 5JA
email:
planningconsett@durham.gov.uk
Tel:
0120 721 8275
Area Planning Office - Chester-leStreet
Civic Centre
Newcastle Road
Chester-le-Street
County Durham
DH3 3UT
email:
planningchester-lestreet@durham.gov.uk
Tel:
0191 387 2172
Area Planning Office - Barnard Castle
Teesdale House
Galgate
Barnard Castle
County Durham
DL12 8EL
email:
planningbarnardcastle@durham.gov.uk
Tel:
01833 690 000