Amending An Existing Planning Permission
If you have already received planning permission and want to make changes to the approved scheme, it is advisable to seek advice from the Council as to whether the changes will require a fresh planning application. If you require written advice, the Council will make a flat rate charge of £50 + VAT. (The charge will not apply to enquiries relating to Conservation Area, Tree or Listed Building Consents.) If a fresh application is required then you will need to apply as before and a fee may be payable. If the change you want to make is not material, then you can apply to have it approved as an amendment to the existing permission. New legislation came into effect on 1 October 2009 which allows the Council to approve such non material changes to approved developments. The key points are as follows:
- Applications can only be made by someone who has a legal interest in the land, i.e., it does not have to be the original applicant.
- Notice has to be served by the applicant on any owner of any land to which the application relates.
- No Design and Access Statement is necessary.
- There is a standard application form - see below
- The fee for these applications are £25 for householders and £170 in all other cases.
- Neighbour notification and consultation is discretionary; the Council will not undertake notification and consultation in most cases.
- The application is not for a new permission, but conditions can be varied or removed if appropriate.
- If the amendment is such that it is necessary to impose a new condition, then it can not be a minor amendment and a fresh application will be necessary.
- Applications and decisions will go on the planning register.
- The Council have to take into account any comments received within 14 days of the application as a result of any notice being served.
- Decisions are expected to be issued within 28 days.
- There is no right of appeal should the Council decide that an amendment is a material change to the permitted development.
- Government guidance on the latest legislation was issued in October 2010.
- Most planning permissions are only valid for three years. The above only applies if the planning permission is still valid; if it has expired a fresh application will be required.
- 1. Application for non-material amendments following a grant of planning permission
