Non material changes to existing permissions

New legislation came into effect on 1 October 2009 which allows the Council to approve 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 on the Dartford website and the Planning Portal.
• The fee for these applications are £25 for householders and £170 in all other cases as from 26th February 2010.
• 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 must 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.
• Normal rights of appeal apply.

Government guidance on the new legislation was issued in November 2009.