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.
- 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 new legislation was issued in November 2009.
