Commercial Conference

Non-Material Amendment – Section 96A

 

Once you have your permission granted, you might wish to make a few minor changes. This might be possible as a Non-Material Amendment or Section 96A. But what is it and how do you apply. And more importantly is it suitable for your changes?  If you need any help with this please make contact for assistance.

Non-material amendment


What is a Non-Material Amendment?

If you need to make amendments to granted planning permission a non-material amendment might be suitable. The legislation for this is contained within Section 96A of the TCPA 1990.

There is no actual definition of what non-material is, however any changes under a non-material amendment must be considered minor. You cannot use this on a listed building or conservation area consent. As there is no definition, it will often be up to the local authority to decide as to what they consider to be applicable. An amendment which may be non-material in one case could be considered material in another

As a general rule, the following would not be acceptable – although as each application is considered on its own merits, there may be exceptions to these.

  • the application site area is different to the original application
  • the application description is different to the original application
  • the proposal would result in changes to external details that would materially alter the appearance of the building
  • the amendment significantly increases the size of any part of the development
  • the amendment increases the height of the building or structure
  • the amendment locates any part of the development closer to a neighbour
  • the amendment changes windows or doors in any elevation facing a neighbour, which increases overlooking in any way
  • the amendment would result in a greater visual intrusion, loss or light or feeling of enclosure to neighbours
  • the amendment would affect any relevant objections to the original proposal
  • enforcement action had already started against your development, for example for not complying with approved plans

Normally neighbours are not notified, although if they are then they are only given 21 days to reply as this application should be decided within 28 days. This period should only be extended if agreed in writing.

In order to apply you must have an interest in the land, even if you are not the original applicant. Examples include the freeholder, leaseholder, mortgage lender or someone who has exchanged contracts for the land etc. There is a fee for applying – see our fees page for the current rate.

There is no right of appeal to a non-material amendment. This falls outside of Section 78 of the TCPA 1990. If it is refused than a planning application would need to be submitted.

If you would like to apply for a non-material amendment, one of our consultants will be able to assist. Simply fill in the fee proposal form and we will do the rest.

 

Non-material amendment page updated: 16th January 2024

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