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From 1st October 2009 it will be possible to apply for a new Planning Permission to replace an Extant Planning Permission, i.e. to extend the time limits for the implementation of existing planning permission, listed building and conservation area consents. Outline planning permissions can also be extended if they are still extant as of 1 October and, at the date of application, have not yet commenced.
From 26th February 2010 central government imposed a new fee structure for an Application for a New Planning Permission to replace an Extant Planning Permission, i.e. to vary the time limit of an existing application, the new fee structure can be found on the Planning Portal website fee sheet.
Applications must be made on the Extension of Time Limit application form (PDF, 311kb), see also the Extension of Time Limit checklist (PDF, 21kb) and Extension of Time Limit guidance notes (PDF, 15kb).
Occasionally an applicant may wish to make alterations to a scheme after it has been granted planning approval, please note Listed Building Consents are excluded from this procedure.
FAQ's on Non-Material Amendments
Is a fee payable for making this application
From 26 February 2010, the fee payable for this type of application is £25 if the application is a householder application; in all other cases the fee payable is £170. Full details of the fee structure can be found on the Planning Portal website fee sheet.
What can be handled as a minor/non-material amendment application
Such applications are often referred to as “minor amendments” and are small changes that can be allowed without a new planning application being required, they are not a new planning permission. Applications must be made on the Non-Material Amendment application form (PDF, 254kb), see also the Non-Material Amendment checklist (PDF, 18kb) and the Non-Material Amendment guidance notes (PDF, 10kb).
There is no firm rule in deciding whether a change is material or non-material, a local planning authority must have regard to the effect of the change, together with any previous changes made on the planning permission as originally granted.
The tests that are considered by the local planning authority when considering a proposal for an amendment are:
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If any proposed amendments are so slight (de minimis) and do not amount to a 'material' change from the approved plan, it is likely that the proposed alterations could be considered to be lawful within the scope of the existing planning permission
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The question as to whether the development now proposed is the same development as that granted permission – for example the reshaping of a single window in a new house should be capable of consideration as a minor amendment; on the other hand the substitution of a completely different dwelling on a different footprint, different materials and different massing would not
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Consideration of whether the description for the development would need to be changed as a result of the amendment
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What external impact the changes now proposed might have
Each request will be considered on its merits having regard to all relevant circumstances.
Please note that if the changes are considered to be material, a revised planning application will be required. In such cases the Council will advise you in writing of the reasons why this is the case.
What is the process for applying for minor/non-material amendments
The process for applying for minor/non-material amendments to approved plans involves the submission of the original and 3 copies of the Non-Material Amendment application form (PDF, 254kb), along with 4 copies of the amended plan(s)/drawing(s). The submitted plans will be assessed by the original case officer where possible who will respond in writing as to whether or not the changes proposed are acceptable as an amendment.
Consideration of an application will be delayed if you do not complete the form properly or do not provide the information requested. For additional information see also the Non-Material Amendment checklist (PDF, 18kb) and the Non-Material Amendment guidance notes (PDF, 10kb)
What timescale do the Council look to respond to minor/non-material amendment applications
The Council will endeavour to respond within 28 days of receipt of the application form to advise you if the changes can be accepted as an amendment to the approved scheme, or whether a formal planning application needs to be made.
Is there a Right of Appeal
In the event that the non-material amendment is not determined The Department for Communities and Local Government have recently informed us that there is no right of appeal.
This is a change to the original contents of amendment to Section 78 of The Town and Country Planning Act 1990. As of 10th September 2010, the DCLG have yet to produce a statement offering guidance to applicants and Local Authorities over this matter, but we will update this web page with more information as soon as it becomes available.
If you have any issues regarding non-determination of a non-material amendment, then in the first instance, please write to the Chief Planning Officer detailing your complaint.
In the meantime, should you wish to appeal against the Council’s decision not to approve any proposed non-material amendments, there is an option to apply for planning permission for a scheme which incorporates the desired non-material amendments and, if planning permission is refused by the Council, that decision can be the subject of an appeal.
As from 6 April 2009 we will be charging £85 per request to discharge conditions attached to a planning permission (or £25 in the case of a permission relating to an extension or alteration to a dwelling) in line with the provisions of the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations, 1989.
FAQ's on the discharging of conditions
The charges apply to all requests for approval of details to discharge conditions attached to planning permissions and requests for confirmation that conditions have been complied with, regardless of when permission was granted.
There are exceptions to the charges for:
- Requests relating to Listed Building Consent
- Requests to discharge conditions on an Outline permission (other than submission of “reserved matters”)
- Discharging conditions attached to applications resulting from a condition removing “permitted development rights”
The charges will apply to any request received after 6th April 2008.
There will be a standard charge of £25 for householder developments, and £85 for all other developments, per request.
No, a fee is charged for each “request”. Therefore if you apply for discharge of all your conditions at once, you will only be charged one fee. However, if you send in details for each condition separately, these will be counted as separate “requests” and you will have to pay further fees.
We are encouraging requests to discharge conditions to be made on the Planning Application Forms entitled:
“Application for Approval of Details Reserved by Condition” which are the forms named 'Y', or at Planning Reception. The appropriate fee must be provided with the request.
The Council will write to you to advise you that a fee is required. If it is not received, no response will be provided.
Will I be charged again if you do not approve details submitted for discharge of conditions and I submit revisions or further information?
No, where exchange of information/correspondence is on-going a further fee will not be required.
Commencement of development, prior to the discharge of relevant conditions will render the development unlawful and could lead to formal enforcement action by the Council.
Yes, you would be charged again. There is no “free go” or discount.
Charging for handling written requests has been made statutory by the Government. If you do not receive a response within 12 weeks you are entitled to your money back.
The fees have been set nationally by the Government.
If you require any further information about this please contact Planning Support via the Contact Us... section at the bottom of this page.
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