Non Material Minor Amendments to Planning Permissions
Section 96A of the town and Country Planning act 1990 (introduced by s. 190 of the Planning Act 2008) makes it possible to apply to make a non-material amendment to existing planning permissions.
The Council is therefore introducing a system a whereby ’minor amendments’ to a scheme can be considered as a way of allowing the planning system to respond in a reasonable and flexible manner to small changes to an approved scheme without seeking a fresh application.
The discretion rests with the Council as to whether the amendments constitute a non-material revision to a planning permission which would not take it outside the scope of the original permission.
This practice note sets out the circumstances in which minor amendments to approved planning applications will be accepted.
All of the following criteria must be met for amendments to be considered under this procedure:
- There would be no alteration to the application site boundary (red edge).
- The amendment would not conflict with Development Plan Policies or other Government Guidance
- There would be no conflict with any conditions on the planning permission or introduce a requirement for additional planning conditions
- The proposal would not exacerbate concerns raised by third parties at original planning application stage.
- The approved footprint/siting of the building will not be moved in any direction by more than 1 metre.
- The proposal would not result in an extension to development already approved.
- The height of the building or extension would not be increased.
- The amendment would not result in any potential overlooking of any neighbouring property.
- The amendments must not result in a fundamental change in the design of the building.
- Does not amount to new works or elements not considered by any Environmental Statement submitted with the application
The criteria set out above are designed to prevent amendments being accepted that would have a detrimental impact upon neighbours or amenity in the wider public interest. If these criteria cannot be met a new full application will be required. Minor changes would not normally require any publicity. If, in the opinion of the council, a proposed amendment warrants re-consultation, it will not be regarded as minor and therefore will not be considered without a fresh application.
Minor Amendment Submission Requirements
A national standard "1App" form is available for non-material amendments to existing permissions. Lancaster's old Minor Amendment Request form is no longer acceptable.
Download Non-Material Amendment Application Form
It is not currently possible to submit an application for a non-material amendment electronically via the Planning Portal.
Applications can be submitted by email to developmentcontrol@lancaster.gov.uk, provided the total size of the email does not exceed 10Mb and there are no Zip files included.
Applicants wishing to submit by post should send their applications to:
Development Control Team
PO Box 4
Town Hall
Lancaster
LA1 1QR
Applications can be hand-delivered to the Customer Service Centres in Lancaster and Morecambe Town Halls.
Submissions must include:
- A completed application form (available from above)
- Site Location Plan
- Plans showing the development as approved, and the proposed amendments to the proposal clearly marked
- The appropriate fee.
Fee for Non-material Amendment Applications
Lancaster has introduced a fee for non-material amendment applications. There are 2 fee levels:
£25 for Householder applications
£170 for any other application.
Period for Determining Minor Amendment Requests
The Council has 28 days to deal with minor amendment requests from the validation of any application.