After planning permission has been granted the approved proposals/details may need to be modified. Where these modifications are minor and insignificant (non-material), an amendment under S96a condition may be appropriate.
There is no statutory definition of 'non-material'. This is because it will be dependent on the context of the overall scheme - an amendment that is non-material in one context may be material in another. The LPA must be satisfied that the amendment sought is non-material in order to grant an application under section 96A of the Town and Country Planning Act 1990.
The procedure cannot be used to make non-material amendments to listed building consents.
The applicant must notify anyone who is an owner of the land which would be affected by the non-material amendment or, where the land comprises an agricultural holding, the tenant of that holding.
We will not accept s96A applications where:
- It adversely affects neighbouring properties or relates to elements that representations were made against
- Is contrary to policy
- Falls outside the scope of the original permission
- Conflicts with any conditions or requires new conditions to make it acceptable
- Extends the site boundary/red line
- Introduces new works which in themselves require planning permission
For more information, please see Special Application Types. You can apply online at the Planning Portal.