Amendment to Planning Application

A Guide to Amending Planning Permission

During the process of applying for and securing planning permission, the situation can change. Designs evolve, site conditions emerge, exceptional circumstances arise or a developer’s requirements shift between the time of permission being originally granted and work beginning on site.

Fortunately, the planning system in England provides formal mechanisms to accommodate such changes. Whether you seek amendments to modify an application that is still under consideration or want to revise already approved proposals, there are established routes for doing so. Understanding which route applies to your situation, and what the process involves, is essential to avoiding unnecessary delay or expense.

This guide explains the two main types of amendment to approved plans, how the process works in practice and where specialist support is likely to be needed.

Types of Amendments to Planning Permission

When it comes to amending a planning permission, the nature of the change determines which process you must follow. The two main categories are material amendment and non-material amendment.

These are not interchangeable. The distinction between them has significant consequences for how your application is assessed, how long it takes and what it costs. Understanding which category your proposed change falls into is the essential first step.

In broad terms, a material amendment aims to make significant changes, meaningfully altering the nature or impact of the development. A non-material amendment is a minor change that makes no meaningful difference to the approved scheme. The local planning authority makes the final determination on which category applies.

Material Amendment to Planning Permission

A material amendment is a change that is considered significant enough to alter the character, scale or impact of the approved development. Because a material amendment means that a fundamental change is being requested, it cannot simply be noted: it must go through a formal application process and potentially additional consultation to make interested parties aware of the effect of the change.

In England, minor material amendments to a planning permission are typically made under Section 73 of the Town and Country Planning Act 1990. A Section 73 application asks the local planning authority (LPA) to vary or remove a condition attached to the original permission, effectively creating a new planning permission with revised conditions.

Common examples of a material amendment include:

• Increasing the footprint, height or massing of a building
• Changing the use of part of a development
• Relocating structures or access points in a way that affects neighbouring properties
• Altering the layout of a scheme in a way that changes its relationship with surrounding land
• Modifying drainage, landscaping or ecological mitigation provisions

A Section 73 application is subject to the same scrutiny as a new planning application. The LPA will consult relevant parties, consider the impact of the material change and issue a formal decision. If approved, the result is a new planning permission; one that runs alongside the original rather than replacing it.

Because a material amendment effectively creates a new permission, it may also trigger new requirements and have new conditions imposed and potentially associated legal agreements. Updated ecological surveys, revised drainage strategies or new arboricultural assessments may be needed depending on what has changed and how long ago the original surveys were carried out.

Non-Material Amendment to Planning Permission

A non-material amendment (NMA) covers minor changes that have no significant effect on the approved development. The process is simpler and faster than a Section 73 application and there is no requirement for full public consultation.

Non-material amendment applications in England are made under Section 96A of the Town and Country Planning Act 1990. There is no statutory definition of what counts as non-material: the LPA makes that judgement on a case-by-case basis. However, broadly speaking, a non-material amendment is one that any reasonable person would regard as trivial or inconsequential.

Common examples of non-material amendments include:

• Minor adjustments to window or door positions
• Small changes to external materials or finishes
• Slight repositioning of internal walls
• Corrections to errors or inconsistencies in the approved drawings
• Minor alterations to boundary treatments

The LPA has 28 days to determine an non-material amendment application. If they consider the change to be material, they will decline to process it as an non-material amendment and direct the applicant to submit a Section 73 application instead.

There is no fee for a non-material minor amendment application in England, though LPAs in Wales operate under different rules and fees may apply.

Amending a Planning Application

The situation is somewhat different when planning permission has not yet been granted for a submitted scheme. If your application is still under consideration by the LPA, you may be able to make proposed amendments of a minor nature before a decision is issued but the options and implications vary depending on how far the application has progressed.

In the early stages, it is often possible to update drawings and supporting documents directly with the LPA, provided the changes do not fundamentally alter the nature of what was submitted. In practice, many LPAs are willing to consolidate minor revisions during the consultation period, as this can avoid the need for a resubmission later.

However, if the application has already been publicised and the proposed changes are significant, such as levels details drawings, the LPA may require the application to be re-publicised to inform interested parties, which resets some of the consultation timescales. In more substantial cases, withdrawing the original application and submitting a fresh application may be the more practical approach.

Cases are decided on an individual basis and it is always worth speaking to your planning case officer before making changes to a live application to find out if they will generally accept unsolicited amendments. Understanding their development plan policies and expectations early reduces the risk of delays from further analysis and ensures that any revised documents are presented in the format the authority requires.

If your amendment impacts a heritage asset or affects any ecological, arboricultural or drainage aspects of the scheme, amending proposals may require updated technical reports and an environmental statement to be submitted alongside the revised drawings.

How to Amend Planning Permission

The process for amending a planning permission depends on whether the change is material or non-material, but the general approach is consistent.

For a non-material amendment (Section 96A):

1. Identify the changes you wish to make and confirm with your LPA that they are likely to be considered non-material.
2. Prepare revised drawings and a written description of the proposed changes.
3. Submit the no material amendment application form through the Planning Portal, referencing the original planning permission.
4. Await the LPA’s determination, which should be issued within a time limit of 28 days.

For a material amendment (Section 73):

1. Review the conditions attached to your original planning permission and identify which condition or conditions need to be varied; for instance listed building consents.
2. Prepare your application on the prescribed form, including revised drawings, updated supporting documents and any new technical assessments required.
3. Submit the Section 73 application form through the Planning Portal, paying the relevant application fee.
4. The LPA will conduct additional consultation if required. A decision notice should be issued typically within an eight week time period.
5. If approved, a new planning permission is issued with revised conditions.

In both cases, the quality and completeness of your submission is critical. Poorly evidenced amendments or missing technical documents are a common cause of delays. All relevant information must be provided, especially when a fundamental change to a consent is requested. Working with experienced consultants from the outset helps ensure your submission is complete and properly supported.

Direction with a Planning Permission Amendment

Before committing to a particular amendment route, it is worth seeking early guidance from both your LPA and relevant specialists. Many planning authorities offer pre-application advice services and using these can save considerable time and cost by establishing whether your proposed change is likely to be accepted as non-material, or whether a Section 73 application will be necessary.

The direction your amendment takes must have regard to when it occurs in the lifecycle of the project. Changes made before development starts carry different considerations from those made once construction is underway or nearing completion. In some circumstances, retrospective amendment applications may be required, which carry their own risks and considerations.

Where ecological, arboricultural or drainage conditions are involved, the direction of any amendment can also affect what survey work is needed and when it must be carried out. Certain ecological surveys are only possible during specific seasons, so the timing of your amendment can have a direct bearing on your programme. Getting further information and specialist advice early means you can plan around these constraints rather than be caught out by them.

At Arbtech, we work with developers and planning consultants at every stage of the process, from pre-application appraisals through to post-permission amendments, providing the technical reports and assessments that keep projects moving.

Speak to the Experts at Arbtech

If you are considering an amendment to a planning application or an existing planning permission, our team is ready to help. We will review your situation, advise on what surveys or reports may be required and provide a clear, fixed-price quote for the work involved.

Arbtech covers the whole of the UK, with experienced ecologists, arboriculturalists and drainage consultants ready to support your project. We are committed to fast turnarounds, transparent pricing and submissions that give your amendment the best possible chance of success.