Minor and Non-Material Amendments to Planning Permission

How to make changes to an existing planning permission without submitting a full new application, covering Section 73 and Section 96A amendments.

Plans change. After receiving planning permission, you may want to alter the design, move a window, change materials, or make other adjustments. The good news is that you don't always need to submit an entirely new planning application. There are two formal routes for making changes to an existing permission.

Non-Material Amendments (Section 96A)

A non-material amendment is a minor change that does not alter the substance of the permission. This is the quickest and cheapest route.

What qualifies as non-material?

There is no legal definition - it is a judgement call by the council. Examples that are typically considered non-material:

• Minor changes to window positions or sizes
• Changing external materials (e.g. from render to brick, if the visual impact is similar)
• Small adjustments to internal layouts that don't affect the external appearance
• Repositioning a door
• Minor changes to landscaping

What is unlikely to be non-material?

• Changes that increase the size or footprint of the building
• Moving the building to a different position on the site
• Adding or removing floors
• Changes that would affect neighbours (new windows overlooking their property)
• Anything that would conflict with a planning condition

Process and fees

• Fee: currently £34 for householder applications, £234 for other applications
• Timescale: the council aims to decide within 28 days, but there is no statutory deadline
• No consultation: councils do not need to consult neighbours on non-material amendments
• Decision: the council either approves or refuses. There is no right of appeal if refused - but you can submit a Section 73 application instead

Minor Material Amendments (Section 73)

A Section 73 application is used for changes that go beyond non-material but don't fundamentally alter the nature of the development. Technically, it is an application to vary or remove conditions attached to the original permission.

What qualifies as a minor material amendment?

• Changes to the design that alter the external appearance
• Repositioning the building on the site
• Adding windows that may affect neighbours
• Changes to access arrangements
• Altering approved materials significantly
• Changes to the mix of uses within a mixed-use scheme

Process and fees

• Fee: currently £234 for householder applications, £462 for other minor developments
• Timescale: 8 weeks (same as a standard planning application)
• Consultation: neighbours are consulted, just like a normal application
• Decision: if approved, a new planning permission is issued with updated conditions. The original permission remains valid - you can choose to build under either permission
• Appeal: if refused, you can appeal to the Planning Inspectorate

When You Need a New Application

If the proposed changes are so significant that they would result in a materially different development, you need to submit a brand new planning application. Signs that a new application is needed:

• The building is significantly larger or taller
• The use has changed (e.g. from residential to commercial)
• The number of dwellings has changed
• The development has moved to a fundamentally different part of the site

Practical Tips

• Ask your case officer - before submitting, call the planning department and ask whether your change is likely to be considered non-material or minor material. This saves time and application fees
• Reference the original permission - always quote the original application reference number in your submission
• Submit clear drawings - show both the approved plans and the proposed changes, ideally with the changes highlighted
• Check your conditions - some conditions must be discharged before work starts. An amendment cannot be used to retrospectively comply with a condition you have already breached