Power to Make Non-material Changes to, or Otherwise Revoke or Modify, Existing Planning Permissions and the Liability of a Local Planning Authority to Pay Compensation

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Chapter 7

Power to Make Non-material Changes to, or Otherwise Revoke or Modify, Existing Planning Permissions and the Liability of a Local Planning Authority to Pay Compensation

POWER TO MAKE NON-MATERIAL CHANGES TO PLANNING PERMISSION

7.1 The local planning authority (LPA) has power to make non-material changes to a planning permission.¹This includes power to impose new conditions and to remove or alter existing conditions. An application must be made by or on behalf of a person with an interest in the land. There is no definition of the term ‘non-material’ but the LPA must be satisfied that the amendment sought is non-material in order to grant the application the effect of which is to amend the permission.²

¹TCPA 1990, s 73 (applications to develop land without compliance with conditions previously attached) and s 96A (power to make non-material changes to planning permission or permission in principle). See NPPG, Reference ID: 17a-002-20140306 to 17a-019-20140306. See also Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO), art 10. As by definition the changes sought will be non-material, it is unlikely that there will be effects which would need to be addressed under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

²An application under TCPA 1990, s 73 will give rise to a wholly new planning permission, whereas s 96A does not result in a new permission but amends an existing permission (s 96A does not leave the option available under s 73 of implementing the unamended permission since there is only one permission, rather than a second permission which results from s 73). Under s 73, the LPA will only be considering the question of conditions subject to which planning permission should be granted. The authority may decide that permission should be granted subject to conditions differing from those to which the previous permission was granted, or that it should be granted unconditionally, or it may even decide that planning permission should be granted subject to the same conditions as before, in which event the application under s 73 will be refused. This provision will not apply to the extent that it has effect to change a condition subject to which

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180 Planning Law: A Practitioner’s Handbook

7.2 Where new issues arise after planning permission has been granted which require modification of the approved proposals, if they are fundamental or substantial then a new planning application will need to be submitted. Where less important changes are proposed, a developer has the following options for amending a proposal that has planning permission: he may either apply to make a non-material amendment; or he may seek to amend the conditions attached to the planning permission, including seeking to make minor material amendments.

REVOCATION OR MODIFICATION OF PLANNING PERMISSIONS

7.3 The LPA also has power to revoke or modify a planning permission to such extent as it considers expedient, having regard to the development plan and to any other material considerations.³No order can, however, be made after the relevant building operations have been completed or any relevant change of use has taken place, and the revocation will not affect any building operations which have previously been carried out.⁴In opposed cases, an order made will not take effect unless it is confirmed by the Secretary of State, who may confirm the order either without modification or subject to such modification as he considers...