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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Cited authorities 7

Cited in

Author	William Webster/Robert Weatherley
Pages	443-446

Chapter 43

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

43.1 The 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

REVOCATION OR MODIFICATION OF PLANNING PERMISSIONS

43.2 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

1TCPA 1990, s 96A. See PPG, reference 17A-002-20140306 to 17A-002-20140306. See also

DMPO, art 10.

2Whereas an application under TCPA 1990, s 73 (i.e. an application to develop land without compliance with conditions previously attached) will give rise to a wholly new planning permission. 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 the previous planning permission was granted by extending the time within which a development must be started or an application for approval of reserved matters must be made.

3TCPA 1990, s 97(1) and (2). In the exercise of powers under this section, the LPA is able to have regard, as a material consideration, to its potential liability for compensation and whether it is proportionate to the aim to be achieved (R (Health and Safety Executive) v Wolverhampton City Council [2012] 1 WLR 2264; see also R (Usk Valley Conservation Group) v Brecon Beacons National Park...

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