Securing planning permission is a major milestone for any project. However, permission is granted on the basis that works are carried out in accordance with the approved plans and any planning conditions attached to the decision notice. As projects progress, designs often evolve. Practical, technical or cost considerations can all result in changes being proposed after permission has been granted. In these circumstances, it is important to consider whether those changes require further approval from the local planning authority.
Two of the most common routes for amending an approved scheme are Non-Material Amendment applications and Section 73 applications.
A Non-Material Amendment, often referred to as an NMA, is generally used for very minor changes to an approved planning permission. These are changes which do not alter the overall nature of the development or result in materially different planning impacts when compared with the approved scheme. However, there is no fixed definition of “non-material”, and each local authority will make its own judgement based on the specific circumstances.
A Section 73 application is used where changes are more substantial, but still fall short of requiring a completely new planning application. This route allows applicants to vary or remove conditions attached to an existing permission, often including conditions that list the approved drawings. It can be appropriate for changes to layout, scale, appearance, access arrangements, landscaping, or certain operational controls.
Choosing the correct route matters. Carrying out works that do not match the approved permission can expose applicants to enforcement action and may create issues when selling, funding or occupying a development. What may appear to be a small design change on site can still be material in planning terms.
At Ethical Planning, we regularly advise clients on the best way to amend approved schemes. We can help assess the scale of proposed changes, liaise with the local planning authority, prepare the necessary submission, and minimise the risk of delays or refusal. If you are considering changes to an approved scheme, seeking early planning advice can help keep your project compliant and on track.