Changed Your Mind? 2 Ways to Modify Approved Plans
Table of Contents
Introduction
Congratulations! You’ve received planning approval for your project – a significant milestone.
But what happens if life throws a curveball or you change your mind about the design? Don’t worry, all your hard work to get to this stage hasn’t been for nothing! Planning permission isn’t set in stone. Indeed, there are not one, but two main ways to modify approved plans, depending on the type of amendments required. So buckle up and don’t panic – by the end of this article, you’ll know exactly what you need to do to realign your design perfectly with your needs without resorting to submitting an new full planning application.
The First Step
Planning permission often comes with specific conditions. Before doing anything else, double-check these conditions for limitations before considering alterations. If you’re unsure about anything, speak to your design professional, or book a free consultation with us to discuss your options.
Minor Adjustments and Design Amendments
If your changes are ‘non-material’ in context of the overall scheme, a Section 96A: Non Material Amendment application is likely to be your best option. What constitutes as non-material, you ask? Good question. By the government’s admission, there is no statutory definition of ‘non-material’. Helpful, right? Right.
Luckily, there are some guidelines:
↪️ Minor Changes: Design amendments that don’t significantly impact the overall design, scale, or use of the development. Examples include alterations to window styles, materials, or minor repositioning of elements. As long as the overall design, scale, and development use remain substantially unchanged, Section 96A might be applicable.
↪️ Objections: The amendments being made shouldn’t give your neighbours a valid reason to object by quoting policies.*
The Local Planning Authority (LPA) assesses if the changes are truly “non-material.” Their judgment is final, so you need to ensure your modifications are genuinely minor when considering the grand scheme of your project.
If your changes do fall under this category, you’re in luck, because there are a whole host of benefits of a Section 96A application. Here are a few:
1️⃣ Timescale: This route boasts a quicker turnaround compared to having to re-apply under a full application. The LPA typically decides within 28 days (unless agreed otherwise).
2️⃣Budget: Involving less paperwork and fees than other application types, a Section 96A is generally a more budget-friendly option.
Despite the benefits, remember that a Section 96A application isn’t for major alterations. If your vision has significantly changed, it might not be suitable.
*While neighbours aren’t formally notified (and we know you may consider this a benefit too), they can still comment within 14 days. As with any planning application, we always suggest that you address any potential concerns upfront to keep the process as smooth as possible.
Substantial Alterations
If your changes are more substantial or affect key aspects like scale or use, a Section 73 application is likely to be necessary. This involves submitting a new application, though it references the existing permission through one of the conditions.
There are some things you should consider when applying to modify approved plans under a Section 73 application:
↪️ Timescale and Cost: Expect a longer process and potentially higher fees compared to the Section 96A application. The LPA will fully re-evaluate the revised proposal against current planning policies.
↪️ Neighbour Consultation: This step becomes more critical as neighbours will be notified about the proposed changes. As with any planning application, we suggest that you address any potential concerns upfront to keep the process as smooth as possible. This is even more important than for a Section 96A application, because the changes are more substantial.
Which Application Do I Need?
If you’re still unsure which application you need to modify your approved plans, here is a handy table that summarises the key differences:
| Feature | Section 96A | Section 73 |
| Type of Changes | Minor tweaks | Substantial changes |
| Impact on Design/Scale/Use | No significant impact | May significantly impact |
| Application Process | Faster, less paperwork | Longer, more complex |
| Cost | More affordable | Potentially higher fees |
| Neighbour Consultation | Less formal, but possible objections | More critical, address concerns |
| LPA Approval | Final say on what constitutes as “non-material” | Re-evaluates entire proposal |
Conclusion
Choosing the right path – Section 96A or Section 73 – is vital for a smooth and successful modification process. If you’re still unsure which path to take, we can assess which application we believe will be best for your project based on the alterations you wish to make and guide you through the chosen route, ensuring all necessary documents are prepared and communication with the LPA is clear and efficient.
For a free consultation, please contact us. We’ll help you navigate the complexities of planning and modify your approved plans.
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