Amending planning permissions (S96A and S73 applications)

Once planning permission has been granted, development must take place in accordance with the permission and any conditions attached to it. It must also be completed with consideration given to any associated legal agreements.

It is possible to make ‘non-material’ amendments to planning permission under s96A of the Town and Country Planning Act 1990. There is no statutory definition of ‘non-material’ and it will be determined in context by the local planning authority. However, examples might include amendment where the changes are very small and do not conflict with conditions laid down in the permission.

Minor material amendments to planning permission can be made under s73 of the Town and Country Planning Act 1990 through a variation of condition application.

A minor material amendment is a change that will have a small impact on the development itself or the neighbouring properties. Any amendments of a more significant nature should be the subject of a new planning application.

You can make amendment applications through the online Planning Portal or obtain a copy of the application form through your local council.