Protocol for minor Amendments for Planning

Introduction

• There is no provision within the Planning Act or related Regulations for the authorisation of "minor amendments" to planning applications. However, this procedure has evolved as a result of custom and practice and is now operated by most Planning Authorities. A minor amendment to an approved scheme could be summarised as comprising:
  "a minor variation in an aspect or aspects of the detail of an approved scheme which does not raise any new issues for consideration which would otherwise warrant the submission of a fresh planning application".
• Whilst the minor amendment procedure is generally favoured by developers and agents as a helpful method of dealing with unexpected changes in circumstances or site conditions when the development is under way, it is regarded less favourably by those who are denied the ability to participate in the process, such as Parish Councils or neighbouring occupiers. Great care must therefore be exercised to strike the right balance between what is reasonable and what is undemocratic. There is also a need to be alert to the potential danger of cumulative or incremental changes to approved schemes which can arise as a result of a succession of minor amendments, resulting in a substantial departure from what was originally approved under the scrutiny of public consultation and involvement.
• The following protocol seeks to clarify to this process as well as setting out the procedures involved.

Criteria for assessing minor amendments

• The key tests as to the acceptability of a change to an approved scheme under the minor amendment procedure are basically threefold:
  1. Is the proposed change inconsequential in terms of its scale (magnitude, degree etc.) in relation to the original approval? If so, then two further tests need to be applied:
  2. Would the proposed change result in a detrimental impact either visually or in terms of amenity?
  3. Would the interests of any third party or body who participated in or were informed of the original decision be disadvantaged in any way? Where appropriate third parties, neighbours etc. are identified they will be notified of proposed changes prior to determination, to enable comments to be taken into account.
  4. Would the amendment be contrary to any policy of the Council?
• If having successfully applied the first test, the answer to points 2, 3 and 4 is 'YES', then the matter cannot qualify as a minor amendment.
• In making an assessment the following factors will be relevant;
  • Is the matter covered by a restrictive condition on the original approval? If so, it cannot be dealt with as a minor amendment.
  • Was the matter the subject of any objections or other material representations on the original permission?
  • What would be the effect of changes to site coverage, height of buildings, levels and relationship with any adjoining development, position of windows, materials proposed etc?
  • What would be the impact on existing trees and any approved landscaping scheme?
  • What would be the impact on the amenities of adjoining occupiers?
  • Are there significant changes to the appearance of proposed buildings which would affect the surrounding area/street scene?
  • Have there been previously agreed amendments to the scheme which will cumulatively result in the current request representing a significant change from the original.
  • Are there any other material considerations identified in the original officer report which should inform the decision?
  • Regard must be had to the provisions of the Development Plan and Government guidance.
• The following are some examples of what may NOT constitute a 'minor amendment'.
  • New windows, openings or enlargements that would result in loss of privacy or amenity to neighbours.
  • An extension to the site boundary (or "red edge" of application site).
  • An enlargement (or reduction) of the volume of a new building which represents a material increase (or reduction) in the scale or size of the building or a material alteration in appearance of a building from that which is approved.
  • An increase in the height of new building or extension by more than 0.5 metre in the case of a building of two-storeys or more, or 0.2 metre in the case of a single-storey building unless topographical circumstances, issues of scale and relationship to the street scene, or other development plan policies indicate otherwise.
  • Any changes to ground level which would in itself constitute an 'engineering operation' or would result in potential loss of privacy or visual amenity.
  • Any works which in themselves constitute 'development' requiring planning permission.
  • Any change to the external materials which would adversely affect the character or appearance of the development or erode the quality of that which was originally approved.
• This is not intended to be comprehensive and each "minor amendment" request must be considered on its merits having regard to all relevant circumstances.

A special note on listed buildings and conservation areas

• Great care must be exercised in a Conservation Area to ensure that new development preserves or enhances its character and appearance. Even relatively minor changes such as the substitution of materials, or changes to minor matters of detail can have an adverse impact and should be resisted.
• The potential impact of minor revisions to Grade II Listed Buildings also requires great care. Whilst it is technically possible to favourably consider a minor amendment to works relating to a Listed Building, the test of acceptability is even more rigorous. This is because of the statutory requirement to consider:
  "the desirability of preserving the building or its setting or any features of architectural of historic interest which it possesses".
  [S66(1), Planning (Listed buildings and Conservation Areas) Act 1990]
• The statutory requirement to secure this objective means that a more rigorous series of tests to those set out in 1.1, 3.1 and 3.2 above, must be applied to requests for minor amendments to approved works to Listed Buildings.
• With regard to both planning approvals relating to Listed Building, AND listed building consents, the following tests should be applied:
  • Would the proposed change to the scheme preserve the building, its setting or any architectural or historic features? if not, it cannot be considered as a minor amendment.
  • Is the scale of change such that it would warrant a fresh application for listed building consent? if yes, it cannot be considered as a minor amendment.
• Generally speaking, only VERY minor changes to Listed Buildings will be authorised under this procedure; great care is needed to ensure that the impact of small scale cumulative changes do not combine to create an adverse impact on the building's special character. For this reason it is anticipated that no more than one or two amendments to Listed Buildings will normally be considered, before a new application is required. In the case of buildings within the curtilage of a Listed Building, but not themselves listed, a somewhat more relaxed approach may be appropriate. The overriding consideration in such cases will be the effect on the Listed Building itself.

Housing estates

• Frequently requests are received for revisions to house types or site layout in respect of housing estates. Whilst the requested amendment might be relatively 'minor' in the context of the overall scale of the whole estate, such localised revisions can have a significant impact on any existing neighbouring properties. Even the 'handing' of house types can have overlooking impacts on neighbouring properties, whether existing or proposed.
• Again great care must be exercised, with particular emphasis on the potential impact of any changes to proposals on occupiers of both existing neighbouring properties and future occupiers of dwellings already authorised by the original permission. It is important to remember that future occupiers may well have agreed the purchase of new dwellings on the basis of the layout as originally approved.
• Requests to vary the external or facing materials of individual or groups of dwellings within an estate (e.g. from stone to brick), whilst possibly 'minor' in relation to the overall scale of the development as a whole, can however have a significant impact on the immediate surroundings. Amendments of this nature would only qualify under the minor amendment procedure if the street scene and local character remained unaffected.

Procedure

• Requests for a minor amendment must be made in writing, accompanied by 4 sets of relevant drawings and plans which clearly indicate the nature of the amendment(s) requested and accompanied by an administration fee of £55.
• The letter requesting such amendment must specify the site address, original application reference number and set out in written form, the precise nature of the amendment which is being sought.
  e.g. "replacement of doorway opening on east elevation with UPVC window as specified on drawing XXX/1 11".
• The extent and nature of the proposed amendment must be clearly identified on the accompanying plans and drawings. This can be done either by including sets of both the original and amended drawings, or by superimposing the proposed amendment on those originally approved. In either case, the extent of the amendment must be clearly identified. The use of a highlighter pen, cross hatching or other notation is helpful.
• Full specification of materials, colours, sections must be included where appropriate.
• If the extent and nature of the minor amendment cannot be easily identified from the submitted material this will be returned to the applicant for further information/clarification.
• The officer will make an assessment on the basis of the information submitted and in line with this Protocol. If found to be acceptable, the amendment will be agreed by exchange of correspondence, the amended drawings identified as a 'Minor Amendment' and one set placed on the Planning Register.
• It should be noted that in authorising such an amendment, the original details are in fact 'superseded' and the development must thereafter be carried out in accordance with the new revisions. The developer cannot 'choose' between the original and amended details. Any conditions or restrictions imposed on the original must be adhered to.
• If the extent or nature of the revisions requested is such that they exceed a minor amendment, the applicant will be advised in writing. Where appropriate he will be invited accordingly to submit a fresh application and advised of the likely acceptability of the proposals and any further issues to address. If made within 12 months of the original permission, such a revised application would not normally attract a new fee in addition to the administration fee of £55 provided that it relates to the same site area and is substantially similar to that originally approved.