Re: Variation of Condition via S96a (non-material amendment) - Public forum - Planning Advisory Service (PAS)

Rightly or wrongly, we allow conditions to be changed via S96a where the change is non-material. I suppose even if you feel para 48 is ambiguous the emphasis seems to be on greater flexibility so a liberal interpretation is within the spirit of the guidance and indeed the spirit of development management generally. Hope that helps.

I've had a look at s96a of the TCPA. Section 1 confers powers to an LPA to make "a change to any planning permission relating to land in their area if they are satisfied that the change is not material". It reads on at section 3 to say these powers include imposing new conditions and removing/altering existing conditions. The wording and reference to conditions implies to me that it allows changes to conditions only when a minor material amendment is being made to a permission. For example, if a window was moved and no longer needed to be obscure glazed, the condition could be removed. S73 applies to "applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted". If a change is sought to a condition alone it would mean that the development would be undertaken without the compliance of the conditions imposed on it thus triggering the s73 route surely? You can still be helpful through a s73 - getting the application through within 4-weeks (the same timeframe as the other route) for example. Has anyone else had taken Nick's approach, which admirably is very flexible.

"The wording and reference to conditions implies to me that it allows changes to conditions only when a minor material amendment...." meant to read as "non material amendment...." (not confusing at all)