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

Former Member, modified 12 Years ago.

Variation of Condition via S96a (non-material amendment)

We have been asked to consider a request to vary a condition on a planning permission via the non-material amendment route. No other changes are being made to the appearance, or otherwise to the approved development. They contend that as the change to the condition is 'non material' it can be done in this way. My own view is that whilst the 'Greater Flexibility....' document (para.48) allows for conditions to be changed, this should be as part of the consideration of a non-material amendment to the development e.g. window changes etc. The variation of the condition, no matter how minor or non-material, can only be done via s73 - where only the condition is being varied. Your thoughts/experiences would be appreciated.
Former Member, modified 12 Years ago.

Re: Variation of Condition via S96a (non-material amendment)

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.
Former Member, modified 12 Years ago.

Re: Variation of Condition via S96a (non-material amendment)

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.
Former Member, modified 12 Years ago.

Re: Variation of Condition via S96a (non-material amendment)

"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)