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Planning Advisory Service (PAS)
Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - Heddiw

Why does a Non Material Amendment require permission?

Former Member, Addaswyd 10 Years yn ôl.

Why does a Non Material Amendment require permission?

I'm having trouble understanding why an amendment to a scheme that doesn't present any material planning considerations, requires an application for and consent from the local authority? Surely if it's something that is immaterial with regard to planning policy, it can be carried out/implemented without needing to be expressly permitted?

nma
Former Member, Addaswyd 9 Years yn ôl.

Why does a Non Material Amendment require permission?

The minor amendment process, and small fee ensures that alterations, however minor can be agreed in writting prior or during the construction phase. In agreeing to a minor amendment, not only does a LPA accept that the works are de minimous but also that it will not start enforcement proceedings should the works be carried out in the revised manor. Obviously the applicant may still revert to the original scheme should they wish as both are deamed acceptable.

Additionally, the fact that (and i assume this is the case) that minor amendments are logged on your website, and the public may view them saving enforcement calls about the changes.

In the good old days, minor amendents were dealt with by exchange of letters, though it was not legal method of varying the permission. As you will be aware, implementing a scheme which differs from that approved can result in the claim that it is unauthorised, and as such it could be argued that none of the conditions apply. The minor amendment scheme allows the client to have protection from prosecution and the LPA to ensure permissions implemented are lawful.

We have even varied conditions under minor amendments process where the change is of a non-material nature. This is allowed under the act.

 

Phill