I have a situation where a client has been granted permission for a replacement dwelling. Permitted development rights have not been removed, but this appears to be an oversight on the part of the LPA. The applicant wants to seek a non-material amendment to the window arrangement on the replacement dwelling, but wants certainty that the LPA can not revisit the matter of permitted development rights. DCLG guidance does confirm that "The LPA must have regard to the effect of the change, together with any previous changes made under this section. They must also take into account any representations made by anyone notified (see paragraph 53 above), provided they are received within 14 days of notification" and "The decision only relates to the non-material amendments sought and the letter should describe these. It is not a reissue of the original planning permission, which still stands. The two documents should be read together". Based on the advice, I think that a the LPA would struggle to justify using the non-material amendment process to revisit the scope of permitted development rights applied to the dwelling (or at the most they could only look at the insertion of windows). However, I would be grateful if anyone can provide a clearer steer on the implications of a s.96A approval for the original consent.
