Minor Amendments to Approved Plans - London Bylaws
In London, England, minor changes to approved planning permissions are commonly handled as either non-material amendments under section 96A of the Town and Country Planning Act 1990 or as variations under section 73 for more significant adjustments. Local borough planning authorities decide whether a proposed change is non-material or requires a formal new application, so applicants should check the statutory tests and local guidance before submitting documents.[1][2]
When to apply
Use a non-material amendment request when the change is minor and does not materially alter the development consented. Proposals that change the development in ways that affect amenity, appearance, access, parking or the degree of impact on neighbours are more likely to need a new application or a section 73 variation.[1]
Penalties & Enforcement
Enforcement for carrying out development not in accordance with an approved permission or condition is controlled by national planning enforcement provisions and local authority enforcement policies. Fine amounts: not specified on the cited page.[3]
- Fine amounts: not specified on the cited page; see official enforcement rules and local authority policies for details.[3]
- Escalation: councils may issue enforcement notices, breach of condition notices, stop notices and prosecute; specific escalation ranges are not specified on the cited page.[3]
- Non-monetary sanctions: enforcement notices (requiring remedial works), stop notices, injunctions and possible court injunctions or orders.
- Enforcer: local planning authority (your London borough) planning enforcement team; contact via the council planning or complaints page (see Resources).
- Appeals/review: appeals against enforcement notices are to the Planning Inspectorate; time limits and procedures are set out by statute and appeal guidance and may vary by notice type.
- Defences/discretion: councils consider whether a breach is immune from enforcement (e.g., by lapse of time) or whether there is a "reasonable excuse"; formal applications (S96A or S73) can regularise some changes.
Applications & Forms
- Non-material amendment request (S96A) - application form and procedure are handled by the local planning authority; specific consolidated national form is not specified on the cited page.[1]
- Section 73 variation to conditions - applies where a material change to permission is required; refer to statutory section and local council guidance for submission details.[2]
- Fees: local council or Planning Portal fee schedules apply; if a fee is required, the local authority or Planning Portal publishes the exact amount (not specified on the cited pages above).
- Submission: typically to the local planning authority online (via council portal or the Planning Portal) or by post where accepted.
Process & Timing
Decision times vary by local authority and application type. Non-material amendment requests are usually quicker than full or section 73 applications, but exact statutory timescales are not specified on the cited pages and will depend on the borough's case load and validation requirements.[3]
Action steps
- Check whether the change is non-material by consulting the local planning authority and the statutory tests in the Town and Country Planning Act.[1]
- Prepare amended drawings and a short statement explaining why the change is minor and will not affect impacts addressed in the original permission.
- Submit the request to your borough planning department or via the Planning Portal and pay any required fee.
- If refused or enforcement action follows, consider appeal routes (Planning Inspectorate) or regularising with a full application.
FAQ
- What is a non-material amendment?
- A non-material amendment is a small change to an approved permission that does not materially affect the development or its impacts; whether a change is non-material is for the local planning authority to decide.[1]
- How long will a decision take?
- Decision times vary by borough and application type; specific statutory times for non-material amendment requests are not specified on the cited pages.[3]
- Can I start works before an amendment is approved?
- You should not start works that would deviate from the approved permission without consent, as this risks enforcement action; seek advice from the local planning authority first.
How-To
- Confirm whether the proposed change is a non-material amendment or requires a section 73 application by consulting the Town and Country Planning Act tests and your borough planning officer.[1]
- Prepare clear amended drawings and a short justification statement focusing on why impacts remain unchanged.
- Contact your local planning authority for validation requirements and potential pre-application advice.
- Submit the request or application to the borough planning portal (or Planning Portal) with required documents and fee where applicable.
- Respond to any validation queries promptly and provide additional information if requested by the case officer.
- If refused, follow the appeal routes or consider submitting a fresh application addressing the council's concerns.
Key Takeaways
- Non-material amendments (S96A) are for minor changes; local authorities make the determination.
- Material changes usually require a section 73 application or a new planning permission.
- Undertaking works without consent risks enforcement; keep records and seek written advice.
Help and Support / Resources
- Planning Portal - apply and guidance for England
- GOV.UK - Planning permission: apply and check what you need to do
- Greater London Authority - planning and development information