Non-material variation customer service guide

The Council will assess all requests for a variation to a planning permission in the context of the development as approved. Each case will be considered on an individual basis, and the case officer will consider if the proposed variation will make a material change to the outcome of the development, or if they will raise any new material considerations. The case officer will consider matters such as:

• Do the revisions comply with policies and guidance?
• Do the revisions raise additional amenity issues for neighbours?
• Do the revisions raise any other planning issues such as transport implications, for example, an increase or reduction of parking?
• Has the design and materials changed to such an extent that they are no longer compatible with the character of the area?

The scale of change relative to the size and scale of the development and the nature of the surrounding area will be the key factors in assessing whether the proposed variation is non-material.

Non-material variation assessment criteria

There is no statutory definition of a non-material variation, but the Council must be satisfied that the changes sought are non material in order to approve a non-material variation application. Each non-material variation case will be assessed on its own merits and in the context of any cumulative impacts that may arise from a series of non-material variation requests from applicants. The following criteria are used to assess any variations.

• The varied scheme must be within the same application site boundary as the original planning permission. It must be submitted by the original applicant, someone acting with their consent or successors in title to the land in question.
• The varied scheme must comply with the development plan policies and any relevant guidance.
• The varied scheme must not require formal planning permission.
• For listed buildings and conservation areas, consideration will also be made to the context of the approved development and the non-material variation that is proposed. The level of change proposed will be assessed giving due consideration to the Council’s legislative requirements to preserve the character and setting of a listed building / conservation area.
• The proposed variation must not re-introduce or alter any element that had previously been removed or added to a scheme through a planning condition or subsequent discussions with the Council to address objections or comments raised through the assessment process. For the avoidance of doubt, details covered by a specific planning condition cannot be deleted or adjusted through a non-material variation application.
• The varied scheme must not require the imposition of any additional planning conditions for it to be considered acceptable, nor must it require the alteration of a condition or the terms of any agreement relating to the consent, for example, S69 or S75 agreements.
• The varied scheme must not require further neighbour notification.
• The cumulative impact of a series of non-material variations must be considered by the Council. Whilst each variation may be minor in itself, the combined impact of a series of smaller variations could result in more significant changes to the original approved scheme which could require a new application.
• As the variation is not a new consent, the date of the original consent still applies.