As well as dealing with extensions to extant permissions, the DCLG's 18 June consultation paper also looks at how to streamline the minor amendment process and introduce the 2008 Act's non-material amendment regime.
In relation to minor material amendments (for which, unfortunately there will be no statutory definition), proposals are that applications under s73 are made. The biggest problem with this would seem to be that to make such an application requires a relevant condition to relate it to. To make amendments to plans therefore will require a condition listingwhich plans are approved. All regulations relating to s73 applications will apply here, as well as the need to consider EIA.
A non-material amendment is a new concept introduced bythe Planning Act 2008. Applications for such amendments will not constitute applications for planning permission and so there will be no need to submit a a D&A statement, although proposals to require ownership certificates seems sensible, bearing in mind that only those with an interest in the land can apply. Planning authorities will need to be on the ball when these applications are received as a 28 day determination period is proposed. These applications will not result in a new permission being granted so, unlike with minor material amendments, there is unlikely to be a need to vary any s106 agreements.
Interestingly, there are proposals for a fee of £170 for non-material amendmentsbut the new fees regulations would not be brought in until a couple of months after the new s96A is brought into force - so, if you're quick in October, it looks like you can get a free non-material amendment in!
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