Amending the description of development after submission
The description of development is the permission. Minor changes can be agreed during determination; after the decision the options narrow sharply.
The description of development is the permission. Everything else on the decision notice, including the conditions and the approved plans, hangs off that sentence, so a wrong or clumsy description follows a site for decades. During determination a council can usually accept a tightened or corrected description, provided the change does not turn the application into a different proposal that others should have been consulted on. After the decision, the options narrow sharply.
The practical rule for drafting is to describe the development and nothing else. Keep quantum, materials and operational detail out of the description unless they are needed to identify what is proposed, because anything in the description binds later applications in ways a condition does not.
Why the description matters
Three consequences follow from the wording, and none of them is obvious when you type it into the form.
It defines the scope of the permission. Build something outside the description and it is unauthorised, whatever the approved drawings show.
It constrains variation under section 73. An application to vary a condition cannot produce a permission that conflicts with the operative description, so a description stating a specific height, unit number or floorspace fixes that figure more firmly than a condition would. This is why experienced agents keep numbers out of descriptions wherever the development can be identified without them.
It determines who gets consulted. Publicity and consultee notification are driven by what the application says it is, so a description that understates the proposal undermines the consultation and gives an objector a procedural argument later.
When an authority will accept a change
Councils routinely accept minor changes to a description during determination. The test applied is whether the change would deprive anyone who should have been consulted of the opportunity to comment on what is now proposed.
Changes that are usually accepted include correcting an address or a plot reference, removing an element that has been deleted from the scheme, clarifying an ambiguous phrase, and reducing the quantum stated. Reductions are easier than increases, because nobody is prejudiced by a smaller proposal, though the council may still re-consult if the change is substantial.
Ask the case officer in writing and confirm the agreed wording in writing. An email agreeing a revised description is the document you will want if the decision notice later carries something different from what you expected. Because the description sits on the statutory register, the change is visible, and the statutory planning register and what must be on it sets out what the council has to publish.
Changes that require a fresh application
Some changes cannot be accommodated, and pushing for them wastes the determination period.
- Adding development not covered by the original application, such as an additional building or a further change of use.
- Increasing the number of dwellings or the floorspace beyond what was advertised.
- Changing the application type, for example from outline to full, or from householder to full.
- Changing the red line boundary to include land that was not certified, since the ownership certificates relate to the application site as submitted.
- Converting a change of use application into one that also involves operational development that was never described.
Where any of these is needed, withdraw and resubmit, or submit a second application alongside. Many councils allow one further application of the same character on the same site within twelve months without a further fee, so ask before assuming a resubmission costs a full fee again.
Re-consultation triggered by a new description
A changed description often triggers fresh publicity, and the decision to re-consult sits with the authority.
Expect re-consultation where the change alters the nature or scale of the proposal, where it introduces an element a statutory consultee would want to see, or where objectors commented on the original wording and the change materially affects their point. The re-consultation period restarts the clock on representations, though it does not reset the statutory determination period, which is why councils often ask for an extension of time at the same moment.
The mechanics are the same as those that apply when drawings change during determination, set out in re-consultation after amended plans during determination.
The description on the decision notice
Check the decision notice against what you applied for, on the day it arrives.
Councils sometimes edit descriptions for their own reasons: standardising phrasing, adding a reference to the approved plans, or adding words such as "as amended by" with a date. Most of these are harmless. Some are not. A decision notice that grants something narrower than what was applied for, or that inserts a limitation into the description, changes what you can build.
| Difference | What to do |
|---|---|
| Typographical error in the address or reference | Ask for a corrected notice immediately |
| Wording standardised with no change in substance | Note it and move on |
| Quantum inserted that was not in the application | Raise it at once, before implementation |
| Element of the scheme omitted | Raise it at once; the permission may not cover it |
| Description narrower than the approved drawings | Resolve before any work starts |
Raise a discrepancy in writing straight away. Councils will normally reissue a notice to correct an obvious error shortly after issue, and their willingness reduces as time passes and third parties begin to rely on the published decision.
Errors found after the decision
Once a decision is issued the routes are limited, and which one applies depends on the nature of the error.
A non-material amendment under section 96A of the Town and Country Planning Act 1990 can address small changes, and some authorities will use it to correct or clarify a description where the change is plainly immaterial. Others take the view that section 96A cannot alter the description at all, so ask before preparing the application.
Section 73 is not available for this purpose, because it varies conditions rather than the description, and a varied permission cannot conflict with the description it carries.
Where a mistake is fundamental, the practical answer is usually a fresh application for the development as intended. Judicial review exists but it is a six week, high cost route and it is rarely proportionate for a drafting error.
For appeal decisions the position differs, since there is a statutory power to correct errors in a decision document issued on behalf of the Secretary of State, exercisable within a limited period. That power does not extend to a local authority's own decision notice.
Getting the wording right first time
Draft the description as carefully as you draft the Planning Statement, and use these habits.
- Name the development type using the standard vocabulary: erection, construction, change of use, alteration, demolition, variation.
- Identify what is proposed with enough precision to distinguish it from something else, and stop there.
- Leave out quantum unless it is needed to identify the development, because it will bind you under section 73.
- Leave out materials, hours, access arrangements and anything else a condition can control.
- For change of use, name both the existing and the proposed use, by class where a class applies.
- Include associated works as a general phrase, such as associated landscaping and parking, rather than listing every element.
- Read it back and ask whether a neighbour would understand what is being proposed from that sentence alone.
That last test is the useful one. A description a neighbour cannot decode is a description that will generate objections about the wrong thing, and a consultation response that misses the point helps nobody.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it.
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Frequently asked questions
Can the description of development be changed during determination?
Usually yes for minor changes. The test is whether the change would deprive anyone who should have been consulted of the chance to comment on what is now proposed. Corrections, deletions of removed elements, clarifications and reductions in quantum are commonly accepted. Agree the revised wording with the case officer in writing.
What changes need a new application instead?
Adding development not covered by the original application, increasing dwelling numbers or floorspace beyond what was advertised, changing the application type, extending the red line onto land not covered by the ownership certificates, or introducing operational development into a change of use application. Withdraw and resubmit, or submit a parallel application.
Can section 73 be used to change the description?
No. Section 73 varies conditions, and a permission granted under it cannot conflict with the operative description it carries. That is why putting a specific height, unit count or floorspace into the description fixes that figure more firmly than a condition would, and why experienced agents keep numbers out of descriptions where possible.
What should I do if the decision notice description is wrong?
Raise it in writing on the day it arrives. Councils will normally reissue a notice to correct an obvious error shortly after issue, and their willingness reduces once third parties start relying on the published decision. Do not begin work on the basis that the drawings prevail over a narrower description.
Does a changed description restart the consultation period?
It often triggers fresh publicity where the change alters the nature or scale of the proposal, introduces something a statutory consultee would want to see, or affects an objector's point. Re-consultation restarts the period for representations but does not reset the statutory determination period, which is why an extension of time is usually requested at the same time.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.