Discharge of conditions against a non-material amendment
If the scheme has not changed you are discharging a condition. If it has, you are amending the permission. This compares the two routes, the fees and periods, and when section 73 is needed instead.
Two different applications get confused constantly, because both happen after permission is granted and both involve sending drawings to the council. Discharging a condition means submitting the details the permission already required. A non-material amendment under section 96A means changing what was approved.
If the scheme has not changed and a condition asks for information, you are discharging. If the scheme has changed, however slightly, you are amending. Sending the wrong one wastes a fee and six weeks.
Submitting details against changing the scheme
A discharge application supplies something the permission anticipated. The condition says a scheme for tree protection, or a sample of the facing brick, or a surface water drainage design, shall be submitted to and approved in writing. You provide it, the council considers it against the condition, and it issues an approval.
A section 96A application asks the council to amend the permission itself. The power was inserted into the Town and Country Planning Act 1990 by the Planning Act 2008, and it allows a local planning authority to make a change to a planning permission where that change is not material.
Non-material is not defined in the Act. It is a judgement for the authority in the context of the particular permission, which means the same change can be non-material on a barn conversion in open countryside and material on a terraced house in a conservation area.
Which route a drawing change needs
Work through it in this order.
- Does the permission list approved drawings by number in a condition? Almost all do.
- Does the new drawing differ from the approved one in anything other than a drafting correction?
- If yes, you need an amendment. If no, reissue the drawing with the same number and tell the case officer.
- Is the change non-material in the authority's view? If yes, section 96A. If no, section 73.
That last step is the one worth a phone call. Most authorities will give an informal view on whether a change is non-material before you apply, and an officer who says no has saved you a fee.
Typical changes treated as non-material include small dimensional adjustments, a change of window position on a rear elevation, a repositioned internal wall, or a correction to a drawing number. Changes to materials, to the height or footprint of a building, to the number of units, or to anything that affects a neighbour are usually not.
There is no cumulative limit written into the legislation, but authorities do look at the picture as a whole. Four successive non-material amendments that together move a building two metres will be treated as one material change, and an officer is entitled to say so.
Fees and determination periods
| Discharge of conditions | Section 96A amendment | |
|---|---|---|
| What it does | Approves details the condition required | Amends the permission itself |
| Statutory basis | Article 27 of the 2015 Order | Section 96A of the 1990 Act |
| Period | 8 weeks | 28 days |
| Fee | Set nationally, per request | Set nationally, lower for householder |
| Right of appeal | Yes, against refusal | No |
| Publicity | Not usually | At the authority's discretion |
Fees for both are set by the national fee regulations and indexed annually, so take the current figures from the published schedule rather than from an older article.
The absence of an appeal right on a section 96A refusal matters more than the fee. Where the authority says no, your options are to accept the approved scheme, apply under section 73, or make a fresh application.
Where section 73 is required instead
Section 73 is an application to develop land without complying with a condition, and it is the route for what the industry calls a minor material amendment. The authority considers the condition afresh and, if it agrees, grants a new permission with the condition varied, sitting alongside the original.
Two limits are worth knowing. A section 73 application cannot be used to change the description of development itself, which was settled in the courts, so a permission described as four dwellings cannot become five by varying a condition. And the new permission carries the same implementation deadline as the original rather than a fresh three years.
The Levelling-up and Regeneration Act 2023 created an additional power to grant a permission that is not substantially different from an existing one. Check whether that power is in force before planning a strategy around it, because the Act's provisions have been brought into effect in stages.
Keeping the approved drawing set coherent
After two amendments and three condition discharges, the question "what exactly is approved here" gets hard to answer, and it is the question a purchaser's solicitor asks.
Keep a single schedule listing each drawing number, its revision, the application that approved it, and the date. When a drawing is superseded, mark it superseded rather than deleting it. Store the decision notices together.
One point about numbering. Where an amendment approves a revised drawing, the revised drawing usually carries a new number or a new revision letter, and the original condition still refers to the old one. The schedule is what reconciles the two, and without it the permission reads as approving a drawing that no longer exists.
Where a change alters the design rationale rather than only a dimension, update the Design and Access Statement and submit it with the amendment. Authorities rarely insist on this and officers notice when it is done.
For a section 73 application the supporting material needs to be fuller, because the authority is reconsidering the condition on its merits. A short Planning Statement explaining what is changing, why, and why the original reason for the condition is still satisfied is the difference between a decision in eight weeks and a request for further information in six.
The risk of building to the wrong revision
This is the failure mode that costs real money on self-builds.
A builder works from the drawing in the site folder. The site folder contains revision C. The permission approved revision B, and revision C was issued to the structural engineer and never submitted to the council. The house gets built 400 mm wider than approved, and the difference is discovered when the warranty inspector asks for the approved drawings.
Prevent it with one habit. Print the approved drawing set, stamp it, and keep it separate from the working set. Anything issued to site that differs from the stamped set has to be checked against the permission before it is built.
Where the deviation has already happened, deal with it immediately. A small, honest section 96A application shortly after the event is usually straightforward. The same application made two years later, after a neighbour complains, arrives in a very different atmosphere.
And do not rely on the idea that the council will not notice. Building control, the warranty provider and the eventual conveyancer all compare what was built with what was approved.
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
What is the difference between discharging a condition and a non-material amendment?
A discharge application supplies details the permission already required, such as a tree protection scheme or a materials sample. A section 96A amendment changes what was approved. The test is simple: if the scheme itself has not changed you are discharging, and if it has changed in any respect you are amending.
What counts as non-material?
It is not defined in the Act and is a judgement for the authority in the context of the particular permission. Small dimensional adjustments and internal changes are often accepted. Changes to materials, height, footprint, unit numbers or anything affecting a neighbour usually are not. Ask the case officer for an informal view before applying.
Can I appeal a refused section 96A application?
No. There is no right of appeal against refusal of a non-material amendment. Your options are to build the approved scheme, apply under section 73 to vary the relevant condition, or make a fresh planning application. That absence of an appeal route matters more than the difference in fee.
When do I need a section 73 application?
Where the change is material but minor, commonly called a minor material amendment. The authority reconsiders the condition and, if it agrees, grants a new permission with the condition varied alongside the original. It cannot be used to change the description of development itself, and the new permission keeps the original implementation deadline.
What if I have already built something different?
Deal with it straight away. A prompt and honest section 96A application shortly after the deviation is usually straightforward, while the same application two years later, prompted by a complaint, is not. Building control, the warranty provider and the eventual conveyancer all compare what was built with what was approved.
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.