Documents for a non-material amendment application
Section 96A has no statutory definition of non-material and no right of appeal. The pack that makes the judgement easy, and when to use section 73 instead.
A section 96A application is the right route only where the change makes no material difference to the permission, and the Act gives no definition of non-material. The test is applied by the local planning authority on the facts of the particular permission, which means the same change can be non-material on a 200-dwelling site and material on a single infill plot. So the non material amendment documents you submit are mostly about proving the scale of the change rather than arguing its merits.
There is no right of appeal against a refusal under section 96A. That alone should shape how you use it.
What non-material means in practice
Section 96A of the Town and Country Planning Act 1990 allows an authority to make a non-material change to an existing planning permission. The permission remains the original one, with its original date and its original conditions, amended as approved.
Authorities reach a view by asking whether the change affects anything that mattered to the original decision. A window moved 300mm on a rear elevation nobody can see is non-material. The same window moved on an elevation facing a neighbour's garden, where overlooking was a stated reason for a condition, is not.
Changes that are commonly accepted include minor dimensional adjustments, internal rearrangements that do not alter the external envelope, substitution of a material for one of equivalent appearance, correction of a drawing error, revised drawing numbers, and the addition of a condition the applicant has requested.
Changes that are commonly refused as material include anything affecting the footprint in a way that changes the relationship with a boundary, an increase in ridge height, additional windows to a sensitive elevation, a change in the number of units, a change in the description of development, and anything that would have attracted a different consultee response.
The description of development is worth singling out. Section 96A cannot be used to change the description, so a permission for "erection of 12 dwellings" cannot become 13 by this route however small the physical change.
The test and how to make the case for it
Nothing is gained by minimising the change in the covering letter. Officers compare the drawings.
The persuasive approach is a comparison that makes the judgement easy. Set out the approved and proposed positions side by side, dimension the difference, and state why each difference does not affect the matters the original decision turned on.
| Element | As approved | As proposed | Difference | Why not material |
|---|---|---|---|---|
| Rear ridge height | 7.4m | 7.4m | None | Unchanged |
| Rear elevation window, first floor | 1.2m wide, obscure glazed | 1.4m wide, obscure glazed | 200mm | Obscure glazing condition unchanged, no additional overlooking |
| External wall | Buff brick, named product | Buff brick, alternative named product | Product only | Equivalent colour and texture, sample available |
Those figures are illustrative. The structure is what matters: the authority should be able to confirm the conclusion by reading one table.
Where the original permission was contentious, say so and address the specific issue. A change to a scheme approved against an officer recommendation, or after a committee debate about massing, will be read more carefully, and an application that ignores that history invites a refusal.
Drawings and schedules to submit
Keep the pack tight and unambiguous.
- A completed application form quoting the original permission reference and date.
- A schedule of drawings listing every approved drawing by number and revision, and every superseded drawing, with the replacements clearly identified.
- The proposed drawings, numbered so they cannot be confused with the approved set, with changes marked up or clouded.
- A short covering statement with the comparison table and the reasoning.
- The fee, which is set in the fee regulations and indexed annually, so check the current schedule.
Two housekeeping points save weeks. Give every revised drawing a new number or a clear revision suffix, because an authority cannot approve a change to a drawing that shares a number with the approved version. And list the drawings you are not changing, so the resulting permission has an unambiguous approved set. Purchasers' solicitors read these schedules years later, and ambiguity in them is a real problem at sale.
When the change is too large for this route
Two alternatives exist, and choosing between them is a programme decision.
An application under section 73 varies or removes a condition, which in practice is how most amendments to approved drawings are made, because approved plans are usually tied to a condition. Section 73 produces a new permission with its own decision date, reopens the conditions, and can trigger fresh consultation and a fresh biodiversity gain plan position. It also allows a right of appeal.
A fresh full application is the route where the change goes to the description of development, the number of units, or anything that affects whether the scheme is acceptable in principle.
There is a long-running debate about how far a section 73 application can go, and the honest position is that an authority can refuse to entertain one where the variation would amount to a fundamental change. Where the amendment is substantial, ask the case officer which route they will accept before you spend money on either. A full application also brings the usual evidence base back into play, which even for a modest domestic building means the pack described in the note on documents for a swimming pool building in a rear garden.
Effects on conditions and obligations
A section 96A change does not alter the conditions unless the application asks for it and the authority agrees. It also does not touch a section 106 agreement, which is a separate contract binding the land.
That creates a trap on house type substitutions. An amendment that changes the mix between affordable and open market units, or the tenure of a plot, will usually need a deed of variation to the section 106 as well as the planning change, and the deed takes longer than the application.
Conditions that reference drawing numbers need attention too. Where a condition says development shall be carried out in accordance with drawings numbered X and Y, and the amendment replaces drawing X, ask the authority to confirm in the decision notice which drawings now comprise the approved set. Otherwise you are left arguing about it at discharge stage, with the evidence demands set out in the note on documents for a site crossed by a public sewer and other condition-specific submissions landing on an unclear baseline.
The biodiversity gain condition is worth checking before submitting. A non-material amendment should not disturb an approved biodiversity gain plan, but a change that alters the developable area or the habitat baseline may do, and the Biodiversity Net Gain Assessment behind it is work for a competent person.
Timescales and the absence of an appeal
The determination period is 28 days. Authorities generally keep to it, because the assessment is narrow.
The absence of any right of appeal is the practical constraint. If the authority refuses, your options are to accept it, to resubmit with a smaller change, or to go to section 73 or a full application. Nothing is lost except the fee and the time, but on a live site four weeks can be the whole float.
So use the route for what it is good at. Submit before the work is built, not after, because an authority asked to approve a change already constructed is being asked to regularise a breach, and the officer's incentive is different. Where a change is urgent and the position is unclear, a short email to the case officer describing the change and asking whether 96A or 73 is appropriate usually gets an answer, and that answer is worth more than a confident assumption.
Keep a single, current, numbered set of approved drawings for the site with every amendment recorded against it. It takes ten minutes a time and it saves an argument years later.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval. Browse the 66 report types if an amendment turns out to need a fresh application.
Frequently asked questions
What counts as a non-material amendment?
There is no statutory definition. The authority decides on the facts of the particular permission, asking whether the change affects anything the original decision turned on. Minor dimensional changes, internal rearrangements, equivalent material substitutions and drawing corrections are commonly accepted; footprint shifts, height increases and new windows to sensitive elevations usually are not.
Can section 96A change the description of development?
No. The description cannot be altered by this route, so a permission for a stated number of dwellings cannot become a different number however small the physical change. Where the description needs to change, the route is a fresh full application rather than an amendment to the existing permission.
Is there a right of appeal against refusal?
No. Section 96A carries no right of appeal, so a refusal leaves three options: accept it, resubmit a smaller change, or apply under section 73 or for a fresh permission. That is why it is worth asking the case officer which route they will accept before incurring fees on either.
How long does a section 96A application take?
The determination period is 28 days and authorities generally keep to it, because the assessment is narrow. On a live site that is still four weeks of float, so submit before the work is built rather than asking the authority to regularise something already constructed.
Does an amendment affect the section 106 agreement?
Not automatically, because the agreement is a separate contract binding the land. Changes that alter the affordable housing mix, tenure or plot numbering usually need a deed of variation as well as the planning amendment, and the deed normally takes longer to complete than the application itself.
How should revised drawings be numbered?
Give every revised drawing a new number or an unmistakable revision suffix, and submit a schedule listing the approved drawings, the superseded ones and their replacements. An authority cannot cleanly approve a change to a drawing that shares its number with the approved version, and ambiguity causes problems at sale.
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.