UK: Guidance On Extending Permissions, Non-Material Amendments And Minor Material Amendments

Last Updated: 27 January 2010
Article by Clare Prior

This guidance should have been issued to coincide with the changes to the General Development Procedure Order and the commencement of section 96A of the Town and County Planning Act 1990 on 1st October 2009. Click here ve/ZZQ002981C69VdvZS9/stype=click/OID=50912914472572/VT=0) to view a full copy of the Guidance.

A. Extending permissions

Applications for extension of time can only be made in respect of planning permissions granted before 1 October 2009 and which have not been implemented. The permission to be extended must be extant at the time of the application but if it should expire after the application date, it can still be extended. It is up to local planning authorities to decide what further information may be required in support of application but further information is likely to be required where changes in policy have occurred since the original grant of the permission or where assessments require updating.

An application for an extension of time is however a new application for a development consent under the 1999 Environmental Impact Assessment Regulations and where a development falls within the EIA criteria, a new screening opinion should be sought.

Any previously approved reserved matters approvals do not need to be reapplied for following the grant of the extended permission unless changes are required to those reserved matters approval.

Not all applications for extensions will succeed and local planning authorities may refuse to grant the extension where changes in their development plans or other material considerations indicate that the proposed development is no longer acceptable. If the extension is acceptable, an entirely new permission with a new number will be issued.

As most section 106 Planning Agreements/Undertakings are linked to specifically numbered planning permissions, simple deeds of variation will be necessary to substitute the new permission number.

B. Non-material amendments

The new section 96A allows non-material amendments to be made to an existing permission by a simplified application procedure with a faster decision time and as this is not a full application, a design and access statement will not be required. Unfortunately there is not a statutory definition of a non-material amendment as the guidance considers that it is for the local planning authority to decide, in the context of the scheme, whether the amendment applied for is non-material. Only those with an interest in the land (including mortgagees and those with options to acquire an interest) can apply for a non material amendment.

An application can include more that one amendment and this procedure can also be used to amend conditions.

C. Minor material amendments

A minor material amendment is defined in the Guidance as one "whose scale and nature results in a development which is not substantially different from the one which has been approved". Pre application discussions should be had with the local planning authority to establish whether the amendment required falls within this definition so as to avoid unnecessary work and cost on an application which doesn't fall within the definition. This new procedure uses the existing section 73 procedure (which is used to amend conditions) and so the permission must have a suitable condition which could be amended. For example if changes to the approved plans are required then, a condition requiring the development to be carried out in accordance with "the following approved plans" and, which also lists the plans, can be amended.

If however a permission doesn't include such a condition, one could be added through the use of the non-material amendment procedure above and then varied using the minor material amendments procedure.

Draft Supplementary Planning Guidance on the use of planning obligations in the funding of Crossrail (SPG)

Despite the Mayor issuing his consultation draft London Plan he has also published his amended draft supplemental Planning Guidance on the use of planning obligations in the funding of Crossrail to accompany his alterations to the current London Plan. The alterations propose the addition of a new Policy – Funding of Crossrail.

The SPG will enable the Mayor to provide guidance to boroughs when undertaking negotiations on planning obligations which will require contributions from developers towards the costs of funding Crossrail. The guidance will set out the criteria for indentifying those projects which should be subject to the additional contribution; standard charges and formulae for calculating the contributions and the period over which the contributions should be sought and arrangements made for review. Click here ( to view a full copy of the draft SPG.

Consultation on Permitted Development rights for small scale renewable and low carbon energy technologies

This consultation sets out the proposal to grant permitted development rights in England to specific smaller scale renewable energy and low carbon technologies and for electric vehicle charging infrastructure.

Renewable and low carbon technologies which are likely to be permitted for domestic premises are wind turbines and air source heat pumps.

Permitted installations on non domestic premises are proposed as wind turbines, air source heat pumps, ground source heat pumps, water source heat pumps, solar panels, flues for biomass systems and combined heat and power systems.

On agricultural or forestry land, housings for anaerobic digestion systems biomass boilers and hydro turbines will also be permitted.

In relation to electric vehicle charging points, it is proposed that that a new Class 2 to the General Permitted Development Order is inserted to permit charging points to be placed in both public and private car parking areas. Click here ( to view a full copy of the consultation document.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.