Scope for scheme amendments once planning permission is granted
Scope for scheme amendments once planning permission is granted

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Scope for scheme amendments once planning permission is granted
  • Deciding which approach to scheme amendments to take
  • Has the planning permission lapsed?
  • What does the planning permission permit?
  • What is the planning permission?
  • Immaterial changes
  • Permitted development and ancillary uses
  • Tailpiece conditions ‘unless otherwise agreed in writing’
  • Approval of details/discharging planning conditions
  • Approvals of reserved matters
  • More...

Deciding which approach to scheme amendments to take

Once planning permission for development has been granted it must be implemented in accordance with the decision notice and conditions imposed (including approved plans referred to in conditions) and any associated legal agreements. See Practice Notes: Planning conditions—key points and Planning obligations—key points.

However, amendments to a development scheme are often needed after planning permission has been granted. This can be for a number of reasons, including unforeseen circumstances, market changes or simply because the process of designing a development is lengthy and usually evolves even after permission has been granted.

Some flexibility may be contained within the grant of planning permission itself. There is also an ability to make variations to a scheme informally, without any formal application to and approval of the local planning authority (LPA), in very limited circumstances for ‘immaterial changes’, see Lever (Finance) and Midcounties Co-operative.

Where the required modifications to a scheme are fundamental or substantial, a new planning application under section 70 of the Town and Country Planning Act 1990 (TCPA 1990) must be submitted. However, due to the financial costs, time and risk of refusal associated with submitting a fresh planning application, developers often wish to find ways to amend elements of a consented scheme without submitting another full planning application. In such cases, it may be possible, where the proposed

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