What Changes Can You Make After Receiving a Planning Permit?
Planning permits are often received after what can have been a long and stressful process through the planning maze. During the application approval period, you may have considered changes to your scheme but have been reluctant to introduce these as it may further delay matters. So, you would like to amend certain aspects but will you require further consent or can you tweak the scheme within your approved permission?
It all depends on if the changes would be considered ‘non-material’ amendments. Generally small insignificant changes are allowed but larger variations are not. This immediately brings up a matter of judgement as to if your proposals can be deemed ‘non-material’.
There is no definition within planning laws that decrees what is allowable and what is not. It is a matter of common sense and subjective assessment. If this sounds unclear you are absolutely correct. Will your amendment significantly change the works that were approved?
The types of changes that may be considered non-material may include:
- Amendments to openings that do not overlook neighbouring properties.
- Changes to interior layouts.
- Reducing the size of extensions etc.
Your first call is to your designer or planning consultant seeking their views on if the matter can reasonably be considered as not of great consequence or if it will require a formal planning amendment. Do they believe that the authorities should be informed and a submission made to have this variation approved?
Your second call can be to your planning department or case officer and ask them the question. This at least provides clarity.
Why should you amend something that may well never be picked up on and you have a reasonable chance of ‘getting away with’?
There are many reasons to only build strictly to what is approved and these include:
- Will the planning department inspect on completion to check if all the works were fully compliant with the planning permit?
- Will the building control inspector pick up the changes and refuse to sign off on the occupancy permit without an official amendment in place?
- Will a complaint be made that is upheld and you are forced to take down completed works and rebuild in line with the permit?
- Will a future lender refuse to provide finance to a non-compliant building?
- Will a future buyer pull out of a sale agreement if the property is non-compliant?
- Will the change come to light as the result of a neighbour seeking a permit and highlighting your unapproved amendment?
- By building what is approved is compliant – by building what is not approved is not compliant. Why take unnecessary risks on this large investment?
Minor amendments will generally be dealt with as part of your approved permit but large changes may require a new application. Your planning office website should provide some guidance.
Building is a team operation , give Fitzpatrick Team a call to discuss your project.
