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Non-material variations

‘Material’ and ‘non-material’ variations are not defined in legislation and are a matter for the planning authority.

Below is a list of circumstances that are normally considered material changes, and therefore not able to be approved as a non-material variation. Note that the list is neither prescriptive nor exhaustive, and each case will be considered on its merits.

  • Changes that would result in the development becoming contrary to policies of the development plan or national planning policy guidance/statements.
  • Changes that would impact on one or more important material considerations in the determination of the application.
  • Development which would require consultation with consultees outside the Council.
  • Alterations which would increase the impact of the development in relation to a material consideration that was the subject of at least one valid planning objection.
  • Development which conflicts with the terms of any other planning condition.
  • Development which was approved by the Local Review Body or on Appeal.
  • Changes that raise new planning issues/material considerations not previously considered.
  • Changes which alter the nature or description of the development.

There are also physical or operational changes to a development which are normally material, although these are generally more case-specific.

  • A building re-sited by more than 0.2 metres in any direction where neighbouring buildings are in close proximity and look on to the development.
  • A building re-sited by more than 0.5 metres in any direction where neighbouring buildings are over 20 metres away and/or look onto the development.
  • A building moving off the approved footprint by more than 25%.
  • Any amendment which creates built form forward of the front/principal elevation.
  • Any increase in approved floorspace of a development by more than 5%.
  • Any increase in approved volume of a development by more than 10%.
  • Additional doors and/or windows that would discernibly affect the external appearance of the development.
  • Additional or altered doors or windows that could harm the privacy or visual amenity of the nearby properties.
  • The relocation or replacement of plant (e.g. air conditioning, extractor outlets or air source heat pumps) that would discernibly affect the appearance of the development or increase noise levels at any neighbouring property.
  • Changes that would adversely affect the design of a development (including the loss of details or use of lesser quality materials).
  • Any amendment which relates to the provision of two or more new elements of development.
  • Any amendment which would reduce the root protection area to a tree considered to be worthy of retention or result in the loss of such a tree.
  • The development would impact on the setting or character or appearance of a conservation area, or the setting of a listed building.
  • Development which results in a loss of parking, manoeuvring or access so that it falls below the requirements of Roads Services.
  • Sub-division of floor area or site area to create a new unit or site operation.
  • Any operation that would result in conflict with any planning condition or the reason for a condition being attached.