Getting planning permission for change of use of a building can feel like a big task, but it doesn’t always have to be complicated. Whether you’re turning a shop into an office, or making small tweaks to how a space is used, there are ways to make the process easier. One of those ways is through something called a non-material amendment. But what does that mean for your project and do you need planning permission or is it permitted development?
In this guide, we’ll break it down for you, explaining when you can use non-material amendments, do you need planning permission or is considered under permitted development rights or not, how to make a planning permission application for them, and why it could be the perfect solution for your change of use project. Let’s dive in and make this process a little simpler!
What is a Non-Material Amendment?
A non-material amendment is a small change made to a development proposal after planning permission has been granted. These changes allow you to update the original planning permission without needing to submit a whole new application. Under Section 96a of the Town and Country Planning Act 1990 (amended by the town and country Planning Act 2008), non-material amendments to permitted development let you make these updates while keeping the original conditions and time limits in place.
What qualifies as a non-material change isn’t always clearly defined—it can vary depending on the project. The decision is ultimately up to the local planning authority (LPA). If you’re unsure about the statutory definition, it’s always a good idea to check with the planning authority to see if the change you’re planning qualifies as non-material.
What Changes Can Be Considered Non-Material?
So, what kind of changes are usually seen as non-material amendments? These are typically small adjustments that don’t drastically change the original proposal. For example, things like shifting a door or slightly altering a window, as long as these tweaks don’t noticeably affect the overall look or size of the listed building, the single dwelling house, the residential unit, or the proposed development elsewhere.
In general, non-material amendments should:
- Be small and not too different from what was originally proposed.
- Not change the conditions attached to the original permission.
- Not break any planning rules or policies.
- Not alter the size or outward appearance in a way that would be noticeable to neighbours.
If you’re planning something that could have a bigger impact, then you might need to go through a full planning application for planning permission instead.
Non-Material Amendments and Permitted Development Rights (PDR)
In the UK, if your project qualifies under Permitted Development Rights (PDR), you usually don’t need to apply for a Non-Material Amendment (NMA). Permitted Development Rights allow certain types of minor changes to a property without needing full planning permission, as long as they meet specific rules and conditions of country planning itself.
However, if your development has already received planning permission and you wish to make minor adjustments—such as changing windows or materials—you may need to submit an NMA. This process helps update the approved plans while keeping the overall scope of the project the same.
Key Points to Keep in Mind:
- Permitted Development Rights Projects:
If your project is fully covered by Permitted Development Rights and meets all the necessary conditions, you typically won’t need an NMA. But the local authority might request a Lawful Development Certificate to verify that your development falls within the scope of Permitted Development Rights. - Consult Your Local Authority:
Local planning authorities may have different interpretations of what qualifies as a non-material amendment. It’s a good idea to consult with them or submit an inquiry to ensure you’re following the right process.
It’s always a good idea to check with a planner or local planning authority first to make sure everything’s on track. That’s where we come in! At Homz, we’re here to make the process smoother and save you any headaches—let’s sort it out together! Contact us today, and let’s get started on making your project a success.
Non-Material Amendments and Change of Use Projects
When it comes to change-of-use projects, non-material amendments can get a little tricky. Often, changing the use of a building means making major renovations, especially when it comes to things like parking spaces, accessibility, meeting building regulations, broad and diverse range
of use classes. But, if the change is pretty minor and doesn’t affect the look of the building or impact the neighbours, it might still be eligible for a non-material amendment. For example, if you’re switching the same use class like from a shop to an office or 2 bedroom residential unit to 3 bedroom residential unit and don’t need to make major physical changes to the building, a non-material amendment could work.
Even if the changes you want to make to commercial property seem like they’d qualify as non-material amendments, there’s one thing to keep in mind—if your commercial property is within an Article 4 direction area, you may still need to submit a full planning application and obtain planning permission.
Article 4 restrictions can limit certain Permitted Development Rights, meaning what seems like a small change might require more formal approval. To learn more about how Article 4 could affect the general permitted development order for your change of use project, feel free to check out our detailed guide here: What is an Article 4 Direction and How Could It Affect Your Change of Use Project?
It’s always a good idea to check with a planner or local planning authority first to make sure everything’s on track. That’s where we come in! At Homz, we’re here to make the process smoother and save you any headaches—let’s sort it out together! Contact us today, and let’s get started on making your project a success.
Process for Applying for Non-Material Amendments
Applying for a non-material amendment planning application is generally a simple process, making it an ideal option for those wanting to make minor changes to an approved project. To begin, you’ll need to reach out to your local planning authority (LPA) to verify whether the changes you’re considering can be classified as non-material. If they are, the next step is to submit an application, which will usually require updated plans or drawings that outline the proposed modifications, along with a small application fee.
The best part? These applications are usually decided much faster than full planning applications—often within just 28 days! However, keep in mind that the final decision prior approval applications is up to your own local planning authority or local community here, so it’s always worth having everything as clear and detailed for the local planning authority as possible.
What is the Differences Between Non-Material and Material Changes?
Non-material amendments are the little adjustments that don’t really rock the boat, but once a change starts having a bigger impact, it crosses into material territory—and that’s where things get a bit more serious. For instance:
- Making It Bigger: If the change adds more size or bulk to the project, it’s usually seen as material.
- Noticeable Design Changes: Big moves like adding new windows, raising the roof, or changing the overall look of the building might need a new application.
- Neighbour Impact: Shifts that affect privacy, light, or views for your neighbours—like moving windows to face their garden—could turn into material changes.
- Switching Planning Use Classes: Small tweaks within the same use class can be non-material, but if you’re jumping different planning use class like from a shop to a house, that’s a whole different story.
Then there’s the in-between—minor material amendments. These are bigger than non-material changes but not big enough for a full new application. They might involve physical works, need more review necessary to obtain the necessary planning permission first, or even involve letting your neighbours have their say, depending if planning permission is required and on how far-reaching the major structural changes are.
Common Non-Material Amendments in Change of Use Projects
Change of use projects sometimes come with unexpected details that need a little fine-tuning. Non-material amendments can cover these minor but necessary adjustments, ensuring your project stays on track without extra complications. For instance:
- A slight shift in how internal spaces are arranged to better suit the new use.
- Small updates to external finishes to align with the intended purpose, without altering the overall look.
- Adjustments to minor features like signage or fittings that don’t affect the neighbours or planning conditions.
These changes may seem small, but they can make a big difference in ensuring the space is functional and aligned with the approved plans. If you’re navigating these details, we can help clarify what’s possible under non-material amendments—feel free to get in touch!
To get a better understanding of what a change of use project entails, take a look at our comprehensive guide on Navigating Change of Use Projects in the UK.
One of the key factors in making the process more understandable for you is understanding planning use classes. These use classes define the different types of uses for buildings or land like residential properties, health centres, houses in multiple occupations and hot food takeaways. Knowing which use class your property falls under is crucial for determining what type of planning permission, including non-material amendments, you need. For more information, check out our detailed guide on A Complete Guide to the Planning Use Class Order.
Why Work with Homz for Your Change of Use Projects?
At Homz, we know that change of use projects can sometimes feel like a maze of paperwork and challenge the understanding of the use class. That’s where we come in! We offer expert Pre-Planning Advice to help you understand the potential challenges before you even begin the formal application process so you can get professional advice.
Our team can help you with financial and professional services, ensuring that your project has the best chance of success with pre-application advice. Whether it’s a simple change of use or something more complex, we’ll guide you with practical advice and provide the support you need to move forward confidently. We’re here to help make the process smoother and ensure you’re on the right track from the start. Let us help you turn your ideas into reality!
Ready to get started? Contact Us today and let’s talk about how we can help with your project!
FAQ: Non-Material Amendments for Change of Use Projects
1. What is a non-material amendment?
A non-material amendment is a minor change made to a development proposal after planning permission has been granted. It allows you to update the original planning permission without needing to submit a whole new application.
2. How do I know if my change qualifies as non-material?
The definition of a non-material amendment can vary depending on the project, and it’s ultimately up to your local authority (LPA) to decide. It’s a good idea to check with the LPA to confirm whether your proposed change qualifies as non-material. Our Town Planners can help understanding your amendments are eligible to qualify as non-material or not. Get in Touch with us and our planners will provide Planning Advice for you.
3. How do I apply for a non-material amendment application?
First, confirm with your LPA whether the changes are eligible. Then, you’ll need to submit an application that includes updated plans or drawings showing the proposed changes, along with a small application fee.
4. How long does it take to process a non-material amendment?
Non-material amendments are usually decided more quickly than full planning applications, often within 28 days. However, the exact timeline depends on your LPA.
5. What if my property is in an Article 4 area?
Even if your proposed changes are minor, if your property is covered by an Article 4 direction, still planning permission is required and you might need to apply for full planning permission. To learn more, check out our guide on Article 4 Directions.
