A non-material amendment to an approved planning permission in London costs £305 with us for the drawings and the application, where we prepared the original drawings. The council charges its own fee, and has 28 days to decide unless you agree longer.
Builds drift from drawings. A window turns out too close to a boundary, a structural engineer needs a deeper beam, a supplier changes a brick. If the change is small, the council can agree it under a short procedure and you keep the permission you have. If the change is larger, you need a fresh application. This article explains where the line sits and how to stay on the right side of it.
What it costs
Our £305, for drawings we prepared, covers the amended drawings, a note of what has changed from the approved scheme, and the application to the council. We mark the approved and the proposed positions on the same sheet, so the officer sees at a glance what moves and by how much. The council's own fee is separate and is set nationally.
The saving comes from avoiding a full application. A fresh application needs a survey, a full drawing set, neighbour consultation and a decision period of its own.
What the law says a council may agree
The power is in section 96A of the Town and Country Planning Act 1990. A council may make a change to a planning permission if it is satisfied the change is not material. In deciding, it must have regard to the effect of the change, together with any previous changes made under the same section.
Government guidance adds that there is no statutory definition of non-material, because it depends on the context of the overall scheme: a change that is non-material in one case may be material in another. The council decides, and the test is the effect on the scheme and on anyone it might affect.
| Change | Likely to be non-material? | Why |
|---|---|---|
| Moving a window a few hundred millimetres | Often | Small effect on neighbours and appearance |
| Changing brick or roof tile to a close match | Often, if the materials condition allows | Same appearance, same effect |
| Adding a storey or increasing height | Rarely | Changes the building's scale and neighbour impact |
| Extending the footprint towards a boundary | Depends on how far and where | Could affect light, outlook and privacy |
| Adding a new window facing a neighbour | Depends | Overlooking is a material consideration |
The clock, and what happens if the answer is no
Planning practice guidance sets the time for deciding at 28 days, or a longer period agreed in writing. That is much quicker than the 8 weeks for a new application, which is why an amendment is worth trying for a small change.
Photo: A P Monblat, BY-SA 3.0
If the council decides a change is material, it will say so, and you then have a choice. You can make a new application for the revised scheme, or return to the approved design. Do not build the change in the hope of agreeing it later: unauthorised departures from an approved scheme can be enforced against.
If the change is to a condition, not the drawings
Altering a condition attached to a permission is a different route. An application under section 73 asks the council to vary the condition, and the council can grant a new permission with changed conditions. That is a full application with a fee, and the decision period is the standard one.
Where a condition simply asks for details to be approved, such as materials, you apply to discharge it. The council must decide such an application within 8 weeks of receiving it, under article 27 of the Development Management Procedure Order. We handle that route separately.
The figures in this article, and where they come from
Section 96A lets a council make a change to a planning permission if it is satisfied the change is not material.
Source: legislation.gov.uk, Town and Country Planning Act 1990, section 96AThe time period for determining a non-material amendment is 28 days, or longer if agreed in writing.
Source: GOV.UK, Planning practice guidance, Flexible options for planning permissionsA council has 8 weeks to decide an application for approval of details required by a condition, unless a longer period is agreed in writing.
Source: legislation.gov.uk, Development Management Procedure Order 2015, article 27A council has 8 weeks to decide a non-major planning application from the day after it receives it.
Source: legislation.gov.uk, Development Management Procedure Order 2015, article 34After a refusal of a householder application you can appeal for up to 12 weeks from the date on the decision letter.
Source: GOV.UK, Appeal a householder planning decisionIn England a council has 10 years to take enforcement action against operational development from the date it was substantially completed.
Source: legislation.gov.uk, Town and Country Planning Act 1990, section 171B
Questions people ask
Can I build the change first and apply afterwards?
It carries risk. A departure from the approved plans is a breach of planning control, and if the council later decides the change is material you could be asked to put it right. Apply before you build the change.
How many changes can I make under this route?
There is no fixed number, but the council must consider the effect of the change together with any previous changes made under section 96A. A series of small changes can add up to a material one.
Does the neighbour get told?
There is no statutory consultation for a non-material amendment, though the council may choose to notify neighbours. That is one reason it is quicker than a new application.
Is an amendment the same as a minor material amendment?
No. A minor material amendment is a change that is material but small, made through section 73 with a full application and fee. A non-material amendment is a change the council agrees is not material at all.
What if the approved drawings and the build already differ?
We compare the built work with the approval and advise. A small difference may be agreed through an amendment. A larger one may need a retrospective application, which starts at £765 inc survey with us.
Planning Amendment: from £305
What you get
- Revised drawings
- Covering statement
- Council submission
- A side-by-side drawing of approved and proposed positions
The total you pay, fixed in writing before you commit. Council fees are separate and paid to the council. Prices checked 24 October 2026.
How our planning amendment service works