Schedule 6, Paragraph 2: Non-material changes
252.This paragraph gives the appropriate authority (the Commission or the Secretary of State) a power to make a change to a development consent order. This particular power applies only where the appropriate authority is satisfied the change is not material. In deciding whether a change is material regard should be had to the effect of the change, together with the effect of previous changes, on the order as originally made. The power to make a non-material change includes the power to remove or alter existing requirements and also to impose new ones. This power may be exercised only on application by the people specified, and if made in the prescribed form and manner. Where the appropriate authority proposes to make a non-material change, it will have to comply with the prescribed requirements for consultation and publicity. Where a non-material change is made, the original order continues in force, but is treated as corrected with effect from the date the correction notice is issued.
